ACTS AND RESOLUTIONS OF THE
GENERAL ASSEMBLY
OF THE STATE OF GEORGIA
2013
COMPILED AND PUBLISHED BY AUTHO RITY O F THE STATE
Volume Two

COMPILER'S NOTE
General Acts and Resolutions of the 2013 Regular Session of the General Assembly of Georgia will be found in Volume One beginning at page 1. The Supplementary Appropriations Act for FY 2012-2013 and the Appropriations Act for FY 2013-2014 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, 2012, and May 30, 2013, are printed in Volume Two beginning at pages 4519 and 4579, respectively.
There are no numbered pages between page 1111, the last page of Volume One and page 3501, the first page of Volume Two. This allows both volumes to be prepared simultaneously. 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; 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Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.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. With the exception of House Resolution 4, 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. House Resolution 4 became law without the approval of the Governor pursuant to Article III, Section V, Paragraph XIII, of the Constitution of the State of Georgia and was not assigned an Act number.

GEORGIA LAWS 2013
TABLE OF CONTENTS
VOLUME ONE
Acts and Resolutions of General Application .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Supplementary Appropriations Act for FY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appendix General Appropriations Act for FY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appendix
VOLUME TWO
Acts and Resolutions of Local Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3501 County and Consolidated Government Home Rule Actions. . . . . . . . . . . . . . . . . . . . . 4519 Municipal Home Rule Actions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4579
VOLUME THREE
Acts by Numbers-Page References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A Bills and Resolutions-Act Number References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5A Index-Tabular.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10A Index-General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42A Population of Georgia Counties-Alphabetically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97A Population of Georgia Counties-Numerically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101A Population of Municipalities-Alphabetically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106A Population of Municipalities-Numerically.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114A Population of Judicial Circuits.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122A Georgia Senate Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . . . 127A Georgia Senators, Numerically by District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129A Georgia House Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . . . 133A Georgia Representatives, Numerically by District.. . . . . . . . . . . . . . . . . . . . . . . . . . . 135A Status of Referendum Elections.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145A Vetoes by the Governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378A Legislative Services Committee and Staff.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 382A

GEORGIA LAWS 2013 SESSION
MACON-BIBB COUNTY MAYOR AND COMMISSIONERS; NONPARTISAN ELECTIONS.

3501

No. 3 (Senate Bill No. 25).

AN ACT

To amend an Act entitled "An Act to provide for the restructuring of the government of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), so as to provide for nonpartisan elections of the mayor and commissioners; 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 restructuring of the government of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), is amended by revising subsection (c) of Section 9 to read as follows:
"(c) The commission shall consist of nine members. The initial commissioners shall be elected at a nonpartisan election held on the third Tuesday in July, 2013, for terms of three years and until their successors are duly elected and qualified. Their successors shall be elected in nonpartisan elections for terms of four years and shall take office on the first day of January immediately following the date of the election. 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."

SECTION 2. Said Act is further amended by revising subsections (b) and (d) of Section 10 to read as follows:
"(b) The initial mayor shall be elected in a nonpartisan election to be held on the third Tuesday in July, 2013. Candidates shall be 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 and qualified. Thereafter, each successor to the office of mayor shall be elected at the general nonpartisan election to be held on the third Tuesday in July immediately preceding the expiration of a term of office, shall take office on the first day of January immediately following the date of the election, and shall have a term of office of four years and until a

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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." "(d) Except as otherwise provided in this section, all 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., 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."

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 2013 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to provide for the restructuring of the government of the City of Macon, the City of Payne City, and Bibb County, approved April 20, 2012 (Ga. L. 2012, p. 5595); and for other purposes.
s/ 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 The Telegraph which is the official organ of Bibb County on December 6, 2012, 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 11th day of January, 2013.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

GEORGIA LAWS 2013 SESSION

Approved February 14, 2013.

__________

3503

BIBB COUNTY BOARD OF EDUCATION; NONPARTISAN ELECTIONS.

No. 4 (Senate Bill No. 30).

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, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4932), so as to provide for the nonpartisan election of members comprising the board of education; to provide for the submission of this Act 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 establishing the Board of Public Education for Bibb County, approved August 23, 1872 (Ga. L. 1872, p. 388), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4932), is amended by revising Section 2B as follows:

"SECTION 2B. (a) In the 2002 general election, candidates shall be elected to fill Posts 7 and 8. Candidates elected to the board in 2002 shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. In the 2004 general election, candidates shall be elected to Posts 1 through 6. Candidates elected to the board in 2004 shall take office on the first day of January following their election and serve for a term of office of four years and until their successors are duly elected and qualified. Thereafter, successors to the elected members of the board shall be elected in the general nonpartisan election conducted immediately prior to the expiration of the term of office for which they offer as a candidate, shall take office on the first day of January following their election, and shall serve for a term of office of four years and until their successors are duly elected and qualified. (b) Vacancies occurring on the board shall be filled by the remaining members of the board appointing a qualified person to serve out the unexpired term of office in which the vacancies shall occur. All appointments to fill such vacancies shall be subject to the approval of the Bibb County Grand Jury in session at the time of the appointment. (c) All elections for the board of education shall be conducted on a nonpartisan basis 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. The Board of Public Education for Bibb County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, not later than 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 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 2013 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to provide for the restructuring of the government of the City of Macon, the City of Payne City, and Bibb County, appproved April 20, 2012 (Ga. L. 2012, p. 5595); and for other purposes.
s/ 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 The Telegraph which is the official organ of Bibb County on December 6, 2012, 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 11th day of January, 2013.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)
Approved February 14, 2013.

GEORGIA LAWS 2013 SESSION

3505

MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY NONPARTISAN ELECTIONS.

No. 5 (Senate Bill No. 31).

AN ACT

To amend an Act known as the "Macon-Bibb County Water and Sewerage Authority 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), and an Act approved May 6, 2009 (Ga. L. 2009, p. 3681), so as to provide for nonpartisan election for the members of such authority; to provide for federal preclearance; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act known as the "Macon-Bibb County Water and Sewerage Authority 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), and an Act approved May 6, 2009 (Ga. L. 2009, p. 3681), is amended by revising subsection (c) of Section 2 as follows:
"(c)(1) In the 2012 general election, candidates shall be elected from Districts 2 and 3 and serve for terms of four years thereafter. In the 2014 general election candidates shall be elected from Districts 1, 4, and 5. Elections shall be nonpartisan elections conducted as provided for in Code Section 21-2-139 of the O.C.G.A. Candidates elected from such districts shall take office on the first day of January following their election and serve for a term of office of four years and until their successors are duly elected and qualified. Thereafter, successors to the elected members of the authority shall be elected in the nonpartisan election conducted immediately prior to the expiration of the term of office for which they offer as candidates, shall take office on the first day of January following their election, and shall serve for terms of office of four years and until the election and qualification of their successors. Members of the authority from the City of Macon and Bibb County shall be appointed by the respective appointing body or official, and such members shall serve on the authority at the pleasure of each appointing body or official and only so long as they are members of the respective appointing body. (2) The members of the authority in office on the effective date of this Act shall continue in office until the expiration of the terms for which they are serving on the effective date of this Act."

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

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"(f) Should any vacancy occur among the elective members of the authority with respect to a term having more than 120 days to run, the remaining members of the authority shall forthwith notify the judge of the probate court who shall appoint a qualified person to serve until the next nonpartisan election, at which time a successor shall be elected for the unexpired term. The appointee of the judge of the probate court shall serve until a successor shall have been elected and shall qualify. Any person so elected at such special election shall hold office for the unexpired term for which he or she was elected. If a vacancy occurs within 120 days from the expiration of the term of the elected member causing the vacancy, no such election shall be held, but the remaining or surviving members of the authority shall constitute the authority until the next election; provided, however, that appointments shall be made in any event and regardless of the time that the vacancy commences if the vacancy of a member causes more than one vacancy to exist on the authority."

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority 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), and an Act approved May 6, 2009 (Ga. L. 2009, p. 3681), so as to provide for nonpartisan election for the members of such authority; to provide for federal preclearance; to provide for related matters; and for other purposes.
s/ 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

GEORGIA LAWS 2013 SESSION

3507

further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the The Telegraph which is the official organ of Bibb County on December 6, 2012, 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 11th day of January, 2013

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved February 14, 2013.

__________

CITY OF NEWNAN CITY COUNCIL; REDISTRICTING.

No. 6 (House Bill No. 72).

AN ACT

To amend an Act reincorporating and providing a new charter for the City of Newnan, approved March 31, 1987 (Ga. L. 1987, p. 5160), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3914), 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 reincorporating and providing a new charter for the City of Newnan, approved March 31, 1987 (Ga. L. 1987, p. 5160), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3914), is amended by revising Section 5.5 as follows:

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"SECTION 5.5. (a) For the purpose of electing councilmembers, the City of Newnan shall be divided into three districts. Those districts 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: newnancc-2013 Plan Type: Local Administrator: Newnan User: Gina'. (b) 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) Any part of the City of Newnan 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. (d) Any part of the City of Newnan 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. (e) Each district shall have two posts designated as Post A and Post B. (f) The first member from District 1, Post A, shall be Councilmember Clayton Hicks, whose term of office expires at the first organizational meeting of the city council in January, 2016. The first member from District 1, Post B, shall be elected in the November, 2013, municipal general election for a term beginning at the first organizational meeting of the city council in January, 2014, and ending at the first organizational meeting of the city council in January, 2016. (g) The first member from District 2, Post A, shall be Councilmember Rhodes Shell, whose term of office expires at the first organizational meeting of the city council in January, 2014. The first member from District 2, Post B, shall be Councilmember Ray DuBose, whose term of office expires at the first organizational meeting of the city council in January, 2014. (h) The first member from District 3, Post A, shall be Councilmember George M. Alexander, whose term of office expires at the first organizational meeting of the city council in January, 2016. The first member from District 2, Post B, shall be

GEORGIA LAWS 2013 SESSION

3509

Councilmember Cynthia Jenkins, whose tern of office expires at the first organizational meeting of the city council in January, 2016. (i) Notwithstanding any provision of this section to the contrary, Councilmember Robert W. Coggin, whose term of office expires at the first organizational meeting of the city council in January, 2016, shall serve as a councilmember-at-large until the expiration of his term of office and thereafter such office shall be abolished and no further elections conducted for such office. (j) Except as otherwise provided in subsection (f) of this section, successors to the councilmembers in Districts 1, 2, and 3 shall be elected at the November municipal general election immediately preceding the expiration of their respective terms of office and shall take office at the first organizational meeting of the city council in January immediately following their election for terms of four years. (k) The councilmembers shall be residents of their respective districts at the time of their election and shall remain residents of their respective districts during their terms of office. (l) Councilmembers shall be elected by majority vote of the electors of their respective districts only."

SECTION 2. The governing authority of the City of Newnan 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 3. All laws and parts of laws in conflict with this Act are repealed.

Plan: newnancc-2013 Plan Type: Local Administrator: Newnan User: Gina

District 001 Coweta County VTD: 07718 - ARTS CENTRE 170405: 1007 1014 1015 1016 1017 1018 1019 1021 1022 1023 1024 1025 1027 1028 1029 1030 1033 1034 1035 1036 1037 1038 1040 1046 1047 170602: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1018 1030 1031 1037 1038 1039 1040

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

1041 1042 1043 1044 1045 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 3000 3001 3002 3003 3004 3005 3006 3007 3010 3011 3012 3013 3014 3015 3016 3017 3018 3021 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3036 3037 3038 3039 3040 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4017 4018 4019 4021 4022 4027 4028 4029 170603: 2005 2011 2012 2015 2043 2044 2045 2046 2047 2052 2053 2054 2055 2056 VTD: 07728 - JEFFERSON PARKWAY 170306: 1014 3002 3003 3004 3005 3006 3010 3011 3012 3013 3014 3015 3016 3017 3037 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3055 3056 3058

District 002 Coweta County VTD: 07705 - NEWNAN 170601: 1011 1012 1031 170700: 4005 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 VTD: 07716 - TURKEY CREEK 170601: 4000 4001 4002 4003 4004 4005 4010 4016 4022 4029 4030 4031 4040 4041 4042 4043 4044 4045 4046 4047 4048 170602: 1019 1020 1021 VTD: 07717 - CENTRAL 170305: 2037 2038 2039 2040 2041 2042 2043 2044 2045 2059 2060 2061 2062 2063 2064 2065 2066 2067 170601: 1009 1010 1013 1014 1015 1030 4007 4008 4011 4013 4014 4015 VTD: 07719 - GREENTOP 170200: 4034 4035 4036 170304: 2031 2032 2038 2039 2040 2041 2042 2043 2048 2051 2052 2053

GEORGIA LAWS 2013 SESSION
2054 2055 2056 2057 2058 2059 2060 2061 2065 2066 2067 2068 2069 2070 2073 2074 2075 170305: 1068 1071 1072 1073 1074 1075 1076 1077 1078 1079 1081 1082 1083 1084 1085 1086 1087 1088 2034 3001 3002 3004 3005 3006 3007 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 170700: 4000 4001 VTD: 07720 - EXPO CENTER 170200: 1040 1043 1044 1046 1047 1048 1049 1053 1054 4001 4003 4005 4006 4007 4008 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4037 4038 4039 4040 4041 170700: 4002 4003 4004 VTD: 07724 - WESTSIDE 170200: 3035 3037 3038 VTD: 07725 - NORTHSIDE 170304: 2033 2034 2035 2036 2037 2044 VTD: 07728 - JEFFERSON PARKWAY 170305: 1040 1041 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1063 1065 1066 1067 1089 1090 1091 1092 1093 2000 2001 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2058 2069 2070 2071 2072 2073 2074 2075 2076 170306: 1010 1011 1012 3018 3019 3020 3021 3022 3023 3053 3054
District 003 Coweta County VTD: 07705 - NEWNAN 170601: 1032 1033 1049 2000 2001 2002 2003 2004 2016 2018 2019 2020 2068 170700: 1000 1001 1002 1020 2000 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018

3511

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

3022 3023 3024 3025 3026 3029 3030 3031 3033 3034 3036 3037 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 VTD: 07715 - SMOKEY ROAD 170601: 2005 2006 2007 2008 2009 2010 2011 2014 2015 2017 2021 2022 2023 2024 2025 2026 2027 2030 2031 2032 2033 2034 2035 2036 2037 2038 2051 2052 2053 2057 2061 2067 3062 3063 VTD: 07716 - TURKEY CREEK 170601: 3022 VTD: 07717 - CENTRAL 170305: 2027 2028 2029 2030 2031 2032 2033 2035 2036 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2068 170601: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3025 3026 4049

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the 2013 regular session of the General Assembly of Georgia a bill to amend an Act to reincorporate and provide a new charter for the City of Newnan in Coweta County, approved March 31, 1987 (Ga. L. 1987, p. 5160), as amended, so as to revise the council districts for the city; to provide for the manner of election for councilmembers; to provide for related matters; and for other purposes.
This 3rd day of January, 2013.
C. Bradford Sears, Jr. City Attorney, City of Newnan, Georgia

GEORGIA LAWS 2013 SESSION GEORGIA, FULTON COUNTY

3513

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lynn Smith, who on oath deposes and says that she is the Representative from District 70 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the The Newnan Times-Herald which is the official organ of Coweta County on January 3, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ LYNN SMITH Lynn Smith Representative, District 70

Sworn to and subscribed before me, this 16th day of January 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved February 26, 2013.

__________

GREENE COUNTY BOARD OF COMMISSIONERS; REDISTRICTING.

No. 9 (House Bill No. 63).

AN ACT

To amend an Act creating the Board of Commissioners of Greene County, approved August 11, 1925 (Ga. L. 1925, p. 653), as amended, particularly by an Act approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 698), and by an Act approved September 21, 2011 (Ga. L. 2011, Ex. Sess., p. 411), 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 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 an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3514

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1. An Act creating the Board of Commissioners of Greene County, approved August 11, 1925 (Ga. L. 1925, p. 653), as amended, particularly by an Act approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 698), and by an Act approved September 21, 2011 (Ga. L. 2011, Ex. Sess., p. 411), is amended by revising subsection (b) of Section 2 as follows:
"(b)(1) Those members of the Board of Commissioners of Greene County who are serving as such on December 31, 2013, 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. Commissioner Districts 1, 2, 3, and 4, as they exist on December 31, 2013, shall continue to be designated as Commissioner Districts 1, 2, 3, and 4, respectively, but as newly described under this Act, and on and after January 1, 2014, any 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 section. (2) For purposes of electing members of the board of commissioners, other than the chairperson, Greene 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: greene-p3-2013 Plan Type: Local Administrator: Greene Co. User: bak'.
(3)(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 State of Georgia. Any part of Greene 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. (C) Any part of Greene 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 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."

GEORGIA LAWS 2013 SESSION

3515

SECTION 2. Said Act is further amended by repealing the attachment thereto containing the former descriptions of commissioner districts which is identified as "Plan: greeneccsb-2011 Plan Type: Local User: bak".

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

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

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

Plan: greene-p3-2013 Plan Type: Local Administrator: Greene Co. User: bak

District 001 Greene County VTD: 133001 - GREENSBORO 950303: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3018 3019 3020 3021 3022 3024 3037 3038 3044 3045 3046 3047 3048 3056 3057 3058 3059 VTD: 133005 - SILOAM 950302: 1000 1001 1002 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1073 950303: 1036 1037 1060 1061 950400: 1018 1019 1020 1024 1027 1028 1029 1030 1031 1032 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

3516

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 950500: 2001 VTD: 133006 - WHITE PLAINS VTD: 133007 - LIBERTY VTD: 133008 - OLD SALEM 950302: 1003 1011 1012 1013 1027 1028 1029 1066 1068 1069 950303: 3049 3050 950500: 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1030 1031 1032

District 002 Greene County VTD: 133001 - GREENSBORO 950100: 1032 1082 1083 1084 1085 1086 1087 1088 1089 1090 1094 1095 1096 1097 1098 1101 1102 1103 1104 1105 1109 1110 1111 1112 1113 1150 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1193 1197 1198 1199 1200 1201 1202 1216 2053 2054 2059 2060 2061 2062 2063 950303: 1000 1001 1002 1007 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2019 2020 2021 2022 2023 2035 2038 2045 2046 2047 2048 2049 2050 2051 3017 3023 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3039 3040 3041 3042 3043 3051 3052 3055 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4012 4013 4014 4015 4016 4017 4018 4020 4021 4022 4023 4024 4025 4026 4037 4038 4039 4040 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5041 5042 5043 5044 5045 5046 5047 5048 VTD: 133003 - WOODVILLE

GEORGIA LAWS 2013 SESSION
VTD: 133004 - UNION POINT 950200: 1017 1019 1020 1021 1022 1023 1024 1029 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1083 1084 2051 2052 2053 2056 2057 2058 2066 2067 2068 2069 2070 2073 2074 2075 2076 3032 3037 3038 VTD: 133008 - OLD SALEM 950302: 1004 1005 1006 1007 1008 1009 1010 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 1065 1067 1070 1071 1072 1074 1075 1076 2000 2001 2002 2003 2059 2060 950303: 3053 3054 4036
District 003 Greene County VTD: 133001 - GREENSBORO 950303: 1003 1004 1005 1006 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1027 1028 1032 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1062 1063 1064 1065 1066 2015 2016 2017 2018 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2036 2037 2039 2040 2041 2042 2043 2044 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5023 5024 5025 5039 5040 5049 VTD: 133004 - UNION POINT 950200: 1067 1079 1080 1081 1082 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 2054 2055 2059 2060 2061 2062 2063 2064 2065 2071 2072 2077 2078 2079 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 3033 3034 3035 3036

3517

3518

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 133005 - SILOAM 950303: 1026 1029 1030 1031 1033 1034 1035 1038 950400: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1021 1022 1023 1025 1026 1033

District 004 Greene County VTD: 133001 - GREENSBORO 950303: 4011 4019 4027 4028 4029 4030 4031 4032 4041 VTD: 133002 - GRESHAMVILLE VTD: 133008 - OLD SALEM 950301: 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 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 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 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 950302: 1059 1060 1061 1062 1063 1064 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2061 2062 2063 950303: 4033 4034 4035 4042 4043 950500: 1071 1072

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the 2013 regular session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Greene

GEORGIA LAWS 2013 SESSION

3519

County, approved August 11, 1925 (Ga. L. 1925, p. 653), as amended, particularly by an Act approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 698), so as to change the description of the commissioner districts; and for other purposes.

BOARD OF COMMISSIONERS GREENE COUNTY, GEORGIA

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

s/ MICKEY CHANNELL Mickey Channell Representative, District 120

Sworn to and subscribed before me, this 14th day of January 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved March 18, 2013.

__________

GREENE COUNTY BOARD OF EDUCATION; REDISTRICTING.

No. 10 (House Bill No. 65).

AN ACT

To amend an Act creating the Board of Education of Greene County, approved March 12, 1986 (Ga. L. 1986, p. 3696), as amended, particularly by an Act approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 693), and by an Act approved September 21, 2011 (Ga. L. 2011,

3520

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Ex. Sess., p. 417), 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 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 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 Education of Greene County, approved March 12, 1986 (Ga. L. 1986, p. 3696), as amended, particularly by an Act approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 693), and by an Act approved September 21, 2011 (Ga. L. 2011, Ex. Sess., p. 417), is amended by revising subsection (c) of Section 2 as follows:
"(c)(1) Those members of the Board of Education of Greene County who are serving as such on December 31, 2013, 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. Education Districts 1, 2, 3, and 4, as they exist on December 31, 2013, 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 January 1, 2014, any 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 section. (2) For purposes of electing members of the board of education, other than the chairperson, the Greene County School District is divided into four education districts. One member of the board shall be elected from each such district. The four education districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: greene-p3-2013 Plan Type: Local Administrator: Greene Co. User: bak'.
(3)(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 State of Georgia. Any part of Greene 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. (C) Any part of Greene 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

GEORGIA LAWS 2013 SESSION

3521

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."

SECTION 2. Said Act is further amended by repealing the attachment thereto containing the former descriptions of education districts which is identified as "Plan Name: greeneccsb-2011 Plan Type: Local User: bak".

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

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

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

Plan: greene-p3-2013 Plan Type: Local Administrator: Greene Co. User: bak

District 001 Greene County VTD: 133001 - GREENSBORO 950303: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3018 3019 3020 3021 3022 3024 3037 3038 3044 3045 3046 3047 3048 3056 3057 3058 3059

3522

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 133005 - SILOAM 950302: 1000 1001 1002 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1073 950303: 1036 1037 1060 1061 950400: 1018 1019 1020 1024 1027 1028 1029 1030 1031 1032 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 950500: 2001 VTD: 133006 - WHITE PLAINS VTD: 133007 - LIBERTY VTD: 133008 - OLD SALEM 950302: 1003 1011 1012 1013 1027 1028 1029 1066 1068 1069 950303: 3049 3050 950500: 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1030 1031 1032

District 002 Greene County VTD: 133001 - GREENSBORO 950100: 1032 1082 1083 1084 1085 1086 1087 1088 1089 1090 1094 1095 1096 1097 1098 1101 1102 1103 1104 1105 1109 1110 1111 1112 1113 1150 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1193 1197 1198 1199 1200 1201 1202 1216 2053 2054 2059 2060 2061 2062 2063 950303: 1000 1001 1002 1007 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2019 2020 2021 2022 2023 2035 2038 2045 2046 2047 2048 2049 2050 2051 3017 3023 3025

GEORGIA LAWS 2013 SESSION
3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3039 3040 3041 3042 3043 3051 3052 3055 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4012 4013 4014 4015 4016 4017 4018 4020 4021 4022 4023 4024 4025 4026 4037 4038 4039 4040 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5041 5042 5043 5044 5045 5046 5047 5048 VTD: 133003 - WOODVILLE VTD: 133004 - UNION POINT 950200: 1017 1019 1020 1021 1022 1023 1024 1029 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1083 1084 2051 2052 2053 2056 2057 2058 2066 2067 2068 2069 2070 2073 2074 2075 2076 3032 3037 3038 VTD: 133008 - OLD SALEM 950302: 1004 1005 1006 1007 1008 1009 1010 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 1065 1067 1070 1071 1072 1074 1075 1076 2000 2001 2002 2003 2059 2060 950303: 3053 3054 4036
District 003 Greene County VTD: 133001 - GREENSBORO 950303: 1003 1004 1005 1006 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1027 1028 1032 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1062 1063 1064 1065 1066 2015 2016 2017 2018 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2036 2037 2039 2040 2041 2042 2043 2044 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5023 5024 5025 5039 5040 5049 VTD: 133004 - UNION POINT 950200: 1067 1079 1080 1081 1082 2000 2001 2002 2003 2004 2005 2006

3523

3524

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 2054 2055 2059 2060 2061 2062 2063 2064 2065 2071 2072 2077 2078 2079 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 3033 3034 3035 3036 VTD: 133005 - SILOAM 950303: 1026 1029 1030 1031 1033 1034 1035 1038 950400: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1021 1022 1023 1025 1026 1033

District 004 Greene County VTD: 133001 - GREENSBORO 950303: 4011 4019 4027 4028 4029 4030 4031 4032 4041 VTD: 133002 - GRESHAMVILLE VTD: 133008 - OLD SALEM 950301: 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 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 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 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 950302: 1059 1060 1061 1062 1063 1064 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2061 2062 2063

GEORGIA LAWS 2013 SESSION
950303: 4033 4034 4035 4042 4043 950500: 1071 1072

3525

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the 2013 regular session of the General Assembly of Georgia a bill to amend an Act creating the Board of Education of Greene County, approved March 12, 1986 (Ga. L. 1986, p. 3696), as amended, particularly by an Act approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 693), so as to change the description of the education districts; and for other purposes.
BOARD OF EDUCATION GREENE COUNTY, GEORGIA
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 120 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 December 27, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MICKEY CHANNELL Mickey Channell Representative, District 120
Sworn to and subscribed before me, this 14th day of January 2013.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)
Approved March 18, 2013.

3526

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

MCDUFFIE COUNTY BOARD OF EDUCATION; REDISTRICTING.

No. 17 (Senate Bill No. 199).

AN ACT

To amend an Act providing for a seven-member Board of Education of McDuffie County, approved March 27, 1972 (Ga. L. 1972, p. 2538), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3708), 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 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 providing for a seven-member Board of Education of McDuffie County, approved March 27, 1972 (Ga. L. 1972, p. 2538), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3708), is amended by revising Section 1 as follows:

"SECTION 1. (a) The Board of Education of McDuffie County shall be composed of seven members to be elected in this Act. For the purpose of electing members of the Board of Education of McDuffie County, McDuffie County is divided into seven districts. Districts 1 and 2 shall be and correspond to those two numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: mcduffcc-2012 Plan Type: Local Administrator: McDuffie CC User: SE'. Districts 3 through 7 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: mcduffsb-2012 Plan Type: Local Administrator: McDuffie SB User: SE'.
(b)(1) For the purposes of such plans: (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 2013 SESSION

3527

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 McDuffie County School District which is not included in Education District 1 or 2 as described in that attachment describing Education Districts 1 and 2 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 McDuffie County School District which is described in that attachment describing Education Districts 1 and 2 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 Education District 1 or 2 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 McDuffie County School District which is not included in Education District 3, 4, 5, 6, or 7 as described in that attachment describing Education Districts 3, 4, 5, 6, and 7 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 McDuffie County School District which is described in that attachment describing Education Districts 3, 4, 5, 6, and 7 as being in Education District 3, 4, 5, 6, or 7 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 Education District 3, 4, 5, 6, or 7 that is 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)(1) The members of the Board of Education of McDuffie County from Education Districts 2, 4, 5, and 6 shall be elected at the November general election in 2016. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (2) The members of the Board of Education of McDuffie County from Education Districts 1, 3, and 7 shall be elected at the November general election in 2014. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (b) Successors to members elected under paragraphs (1) and (2) of subsection (a) of this section shall be elected at the November general election next preceding the expiration of such terms of office and shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified."

3528

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 3. (a) Those members of the Board of Education of McDuffie 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. (b) Education Districts 1 through 7, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Education Districts 1 through 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 4. The Board of Education of McDuffie 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 5. All laws and parts of laws in conflict with this Act are repealed.

Plan: mcduffcc-2012 Plan Type: Local Administrator: McDuffie CC User: SE

District 001 McDuffie County VTD: 189131 - QUEEN OF ANGELS VTD: 189133A - FORT CREEK VTD: 189133B - DEARING GYM 950500: 2010 2011 2012 2017 2018 2019 2020 2021 2022 2023 2025 2031 2032 2033 2046 2052 2053 VTD: 189134 - VANDERHORST 950100: 2117 2118 2123 2124 2125 2142 2143 950200: 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 4004 4005

GEORGIA LAWS 2013 SESSION

3529

950300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1013 1014 1016 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 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1070 1071 1072 1073 1074 1075 1076 1079 1080 1081 1082 1083 1084 1085 1086 2015 2031 2037 2038 2039 950400: 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1038 1070 3055 3056 3057 VTD: 189135 - SALEM ROAD 950400: 4017 4018 4019 4020 4024 4025 4026 4027 4028 4035 4036 4037 4038 4039 4041 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 5015 VTD: 189136 - THOMSON DEPOT VTD: 189138 - SHRINE

District 002 McDuffie County VTD: 189132 - AIRPORT VTD: 189133B - DEARING GYM 950500: 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 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2013 2014 2015 2016 2024 2026 2027 2028 2029 2030 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2047 2048 2049 2050 2051 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 3000 3001 3002 3003 3004 3005 3006 3007 3008 3010 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3045 3046 3047 3048 3049 3050 3051 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 4003 4004 4005 4006 4007 4008 4050 4051 4052 4053 4054 4055 4056 4057 4059 4060 4061 4062 4063 4064 4065 4066 4095 VTD: 189134 - VANDERHORST 950400: 1037 1039 1041 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1058 1066 1069

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 189135 - SALEM ROAD 950300: 1077 1078 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2032 2033 2034 2035 2036 2040 950400: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1040 1042 1043 1044 1055 1056 1057 1059 1060 1061 1062 1063 1064 1065 1067 1068 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 3002 3003 3004 3005 3011 3012 3013 3014 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3054 950500: 4000 4001 4002 4097 VTD: 189137 - MARSHALL CHURCH VTD: 189139 - WHITEOAK

Plan: mcduffsb-2012 Plan Type: Local Administrator: McDuffie SB User: SE

District 003 McDuffie County VTD: 189131 - QUEEN OF ANGELS VTD: 189134 - VANDERHORST 950100: 2117 2118 2123 2124 2125 2142 2143 950200: 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 4004 4005 950300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1013 1014 1016 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 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1070 1071 1072 1073 1074 1075 1076 1079 1080 1081 1082 1083 1084 1085 1086 2015 2031 2037 2038 2039

GEORGIA LAWS 2013 SESSION
950400: 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1058 1066 1070 3055 3056 3057
District 004 McDuffie County VTD: 189136 - THOMSON DEPOT VTD: 189139 - WHITEOAK 950200: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3010 3011 3052 3053 3054 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3078 3079 3080 3084 950400: 3000 3001 3006 3007 3008 3009 3010 3015 3016 3017
District 005 McDuffie County VTD: 189134 - VANDERHORST 950400: 1041 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1069 VTD: 189135 - SALEM ROAD VTD: 189138 - SHRINE
District 006 McDuffie County VTD: 189133A - FORT CREEK VTD: 189133B - DEARING GYM 950500: 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 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 3030 3032 3033 3034 3035 3036 3037 3038

3531

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

3039 3046 3047 3048 3049 3050 3051 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3070 3071 3072 3073 3074 3075 3076 3077 3078 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 4003 4004 4005 4006 4007 4008 4050 4051 4052 4053 4054 4055 4056 4057 4059 4060 4061 4062 4063 4064 4065 4066 4095

District 007 McDuffie County VTD: 189132 - AIRPORT VTD: 189133B - DEARING GYM 950500: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3010 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3031 3045 3067 3068 3069 3079 3080 VTD: 189137 - MARSHALL CHURCH VTD: 189139 - WHITEOAK 950200: 2025 950500: 3009 3011 3012 3013 3014 3015 3040 3041 3042 3043 3044 3052 3053 3054 3055

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act providing for a seven-member Board of Education of McDuffie County, approved March 27, 1972 (Ga. L. 1972, p. 2538), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p.3708), 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 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; and for other purposes.
Senator Jesse Stone District 23

GEORGIA LAWS 2013 SESSION GEORGIA, FULTON COUNTY

3533

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jesse Stone, who on oath deposes and says that he is the Senator from District 23 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the McDuffie Progress which is the official organ of McDuffie County on February 6, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JESSE STONE Jesse Stone Senator, District 23

Sworn to and subscribed before me, this 21st day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 18, 2013.

__________

WHITE COUNTY HOMESTEAD EXEMPTION; SCHOOL TAXES; SENIOR CITIZENS; REFERENDUM.

No. 39 (Senate Bill No. 201).

AN ACT

To provide a homestead exemption from White County school district ad valorem taxes for educational purposes in the amount of $100,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older and whose income, excluding certain retirement income, does not exceed $25,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 White County school district, except for any ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means gross income from all sources determined pursuant to Chapter 7 of Title 48 of the O.C.G.A., as amended, for state income tax purposes, 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. (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 White County school district who is a senior citizen is granted an exemption on that person's homestead from White County school district ad valorem taxes for educational purposes in the amount of $100,000.00 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 $25,000.00 for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the tax commissioner of White County, giving such person's age, income, and such additional information relative to receiving such exemption as will enable the tax commissioner of White County to make a determination regarding the initial and continuing eligibility of such person for such exemption. The tax commissioner of White 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 White 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

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taxes for municipal purposes, or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to White 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, 2015.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of White County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the White County school district for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2014, state-wide general election and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of White County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from White County school district ad valorem taxes for educational purposes in the amount of $100,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older and whose income, not including certain retirement income, does not exceed $25,000.00?"

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, 2015. 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 White County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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

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

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to provide a homestead exemption from White County school district ad valorem taxes for educational purposes in the amount of $100,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older and whose income, excluding certain retirement income, does not exceed $25,000.00; and for other purposes.

Senator Steve Gooch District 51

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Gooch, who on oath deposes and says that he is the Senator from District 51 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the White County News which is the official organ of White County on February 14, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ STEVE GOOCH Steve Gooch Senator, District 51

Sworn to and subscribed before me, this 21st day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

GEORGIA LAWS 2013 SESSION
CITY OF SALE CITY CITY COUNCIL; STAGGERED, FOUR-YEAR TERMS OF OFFICE.

3537

No. 40 (House Bill No. 204).

AN ACT

To provide a new charter for the City of Sale City, approved June 3, 2003 (Ga. L. 2003, p. 4568), as amended, so as to provide for staggered, four-year terms of office for the city council; to provide for four-year terms of office for the mayor; to provide for the manner of election and transitions; 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 Sale City, approved June 3, 2003 (Ga. L. 2003, p. 4568), as amended, is amended by revising Section 2.11 as follows:

"SECTION 2.11. 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 six months prior to the date of election of mayor or member of the council; each person holding city office shall continue to reside therein during his or her period of service and to be registered and qualified to vote in municipal elections of this city."

SECTION 2. Said Act is further amended by revising Section 2.27 as follows:

"SECTION 2.27. The mayor shall be elected and serve for a term of four years and until the mayor's successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for six months preceding the election. The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedures as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers."

SECTION 3. Said Act is further amended by revising Section 5.11 as follows:

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"SECTION 5.11. (a) On the Tuesday following the first Monday in November, 2013, and every four years thereafter, the mayor and the successors to the councilmembers representing Posts 1 and 2 shall be elected and shall serve for terms of office of four years and until their respective successors are elected and qualified and shall take office on the first day of January immediately following their election. (b) On the Tuesday following the first Monday in November, 2013, the successors to the councilmembers representing Posts 3, 4, and 5 shall be elected and shall serve for terms of office of two years and until their respective successors are elected and qualified and shall take office on the first day of January immediately following their election. On the Tuesday following the first Monday in November, 2015, successors to such councilmembers shall be elected and shall serve for terms of four years and until their respective successors are elected and qualified and shall take office on the first day of January immediately following their election. (c) Thereafter, on the Tuesday following the first Monday in November of the last year of the terms of the mayor and each of the councilmembers, an election shall be held to elect their successors, each of whom shall serve for a term of office of four years and until his or her successor is elected and qualified and shall take office on the first day of January immediately following his or her election."

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 2013 session of the General Assembly of Georgia provide a new charter for the City of Sale City, approved June 3, 2003 (Ga. L. 2003, p. 4568), as amended, so as to provide for staggered, four-year terms of office for the city council; to provide for four-year terms of office for the mayor; to provide for the manner of election and transitions; to provide for related matters; and for other purposes.
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 Camilla Enterprise which is the official organ of Mitchell County on January 23, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2013 SESSION
s/ JAY POWELL Jay Powell Representative, District 171

3539

Sworn to and subscribed before me, this 4th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

CITY OF HOSCHTON NEW CHARTER.

No. 41 (House Bill No. 206).

AN ACT

To provide for a new charter for the City of Hoschton, Georgia; to provide for corporate boundaries and powers; to provide for a governmental structure; to provide for handling administrative affairs; to provide for a judicial branch; to provide for election and removal of officials; to provide for addressing the financial affairs of the 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:

ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.

The City of Hoschton and the inhabitants thereof are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style of Hoschton, Georgia, and by that name shall have perpetual succession.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1.11. Corporate boundaries.

(a) The corporate boundaries of the City of Hoschton shall be as described and set forth in Appendix A attached hereto. (b) The city council may provide for changes in Appendix A by ordinance to reflect lawful changes in the corporate boundaries.

SECTION 1.12. Powers and construction.

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

SECTION 1.13. Examples of powers.

The specific corporate powers of the City of Hoschton 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; 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 of Hoschton; to authorize the expenditure of money for any purposes authorized by this charter, and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building Regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, fire safety, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (4) Business Regulation and Taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A., or other such applicable laws as are or may hereafter be

GEORGIA LAWS 2013 SESSION

3541

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 of Hoschton, for present or future use, and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the City of Hoschton, 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 of Hoschton, 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) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violations thereof; (10) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection, and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees, and to provide for the manner and method of collecting such service charges; (11) General Health, Safety, and Welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the City of Hoschton 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 of Hoschton and the general welfare of the citizens of the City of Hoschton, on such terms and conditions as the donor or grantor may impose insofar as those terms and conditions accord with the Constitution and laws of the State of Georgia and provisions contained in this charter and where the mayor and city council formally approve such terms and conditions by majority vote; (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 city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; to provide for the use of pretrial diversion and any alternative sentencing allowed by law; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal Agencies and Delegation of Power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal Debts. To appropriate and borrow money for the payment of debts of the City of Hoschton and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal Property Ownership. To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the City of Hoschton; (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 water works, sewers and drains, sewage and wastewater treatment and disposal, stormwater management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) 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; (23) Planning and Zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (24) Police and Fire Protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a firefighting agency; (25) Public Hazards, Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public;

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(26) Public Improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detention, penal, and medical institutions, agencies, and facilities, and water and wastewater facilities; and to provide any other public improvements, inside or outside, the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (27) Public Peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (28) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public Utilities and Services. To grant franchises or make contracts for, or impose taxes on, public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (30) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan and other employee benefit plans and programs for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish, change the grade of, abandon, 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, improving, and extending of a sewage disposal, wastewater, or sewage treatment 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; to levy and provide for the collection of special assessments to cover the costs of providing such plant

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or plants and systems; 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, including the granting of exclusive or nonexclusive franchises for such services; and to provide for the separate collection of recyclable materials and to provide for the sale of such items; (35) Special Areas of Public Regulation. To regulate or prohibit junk dealers and the manufacture and sale of intoxicating liquors; to regulate the transport, carrying, or possession of firearms by employees of the city in the course of their employment; to regulate the discharge of firearms within the boundaries of the city; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers, and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; to license and tax professional fortune telling, palmistry, and massage parlors; and to restrict adult bookstores to certain areas; (36) Special Assessments. To levy and provide for the collection of special assessments to cover the costs of 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 herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

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SECTION 1.14. Exercise of powers.

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All powers, functions, rights, privileges, and immunities of the City of Hoschton, 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. Chief executive officer.

The mayor shall be the chief executive officer of the City of Hoschton. He or she shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter, except those executive and administrative powers specifically granted to the city council or other officers under this charter or under the Constitution and laws of the State of Georgia.

SECTION 2.11. 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 first election of a mayor under this charter will be on November 5, 2013. The mayor shall be a qualified elector of the City of Hoschton and shall have been a resident of the city for 12 months immediately preceding his or her election. The mayor shall continue to reside in the City of Hoschton during the period of his or her service. He or she shall forfeit the office of mayor on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.

SECTION 2.12. Tie breaker.

The mayor may cast a vote to break a tie on matters before the council; by such vote the mayor waives veto power.

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SECTION 2.13. Powers and duties of mayor.

As the chief executive of the City of Hoschton, the mayor shall: (1) Preside at all meetings of the city council but shall not have the power to vote in any business before the city council except in the election by the city council of the officers of the City of Hoschton; (2) See that all laws and ordinances of the City of Hoschton are faithfully executed; (3) With the approval of the city council, appoint and remove all officers and department heads of the City of Hoschton, except as otherwise provided in this charter; (4) Exercise supervision over all executive and administrative work of the City of Hoschton, provide for the coordination of administrative activities, and appoint and remove employees not provided for in Section 3.10(e) of this charter, provided that the mayor may delegate administrative duties to appropriate officers or employees of the City of Hoschton; (5) Prepare or cause to be prepared and submit to the city council a recommended annual operating budget and recommended capital budget; (6) Submit to the city council at least once a year a statement covering the financial conditions of the City of Hoschton and from time to time such other information as the city council may request; (7) Recommend to the city improvement of government, and promotion of the welfare of its inhabitants as he or she may deem advisable; (8) Call special or emergency meetings of the city council as provided in Sections 2.25 and 2.30 of this charter; (9) Approve or disapprove ordinances as provided in Section 2.14 of this charter; (10) Provide for an annual audit of all accounts of the City of Hoschton; (11) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; and (12) Perform other duties as may be required by general law of the State of Georgia, this charter, or ordinance of the City of Hoschton.

SECTION 2.14. Submission of ordinances to the mayor; veto power.

(a) Every ordinance adopted by the city council shall be presented promptly by the city clerk to the mayor. (b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the city clerk with or without the mayor's approval, or with the mayor's disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the city clerk. If the ordinance is neither approved nor disapproved, it shall become law at 12:00 noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit

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to the city council through the city clerk a written statement of the reasons for his or her veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor and the mayor's disposition of the ordinance. (c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next regular meeting, and should the city council then or at its next regular meeting adopt the ordinance by an affirmative vote of four members, the ordinance shall become law.

SECTION 2.15. Mayor pro tem; selection and duties.

The city council and mayor shall elect annually at the first meeting of the year by majority vote from among the members of the city council a mayor pro tem who shall assume the duties and powers of the mayor upon the mayor's physical or mental disability, suspension from office, or absence. The duly elected mayor pro tem shall serve in such capacity until such time as the mayor pro tem is re-elected or a successor is elected at the first meeting of the following year. The city council by a majority vote shall elect a new 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 or disability shall be declared by majority vote of all councilmembers. When serving as mayor, the mayor pro tem shall not also vote as a member of the city council.

SECTION 2.16. City council creation; number; election.

(a) The legislative authority of the government of the City of Hoschton, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of six councilmembers until December 2, 2013. From December 2, 2013, until December 7, 2015, the city council shall be composed of five councilmembers. After December 7, 2015, the city council shall be composed of four councilmembers. The city council established 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. (b) During the municipal elections to be held on November 5, 2013, and every four years thereafter, there shall be elected two councilmembers. During the municipal elections to be held on November 3, 2015, and every four years thereafter, there shall be elected two councilmembers.

SECTION 2.17. City council terms and qualification for office.

The members of the city council of the City of Hoschton shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible

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to serve as councilmember unless he or she shall have been a resident of the City of Hoschton for 12 months immediately preceding the date of the election of that member of the city council, and each shall continue to reside therein during that member's period of service and each shall be registered and qualified to vote in municipal elections of the City of Hoschton.

SECTION 2.18. Compensation and expenses.

(a) The mayor and councilmembers shall receive compensation for their services in an amount set by ordinance and as provided by the 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 of office. During the period beginning with the effective date of this charter through taking office of new councilmembers in 2013, salaries shall be the same as those existing in the year 2007. (b) Any action to increase the compensation of the mayor or councilmembers shall not be effective until after the taking office of those elected at the next regular municipal election which is held following the date on which the action to increase such compensation was taken. (c) Such action shall not be taken during the period of time beginning with the date that candidates for election to membership on the city council may first qualify as such candidates and ending with the date members of the city council take office following their election. (d) Such action shall not be taken until notice of intent to do so has been published in a newspaper of general circulation designated as the legal organ in the county and in the City of Hoschton at least once a week for three consecutive weeks immediately preceding the week during which such action is taken. (e) Notice of such action must also appear in a prominent place in the city clerk's office continuously during the three week period provided for in subsection (d) of this section, and a copy of the proposal must be available for inspection by the public.

SECTION 2.19. Vacancy; filling of vacancies.

(a) Vacancies - The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, removal from office in a manner authorized by this charter or the general laws of the State of Georgia, or 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 by the city council or those members remaining if less than four months remain in the unexpired term. If such vacancy

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occurs four 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 5.12 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. (c) This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember.

SECTION 2.20. Prohibitions.

(a) Elected and appointed officers of the City of Hoschton 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 Hoschton, or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of the official's judgment or action in the performance of those official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of the official's judgment or action in the performance of those official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Title 50, Chapter 14, of the O.C.G.A., concerning the property, government, or affairs of the City of Hoschton 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 he or she knows is interested directly or indirectly in any manner whatsoever in business dealings with the City of Hoschton; 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 insofar as permitted by the laws of the State of Georgia and other provisions of this charter; (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 the making of any contract with any business or entity in which he or she 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 of Hoschton shall disclose such interest to the city council of the City of Hoschton. The mayor or any councilmember who has a financial interest in any matter pending before the city council of the City of Hoschton shall disclose such interest

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and such disclosure shall be entered on the records of the city council and that councilmember shall be disqualified from participating in any decision or vote relating to that interest. 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 contact or matter pending before or within the entity shall disclose that interest to the governing body of the agency or entity. (d) Use of public property. No elected official, appointed officer, or employee of the City of Hoschton, or any agency or entity to which this charter applies, shall use property owned by the City of Hoschton for personal benefit, convenience, or profit but shall use such property only in their capacity as an officer or employee of the city. (e) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of another party to a contract or sale shall render that contract or sale voidable at the option of the city council of the City of Hoschton. (f) Ineligibility of elected officials. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the City of Hoschton or otherwise be employed by said government or any agency thereof during the term for which that official was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the City of Hoschton until one year after the expiration of the term for which that individual was elected except as provided by the Constitution and laws of the State of Georgia or elsewhere in this charter. (g) Political activities of certain officers, elected officials, and employees. No appointive officer of the City of Hoschton shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the City of Hoschton shall continue in such employment upon qualifying for or election to any public office in the City of Hoschton or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and council either immediately upon election or at any time such conflict may arise. (h) Penalties for violation.
(1) Any officer, elected official, or employee of the City of Hoschton 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 upon conviction therefor shall be deemed to have forfeited the office or position. (2) Any officer, elected official, or employee of the City of Hoschton who shall forfeit his or her 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 government of the City of Hoschton for a period of three years thereafter.

GEORGIA LAWS 2013 SESSION
SECTION 2.21. Inquiries and investigations.

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Following the adoption of an authorizing resolution, the city council of the City of Hoschton may make inquiries and investigations into the affairs of the City of Hoschton and the conduct of any department, office, or agency thereof and for this purpose may command the appearance of 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 2.22. General power and authority of the city council.

The legislative authority of the government of the City of Hoschton, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of six councilmembers until December 2, 2013. From December 2, 2013, until December 7, 2015, the city council shall be composed of five councilmembers. After December 7, 2015, the city council shall be composed of four councilmembers. The councilmembers shall be elected in the manner provided by this charter.

SECTION 2.23. Eminent domain.

The city council is hereby empowered to acquire, construct, operate, and maintain public ways, parks and playgrounds, recreational facilities, cemeteries, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detention, penal, and medical institutions, agencies, and facilities, and water and wastewater 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.

SECTION 2.24. Organizational meeting.

The city council of Hoschton shall meet for organization on the first regularly scheduled meeting after the regular 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 by an officer of the court authorized to administer oaths and shall, to the extent that it comports with federal and state law, be as follows:

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"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 of the United States of America. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of the City of Hoschton 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 Hoschton to the best of my ability without fear, favor, affection, reward, or expectation thereof."

SECTION 2.25. Regular and special meetings.

(a) The city council of the City of Hoschton at its organizational meeting shall set the dates, place, and times of regular meetings for the coming year through the next annual organizational meeting. These meeting dates may be postponed after reasonable public notice as provided by ordinance. (b) Special meetings of the city council of the City of Hoschton may be held on call of the mayor or any member of the city council. Notice of such special meetings shall be served on all other members personally or by telephone or by electronic mail, at least forty-eight hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Section 50-14-1 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.

SECTION 2.26. Rules of procedure.

(a) The city council of the City of Hoschton 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 retained in the office of the city clerk of the City of Hoschton.

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(b) All committees and committee chairs and officers of the city council shall be appointed as hereafter provided by ordinance.

SECTION 2.27. Quorum; voting.

(a) A majority of the councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be taken by a roll call vote, a show of hands, or by recorded vote and such vote shall be recorded in the journal. If less than all councilmembers are present, the affirmative vote of three councilmembers, or in the event of a tie broken by the mayor, the affirmative vote of two councilmembers and the mayor, shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. (b) No member of the city council shall abstain from voting on any matter properly brought before the council for official action except when such councilmember has a conflict of interest which is disclosed in writing prior to or at the meeting and made a part of the minutes. Any member of the city council present and eligible to vote on a matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of interest shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved.

SECTION 2.28. Ordinance form; procedure.

(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the City of Hoschton hereby ordains . . . ," and every ordinance shall so begin. (b) An ordinance may be introduced by any member of the council and be read at a regular or special meeting of the city council. This reading may be accomplished by the reading of the caption. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish, except for emergency ordinances provided in Section 2.30 of this charter. Subject to the provisions of this subsection, an ordinance may be adopted at the same meeting that it is introduced. Either the mayor or any councilmember or councilmembers may request that consideration of any proposed ordinance be delayed until the next regularly scheduled meeting of the governing authority. Such request need not be accompanied by any explanation or reason and shall automatically be delayed until the next regularly scheduling meeting of the governing authority without the necessity of such delay being approved or voted on by the governing authority. If any of the mayor or councilmembers are absent, or if any changes (other than correction of clerical errors) are proposed, an ordinance may not be adopted on the same day it is first introduced except for

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emergency ordinances provided in Section 2.30 of this charter. If the ordinance is not adopted, the introduction shall be a first reading. Upon introduction of any ordinance, the clerk shall, as soon as reasonable, 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 2.29. Action requiring an ordinance.

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

SECTION 2.30. Emergencies.

(a) To meet a public emergency affecting life, health, property, or public peace, the city council of Hoschton may convene on call of the mayor or any councilmember 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 thirty 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 thirty 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 the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.

SECTION 2.31. 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

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of Section 2.28 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.32 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the city clerk for inspection by the public.

SECTION 2.32. Signing; authenticating; recording; codification; printing.

(a) The city clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the city council of the City of Hoschton. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the City of Hoschton 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 Hoschton, Georgia." A copy of the code shall be furnished to each officer, department, and agency of the City of Hoschton 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.

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 or employment, departments, and agencies of the city, as

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necessary for the proper administration of the affairs and government of the City of Hoschton. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance or resolution. (d) There shall be a director or head of each department or agency who shall be its principal officer. Each such director or head 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 officers and department heads under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All officers and department heads shall be employees at-will and subject to suspension at any time by the mayor unless otherwise provided by law or ordinance. (f) The city council shall prepare a personnel ordinance to apply to all nonelective officers and employees of the City of Hoschton.

SECTION 3.11. Boards, commissions, and authorities.

(a) The city council shall create by ordinance such boards, commissions, and authorities as it deems necessary 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 such boards, commissions, or authorities of the City of Hoschton 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 laws. (c) The city council may provide by ordinance for the compensation and reimbursement for actual and necessary expenses of members of boards, commissions, and authorities. (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 of Hoschton. (e) Any vacancy on a board, commission, or authority of the City of Hoschton shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or general law of the State of Georgia. (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.

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(g) The members of all boards, commissions, or authorities may be removed at any time by a vote of a majority of the 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 of Hoschton shall elect one of its members as chair, one member as vice-chair, and may elect as secretary one of its own members or, if authorized by ordinance, 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 fulfillment of its duties or conduct of its affairs. Copies of such bylaws, rules, and regulations and a list of such officers shall be submitted to the mayor and city council and filed with the city clerk.

SECTION 3.12. City attorney.

The city council shall appoint a city attorney and such assistant attorneys as necessary and shall provide for payment for services rendered to the city by such attorney or attorneys. 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 meetings of the city council as directed; shall advise the mayor, city council, and other officers and employees of the city concerning the city's legal affairs; and shall perform such other duties as specified by the city council. The city attorney is not a public official of the city and does not take an oath of office. The city attorney shall at all times be an independent contractor. A law firm, rather than an individual, may be designated as the city attorney.

SECTION 3.13. City clerk.

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

SECTION 3.14. Position classification and pay plans.

The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease

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the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected officials are not city employees.

SECTION 3.15. Personnel policies.

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

ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation of municipal court.

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

SECTION 4.11. Judges.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he or she shall have attained the age of 21 years, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. The city council may require additional qualifications by ordinance at its discretion and in accordance with the general laws and Constitution of the State of Georgia. (c) Compensation of any judge or judges shall be fixed by ordinance. (d) Judges serve at-will and may be removed from office at any time by a vote of a majority of the members of the city council, unless otherwise provided by ordinance. (e) Before entering on the duties of the office, each judge shall take an oath given by the mayor that the judge will honestly and faithfully discharge the duties of the office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.26 of this charter.

SECTION 4.12. Convening.

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

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SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall have jurisdiction and authority to try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt or malicious prosecution as for a misdemeanor, 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 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 laws of the State of Georgia. (e) The municipal court shall have authority to establish bail and recognizance to insure the presence of those charged with violations before the court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for an appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be declared forfeited to the city on order of the judge, 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 authority to bind prisoners over to the appropriate court when there appears to be probable cause that a law of the State of Georgia has been violated. (g) 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. (h) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena, and warrants which may be served as executed by any officer as authorized by this charter or by 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

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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 of the jurisdiction and powers throughout the entire area of this city granted by general state laws to mayor's, recorder's, and police courts, and in particular by such laws as authorize the abatement of nuisances and prosecution of traffic violations.

SECTION 4.14. Appeal.

Appeals from decisions of the municipal court shall be taken to the Superior Court of Jackson County in the manner provided for appeals from probate court. The right of appeal and any bond as may be required to secure the costs of appeal to the Superior Court of Jackson County from the municipal court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court, provided that any person who fails to file his or her appeal within ten days of the date of conviction shall be deemed to have waived any such right. An appeal to the superior court shall be a de novo proceeding.

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 whole the rules and regulations for procedure in the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.

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

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

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SECTION 5.11. Regular elections; time for holding.
On the Tuesday next following the first Monday in November in each odd-numbered year beginning in November 2013, there shall be an election for mayor and city councilmembers' positions where those terms are about to expire. The terms of office shall begin at the time of taking the oath of office as provided elsewhere in this charter. Terms shall be for four years.
SECTION 5.12. Special elections; vacancies.
In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.19 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, that if such vacancy occurs within four 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 O.C.G.A.), as now or hereafter amended.
SECTION 5.13. Other provisions.
Except as otherwise provided by this charter, the city council shall prescribe by ordinance such rules and regulations 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.), as now or hereafter amended.
SECTION 5.14. 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 5.15. Election by plurality.
The person receiving a plurality of the votes cast for any city office shall be elected.

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SECTION 5.16. Procedure for removal.

(a) The mayor, councilmembers, or other 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 the mayor or councilmembers or other officers provided for in this charter may be accomplished by one of the following methods:
(1) By the vote of 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 for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Jackson County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the municipal court. Until December 2, 2013, removal shall require the votes of five councilmembers. From December 2, 2013, until December 7, 2015, removal shall require the votes of four councilmembers. After December 7, 2015, removal shall require the votes of three councilmembers; or (2) By an order of the Superior Court of Jackson County following a hearing on a complaint seeking such removal brought by any resident of the City of Hoschton.

ARTICLE VI FINANCE.
SECTION 6.10. Property tax.

The city council of the City of Hoschton 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 of Georgia and Jackson 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 city council of the City of Hoschton at 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 in what length of time these taxes must be paid. The city council by ordinance may

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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 occupation or business taxes not denied by the general law of the State of Georgia. Such taxes may be levied on any person or entity who transacts business in the city or who practices or offers to practice any profession or calling therein to the extent such persons or entities have a constitutionally sufficient nexus to the City of Hoschton to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxes as provided elsewhere in this charter.

SECTION 6.13. Licenses, permits, fees.

The city council by ordinance shall have the power to require any person or entity who transacts business in the City of Hoschton or who practices or offers to practice any profession or calling in the city to obtain a license or permit for such activity from the city and pay a reasonable regulatory fee for such license or permit where such activities are not now regulated by the general law of the State of Georgia 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 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 necessitates.

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, gas companies, transportation companies, solid waste disposal companies, and other similar organizations. The city council shall determine the duration, provisions, terms as to whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book to be kept by the 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 telecommunication companies, gas companies, transportation companies, and other similar organizations.

SECTION 6.15. Service charges.

The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for water, sewer, sanitary, health services, or any other services rendered within and without the corporate limits of the City of Hoschton for the cost to the city of providing such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.

SECTION 6.16. Special assessments.

The city council by ordinance shall have the power to assess and collect the cost of providing, including, but not limited to, constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, water facilities, wastewater facilities, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. The city council by ordinance shall have the power to assess and collect the cost of providing any such public improvements set forth in Section 2.23 of this charter, whether such cost has been or will be incurred, from those owners of property that are or will be benefited thereby, or to which the improvements are or will be available under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.

SECTION 6.17. Construction; other taxes and fees.

The City of Hoschton 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 charter shall not be construed as limiting in any way the general powers of this city to govern its local affairs.

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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 of this charter by whatever reasonable means as are not precluded by law. This may 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; allowing exceptions for hardship; 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 general laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken.

SECTION 6.20. Revenue bonds.

Revenue bonds may be issued by the city council as the present or future law of the State of Georgia provides. Such bonds are to be paid out of any revenue produced by the project or activity by the project, program, or venture for which they were issued.

SECTION 6.21. Short-term loans.

The City of Hoschton 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 law.

SECTION 6.22. Lease-purchase contracts.

The City of Hoschton 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

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the requirements of Section 36-60-13 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.

SECTION 6.23. Fiscal year.

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

SECTION 6.24. Preparation of budgets.

The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget and 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 45 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

SECTION 6.26. Action by city council on budget.

(a) The city council may amend the operating budget except that the budget as finally amended and adopted must provide for all expenditures required by the law of the State of Georgia or by 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.

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(b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the last day of each fiscal year. If the city council fails to adopt the budget by 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. Such adoption 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 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 6.27. 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 the City of Hoschton.

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 the purpose, but any additional appropriations may be made only from an existing unappropriated surplus in the fund to which it applies or on a revised estimate of revenue.

SECTION 6.29. Capital improvements budget.

(a) On or before the date fixed by the city council but no later than 45 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building,

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

SECTION 6.30. Independent audit.

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

SECTION 6.31. Contracting procedures.

No contract with the City of Hoschton shall be binding upon the city unless: (1) It is in writing; (2) It is drawn by or submitted to and reviewed by the city attorney and as a matter of course is signed by him or her to indicate such drafting or review; (3) If it involves the expenditure of more than $2,500.00, it is made or authorized by the city council and such approval is entered in the city council journal of minutes pursuant to Section 2.26 of this charter; and (4) It is signed by the mayor and attested to by the city clerk.

SECTION 6.32. Centralized purchasing.

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

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SECTION 6.33. Sale and lease of city property.

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(a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or any 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 or other purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey said cut off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights-of-way of 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 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 the City of Hoschton, 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. Land development code.

The city council of Hoschton may adopt ordinances and regulations related to land use and development.

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SECTION 7.12. Prior ordinances.

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

SECTION 7.13. Existing personnel and officers.

Except as specifically provided otherwise by this charter, all personnel and officers of the City of Hoschton and their rights, privileges, and powers shall continue beyond the time this charter takes effect and until the existing city council passes 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, which ordinance the city council shall pass as soon as practicable after adoption of this charter into law.

SECTION 7.14. Pending matters.

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

SECTION 7.15. Construction.

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

SECTION 7.16. Penalties.

The violation of any provisions of this charter, for which penalty is not specifically provided for herein or by applicable laws of the State of Georgia, is hereby declared to be an offense punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed 30 days.

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SECTION 7.17. Severability.

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If any section, subsection, paragraph, sentence, or part 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 section, subsection, paragraph, sentence, or part of the charter be enacted separately and independent of each other.

SECTION 7.18. Repealer.

(a) An Act incorporating the City of Hoschton, in the County of Jackson, approved August 19, 1919 (Ga. L. 1919, p. 1028), is hereby repealed in its entirety, and all amendatory acts thereto are likewise repealed in their entirety. All Acts of the General Assembly heretofore passed incorporating the City of Hoschton are hereby consolidated and superseded by this Act. All local Acts of the General Assembly in conflict with or at variance with this Act are hereby expressly repealed, and all local laws or parts of local laws in conflict with this Act are hereby repealed. (b) All ordinances passed by the mayor and council of the City of Hoschton under a former charter or any amendment thereof which are now in force and which are in conflict with this Act are expressly repealed, but all ordinances now in force which are not in conflict with this Act are continued as ordinances of the City of Hoschton, in full force and effect until the same have been repealed by ordinance or resolution of the mayor and council, as provided elsewhere in this charter. (c) All laws and parts of laws in conflict with this Act are hereby repealed.

SECTION 7.19. Effective date.

This charter shall become effective on July 1, 2013.

APPENDIX A BOUNDARIES

The boundaries of the City of Hoschton shall be those existing on the effective date of the adoption of this charter. The corporate limits of the City of Hoschton shall extend 3/4 of a mile in every direction form the center of the depot as provided in the original charter by legislative enactment dated September 19, 1891, and by amending the territorial boundaries by legislative Act on August 16, 1916, providing that the northern limits of said corporation

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shall extend north 12 1/2 degrees west, 383 feet beyond the land line known as the "Parks and Braselton Line," being a land line running north of said line parallel to "Parks and Braselton land line" shall no longer be included within the corporate limits of said City of Hoschton, and amending the corporate limits of the City of Hoschton by legislative Act dated March 6, 1962, by providing that the following described land shall be excluded from the corporate limits of the City of Hoschton.
"BEGINNING at an iron pin located in the northeast corner of this tract of land, said pin being 30 feet west of the center of Georgia Highway No. 53, where this tract corners with lands of Braselton Improvement Company; thence running along State Highway No. 53 south 13 degrees 30 minutes east 319 feet to a stake; thence south five degrees 30 minutes east 309 feet to a stake; thence south 81 degrees 40 minutes west 377 feet to an iron pin; thence north 13 degrees no minutes west 560 feet to an iron pin on the boundary which is adjacent to Braselton Improvement Company land; thence running along the city limits north 67 degrees 30 minutes east 411 feet to the beginning iron pin." In addition to the above, the boundaries shall encompass the following property that has been properly annexed. 1. The following described property was annexed into the City of Hoschton upon the application of Ralph Freeman and said property is described more fully as follows:
ALL THAT TRACT or parcel of land lying and being in the 1407th District G.M., Jackson County Georgia, and being described as that part of the land deeded to Ralph Freeman Jr., by Mrs. Ralph Freeman, Sr., on the 14th day of October, 1950, and recorded in the Jackson County Clerk's office on October 18th, 1950, Book 3-M, Folio 186-187 and deeded to Ralph Freeman, Jr., by Sam H. Freeman on the 15th day of January, 1963, and recorded in the Jackson County Superior Court Clerks Office on January 22, 1963, in Book 4-0, Page 45, that is not already included in the original City limits of Hoschton, Georgia. 2. The following described property was annexed into the City of Hoschton upon the application of the sole owner John C. Buchanan and said property is described more fully as follows: All that certain tract or parcel of land lying and being in the 1407th G.M. District of Jackson County, Georgia containing One Hundred Seventy-Five (175) acres more or less as shown on a certain plat of survey made by W.T. Dunahoo & Associates, Winder, Georgia Registered Surveyor No. 1577, and recorded in the office of the Clerk of Superior Court for Jackson County, Georgia on the 30th day of December, 1986, in Plat Book 22, Page 232. 3. The following described property was annexed into the City of Hoschton the application of Aaron Thal, President, Jopenea, Inc., and said property is described more fully as follows: ALL THAT TRACT OR PARCEL of land lying and being in the 1407th District, G.M., Jackson County, Georgia and being described as part of Tract 1 and all of Tract 2 as shown on that certain Plat for Discolex N.V. prepared by W.T. Dunahoo & Associates,

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Georgia Registered Land Surveyor, dated October 7, 1980, and recorded at Plat Book 12, Page 207, Jackson County records. 4. The following described property was annexed into the City of Hoschton upon the application of the sole owner James Isiaiah Mann, and said property is described more fully as follows: ALL THAT TRACT OR PARCEL of land lying and being in GMD No. 1407, Jackson County, Georgia, and being a portion of Tract No. 16 as shown on plat of survey prepared for Discolex, N.V. by W.T. Dunahoo & Associates, Georgia Registered Land Surveyors, dated October 7, 1980, and recorded at Plat Book 12, page 207, Jackson County, Georgia, records and being more particularly described as follows:
Beginning at a point marked by the intersection of the centerline of the Mulberry River and the centerline of Hog Mountain Road (having an 80 foot wide right-of-way at said point), thence running along the centerline of the Mulberry River North 36 degrees 45 minutes West a distance of two hundred thirty feet to a point at the intersection of said river and a branch; thence running along the centerline of said branch North 29 degrees 27 minutes East a distance of 166.1 feet to a point marked by a birch tree; thence running North 81 degrees 14 minutes East a distance of 554.5 feet to a point on the centerline of Hog Mountain Road (a 30 foot easement at said point); thence running along the centerline of Hog Mountain Road in a generally southwesterly direction a distance of 660 feet, more or less, to the point of beginning; said tract containing 2.2 acres, more or less, as estimated by W.T. Dunahoo. LESS AND EXCEPT, such portions of the above-described property located within the right-of-way of any road including such portions as may be located within the 80 foot right-of-way obtained by Jackson County to build the bridge over the Mulberry river adjacent to the above described property. 5. The following described property was annexed into the City of Hoschton upon the application of the sole owner John C. Buchanan, and said property is described more fully as follows: All that tract or parcel of land lying and being in the 1407th District, G.M., Jackson County, Georgia, comprised of one hundred twenty-seven and 29/100 acres and being the property of John C. Buchanan, as shown on a plat entitled "Survey for John C. Buchanan," dated April 25, 1984, and prepared and certified by Owen Patton, Georgia Registered Surveyor No. 1324, recorded at Plat Book 29, pages 73 and 164, Office of the Clerk, Superior Court, Jackson County, Georgia. 6. The following described property was annexed into the City of Hoschton upon the application of the owner, Hoyt Bell Family Limited Partnership, and said property is described more fully as follows: Beginning at a stake located 210 feet from the Hoschton Road and Northeast of said road along the right-of-way of paved road, running thence North 28 W 468 to stake corner, thence South 58 W 468 to a stake corner, thence S 28 E 468 to a stake corner located along the right-of-way of paved county road, thence along the right-of-way of said paved

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county road N 58 E 468 feet to the beginning corner, being bounded as follows: South by paved county road, North, East and West by other lands of grantor, and containing thereon one residence known as the Blaylock Home Place, a barn and well. Life estate was granted to Florine Bell on September 6, 1957, by Hoyt Bell in Deed Book 4-A, page 73. The remainder conveying herein shall follow the above life estate. (Adopted 7/6/1992) 7. The following described property was annexed into the City of Hoschton upon the application of the sole owner, John Buchanan, and said property is described more fully as follows: Property has 746.11 feet frontage along Hog Mountain Road; acreage depth is 1368 feet; rear property line is 850 feet. A copy of said plat is attached hereto and made a part hereof. (Adopted 7/6/1992) 8. The following described property was annexed into the City of Hoschton upon the application of the sole owner, Damon C. Boyd, and said property is described more fully as follows: All that portion of a tract or parcel of land lying and being in the 1407th District, G.M., Jackson County, Georgia just outside of the incorporated limits of the City of Hoschton made up of two tracts, Tract No. 1 containing 12.45 acres, more or less; Tract No. 2 containing 25.70 acres, more or less, for a total of 38.15 acres, more or less, as shown by plat and survey of W.T. Dunahoo and Associates, Surveyors, dated December 28, 1971, said plat being recorded in the office of the Clerk of the Superior Court of Jackson County, Georgia, in Plat Book 7, page 164. Total acreage of land to be annexed into the incorporated limits of the City of Hoschton will be 7.5 acres. A copy of said plat is attached hereto and made a part hereof. (Adopted 12/7/1998) 9. ALL THAT TRACT OR PARCEL OF LAND lying and being in GMD l407, of Jackson County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin found on the northwesterly side of the 50 foot right-of-way of Hog Mountain Road, 32510.22 feet northeasterly, as measured along the-northwesterly side of the 50 foot right-of-way of Hog Mountain Road from the center line of Mulberry River, said Iron pin found being within a Georgia Power Company easement and be at the southeast corner of property conveyed by grantor herein to J. C. Buchanan by Warranty Deed dated May 8, 1984, as recorded in the deed records of Jackson County, Georgia; thence North 05 degrees 04 minutes West along the easterly line of said Buchanan property, 277 feet to an iron pin found; thence North 01 degrees 11 minutes 15 seconds West, and continuing along the easterly line of said Buchanan property, 287.62 feet to an iron pin found; thence North 04 degrees 23 minutes 39 seconds West, and continuing along the easterly line said Buchanan property, 741.47 feet to an iron pin found; thence North 04 degrees 45 minutes 35 seconds West, and continuing along the easterly line of said Buchanan property, 302.34 feet to an iron pin found; thence North

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00 degrees 43 minutes 24 seconds West and continuing along the easterly line of said Buchanan property, 755.70 feet to an iron pin found at a rock; thence South 82 degrees 25 minutes 17, seconds East, 289.25 feet to an iron pin at a creek; thence South 37 degrees 50 minutes 23 seconds West, 153.23 feet to an iron pin found; thence South 77 degrees 17 minutes 06 seconds East along the southwesterly line of property now or formerly belonging to the L. C. Alien estate, 304.05 feet to an iron pin at the northwest corner of-property conveyed by grantor herein to S. R. Vaughn and Terry Vaughn by Warranty Deed dated June 8, 1984, as recorded at Deed Book 8Q, Page 469, Jackson County, Georgia records; thence South 14 degrees 11 minutes 40 seconds East, along the southwesterly line of said Vaughn property, 1,286.04 feet to an iron pin on the northerly line of property now or formerly belonging to Hoyt Bell; thence South 58 degrees 29 minutes 48 seconds West along the northwesterly line of said Hoyt Bell property, 237.00 feet to an iron pin; thence South 27 degrees 12 minutes 14 seconds East along the southwesterly line of said Hoyt Bell property, 474.00 feet to an iron pin on the northwesterly side of the 50 foot right-of-way of Hog Mountain Road; thence in a southwesterly direction along the northwesterly side of the 50 foot right-of-way of Hog Mountain the following courses and distances: South 52 degrees 12 minutes 39 seconds West, 17.89 feet; South 50 degrees 15 minutes 17 seconds West, 98.96 feet; South 48 degrees 11 minutes 48 seconds West, 99.00 feet; South 49 degrees 27 minutes 22 seconds West, 65.77 feet; South 58 degrees 23 minutes 06 seconds West, 51.10 feet; South 65 degrees 47 minutes 54 seconds West, 43.03 feet; South 72 degrees 15 minutes 56 seconds West, 65.16 feet; South 74 degrees 53 minutes 53 seconds West, 167.18 feet; South 73 degrees 47 minutes 16 seconds West, 118.95 feet and South 74 degrees 03 minutes 37 seconds West, 65.52 feet to the pin found at the point of beginning, being 30.50 acres as shown on plat for Dr. Q. R. Pirkle, by Owen Patton, Registered Land Surveyor, dated 6/15/84. (Adopted 5/3/04) 10. The following described property was annexed into the City of Hoschton upon the application of the sole owner, Gary & Olsson Properties, and said property is described more fully as follows: ALL THAT TRACT OR PARCEL OF LAND lying and being GMD 1407, of Jackson County, Georgia; and being more particularly described as follows:
Beginning at an iron pin found on the northwesterly side of the 50 foot right-of-way of Hog Mountain Road, 3250.22 feet northeasterly, as measured along the northwesterly side of the 50 foot right-of-way of Hog Mountain Road from the center line of Mulberry River, said iron pin found being within a Georgia Power Company easement and being at the southeast corner of property conveyed by grantor herein to J.C. Buchanan by Warranty Deed dated May 8, 1884, as recorded in the deed records of Jackson County, Georgia; thence North 05 degrees 04 minutes West along the easterly line of said Buchanan property, 277.66 feet to an iron pin found; thence North 01 degrees 11 minutes 15 seconds West, and continuing along the easterly line of said

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Buchanan property, 287.62 feet to an iron pin found; thence North 04 degrees 23 minutes 39 seconds West, and continuing along the easterly line of said Buchanan property, 741.47 feet to an iron pin found; thence North 04 degrees 45 minutes 35 seconds West, and continuing along the easterly line of said Buchanan property, 302.34 feet to an iron pin found; thence North 00 degrees 43 minutes 24 seconds West and continuing along the easterly line of said Buchanan property, 755.70 feet to an iron pin found at a rock; thence South 82 degrees 25 minutes 17 seconds East, 289.25 feet to an iron pin at a creek; thence South 37 degrees 50 minutes 23 seconds West, 153.23 feet to an iron pin found; thence South 77 degrees 17 minutes 06 seconds East along the southwesterly line of property now or formerly belonging to the L.C. Allen estate, 304.05 feet to an iron pin at the northwest corner of property conveyed by grantor herein to S.R. Vaughn and Terry Vaughn by Warranty Deed dated June 8, 1984, as recorded at Deed Book 8Q, Page 469, Jackson County, Georgia, records; thence South 14 degrees 11 minutes 40 seconds East, along the southwesterly line of said Vaughn property, 1,286.04 feet to an iron pin on the northerly line of property now or formerly belonging to Hoyt Bell; thence South 58 degrees 29 minutes 48 seconds West along the northwesterly line of said Hoyt Bell property, 237.00 feet to an iron pin; thence South 27 degrees 12 minutes 14 seconds East along the southwesterly line of said Hoyt Bell property, 474.00 feet to an iron pin on the northwesterly side of the 50 foot right-of-way of Hog Mountain Road: thence in a southwesterly direction along the northwesterly side of the 50 foot right-of-way of Hog Mountain Road, the following courses and distances; South 52 degrees 12 minutes 39 seconds West, 17.89 feet; South 50 degrees 15 minutes 17 seconds West 98.96 feet; South 48 degrees 11 minutes 48 seconds West, 99.00 feet; South 49 degrees 27minutes 22 seconds West, 65.77 feet; South 58 degrees 23 minutes 06 seconds West, 51.10 feet; South 65 degrees 47 minutes 54 seconds West, 43.03 feet; South 72 degrees 15 minutes 56 seconds West, 65.16 feet; South 74 degrees 53 minutes 53 seconds West, 167.18 feet; South 73 degrees 47 minutes 16 seconds West, 118.95 feet; and South 74 degrees 03 minutes 37 seconds West, 65.52 feet to the iron pin found at the point beginning, being 30.50 acres as shown on plat for Dr. Q.R. Pirkle, by Owen Patton, Registered Land Surveyor, dated June 15, 1984. (Adopted 8/1/05) 11. The following described property was annexed into the City of Hoschton upon the application of the sole owner, Balata Development Corporation, and said property is described more fully as follows: ALL THAT TRACT OR PARCEL OF LAND lying and being in G.M.D. 1407 of Jackson County, Georgia and being more particularly described as follows: Commencing at a railroad spike found at the intersection formed by the centerline of Maddox Road (aka Cr. 171 E - 60' R/W) and the centerline of E.G. Barnett Road (aka CR #172 - 30' Easement); thence South 05 degrees 54 minutes 28 seconds West a distance of 37.90 feet to a point on the southerly right-of-way line of Maddox Road,

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said point being the POINT OF BEGINNING; thence following said southerly right-of-way line of Maddox Road North 57 degrees 27 minutes 56 seconds East a distance of 17.00 feet to a point in the centerline of E.G. Barnett Road; thence following the centerline of E.G. Barnett Road the following courses and distances: South 09 degrees 55 minutes 38 seconds West a distance of 87.77 feet to a point South 08 degrees 32 minutes 51 seconds West a distance of 42.45 feet to a point; South 00 degrees 13 minutes 53 seconds East a distance of 82.15 feet to a point; thence leaving said centerline and running South 73 degrees 50 minutes 52 seconds East a distance of 12.65 feet to a 1/2" open top pipe found; thence North 61 degrees 05 minutes 16 seconds East a distance of 338.66 feet to a 1/2" open top pipe found; thence North 78 degrees 51 minutes 32 seconds East a distance of 247.02 feet to a 1/2" open pipe found; thence North 02 degrees 12 minutes 15 seconds East a distance of 302.89 feet to a 1/2" open top pipe found on the southerly right-of-way line of Maddox Road; thence following said southerly right-of-way line of Maddox Road the following courses and distances: North 70 degrees 30 minutes 34 seconds East a distance of 59.56 feet to a point; North 80 degrees 59 minutes 05 seconds East a distance of 47.63 feet to a point; North 88 degrees 51 minutes 58 seconds East a distance of 34.83 feet to a point; South 83 degrees 06 minutes 02 seconds East a distance of 37.22 feet to a point; South 75 degrees 28 minutes 56 seconds East a distance of 56.83 feet to a point; South 71 degrees 58 minutes 55 seconds East a distance of 67.82 feet to a point; South 77 degrees 27 minutes 32 seconds East a distance of 50.79 feet to a point; South 85 degrees 25 minutes 52 seconds East a distance of 40.96 feet to a point; North 87 degrees 04 minutes 55 seconds East a distance of 33.95 feet to a point; North 79 degrees 13 minutes 07 seconds East a distance of 40.19 feet to a point; North 74 degrees 07 minutes 20 seconds East a distance of 36.07 feet to a point; North 71 degrees 19 minutes 13 seconds East a distance of 117.80 feet to a point; North 73 degrees 44 minutes 04 seconds East a distance of 50.27 feet to a point; North 77 degrees 42 minutes 32 seconds East a distance of 54.55 feet to a point; North 80 degrees 18 minutes 56 seconds East a distance of 60.79 feet to a point; North 82 degrees 14 minutes 45 seconds East a distance of 88.53 feet to a point; North 83 degrees 00 minutes 48 seconds East a distance of 363.52 feet to a point; North 83 degrees 22 minutes 25 seconds East a distance of 178.74 feet to a point; North 86 degrees 55 minutes 52 seconds East a distance of 50.08 feet to a point; South 87 degrees 59 minutes 43 seconds East a distance of 16.46 feet to an iron pin set; thence leaving said right-of-way line and running South 22 degrees 52 minutes 54 seconds West a distance of 468.90 feet to a 1/2" open top pipe found; thence South 71 degrees 01 minutes 37 seconds East a distance of 1,089.00 feet to a 1/2" open top pipe found; thence South 18 degrees 09 minutes 53 seconds West a distance of 693.00 feet to a 1/2" open pipe found; thence south 17 degrees 50 minutes 00 seconds West a distance of 370.50 feet to an oak stump; thence North 74 degrees 31 minutes 50 seconds West a distance of 658.16 feet to an

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

oak stump; thence North 72 degrees 35 minutes 58 seconds West a distance of 1,347.39 feet to a point in the centerline of EG. Barnett Road; thence North 72 degrees 35 minutes 58 seconds West a distance of 607.78 feet to a rock found; thence North 10 degrees 11 minutes 21 seconds West a distance of 395.85 feet to a 1/2" open top pipe found; thence North 11 degrees 03 minutes 18 seconds East a distance of 196.15 feet to the POINT OF BEGINNING. Said tract containing 69.338 acres of land. (Adopted 10/02/06) 12. The following area contiguous to the City of Hoschton, Georgia was annexed into and is made part of said city: Beginning at a point located at the intersection of the northeasterly right of way of GA Highway 53 with the northerly right of way of Jackson Trail Road, then proceeding a distance of 1973.06 feet on a heading of N 14d 23m 18s E to an iron pin and the true point of beginning; then going a distance of 538.67 feet on a heading of S 50d 56m 51s W to an iron pin, then going a distance of 743.01 feet on a heading of N 47d 03m 17s W to an iron pin, then going a distance of 105.00 feet on a heading of S 71d 26m 44s W to an iron pin, then going a distance of 507.21 feet on a heading of N 18d 33m 15s W to an iron pin, then going a distance of 12.00 feet on a heading of N 18d 33m 15s W to the centerline of a creek, then going a distance of 85.41 feet on a heading of S 77d 42m 18s E to a point in the center of the creek, then going a distance of180.96 feet on a heading of N 67d 07m 45s E to a point in the center of the creek, then going a distance of 92.54 feet on a heading of N 88d 55m 20s E to a point in the center of the creek, then going a distance of 114.84 feet on a heading of N 81d 30m 56s E to a point in the center of the creek, then going a distance of 105.60 feet on a heading of N 88d 19m 59s E to a point in the center of the creek, then going a distance of 102.94 feet on a heading of S 89d 24m 16s E to a point in the center of the creek, then going a distance of 86.82 feet on a heading of S 65d 56m 19s E to a point in the center of the creek, then going a distance of 37.12 feet on a heading of S 22d 14m 57s E to a point in the center of the creek, then going a distance of 57.28 feet on a heading of S 63d 19m 06s E to a point in the center of the creek, then going a distance of 30.41 feet on a heading of S 08d 09m 02's E to a point in the center of the creek, then going a distance of 50.25 feet on a heading of S 23d 19m 21s E to a point in the center of the creek, then going a distance of 228.25 feet on a heading of S 46d 25m 20s E to a point in the center of the creek, then going a distance of 87.10 feet on a heading of S 30d 12m 42s E to a point in the center of the creek, then going a distance of 61.85 feet on a heading of N 86d 25m 31s E to a point in the center of the creek, then going a distance of 65.00 feet on a heading of S 17d 36m 45s E to a point in the center of the creek, then going a distance of 23.85 feet on a heading of N 71d 32m 48s E to a point now or formerly marked by a poplar stump, then going a distance of 184.48 feet on a heading of S 18d 06m 50s E to an iron pin and the true point of beginning, as shown on a survey signed by Edwin R. Cowherd and dated September 19,

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1980, and entitled "Boundary Survey For City of Hoschton, Georgia Wastewater Treatment Site" and encompassing 14.95 acres. (Adopted 3/5/07)

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
The public is hereby notified that the City of Hoschton has requested that its local legislators introduce and support passage of a new municipal charter for the City of Hoschton, Georgia. The new charter will be introduced during the 2013 session of the Georgia Legislature. A copy is available for public review at City Hall during normal business hours.
The new charter replaces the existing charter; provides for corporate boundaries and powers; provides for a governmental structure; provides for handling administrative affairs; provides for a judicial branch; provides for election and removal of officials; provides for addressing the financial affairs of the City; provides for related matters; provides for an effective date; repeals conflicting laws; and is for other purposes.
This the 3rd day of December, 2012
Cindy George, City Clerk
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 The Jackson Herald which is the official organ of Jackson County on December 19, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ TOMMY BENTON Tommy Benton Representative, District 31
Sworn to and subscribed before me, this 4th day of February, 2013.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

CRISP COUNTY BOARD OF COMMISSIONERS; REDISTRICTING.

No. 42 (House Bill No. 220).

AN ACT

To amend an Act creating the Board of Commissioners of Crisp County, approved August 8, 1908 (Ga. L. 1908, p. 295), as amended, particularly by an Act approved April 23, 2002 (Ga. L. 2002, p. 4091), so as to change the descriptions of commissioner districts and posts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for continuation in office of current members until the expiration of the terms of office to which they were elected; to provide for other matters; 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 Crisp County, approved August 8, 1908 (Ga. L. 1908, p. 295), as amended, particularly by an Act approved April 23, 2002 (Ga. L. 2002, p. 4091), is amended by revising Section 1 as follows:

"SECTION 1. (a) For purposes of electing members of the Board of Commissioners of Crisp County, Crisp County is divided into two commissioner districts. The two commissioner districts 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: crispcc-2012 Plan Type: local Administrator: crisp User: bak'. Each of the two commissioner districts is divided into posts. Commissioner District 1 shall be divided into two posts, designated as Commissioner District 1-Post 1 and Commissioner District 1-Post 2. Commissioner District 2 shall be divided into three posts, designated as Commissioner District 2-Post 1, Commissioner District 2-Post 2, and Commissioner District 2-Post 3. Such posts shall be and correspond to those five numbered posts described in and attached to and made a part of this Act and further identified as 'Plan: crispcc-2012 Plan Type: local Administrator: crisp User: bak'. Commissioner District 1-Post 1 is identified in such plan as

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District D1-1, Commissioner District 1-Post 2 is identified in such plan as District D1-2, Commissioner District 2-Post 1 is identified in such plan as District D2-1, Commissioner District 2-Post 2 is identified in such plan as District D2-2, and Commissioner District 2-Post 3 is identified in such plan as District D2-3. (b) For the purposes of such plan, 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. Any part of Crisp County which is not included in any such district or post described in subsection (a) of this section shall be included within that district or post 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 Crisp County which is described in subsection (a) of this section as being included in a particular district or post shall nevertheless not be included within such district or post if such part is not contiguous to such district or post. Such noncontiguous part shall instead be included within that district or post contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. Except as otherwise provided in the description of any commissioner district or post, 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) Those members of the Board of Commissioners of Crisp County who are serving as such on December 31, 2013, 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 January 1, 2014, the Board of Commissioners of Crisp County shall consist of five members all of whom shall be elected from commissioner districts and posts described in subsection (a) of this section. Commissioner District 1-Post 1, Commissioner District 1-Post 2, Commissioner District 2-Post 1, Commissioner District 2-Post 2, and Commissioner District 2-Post 3 as they exist on December 31, 2013, shall continue to be designated as Commissioner District 1-Post 1, Commissioner District 1-Post 2, Commissioner District 2-Post 1, Commissioner District 2-Post 2, and Commissioner District 2-Post 3, respectively, but as newly described under this Act, and on and after January 1, 2014, such members of the board serving from those former commissioner districts and posts shall be deemed to be serving from and representing their respective districts and posts as newly described under this Act."

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2. The Board of Commissioners of Crisp 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 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: crispcc-2012 Plan Type: local Administrator: crisp User: bak

District D1-1 Crisp County VTD: 081CORDE - CORDELE 010100: 1054 1056 1057 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 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2050 2051 2052 2053 2054 2055 2062 2063 2064 2065 2066 2067 2068 2069 2070 2080 2081 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 010202: 1048 2005 2006 2010 2011 2012 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 2044 2045 2047 2048 2049 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 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

GEORGIA LAWS 2013 SESSION
3034 010300: 1048 1049 1050 1057 1058 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 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 010400: 3009 3010 3021 3022 3031 5004 5005 5006 5009 5010 5011 5020 5021 5022 5023 5024 5025 5034 5035 5043 5044 5045 5046 5047 5050
District D1-2 Crisp County VTD: 081CORDE - CORDELE 010201: 2017 2018 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 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3067 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 010400: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3023 3024 3025 3026 3027 3028 3029 3030 3032 3033 3034 3035 3036 4012 4014 4016 4019 4020 4021 4022 4023 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4056 4057 4058 4060 5007 5008
District D2-1 Crisp County VTD: 081CORDE - CORDELE 010100: 2029 2030 2049 2056 2057 2058 2059 2060 2061 2071 2072 2073 2074 2075 2076 2077 2078 2079 010201: 2000 2001 2002 2003 2004 3062 3063 3064 3065 3066

3583

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

010300: 1017 1018 1019 1020 1021 1022 1042 1043 1044 1045 1046 1047 1051 1052 1053 1054 1055 1056 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1088 1089 1090 1092 1093 3041 3042 3053 010400: 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 1053 1054 1055 1056 1057 1058 1059 1075 1076 1077 1078 1080 1081 1082 1083 1084 1085 1086 1087 1089 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 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4013 4015 4017 4018 4024 4025 4026 4027 4028 4029 4030 4054 4055 4059 4061 4062 5000 5001 5002 5003 5012 5013 5014 5015 5016 5017 5018 5019 5026 5027 5028 5029 5030 5031 5032 5033 5036 5037 5038 5039 5040 5041 5042 5048 5049 5051 5052 010500: 2006 2007 2008 2009 2010 2011 2012 2017

District D2-2 Crisp County VTD: 081ARABI - ARABI 010500: 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 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 1123 1126 1127 1129 1130 2018 2019 2020 2021 2022 2023 2035 2036 2037 2038 2039 2040 2064 VTD: 081CONEY - CONEY VTD: 081CORDE - CORDELE 010100: 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1052 1053 010201: 1000 1001 1020 2005 2006 2007 2008 2009 2010 2011 2012 2013

GEORGIA LAWS 2013 SESSION
2014 2015 2016 2024 2025 3042 3043 3044 3045 3046 4022 4023 4024 4025 4037 4038 4039 010202: 1000 1001 1002 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1045 1046 1047 1049 1050 1054 1058 1062 2000 2001 2002 2003 2004 2007 2008 2009 2015 2016 2017 2043 2046 2050 2063 VTD: 081JAMES - JAMESTOWN
District D2-3 Crisp County VTD: 081ARABI - ARABI 010300: 2095 2101 2102 2103 2104 2106 2107 2108 2109 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2127 2128 2129 010500: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1039 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 1121 1122 1124 1125 1128 2014 2015 2024 2025 2026 2027 2028 2031 2033 2034 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 VTD: 081CORDE - CORDELE 010100: 1009 1010 1011 1012 1013 1014 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1055 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1091 010300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1091 1094 1095 1096 2011 2061 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2082 2083 2123 2125 2126 2130 2131 010400: 1000 1001 1002 1047 1048 1049 1050 1051 1052 1060 1061 1062

3585

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1079 1088 1090 1091 2000 2001 2002 2003 2004 2005 010500: 2000 2001 2002 2003 2004 2005 2013 2016 2029 2030 2032 VTD: 081LISTO - LISTONIA

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Crisp County, approved August 8, 1908 (Ga. L. 1908, p. 295), as amended, so as to change the descriptions of commissioner districts and posts for the election of members of the board of commissioners; to provide for related matters; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Buddy Harden, 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 Cordele Dispatch which is the official organ of Crisp County on January 31, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BUDDY HARDEN Buddy Harden Representative, District 148

Sworn to and subscribed before me, this 4th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

GEORGIA LAWS 2013 SESSION

3587

CITY OF CONYERS REPEAL CERTAIN PROVISIONS REGARDING ELECTION AND TERMS OF OFFICE OF MAYOR AND COUNCIL.

No. 43 (Senate Bill No. 222).

AN ACT

To amend an Act creating a new charter for the City of Conyers, approved March 16, 1978 (Ga. L. 1978, p. 3868), as amended specifically by an Act approved March 20, 1990 (Ga. L. 1990, p. 4032), so as to repeal certain provisions relating to the election and terms of office of the mayor and councilmembers; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a new charter for the City of Conyers, approved March 16, 1978 (Ga. L. 1978, p. 3868), as amended specifically by an Act approved March 20, 1990 (Ga. L. 1990, p. 4032), is amended by striking in its entirety Section 4-102.1.

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 2013 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Conyers, approved March 16, 1978 (Ga. L. 1978, p. 3868), as amended, so as to repeal certain provisions relating to the election and terms of office of the mayor and council members; to provide for related matters; and for other purposes.
-s- Senator Ronald B. Ramsey, Sr. District 43
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ronald Ramsey, Sr., who on oath deposes and says that he is the Senator from District 43 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Citizen which is the official organ of Rockdale

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

County on January 31, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ RONALD RAMSEY, SR. Ronald Ramsey, Sr. Senator, District 43

Sworn to and subscribed before me, this 26th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

BANKS COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION.

No. 44 (House Bill No. 223).

AN ACT

To create a board of elections and registration for Banks County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created the Board of Elections and Registration of Banks County, hereinafter referred to as "the board." The board shall have the powers, duties, and responsibilities of the superintendent of elections of Banks County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as the same now exists or may hereafter be amended, which are currently being exercised by the judge of the Probate Court of Banks County, and the powers, duties, and responsibilities of the Board of Registrars of Banks County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as the same now exists or may hereafter be amended.

SECTION 2. The terms "election," "elector," "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; the term "commissioners" means the Board of Commissioners of Banks County; and the term "county" means Banks County.

SECTION 3. (a) The board shall be composed of a chairperson and four members who shall be appointed as provided in this section. (b) The initial members of the board shall be the current members of the Board of Registrars of Banks County. Transition to the board shall be facilitated by the current chief registrar serving as initial chairperson of the board and the current clerk of the registrars serving as the interim supervisor of elections. (c) The initial chairperson of the board shall serve a term of four years and until his or her successor is appointed and qualified. (d) The current clerk of the registrars shall serve a term of two years on the board and until his or her successor is appointed and qualified. (e) The third current member of the board of registrars shall serve a term of three years on the board and until his or her successor is appointed and qualified. (f) Terms of office for the two new appointments to the initial board shall be designated with three-year and two-year terms thereby creating staggered terms for the board. (g) Every two years the board shall appoint or re-appoint one of its members to serve as chairperson for a two-year term. (h) After the terms of the initial members as set forth in this section, all terms of the board shall be four years.

SECTION 4. (a) No person who holds elective public office or any member of his or her immediate family shall be eligible to serve as a member of the board during the term of such elective office. The position of any member of the board shall be deemed vacant upon such

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

member's, or a member of such member's immediate family, qualifying as a candidate for elective public office. Further, there shall be no members of the same immediate family serving on the board or on the staff of the board at the same time. (b) For the purpose of this section, immediate family members shall be defined as a spouse, mother, father, stepmother, stepfather, grandmother, grandfather, child, stepchild, brother, sister, stepbrother, stepsister, half brother, half sister, mother-in-law, father-in-law, brother-in-law, and sister-in-law. (c) Board members must be residents of Banks County and must have been registered to vote in Banks County for a period of at least two years prior to the date of appointment.

SECTION 5. (a) Except as otherwise provided in Section 4 of this Act regarding the initial board, appointments to the board shall be made by the chief judge of the Superior Court of Banks County. The board shall submit to the commissioners the names of a number of qualified electors, equal to twice the number of persons to be considered for appointment, no later than 30 days prior to the expiration of such members' term of office. The commissioners may add to or delete names from the list submitted by the board. If the commissioners add to the list of names for the appointment, the new names shall be certified as qualified electors by the board. If an individual is not a qualified elector, his or her name shall be removed from the list. Appointments from the names on the list by the chief judge are for four-year terms and until their successors are appointed and qualified. (b) The chief judge of the Superior Court of Banks County shall certify each appointment to the clerk of the superior court no later than 15 days preceding the date upon which each member is to take office, stating the name and residential address of the person appointed and certifying such member has been duly appointed as provided in this Act. (c) The clerk of the superior court shall record each of such certifications on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to members within the same time and in the same manner as provided by law for registrars.

SECTION 6. Each member of the board shall have the right to serve successive terms and to resign at any time by giving written notice of such resignation to the board and to the clerk of the superior court and shall be subject to removal from the board by the chief judge of the Superior Court of Banks County at any time for cause, after notice and hearing.

SECTION 7. In the event a vacancy occurs in the office of any appointed member before the expiration of his or her term, by removal, death, resignation, or otherwise, the chief judge of the Superior Court of Banks County shall appoint a successor from the prior list of names submitted under Section 5 of this Act to serve the remainder of the unexpired term as

GEORGIA LAWS 2013 SESSION

3591

provided for in Section 5 of this Act. The clerk of the superior court shall be notified of such interim appointments and record and certify such appointments in the same manner as the regular appointment of members. If there are not at least two qualified electors on the list last submitted to the chief judge, the process of furnishing the names of qualified electors to the chief judge as set forth in Section 5 of this Act shall be followed, and a new set of names shall be furnished to the chief judge to fill the vacancy on the board.

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

SECTION 9. (a) The board shall be authorized to organize itself, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate for the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. Decisions by the board shall be by a majority of the members of the board. (b) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold a minimum of quarterly meetings at times, dates, and places as determined by the board. Any specially called meeting shall be called by the chairperson or any two members of the board. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review.

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

SECTION 11. (a) The board shall be authorized to appoint an elections supervisor to generally supervise, direct, and facilitate the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The elections supervisor shall not be a member of the board or an election official. The elections supervisor shall be considered an employee and a department head of Banks County and shall be entitled to the same benefits as other employees of Banks County. (b) The board and the elections supervisor, subject to funding by the governing authority of the county, shall be authorized to employ such full-time and part-time employees as deemed necessary for the efficient conduct of elections, primaries, and registration of electors for the county. All such employees shall be considered to be employees of Banks County and shall be entitled to the same benefits as other employees of Banks County.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 12. Compensation for the members of the board, elections supervisor, clerical assistants, and other employees shall be fixed by the governing authority of the county, provided that the members of the board shall receive compensation in at least the amount provided in subsection (d) of Code Section 21-2-212 of the O.C.G.A. Such compensation shall be paid wholly from county funds.

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

SECTION 14. The local election officials of Banks County shall attend the training as required by Code Section 21-2-100 of the O.C.G.A., and the governing authority of Banks County shall pay the cost of such training.

SECTION 15. The board of commissioners of Banks County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 16. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or becomes law without such approval. Upon this Act becoming effective, the judge of the Probate Court of Banks County and the Board of Registrars of Banks 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 Banks County shall be abolished, but the members of the board of registrars shall become the initial members of the board of Banks County as provided in this Act.

SECTION 17. All laws and parts of laws in conflict with this Act are repealed.

GEORGIA LAWS 2013 SESSION

3593

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduce at the regular 2013 session of the General Assembly of Georgia a bill to create a board of elections and registration for Banks County and to provide for its powers and duties; and for other purposes.

By: Dan Gasaway Representative Dan Gasaway District 28

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dan Gasaway, 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 Banks County News which is the official organ of Banks County on January 30, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DAN GASAWAY Dan Gasaway Representative, District 28

Sworn to and subscribed before me, this 5th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

3594

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SCHLEY COUNTY BOARD OF COMMISSIONERS; REDISTRICTING.

No. 45 (Senate Bill No. 223).

AN ACT

To amend an Act providing for the election of the Board of Commissioners of Schley County, approved February 5, 1951 (Ga. L. 1951, p. 2229), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3817), 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 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 the Board of Commissioners of Schley County, approved February 5, 1951 (Ga. L. 1951, p. 2229), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3817), is amended by striking subsection (a) of Section 1 and inserting in its place a new subsection (a) to read as follows:
"(a)(1) For purposes of electing members of the board of commissioners, other than the chairperson, Schley 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: schleyccsb-2013 Plan Type: Local Administrator: Schley User: Gina'. The fifth member of the board shall be the chairperson and shall be elected at large from the entire county. Such position shall be designated as Commissioner District 5.
(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.

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(3) Any part of Schley County which is not included in any district described in paragraph (1) of this subsection 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 Schley County which is described in paragraph (1) of this subsection 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 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 existed immediately prior to the effective date of this Act, shall continue to be designated as Commissioner Districts 1, 2, 3, and 4, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members 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 Schley 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: schleyccsb-2013 Plan Type: Local Administrator: Schley User: Gina

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

District 001 Schley County VTD: 24901 - PRECINCT ONE 960100: 1010 1011 1012 1013 1014 1015 1016 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1029 1032 1035 1036 1037 1038 1039 1040 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 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 2091 2093 2097 2098 2099 2100 2101 2102 2115 2116 2117 2119 2120 2121 2122 2123 2124 2125 960200: 1030 1031 1032 1035 1036 1037 1039 1051 1052

District 002 Schley County VTD: 24901 - PRECINCT ONE 960100: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1049 1057 1058 1059 2034 2035 2036 2037 2038 2039 2040 2041 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 2094 2095 2096 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2118

District 003 Schley County VTD: 24901 - PRECINCT ONE 960100: 1000 1041 1042 1043 1045 1046 1047 1048 1060 960200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1022 1059 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 1146 1147 1148 1149 1150 1151 1153 1154 1155 1156 1157

GEORGIA LAWS 2013 SESSION
District 004 Schley County VTD: 24901 - PRECINCT ONE 960100: 1017 1028 1030 1031 1033 1034 1044 1050 1051 1052 1053 1054 1055 1056 960200: 1021 1023 1024 1025 1026 1027 1028 1029 1033 1034 1038 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1053 1054 1055 1056 1057 1058 1060 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 1152

3597

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act providing for the election of the Board of Commissioners of Schley County, approved February 5, 1951 (Ga. L. 1951, p. 2229), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3817), so as to change the description of the commissioner district; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the Federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws, and for other purposes.
Senator Ed Harbison
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ed Harbison, who on oath deposes and says that he is the Senator from District 15 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Journal which is the official organ of Schley County on February 6, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ED HARBISON Ed Harbison Senator, District 15

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 20th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

COFFEE COUNTY BOARD OF COMMISSIONERS; RE-ESTABLISH.

No. 46 (House Bill No. 224).

AN ACT

To reestablish the Board of Commissioners of Coffee County; to supersede the laws pertaining to the governing authority of Coffee County; to provide for the powers of the board of commissioners, the composition of the board of commissioners, election districts, qualifications of commissioners, terms of office for commissioners, filling vacancies, meetings, a quorum, the responsibilities of the chairperson, a vice chairperson, and the vice chairperson's responsibilities; to provide for oaths, bonds, budgets, audits, a county administrator, a clerk, minutes, and compensation and expenses of commissioners; to provide for submission for approval pursuant to the federal Voting Rights Act of 1965; to provide for severability; to provide for an effective date; to provide for the repeal of existing enabling legislation and other conflicting laws; to provide for related matters; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The laws pertaining to the governing authority of Coffee County shall be superseded by this Act to reestablish the Board of Commissioners of Coffee County as follows:

"SECTION 1. Board established.

The Board of Commissioners of Coffee County ('the board') which existed on January 1, 2013, is continued in existence as the governing authority of Coffee County but on and after July 1, 2013, shall be constituted as provided in this Act. The Board of

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Commissioners of Coffee County so continued and constituted shall continue to have the powers, duties, rights, obligations, and liabilities of that board as it existed immediately prior to January 1, 2013.

SECTION 2. Duties and responsibilities.

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

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(18) To appoint members of the Coffee County Board of Elections and Registration as provided by a separate Act to create a board of elections and registration for Coffee County and any amendments thereto; (19) To appoint and employ an emergency management director as determined necessary by the board and to provide for his or her compensation; (20) To appoint, select, and employ officers, agents, and employees and to fix their compensation unless hired by the county administrator; (21) To exercise all of the power and authority which is or may be vested in the board by the Constitution or laws of this state; and (22) To exercise all power and authority formerly vested in the board.

SECTION 3. Election of board members and districts established.

(a) Those members of the Board of Commissioners of Coffee County who are serving as such on December 31, 2012, and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. On and after the effective date of this Act, the Board of Commissioners of Coffee 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, Coffee 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: coffeeccsb-2012 Plan Type: local Administrator: coffee User: bak'. (c) When used in such attachment, the terms '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. Any part of Coffee 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. Any part of Coffee 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. Except as otherwise provided in the description of any commissioner district, whenever the description of such district

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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. (d) 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. (e) In order to be elected or appointed as a member of the board from a commissioner district, a person must have that person's legal residence in that district and, if elected, must receive the number of votes cast as required by general law for that office in that district only and not at large. Only electors who are residents of that commissioner district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected or appointed as 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. (f) The members of the reconstituted board shall be elected as provided in this subsection. The first members of the board elected under this Act shall be elected at the November 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 3 in November, 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 members of the board elected thereto from Commissioner Districts 2, 4, and 5 in November, 2016 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2020, 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. (g) 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.' (h) Commissioner Districts 1 through 5, as they existed on January 1, 2013, shall continue to be designated as Commissioner Districts 1 through 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 commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act.

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SECTION 4. Vacancies.

When a vacancy occurs on the board under the laws of this state and the unexpired term of office exceeds six months in duration, it shall be the duty of the election superintendent of the county to call a special election to elect a successor and fill the vacancy in not less than 30 nor more than 60 days. The election shall be held as provided by the Georgia Election Code, and the cost of the election shall be defrayed by proper county authorities. If the unexpired term to be filled is six months or less in duration in the case of the term of a board member, the chairperson shall nominate and the board shall approve a successor to fill the unexpired term, and in the case of the term of the chairperson, the remaining members of the board shall elect a successor to fill the unexpired term of the chairperson. Persons elected or appointed to fill a vacancy in office shall serve out the unexpired term and until a successor is elected and qualified.

SECTION 5. Meetings.

(a) The board shall hold a minimum of one regular meeting per month for the transaction of business as may legitimately come before it. The board may convene in special meetings on the call of the chairperson, as the business of the board may require. The board members may at any time convene a special meeting of the board upon call by any one of them as the business of the board may require, provided the chairperson is unable or fails to call such meeting upon request. (b) The chairperson and any two board members shall constitute a quorum. In the absence of the chairperson, three board members shall constitute a quorum. Unless expressed otherwise in any law, rule, or ordinance, a decision of the board may be made by majority vote of a quorum of the board. (c) The board shall cause minutes of its meetings to be kept in accordance with the laws of this state.

SECTION 6. Chairperson.

(a) The board shall elect one of the board members to serve as chairperson. The chairperson shall be the official head of the board. The chairperson shall serve for a term of one year from January 1 through December 31 of each year. (b) No person shall serve as chairperson or vice chairperson unless he or she has satisfactorily completed all annual training and education requirements. (c) The chairperson shall cause an agenda to be established for and preside at all meetings of the board unless absent. The chairperson shall have all the rights, powers, duties, and

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responsibilities of a member of the board, including the right and power to make motions and nominations and the right to vote on matters before the board. The chairperson may serve as a member of boards, commissions, and committees required by law or requested by the board and shall perform such other duties as may be required by law.

SECTION 7. Vice chairperson.

The board shall elect one of the board members to serve as vice chairperson in the same manner and for the same term as the chairperson. The vice chairperson shall cause an agenda to be established for and preside at all meetings at which the chairperson is absent. In such event, the vice chairperson shall retain all of his or her rights, duties, powers, and responsibilities as a member of the board of commissioners, including the right to make motions and to vote on matters before the board.

SECTION 8. Oath, surety bond, conflicts of interest.

(a) Before entering upon the discharge of their duties, the chairperson and other board members shall subscribe to an oath for the true and faithful performance of their duties and that they are not the holders of any unaccounted for public funds. (b) The chairperson shall give a satisfactory surety bond, as determined by the judge of the Probate Court of Coffee County, and payable to the judge of the Probate Court of Coffee County and filed in the office of the judge of the Probate Court of Coffee County, in the sum of $50,000.00, conditioned upon the faithful performance of the duties of the office. Each board member shall give like bond in the sum of $25,000.00. The costs of such bonds shall be paid from county funds. (c) No county official or employee shall employ an immediate family member in a position that is directly supervised by him or her. As used in this subsection, the term 'immediate family member' means a spouse, child, sibling, or parent or the spouse of a child, sibling, or parent.

SECTION 9. County budget and audits.

(a) The board shall adopt and operate under annual budgets in accordance with the laws of this state. (b) The board shall provide for and cause to be made annual audits in accordance with the laws of this state.

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SECTION 10. County administrator.

(a) The board shall create in and for Coffee County the office of county administrator and vest in such office powers, duties, and responsibilities of an administrative nature in accordance with the laws of this state. The county administrator shall be the chief executive officer of Coffee County and shall be responsible to the board for the proper and efficient administration of all affairs of the county, except as otherwise provided by law. It shall be the duty of the county administrator to:
(1) See that all laws and ordinances of the county are enforced; (2) Exercise control over all departments or divisions of the county which the board has exercised prior to the effective date of this Act or that may be created, except as otherwise provided in this Act; (3) Keep the board fully advised as to the financial condition and needs of the county; (4) Supervise and direct the official conduct of all appointed county officers and department heads, except as may be otherwise provided in this Act; (5) Establish and alter the internal organization of the county government after consultation with the board; (6) Attend all meetings of the board with the right to take part in the discussions, provided that the county administrator shall have no vote on any matter or issue before the board; (7) Supervise the performance of all contracts made by any person for work done for Coffee County and supervise and regulate all purchases of materials and supplies for Coffee County within such limitations and under such rules, regulations, and delegations of authority as may be imposed by the board in the county purchasing ordinance, by resolution, or by contract; (8) Confer with and advise all other elected or appointed officials of Coffee County who are not under the immediate control of the board but who receive financial support from the board; (9) Exercise the authority to countersign with the chairperson or, in his or her absence, the vice chairperson, all payroll checks for employees of Coffee County and such other financial instruments as the board may by resolution delegate to the county administrator; and (10) Perform such other duties as may be required of him or her by the board. (b) The county administrator shall have authority to appoint and fix the compensation of the appointed officers and employees of Coffee County subject to the following limitations and requirements: (1) The person appointed as an officer or employee shall have the qualifications necessary for the office or position; and (2) The compensation fixed by the county administrator shall be within the approved county budget.

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(c) The county administrator shall have authority to appoint a deputy or other assistants and department directors and execute employment agreements with them in his or her discretion in accordance with guidelines set by the board and subject to the approval of the county attorney. (d) The county administrator shall have authority to discharge any employee consistent with merit system rules and regulations, if applicable, and authority to discharge the deputy county administrator or any department director following consultation with the board and the county attorney. (e) The provisions of this section shall not apply to:
(1) The county attorney, retained legal counsel, and the external county auditor; provided, however, that the county administrator may fix the compensation of the county attorney in consultation with the board; (2) Members of boards, commissions, and authorities, and positions of employment in connection therewith, when such boards, commissions, and authorities were created by state law or appointed by the board; or (3) Elected county officers of Coffee County and employees under their supervision and control; provided, however, that the board by majority vote may approve or reject the salary recommended for each such employee. (f) The county administrator, before entering upon the discharge of his or her duties, shall execute a bond with a solvent surety company licensed to do business in the county in an amount to be approved by the board but no less than $100,000.00 payable to the county conditioned on the faithful performance of his or her duties and to secure against corruption, malfeasance, misappropriations, or unlawful expenditures. The premium on said bond shall be paid by the county. The bond shall be delivered to the board within five days of the county administrator's assuming his or her duties and, upon receipt, shall be filed by the county clerk with the Probate Court of Coffee County. (g) Before entering upon his or her duties, the county administrator shall take and subscribe an oath administered by the judge of the probate court for the faithful performance of his or her duties under this Act which shall be duly entered upon the minutes of the board. (h) The county administrator shall not engage in or be concerned with local partisan politics or any local political campaign. The county administrator shall not contribute to any local campaign fund or solicit funds for local political purposes from any other person. He or she shall not be eligible for election as a member of the board of commissioners of the county for a period of one year after termination of his or her service as county administrator.

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SECTION 11. County clerk.

The board shall appoint a clerk in and for Coffee County consistent with the laws of this state. The clerk shall be a resident of Coffee County. Before entering upon the discharge of his or her duties, the clerk shall give a satisfactory surety bond, as determined by the judge of the Probate Court of Coffee County, and payable to the judge of the Probate Court of Coffee County and filed in the office of the judge of the Probate Court of Coffee County, in the sum of $50,000.00, conditioned upon the faithful performance of his or her duties as clerk and to account for any and all funds, property, or effects which may come into his or her hands as clerk or otherwise. The costs of such bond shall be paid from county funds.

SECTION 12. Salaries, compensation, and expenses.

Salaries, compensation, expenses, and expenses in the nature of compensation to which members of the board serving on the effective date of this Act are currently entitled shall continue in full force and effect. Salaries, compensation, expenses, and expenses in the nature of compensation to which members of the board are thereafter entitled shall be fixed pursuant to the laws of this state."

SECTION 2. 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; 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 the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.

SECTION 4. In the event any provision of this Act is unconstitutional or cannot be implemented under federal law, the remaining provisions of this Act shall remain valid and of full force and effect.

SECTION 5. The Act establishing the office of Commissioner of Roads and Revenues in the County of Coffee, approved March 26, 1937 (Ga. L. 1937, p. 1294), and all amendments thereto, and

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any Act establishing the Board of Commissioners of Coffee County prior to 1937, and all amendments thereto, and an Act Replacing the Office of Commissioner, approved February 21, 1951 (Ga. L. 1951, p. 1294) and all amendments thereto, and all other laws and parts of laws in conflict with this Act are repealed.

Notice is given that there will be introduced in the regular 2013 session of the General Assembly of Georgia a bill to reestablish the Board of Commissioners of Coffee County; to supersede the laws pertaining to the governing authority of Coffee County; to provide for related matters; 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 The Douglas Enterprise which is the official organ of Coffee County on January 13, 2013, 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 5th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

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ATHENS-CLARKE COUNTY CHIEF MAGISTRATE; NONPARTISAN ELECTION.

No. 47 (House Bill No. 252).

AN ACT

To provide that future elections for the office of chief magistrate judge of the magistrate court of Athens-Clarke County shall be nonpartisan elections held at the time of certain general primary elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. All elections for the office of chief magistrate judge of the magistrate court of Athens-Clarke County conducted after the effective date of this Act shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. and shall be conducted at the general primary election immediately preceding the expiration of the term of such respective office. 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 chief magistrate judge of the magistrate court of Athens-Clarke County in office on the effective date of this Act. The sitting chief magistrate shall serve out the term of office for which such chief magistrate judge was elected and shall be eligible to succeed himself or herself as provided in this Act.

SECTION 3. The governing authority of Athens-Clarke County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, not later than 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

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

SECTION 5. 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 2013 session of the General Assembly of Georgia a bill to provide that future elections for the office of chief magistrate judge of of the magistrate court of Athens-Clarke County shall be nonpartisan elections held at the time of certain general primary elections; to provide for submission of this Act 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, Regina Quick, who on oath deposes and says that she is the Representative from District 117 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Athens Banner Herald which is the official organ of Athens-Clarke County on January 25, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ REGINA QUICK Regina Quick Representative, District 117

Sworn to and subscribed before me, this 7th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

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ATHENS-CLARKE COUNTY JUDGE OF PROBATE COURT; NONPARTISAN ELECTION.

No. 48 (House Bill No. 253).

AN ACT

To provide that future elections for the office of probate judge of Athens-Clarke County shall be nonpartisan elections held at the time of certain general primary elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. All elections for the office of probate judge of Athens-Clarke County conducted after the effective date of this Act shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. and shall be conducted at the general primary election immediately preceding the expiration of the term of such respective office. 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 probate judge of Athens-Clarke County in office on the effective date of this Act. The sitting probate judge shall serve out the term of office for which such probate judge was elected and shall be eligible to succeed himself or herself as provided in this Act.

SECTION 3. The governing authority of Athens-Clarke County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, not later than 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

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

SECTION 5. 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 2013 session of the General Assembly of Georgia a bill to provide that future elections for the office of probate judge of Athens-Clarke County shall be nonpartisan elections held at the time of certain general primary elections; to provide for submission of this Act 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, Regina Quick, who on oath deposes and says that she is the Representative from District 117 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Athens Banner Herald which is the official organ of Athens-Clarke County on January 25, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ REGINA QUICK Regina Quick Representative, District 117

Sworn to and subscribed before me, this 7th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

CITY OF CARLTON NEW CHARTER.

No. 49 (Senate Bill No. 253).

AN ACT

To provide a new charter for the City of Carlton; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers,

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duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.

This city and the inhabitants thereof are 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 Carlton" 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 Carlton, Georgia." Photographic, typed, or other copies of such map or description

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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. (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

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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 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 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. (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

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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. (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.

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(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 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

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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. (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.

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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 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.

No person shall be eligible to serve as mayor or council member unless he or she shall have been a resident of the city for 12 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, missing two regular meetings in three months or 25 percent of regular meetings in one calendar year, 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 5.15 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. (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 subsection (b) of this section.

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SECTION 2.13. Compensation and Expenses.

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The mayor and council members shall receive compensation and expenses for their services as provided by ordinance; however, compensation shall be paid only for meetings attended.

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 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, 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 herself or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm or corporation which 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

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

SECTION 2.15. Inquiries and Investigations.

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

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SECTION 2.16. General Power and Authority of the City Council.

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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.

SECTION 2.18. Organizational Meeting.

The city council shall hold an organizational meeting at its first regular meeting in January 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 that I will well and truly demean myself as (mayor) (council member) of the City of Carlton for the ensuing term, that I will faithfully enforce the charter and ordinances of the city to the best of my skill and ability, without fear or favor, so help me God." Newly elected members' terms shall begin immediately after they are sworn in and they shall hold office until their successors are sworn in.

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

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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 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 chairpersons 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 or her 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.

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SECTION 2.22. Ordinance Form; Procedures.

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(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 Carlton 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.

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 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

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with Code Section 50-14-1 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted.

SECTION 2.25. Codes of Technical Regulations.

(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of Section 2.22(b) for distribution and filing of copies of the ordinance shall be construed to include copies of any code of 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 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 Carlton, 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.

GEORGIA LAWS 2013 SESSION
SECTION 2.27. Election of Mayor; Forfeiture; Compensation.

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The mayor shall be elected and serve for a term of four years and until his or her successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for 12 months immediately preceding his or her election. The mayor shall continue to reside in this city during the period of his or her service. The mayor shall forfeit his or her office on the same grounds and under the same procedure as for 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.

SECTION 2.29. Powers and Duties of Mayor.

As the chief executive of this city, the mayor shall: (a) See that all laws and ordinances of the city are faithfully executed; (b) Appoint and remove, for cause, 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 or she may deem expedient; (j) Approve or disapprove ordinances as provided in Section 2.30; (k) Require any department or agency of the city to submit written reports whenever he or she deems it expedient;

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(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 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 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 or her reasons for his or her veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting. If the city council then or at its next 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 in this section. The reduced part or parts shall be presented to the city council as though disapproved and shall become law unless overridden by the council as provided in subsection (c) of this section.

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 the 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.

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ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and Service Departments.

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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. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his or her department or agency. (e) All 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.

SECTION 3.11. Boards, Commissions and Authorities.

(a) The city council shall create by ordinance such boards, commissions and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the city council deems necessary, and shall by ordinance establish the composition, period of existence, duties and powers thereof. (b) All members of boards, commissions and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission or authority of the city shall be filled for the unexpired term in the manner prescribed in this section for original appointment, except as otherwise provided by this charter or by law.

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(f) No member of a board, commission or authority shall assume office until he or she has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at-will and may be removed at any time by a 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 perform such other duties as may be required of him or her by virtue of his or 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-Treasurer.

The city council shall appoint a city clerk-treasurer who shall not be a council member. The city clerk-treasurer shall be custodian of the official city seal and city records; be responsible for the general duties of a treasurer and fiscal officer; maintain city council records required by this charter; 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 enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city; and perform such other duties as may be required by the city council.

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SECTION 3.14. Personnel Policies.

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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:
(1) The method of employee selection, promotion and transfer; (2) Hours of work, vacation, sick leave, and other leaves of absence, and overtime pay; and (3) 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 Carlton.

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 he or she 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 or she will honestly and faithfully discharge the duties of his or her office to the best of his or her ability and without fear, favor or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20.

SECTION 4.12. Convening.

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

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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 $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 or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.

GEORGIA LAWS 2013 SESSION
SECTION 4.14. Certiorari.

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

SECTION 4.15. Rules for Court.

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

ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of General Law.

All primaries and elections shall be held and conducted in accordance with the Georgia Election Code, Chapter 2 of Title 21 of the Official Code of Georgia Annotated, as now or hereafter amended.

SECTION 5.11. Election Districts.

The City of Carlton 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 or she seeks election.

SECTION 5.12. Election of the Mayor and City Council.

(a) There shall be a municipal general election biennially on the Tuesday next following the first Monday in November.

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(b) The mayor and council members 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. The five council members' positions shall be designated Posts 1, 2, 3, 4, and 5, and each candidate shall designate the post for which he or she seeks election at the time of qualifying. The mayor and council members from Posts 1 and 2 elected at the 2013 general election shall take office on the first day of January, 2014, and shall serve terms of four years. The council members from Posts 3, 4, and 5 elected at the 2013 general election shall take office on the first day of January, 2014, and shall serve terms of two years. Thereafter, the mayor and council members shall be elected at the general election immediately prior to the expiration of their terms of office and shall serve terms of four years, and until their successors are duly elected and qualified.

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.

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.

GEORGIA LAWS 2013 SESSION
SECTION 5.16. Other Provisions.

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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, Chapter 2 of Title 21 of the Official Code of Georgia Annotated.

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 following causes provided in Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted:
(1) By the death of the incumbent; (2) By resignation, when accepted; (3) By decision of a competent tribunal declaring the office vacant; (4) By voluntary act or misfortune of the incumbent whereby he or she is placed in any of the specified conditions of ineligibility to office; (5) By the incumbent ceasing to be a resident of the state or of the county, circuit, or district for which he or she was elected; (6) By failing to apply for and obtain commissions or certificates or by failing to qualify or give bond, or both, within the time prescribed by the laws and Constitution of Georgia; or (7) By abandoning the office or ceasing to perform its duties, or both. (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 provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Madison County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By a petition of recall by the electors of the City of Carlton, as provided by the laws of the State of Georgia.

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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, 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.

GEORGIA LAWS 2013 SESSION
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, 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 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 from 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.

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SECTION 6.17. Construction; Other Taxes.

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

SECTION 6.18. Collection of Delinquent Taxes and Fees.

The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.fa.'s; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city licenses for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.

SECTION 6.19. General Obligation Bonds.

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

SECTION 6.20. Revenue Bonds.

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

SECTION 6.21. Short-Term Loans.

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

GEORGIA LAWS 2013 SESSION
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 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 improvements 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 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.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.26. Action by City Council on Budget.

(a) The city council may amend the operating budget proposed by the mayor, except that the budget 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 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.

GEORGIA LAWS 2013 SESSION
SECTION 6.29. Capital Improvements Budget.

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(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 or 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 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 improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his or 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: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney, and as a matter of course, it is signed by him or her 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 journal of proceedings pursuant to Section 2.20.

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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 of City Property.

(a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor 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.

GEORGIA LAWS 2013 SESSION
SECTION 7.11. Prior Ordinances.

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

SECTION 7.12. Pending Matters.

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

SECTION 7.13. Construction.

(a) Section captions in this charter are informative only and are not 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. Repealer.

An Act to establish a new charter for the City of Carlton, approved February 18, 1955 incorporating the City of Carlton (Ga. L. 1988, p. 20), 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.

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SECTION 7.16. Effective Date.

This charter shall become effective July 1, 2013.

SECTION 7.17. 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 2013 session of the General Assembly of Georgia a bill to provide a new charter for the city of Carlton; and for other purposes.
Senetor Frank Ginn District 47
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank Ginn, who on oath deposes and says that he is the Senator from District 47 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Madison County Journal which is the official organ of Madison County on March 7, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ FRANK GINN Frank Ginn Senator, District 47
Sworn to and subscribed before me, this 13th day of March, 2013.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

GEORGIA LAWS 2013 SESSION

Approved April 24, 2013.

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3643

CITY OF ARLINGTON DUTIES OF MAYOR; ADMINISTRATIVE DEPARTMENTS AND OFFICES; REPEAL PROVISIONS REGARDING CITY MANAGER.

No. 50 (House Bill No. 278).

AN ACT

To amend an Act reincorporating the City of Arlington in the County of Calhoun and Early, State of Georgia, approved April 10, 1971 (Ga. L. 1971, p. 3885), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3622), and an Act approved March 28, 2011 (Ga. L. 2011, p. 3525), so as to provide for duties of the mayor; to provide for administrative departments and officers thereof; to repeal provisions relating to the appointment, qualifications, powers and duties, and compensation of a city manager; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act reincorporating the City of Arlington in the County of Calhoun and Early, State of Georgia, approved April 10, 1971 (Ga. L. 1971, p. 3885), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3622), and an Act approved March 28, 2011 (Ga. L. 2011, p. 3525), is amended by revising Sections 2.28 and 2.29 as follows:

"SECTION 2.28. 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 power granted to the city under the Constitution and laws of the State of Georgia, and all the executive powers contained in this charter.

SECTION 2.29. Powers and duties of mayor.

As the chief executive officer of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed;

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

SECTION 2. Said Act is further amended by revising subsections (d) and (e) of Section 3.10 as follows:
"(d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointed officers, directors, and department heads under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointed officers, directors, and department heads shall be employees at will and subject to removal or suspension at any time by the mayor unless otherwise provided by law or ordinance."

SECTION 3. Said Act is further amended by repealing Sections 3.12 through 3.14 and by redesignating Sections 3.15 through 3.17 as Sections 3.12 through 3.14, respectively.

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

GEORGIA LAWS 2013 SESSION

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act reincorporating the City of Arlington in the County of Calhoun and Early, State of Georgia, approved April 10, 1971 (Ga. L. 1971, p. 3885), as amended; and for other purposes.

Representative Gerald Greene

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 151 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Citizen's Time which is the official organ of Calhoun County on February 6, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GERALD GREENE Gerald Greene Representative, District 151

Sworn to and subscribed before me, this 8th day of February 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

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CITY OF NELSON POWERS AND DUTIES OF MAYOR; POWERS OF CITY COUNCIL REGARDING CITY EMPLOYEES.

No. 51 (Senate Bill No. 238).

AN ACT

To amend an Act creating a new charter for the City of Nelson, approved April 7, 1992 (Ga. L. 1992, p. 5615), as amended, so as to revise certain provisions relating to the powers and duties of the mayor; to add powers of the city council regarding city employees; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a new charter for the City of Nelson, approved April 7, 1992 (Ga. L. 1992, p. 5615), as amended, is amended by striking in its entirety Section 3.22 and replacing it with a new Section 3.22 to read as follows:

"SECTION 3.22. 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 city 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; (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 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."

GEORGIA LAWS 2013 SESSION

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SECTION 2. Said Act is further amended by striking in its entirety Section 3.23 and replacing it with a new Section 3.23 to read as follows:

"SECTION 3.23. In addition to the powers and duties 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."

SECTION 3. Said Act is further amended by striking in its entirety Section 4.10 and replacing it with a new Section 4.10 to read as follows:

"SECTION 4.10. Department heads. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of 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 officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city council, be responsible for the administration and direction of the affairs and operations of his department or agency."

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 2013 session of the General Assembly of Georgia a bill to amend an Act creating new charter for the City of Nelson, approved April 7, 1992 (Ga. L. 1992, p. 5615). as amended; 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, Barry Loudermilk, 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 Pickens County Progress which is the official organ of Pickens County on February 21, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BARRY LOUDERMILK Barry Loudermilk Senator, District 14

Sworn to and subscribed before me, this 25th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

CITY OF HOLLY SPRINGS CITY COUNCIL; MANNER OF ELECTION.

No. 52 (Senate Bill No. 249).

AN ACT

To amend an Act creating a new charter for the City of Holly Springs, approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, particularly by that Act approved April 13, 2001 (Ga. L. 2001, p. 3679), so as to provide for the election of councilmembers from wards; to provide that such officers shall be elected by plurality vote of the electors of the city at large; 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:

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

"SECTION 5.02. (a) The two councilmembers elected in November, 2014, shall serve in office until December 31, 2018, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November, 2018, and quadrennially thereafter, the successors to such two councilmembers shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified and shall take office on the first day of January immediately following their election. Such offices shall be designated Wards 3 and 5, and each candidate shall, at the time of qualifying, designate to which ward he or she is seeking election. Such persons shall be elected by plurality vote of the electors of the city at large. (b) The mayor and three councilmembers elected in November, 2013, whose terms normally expire on December 31, 2017, shall serve in office until December 31, 2017, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November, 2017, and quadrennially thereafter, the successors to such mayor and three councilmembers shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified and shall take office on the first day of January immediately following their election. Such offices shall be designated Wards 1, 2, and 4, and each candidate shall, at the time of qualifying, designate to which ward he or she is seeking election. Such persons shall be elected by plurality vote of the electors of the city at large."

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly to Georgia a bill to amend an Act creating a new charter for the City of Holly Springs, approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, particularly by an

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Act approved April 13, 2001 (Ga. L. 2001, p. 3679), so as to provide that the election cycle of Post 4 be amended; 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.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Brandon Beach, 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 Tribune which is the official organ of Cherokee County on January 19, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BRANDON BEACH Brandon Beach Senator, District 21

Sworn to and subscribed before me, this 7th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

BIBB COUNTY CORONER; JUDGE OF CIVIL COURT OF BIBB COUNTY; CHIEF MAGISTRATE; JUDGE OF PROBATE COURT; NONPARTISAN ELECTIONS.

No. 53 (Senate Bill No. 26).

AN ACT

To provide that future elections for the office of coroner of Bibb County shall be nonpartisan elections; to amend an Act creating the Civil Court of Bibb County, approved March 3, 1955 (Ga. L. 1955, p. 2552), as amended, so as to provide for the nonpartisan election of the judge of said court; to provide that future elections for the office of chief magistrate judge of the

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Magistrate Court of Bibb County shall be nonpartisan elections; to provide that future elections for the office of probate judge of Bibb County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I Coroner of Bibb County.
SECTION 1.

All elections for the office of coroner of Bibb 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 on the election date provided for by said Code section 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 coroner of Bibb County in office on January 1, 2013. The sitting coroner 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.

ARTICLE II Judges of Civil Court of Bibb County.
SECTION 3.

An Act creating the Civil Court of Bibb County, approved March 3, 1955 (Ga. L. 1955, p. 2552), as amended, is amended by revising Section 4 as follows:

"SECTION 4. Judge. Term, oath. Be it further enacted by the authority aforesaid, that there shall be a Judge of said Civil Court of Bibb County whose term of office shall be four years, and who shall be elected by the qualified voters of Bibb County quadrennially in nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. The Judge of said Civil Court of Bibb County shall be commissioned by the Governor, and before entering upon the duties of such office shall take the same oath required by law of the judges of the superior court. Nothing in this section shall affect the term of office of the Judge of the Civil Court of Bibb County in office on January 1, 2013. Such sitting judge of the Civil Court of Bibb County 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
ARTICLE III Judge of Magistrate Court of Bibb County.
SECTION 4.

All elections for the office of chief magistrate judge of the Magistrate Court of Bibb 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 on the election date provided for by said Code section 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 5. Nothing in this Act shall affect the term of office of the chief magistrate judge of the Magistrate Court of Bibb County in office on January 1, 2013. The sitting chief magistrate judge of the magistrate 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.

ARTICLE IV Judge of Probate Court of Bibb County.
SECTION 6.

All elections for the office of probate judge of Bibb County conducted after the effective date of this Act shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. and shall be held on the election date provided for by said Code section immediately preceding the expiration of the term of such respective office. 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 7. Nothing in this Act shall affect the term of office of the probate judge of Bibb County in office on the effective date of this Act. The sitting probate judge shall serve out the term of office for which such probate judge was elected and shall be eligible to succeed himself or herself as provided in this Act.

ARTICLE V Voting Rights Act.
SECTION 8.

The governing authority of Bibb 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

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appropriate court no later than 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

ARTICLE VI Repealer.
SECTION 9.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to provide that future elections for the office of coroner of Bibb County shall be nonpartisan elections to provide for submission of this Act under the federal Voting Rights Act of 1965 as amended and for other purposes.
/s/ 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 The Telegraph which is the official organ of Bibb County on December 6, 2012, 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 11th day of January, 2013.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)
Approved April 24, 2013.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GREENE COUNTY PARTICIPATION BY FORMER OFFICIALS IN COUNTY HEALTH INSURANCE PROGRAM.

No. 54 (House Bill No. 64).

AN ACT

To amend an Act to provide that certain officials of Greene County who have served at least 15 years in office may, upon leaving, continue to participate in the county health insurance program for themselves and their dependents by paying the total cost of such participation, approved May 16, 2007 (Ga. L. 2007, p. 3664), so as to clarify the qualifications for participation in such health insurance program; to remove the coroner from eligibility to participate in such health insurance program; to prohibit persons who are separated from the county by their commission of an illegal act from participating in such health insurance program; to provide for related maters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide that certain officials of Greene County who have served at least 15 years in office may, upon leaving, continue to participate in the county health insurance program for themselves and their dependents by paying the total cost of such participation, approved May 16, 2007 (Ga. L. 2007, p. 3664), is amended by revising Section 1 of the Act as follows:

"SECTION 1. Members of the Board of Commissioners of Greene County; the Clerk of the Superior Court of Greene County; the Judge of the Probate Court of Greene County; the Sheriff of Greene County; the Tax Receiver, Tax Collector, and Tax Commissioner of Greene County; the Chief Magistrate of Greene County; and all full-time officers and employees of Greene County shall be entitled after leaving office or employment to participate in and be covered by the health insurance plan provided by the county for county officers and employees, provided that such officer or employee shall have served at least 15 years in office or employment and provided, further, that he or she pays the total costs of such participation including both the employee and employer premiums associated with such participation and provided, further, that his or her separation from service with the county was not caused by his or her commission of an illegal act."

SECTION 2. All laws and part 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 2013 session of the General Assembly of Georgia a bill to amend an Act to provide that certain officials of Greene County who have served at least 15 years in office may, upon leaving, continue to participate in the county health insurance program for themselves and their dependents by paying the total cost of such participation, approved May 16, 2007 (Ga. L. 2007, p. 3664), so as to clarify the qualifications for participation in such health insurance program; to remove the coroner from eligibility to participate in such health insurance program; to prohibit persons who are separated from the county by their commission of an illegal act from participating in such health insurance program; to provide for related matters; to repeal conflicting laws; and for other purposes.

Board of Commissioners Greene County, Georgia

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

s/ MICKEY CHANNELL Mickey Channell Representative, District 120

Sworn to and subscribed before me, this 14th day of January 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
PUTNAM COUNTY STATE COURT; JUDGE AND SOLICITOR-GENERAL; COMPENSATION.

No. 55 (House Bill No. 86).

AN ACT

To amend an Act to provide for compensation for the judge of the State Court of Putnam County, the solicitor of the State Court of Putnam County, and the clerk of the State Court of Putnam County, approved April 1, 1996 (Ga. L. 1996, p. 3721), so as to change the compensation for the judge of the State Court of Putnam County and the solicitor-general of the State Court of Putnam County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide for compensation for the judge of the State Court of Putnam County, the solicitor of the State Court of Putnam County, and the clerk of the State Court of Putnam County, approved April 1, 1996 (Ga. L. 1996, p. 3721), is amended by revising subsections (a) and (b) of Section 1 as follows:
"(a) The judge of the State Court of Putnam County shall be a part-time judge within the meaning of Chapter 7 of Title 15 of the O.C.G.A. and shall be paid an annual salary of $54,000.00. Health insurance, retirement, and deferred compensation benefits currently in place on the effective date of this section and being paid to such state court judge shall remain in place. Such salary, which may also be supplemented by the governing authority of Putnam County, shall be payable out of the funds of Putnam County at the same intervals as installments are paid to other county employees. This amount of compensation shall be increased by multiplying such amount by the percentage which equals five times the number of completed four-year terms of office served by any judge following December 31, 2008, effective the first day of January following the completion of each such period of service. (b) The solicitor-general of the State Court of Putnam County shall be a part-time solicitor-general within the meaning of Chapter 18 of Title 15 of the O.C.G.A. and shall be paid an annual salary of $54,000.00. Health insurance, retirement, and deferred compensation benefits currently in place on the effective date of this section and being paid to the solicitor-general shall remain in place. Such salary, which may also be supplemented by the governing authority of Putnam County, shall be payable out of the funds of Putnam County at the same intervals as installments are paid to other county employees. The salary of the solicitor-general shall be an expense of such court and payable out of the county treasury as such. This amount of compensation shall be

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increased by multiplying such amount by the percentage which equals five times the number of completed four-year terms of office served by any solicitor-general following December 31, 2008, effective the first day of January following the completion of each such period of service."

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to change the compensation of the Judge and Solicitor General of the State Court of Putnam County; to provide for related matters; and for other purposes.
This 17th day of December, 2012
Putnam County Board of Commissioners
Representative Mickey Channell District 116
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 120 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 December 20, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MICKEY CHANNELL Mickey Channell Representative, District 120

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 14th day of January 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

CITY OF ELBERTON CITY COUNCIL; REDISTRICTING.

No. 56 (House Bill No. 147).

AN ACT

To amend an Act authorizing and directing the mayor and council of the City of Elberton to divide said city into wards, approved August 5, 1921 (Ga. L. 1921, p. 932), as amended, particularly by an Act approved February 28, 1984 (Ga. L. 1984, p. 3634), 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 authorizing and directing the mayor and council of the City of Elberton to divide said city into wards, approved August 5, 1921 (Ga. L. 1921, p. 932), as amended, particularly by an Act approved February 28, 1984 (Ga. L. 1984, p. 3634), is amended by revising Section 1 as follows:
"SECTION 1. (a) For the purpose of electing councilmembers, the City of Elberton shall be divided into five wards. Those wards 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: elberton-prop1-2012 Plan Type: Local Administrator: Elberton User: Gina'.

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(b) 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) Any part of the City of Elberton 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. (d) Any part of the City of Elberton 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 city council of the City of Elberton 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) Wards 1, 2, 3, 4, and 5, as they exist immediately prior to the effective date of this Act, shall continue to be designated as 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 city council serving from those former wards shall be deemed to be serving from and representing their respective wards as newly described under this Act.

SECTION 3. The governing authority of the City of Elberton 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.

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Plan: elberton-prop1-2012 Plan Type: Local Administrator: Elberton User: Gina

District 001 Elbert County VTD: 105189 - ELBERTON 000400: 4027 4028 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 5019 5025 5026 5027 5028 5033 000500: 1010 1020 1022 1023 1037 1040 1042 1043 2021 2023 2025 2029 4000 4001 4003 4004 4006 4009 4011

District 002 Elbert County VTD: 105189 - ELBERTON 000400: 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 4029 4043 4044 4045 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5020 5021 5022 5023 5024 000500: 1015 1017 1029 1033 1035

District 003 Elbert County VTD: 105189 - ELBERTON 000300: 3083 000400: 1011 1025 1026 1027 1028 1030 1032 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 3005

District 004 Elbert County VTD: 105189 - ELBERTON

GEORGIA LAWS 2013 SESSION
000300: 2001 2003 2004 2005 2006 2008 2012 2013 2015 2016 2017 2018 2019 2022 2032 2035 2036 2038 000400: 3000 3001 3002 3003 3004 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022
District 005 Elbert County VTD: 105189 - ELBERTON 000300: 2021 2027 2028 2029 2030 2031 000400: 3023 3024 5029 5030 5031 5032 5034 5035 000500: 4007 4018 4019 4020 4021 4022 4026 VTD: 105193 - WYCHE 000500: 4013 4027 4032

3661

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act authorizing and directing the mayor and council of the City of Elberton to divide said city into wards, approved August 5, 1921 (Ga. L. 1921, p. 932), as amended, particularly by an Act approved February 28, 1984 (Ga. L. 1984, p. 3634), 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; and for other purposes.
/s/ Tom McCall Representative, District 33
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom McCall, who on oath deposes and says that he is the Representative from District 33 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 Elberton Star which is the official organ of Elbert County on January 23, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TOM MCCALL Tom McCall Representative, District 33

Sworn to and subscribed before me, this 29th day of January 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

CITY OF LAVONIA CORPORATE LIMITS.

No. 57 (House Bill No. 174).

AN ACT

To amend an Act providing a new charter for the City of Lavonia, approved May 13, 2002 (Ga. L. 2002, p. 5809), as amended, particularly by an Act approved May 28, 2010 (Ga. L. 2010, p. 3655), so as to change and extend the corporate limits of such city; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing a new charter for the City of Lavonia, approved May 13, 2002 (Ga. L. 2002, p. 5809), as amended, particularly by an Act approved May 28, 2010 (Ga. L. 2010, p. 3655), is amended by revising subsection (a) of Section 1.11 as follows:
"(a) The boundaries of this city shall be as described in: (1) An Act approved June 4, 1964 (Ga. L. 1964, Ex. Sess., p. 2008); (2) An Act approved April 16, 1999 (Ga. L. 1999, p. 4553);

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(3) Any annexation action taken by the city pursuant to general law and shown as part of the corporate limits on the official map of the corporate limits of the City of Lavonia dated February 15, 2003, which map is retained in the office of the mayor of the city, with such alterations as may be made from time to time in the manner provided by law; (4) In addition to the present territory included within the corporate limits of the city, the corporate limits shall specifically include the following described road and right of way, all of which are located in Franklin County, Georgia:
'All that tract or parcel of land lying and being in the 206 District G.M. of Franklin County, Georgia, and consisting of the right of way of Georgia Highway 17 extending from the present corporate limits of Lavonia in a southerly direction to its intersection with Lankford Road'; (5) In addition to the present territory included within the corporate limits of the city, the corporate limits shall specifically include the following described road and right of way, all of which are located in Franklin County, Georgia: 'All that tract or parcel of land lying and being in the 206 District G.M. of Franklin County, Georgia, and consisting of the right of way of Georgia Highway 17 extending from the present corporate limits of Lavonia located at the intersection of Georgia Highway 17 and Lankford Road to the line representing the southern most intersection of the rights of way of Georgia Highway 17 and Grady School Road'; (6) In addition to the present territory included within the corporate limits of the city, the corporate limits shall specifically include the following described road and right of way, all of which are located in Franklin County, Georgia: 'All that tract or parcel of land lying and being in the 206 District G.M. of Franklin County, Georgia, and consisting of the right of way of Georgia Highway 59, a/k/a/ West Avenue, extending from the present corporate limits of Lavonia located at the intersection of Georgia Highway 59 and Tiger Tail Road to a point 1,155 feet southwest along Georgia Highway 59 from the intersection of Georgia Highway 59 and Stone Bridge Road'; and (7) In addition to the present territory included within the corporate limits of the city, the corporate limits shall specifically include the following described road and right of way, all of which are located in Franklin County, Georgia: 'All that tract or parcel of land lying and being in the 206 District G.M. of Franklin County, Georgia, and consisting of the right of way of Highway 59, extending from the present corporate limits of the City of Lavonia in a northeasterly direction approximately 7,392 feet (1.4 miles) along Highway 59 to the intersection of Highway 59 and Beasley Road. All references to roads, highways, and public rights of way in this subsection shall specifically include the current width of said public road, street, highway, drive, circle, or other rights of way and specifically include the entire right of way. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof to be retained permanently in the office of the mayor and to be

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designated, as the case may be: 'Official Map of the corporate limits of the City of Lavonia, Georgia.' Photographic, typed, or other copies of such map or description certified by the city manager shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description."

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

Notice is hereby given that there will be introduced at the regular 2013 Session of the General Assembly of the State of Georgia a bill regarding the corporate limits of the City of Lavonia to amend an act providing a new charter for the City of Lavonia approved May 13, 2002 (Ga. L. 2002, p. 5908) as amended subsequently to extend and change the boundaries of the City of Lavonia, Georgia, by annexation of a certain public road and right of way; to repeal conflicting provisions; and for other purposes.

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 32 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Citizen Leader which is the official organ of Franklin County on January 10, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ ALAN POWELL Alan Powell Representative, District 32

Sworn to and subscribed before me, this 31st day of January, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

GEORGIA LAWS 2013 SESSION CITY OF MCDONOUGH HOTEL/MOTEL TAX.

3665

No. 58 (House Bill No. 364).

AN ACT

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

SECTION 2. The enactment of this Act is subsequent to the adoption of Resolution No. 13-01-22 of the governing authority of the City of McDonough on January 22, 2013, which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.

SECTION 3. In accordance with the terms of such resolution adopted by the mayor and council of the City of McDonough:
(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 McDonough; provided, however, that the City of McDonough 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; and

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(2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of McDonough to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Brian Strickland, who on oath deposes and says that he is the Representative from District 111 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Herald which is the official organ of Henry County on February 8, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BRIAN STRICKLAND Brian Strickland Representative, District 111

Sworn to and subscribed before me, this 12th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

GEORGIA LAWS 2013 SESSION CITY OF HAWKINSVILLE HOTEL/MOTEL TAX.

3667

No. 59 (House Bill No. 376).

AN ACT

To authorize the governing authority of the City of Hawkinsville 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 Hawkinsville 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 Hawkinsville dated September 10, 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 such resolution adopted by the mayor and council of the City of Hawkinsville:
(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 Hawkinsville 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) 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., the total amount of taxes that

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would have been collected at a rate of 5 percent shall be expended pursuant to paragraph (3) of subsection (a) of such Code section.

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 2013 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Hawkinsville to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Buddy Harden, 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 Dispatch & News which is the official organ of Pulaski County on January 30, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BUDDY HARDEN Buddy Harden Representative, District 148

Sworn to and subscribed before me, this 14th day of February 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

GEORGIA LAWS 2013 SESSION

3669

CITY OF WARNER ROBINS MAYOR AND COUNCIL; QUALIFICATIONS.

No. 60 (House Bill No. 383).

AN ACT

To amend an Act providing a new charter for the City of Warner Robins in Houston County, approved March 7, 1978 (Ga. L. 1978, p. 3081), as amended, so as to revise the qualifications for candidates for mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing a new charter for the City of Warner Robins in Houston County, approved March 7, 1978 (Ga. L. 1978, p. 3081), as amended, is amended by revising Section 2-102 as follows:

"Section 2-102. Qualifications. (a) In order to be eligible for election or appointment to a post on the city council, a person shall have attained the age of 21 and have resided in the city for a period of one year, and with respect to members of the council representing council districts, shall have resided in the council district for a period of six months. Such residency requirements shall be calculated from the date of qualifying for election or appointment. (b) In order to be eligible for election or appointment to the office of mayor, a person shall have attained the age of 23 and have resided in the city for a period of one year. Such residency requirement shall be calculated from the date of qualifying for election or 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 2013 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 Warner Robbins in the County of Houston," approved March 7. 1978 (Ga. L. 1978, p. 3081), as amended, particularly by an Act approved February 15, 1993 (Ga. L. 1993, p. 3767) so as to provide for age and residency requirements for the mayor and councilmembers; to provide for currently serving officers; and for other purposes.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Larry O'Neal Representative Larry O'Neal District 146

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry O'Neal, who on oath deposes and says that he is the Representative from District 146 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston County on February 6, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ LARRY O'NEAL Larry O'Neal Representative, District 146

Sworn to and subscribed before me, this 18th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

COLUMBUS, GEORGIA REDEVELOPMENT POWERS; REFERENDUM.

No. 61 (House Bill No. 414).

AN ACT

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

GEORGIA LAWS 2013 SESSION BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3671

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

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the consolidated government of Columbus, Georgia, shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the consolidated government of Columbus, Georgia, for approval or rejection. The election superintendent shall conduct that election on a date as determined by the governing authority of the consolidated government of Columbus, Georgia, and as provided under Code Section 21-2-540 of the O.C.G.A. and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the consolidated government of Columbus, Georgia. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the consolidated government of Columbus, Georgia, to exercise redevelopment powers under the
( ) NO 'Redevelopment Powers Law,' as it may be amended from time to time?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the consolidated government of Columbus, Georgia. It shall be the election superintendents duty to certify the result thereof to the Secretary of State.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to authorize the consolidated government of Columbus, Georgia, to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law", as amended; and for other purposes.
Representative Calvin Smyre District 135
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 135 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 Columbus-Muscogee County on February 16, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CALVIN SMYRE Calvin Smyre Representative, District 135
Sworn to and subscribed before me, this 19th day of February, 2013.
s/ DIANA GRAVER Diana Graver Notary Public, Fulton County, Georgia My Commission Expires December 17, 2016 (SEAL)

GEORGIA LAWS 2013 SESSION

Approved April 24, 2013.

__________

3673

COLUMBUS, GEORGIA CHARTER; STYLISTIC CHANGES.

No. 62 (House Bill No. 415).

AN ACT

To amend an Act providing for a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as to make certain stylistic changes to said charter; 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 county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, is amended by revising paragraphs (2) and (6) of Section 1-103 as follows:
"(2) The Council of the consolidated government shall, pursuant to the applicable provisions of Article IX, Section 9-102 hereof divide the territory of the consolidated government into two or more taxing districts (herein called "services districts"); provided, however, at least one of such districts shall be known as the general services district and shall consist of the total area of Muscogee County as fixed and established on the effective date of this Charter or as thereafter modified according to law; and provided, further, the Council shall establish at least one or more urban services districts which shall embrace such territory or territories for which provision is made by the Council for additional or higher levels of services than are provided uniformly throughout the territory of the consolidated government on the effective date of this Charter. In the establishment of the first urban services district or districts, the Council shall hold one or more public hearings thereon at which all interested persons affected thereby shall have an opportunity to be heard. Notice of the time, place, and date of such hearings shall be published in one or more newspapers of general circulation including the newspaper having the largest circulation in Columbus, Georgia, at least twice during the week immediately preceding the date of the hearing." "(6) Except as otherwise provided by this Charter, urban services districts of the consolidated government shall be created, expanded, merged, consolidated, or reduced only by ordinance duly adopted by the Council under such general rules, procedures, regulations, requirements, and specifications as established by the Council; provided however, no new urban service district shall be created or existing urban services districts expanded, abolished, merged, consolidated, or reduced without providing an opportunity

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

for interested persons to be heard by publishing a notice of a public hearing on the proposed expansion, consolidation, reduction, or creation of an urban services district in one or more newspapers of general circulation including the newspaper having the largest circulation in Columbus, Georgia, for a period of once each week for at least two successive weeks prior to the date of the hearing. Such rules and regulations shall set forth the manner and method for creation of new urban services districts, expansion, consolidation, reduction, or merger of existing urban services districts, requirements for defining functions and policies for rendering services, changes in levels of services within existing services districts, transferring territory from one services district to another, requirements for defining boundaries of services districts, procedures, expansion, reduction, or consolidation of existing services districts and requirements for defining boundaries of services districts."

SECTION 2. Said Act is further amended by revising paragraph (14) of Section 4-201 as follows:
"(14) To direct, supervise, and coordinate the administration and activities of the department of public safety;"

SECTION 3. Said Act is further amended by revising Section 5-602 as follows:
"Section 5-602. Appeal bond; trial de novo. Any person or persons found guilty by the recorder upon a plea of not guilty, when charged in violation of an ordinance of the consolidated government, shall have the right of appeal to the State Court of Muscogee County from the recorder's court in the same manner and under the same procedure as now prescribed by law for such appeals."

SECTION 4. Said Act is further amended by revising paragraph (4) of Section 6-102 as follows:
"(4) The Council shall enact a redistricting ordinance within six months after receiving such report. If the Council fails to enact a redistricting ordinance within such six months, the redistricting plan submitted by the districting commission shall become effective without enactment by the Council, as if it were a duly enacted ordinance."

SECTION 5. Said Act is further amended by revising Section 6-201 as follows:
"Section 6-201. Special elections. In the event the office of mayor or councilor shall become vacant for any cause whatsoever, then such vacancy shall be filled in the manner provided for in this section. If a vacancy occurs within one and one-half years after the date of a regular election for the office of mayor or councilor, then the board of elections shall, within ten days after the occurrence of such vacancy, call a special election to fill the balance of the unexpired term of such office by giving notice in one or more newspapers

GEORGIA LAWS 2013 SESSION

3675

of general circulation including the newspaper with the largest circulation in Columbus, Georgia. If vacancy occurs more than one and one-half years after the date of a regular election for the office of mayor or councilor, then a person shall be appointed by a majority vote of the total membership of the Council to serve until a successor is elected and qualified at a special election held concurrently with the next regular election for the office of mayor or councilor. The successor elected at such special election shall serve the remainder of the unexpired term of such office. The special election required herein shall be held on the date specified in the advertisement, but not less than 30 days nor more than 45 days after the publication of the call of the election. In all other respects, every special election shall be held and conducted in accordance with those provisions of the applicable laws of Georgia as provided in Section 6-200 of this Charter."

SECTION 6. Said Act is further amended by revising paragraph (3) of Section 6-400 as follows:
"(3) The Council shall at once proceed to consider such petition and shall take final action thereon within 30 days from the date of submission. If the Council rejects the proposed ordinance, or passes it in a different form from that set forth in the petition, or fails to act finally upon it within the time stated, then, if within five days thereafter the committee of the petitioners files with the clerk written demand so to do, the clerk shall at once upon the expiration of such five days cause three printed or typewritten copies of such petition, without the signatures, to be made. The clerk shall cause such three copies of such petition to be placed on file in the clerk's office, and provide facilities for their signing the same, and shall immediately cause notice of the placing of such copies of such petition to be published in one or more newspapers of general circulation including the newspaper with the largest circulation in Columbus, Georgia. Such copies shall remain on file in the office of the clerk for a period of 20 days, during which time any of them may be signed by a qualified voter of the consolidated government in person, but not by agent or attorney. Each signer of any such copy shall sign his or her name in ink or indelible pencil and shall place thereafter his or her residence by street and number. If during such time qualified voters equal to or exceeding 25 percent of the qualified voters in the consolidated government as shown by the official registration list filed for the regular election of councilors last held shall sign such copies of such petition, the clerk shall forthwith certify such fact to the Council."

SECTION 7. Said Act is further amended by revising paragraph (2) of Section 7-401 as follows:
"(2) A proposed annual operating and capital budget for the ensuing fiscal year shall be prepared by the city manager to be submitted by the mayor to the Council on or before a date fixed by ordinance, but not less than 60 days prior to the beginning of the fiscal year. Such budgets shall be accompanied by a budget message from the mayor containing explanations of general fiscal policies, explanations of major changes

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

recommended for the next fiscal year, a general summary of the budgets, and other information deemed appropriate. Copies of the annual operating and capital budgets shall be filed in the office of the clerk of Council and shall be open to public inspection. A summary of the proposed annual operating and capital budgets shall be published in one or more newspapers of general circulation including the newspaper having the largest circulation in Columbus, Georgia."

SECTION 8. Said Act is further amended by revising paragraph (1) of Section 7-402 as follows:
"(1) The Council shall, upon receipt of the proposed budgets, schedule and hold one or more public hearings thereon, notice of which shall be published in a newspaper of general circulation including the newspaper having the largest circulation in Columbus, Georgia, at least seven days prior to the date set for such public hearing or hearings. The hearings may be adjourned from time to time."

SECTION 9. Said Act is further amended by revising paragraphs (1) and (2) of Section 7-501 as follows:
"(1) The Council shall be authorized to sell any real or personal property owned or held by the consolidated government for governmental or other public purposes under such rules and regulations as the Council may establish; provided, however, that any public utility owned by the consolidated government may only be sold when such sale has been approved by a majority vote of the electors of Columbus, Georgia, voting in a regular or in a special election called for such purpose. Except as otherwise provided by this Charter, any sale of real property shall be made only after the receipt of sealed bids and due advertisement of such sale in one or more newspapers of general circulation including that with the largest general circulation in Columbus, Georgia, once a week for a period of two weeks preceding the date at which such sale is to be made. All sales of real property shall be subject to confirmation by the Council. (2) The Council is empowered to authorize the following transactions:
(a) A transfer of any real or personal property owned by the consolidated government to another governmental entity upon a finding that such transfer is in the public interest; (b) A sale of any such property to another governmental entity; and (c) An exchange of such property for property that is owned either privately or by some other governmental entity. In each such instance, when the property is sold or exchanged or transferred, a statement shall be published in one or more newspapers of general circulation, including that with the largest general circulation in Columbus, Georgia, on each Monday of the two weeks which precede the week in which such transaction is to be concluded. Such statement shall contain a description of the property or properties involved and the prices and estimated values as to each item of property."

GEORGIA LAWS 2013 SESSION

3677

SECTION 10. Said Act is further amended by revising Section 8-104 as follows:
"Section 8-104. County agencies. The grand juries in and for Muscogee County, the Superior Court for Muscogee County, the State Court of Muscugee County, the Probate Court, the Municipal Court of Columbus, the Juvenile Court of Muscogee County, the Muscogee County department of public health, and the Muscogee County department of family and children services shall continue to function, unaffected except as redesignated by this Charter. The personnel of those bodies shall be selected as heretofore selected, and those officials heretofore elected by the people shall hereafter be so elected. Nothing herein contained shall be construed as altering the status of the Muscogee County School District; provided, however, that the Muscogee County school board shall consist of nine members who shall be residents of the consolidated government. Such courts, boards, personnel, officers, and officials shall continue to occupy the same status with respect to the consolidated government in the same position as previously occupied with respect to Muscogee County. Similarly, the Council shall succeed to such rights, duties, and obligations with regard to such courts, boards, officers, offices, and agencies and the employed personnel thereof as heretofore possessed by either the board of commissioners of Muscogee County or the mayor and city commission of the City of Columbus, or both, specifically including, but not limited to, any right and authority to name and designate personnel."

SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act providing for a new charter for the county-wide government Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993. p. 4978), as amended; and for other purposes.
Representative Calvin Smyre District 135
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 135 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

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of Muscogee County on February 16, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CALVIN SMYRE Calvin Smyre Representative, District 135

Sworn to and subscribed before me, this 19th day of February, 2013.

s/ DIANA GRAVER Diana Graver Notary Public, Fulton County, Georgia My Commission Expires December 17, 2016 (SEAL)

Approved April 24, 2013.

__________

COLUMBUS, GEORGIA PERSONNEL REVIEW BOARD.

No. 63 (House Bill No. 416).

AN ACT

To amend an Act providing for a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as change certain provisions relating to the personnel review board; 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 county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, is amended by revising paragraph (1) of Section 4-610 as follows:
"(1) The personnel review board shall make recommendations on personnel rules and regulations; hear appeals from employees under procedures established by ordinance of the Council pertaining to significant disciplinary actions as defined by ordinance of the Council; and perform such other functions and duties as may be required by ordinance."

GEORGIA LAWS 2013 SESSION
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

3679

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act providing for a new charter for the county-wide government Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993. p. 4978), as amended, so as change certain provisions relating to the personnel review board; and for other purposes.

Representative Calvin Smyre District 135

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 135 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 Columbus-Muscogee County on February 16, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CALVIN SMYRE Calvin Smyre Representative, District 135

Sworn to and subscribed before me, this 19th day of February, 2013.

s/ DIANA GRAVER Diana Graver Notary Public, Fulton County, Georgia My Commission Expires December 17, 2016 (SEAL)

Approved April 24, 2013.

__________

3680

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II COLUMBUS, GEORGIA CHARTER; STYLISTIC CHANGES.

No. 64 (House Bill No. 417).

AN ACT

To amend an Act providing for a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as to make certain stylistic changes to said charter; 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 county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, is amended by revising paragraphs (2) and (6), respectively, of Section 1-103 as follows:
"(2) The Council of the consolidated government shall, pursuant to the applicable provisions of Article IX, Section 9-102 hereof divide the territory of the consolidated government into two or more taxing districts (herein called "services districts"); provided, however, at least one of such districts shall be known as the general services district and shall consist of the total area of Muscogee County as fixed and established on the effective date of this Charter or as thereafter modified according to law; and provided, further, the Council shall establish at least one or more urban services districts which shall embrace such territory or territories for which provision is made by the Council for additional or higher levels of services than are provided uniformly throughout the territory of the consolidated government on the effective date of this Charter. In the establishment of the first urban services district or districts, the Council shall hold one or more public hearings thereon at which all interested persons affected thereby shall have an opportunity to be heard. Notice of the time, place, and date of such hearings shall be published in one or more newspapers of general circulation in Columbus, Georgia, which shall include the newspaper having the largest circulation in Columbus, Georgia, at least twice during the week immediately preceding the date of the hearing." "(6) Except as otherwise provided by this Charter, urban services districts of the consolidated government shall be created, expanded, merged, consolidated, or reduced only by ordinance duly adopted by the Council under such general rules, procedures, regulations, requirements, and specifications as established by the Council; provided however, no new urban service district shall be created or existing urban services districts expanded, abolished, merged, consolidated, or reduced without providing an opportunity for interested persons to be heard by publishing a notice of a public hearing on the proposed expansion, consolidation, reduction, or creation of an urban services district in one or more newspapers of general circulation in Columbus, Georgia, which shall include

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the newspaper having the largest circulation in Columbus, Georgia, for a period of once each week for at least two successive weeks prior to the date of the hearing. Such rules and regulations shall set forth the manner and method for creation of new urban services districts, expansion, consolidation, reduction, or merger of existing urban services districts, requirements for defining functions and policies for rendering services, changes in levels of services within existing services districts, transferring territory from one services district to another, requirements for defining boundaries of services districts, procedures, expansion, reduction, or consolidation of existing services districts and requirements for defining boundaries of services districts."

SECTION 2. Said Act is further amended by revising paragraph (14) of Section 4-201 as follows:
"(14) To direct, supervise, and coordinate the administration and activities of the department of public safety;"

SECTION 3. Said Act is further amended by revising Section 5-602 as follows:
"Section 5-602. Appeal bond; trial de novo. Any person or persons found guilty by the recorder upon a plea of not guilty, when charged in violation of an ordinance of the consolidated government, shall have the right of appeal to the State Court of Muscogee County from the recorder's court in the same manner and under the same procedure as now prescribed by law for such appeals."

SECTION 4. Said Act is further amended by revising Section 6-201 as follows:
"Section 6-201. Special elections. In the event the office of mayor or councilor shall become vacant for any cause whatsoever, then such vacancy shall be filled in the manner provided for in this section. If a vacancy occurs within one and one-half years after the date of a regular election for the office of mayor or councilor, then the board of elections shall, within ten days after the occurrence of such vacancy, call a special election to fill the balance of the unexpired term of such office by giving notice in one or more newspapers of general circulation in Columbus, Georgia, which shall include the newspaper with the largest circulation in Columbus, Georgia. If vacancy occurs more than one and one-half years after the date of a regular election for the office of mayor or councilor, then a person shall be appointed by a majority vote of the total membership of the Council to serve until a successor is elected and qualified at a special election held concurrently with the next regular election for the office of mayor or councilor. he successor elected at such special election shall serve the remainder of the unexpired term of such office. The special election required herein shall be held on the date specified in the advertisement, but not less than 30 days nor more than 45 days after the publication of the call of the election. In all

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other respects, every special election shall be held and conducted in accordance with those provisions of the applicable laws of Georgia as provided in Section 6-200 of this Charter."

SECTION 5. Said Act is further amended by revising paragraph (3) of Section 6-400 as follows:
"(3) The Council shall at once proceed to consider such petition and shall take final action thereon within 30 days from the date of submission. If the Council rejects the proposed ordinance, or passes it in a different form from that set forth in the petition, or fails to act finally upon it within the time stated, then, if within five days thereafter the committee of the petitioners files with the clerk written demand so to do, the clerk shall at once upon the expiration of such five days cause three printed or typewritten copies of such petition, without the signatures, to be made. The clerk shall cause such three copies of such petition to be placed on file in the clerk's office, and provide facilities for their signing the same, and shall immediately cause notice of the placing of such copies of such petition to be published in one or more newspapers of general circulation in Columbus, Georgia, which shall include the newspaper with the largest circulation in Columbus, Georgia. Such copies shall remain on file in the office of the clerk for a period of 20 days, during which time any of them may be signed by a qualified voter of the consolidated government in person, but not by agent or attorney. Each signer of any such copy shall sign his or her name in ink or indelible pencil and shall place thereafter his or her residence by street and number. If during such time qualified voters equal to or exceeding 25 percent of the qualified voters in the consolidated government as shown by the official registration list filed for the regular election of councilors last held shall sign such copies of such petition, the clerk shall forthwith certify such fact to the Council."

SECTION 6. Said Act is further amended by revising paragraph (2) of Section 7-401 as follows:
"(2) A proposed annual operating and capital budget for the ensuing fiscal year shall be prepared by the city manager to be submitted by the mayor to the Council on or before a date fixed by ordinance, but not less than 60 days prior to the beginning of the fiscal year. Such budgets shall be accompanied by a budget message from the mayor containing explanations of general fiscal policies, explanations of major changes recommended for the next fiscal year, a general summary of the budgets, and other information deemed appropriate. Copies of the annual operating and capital budgets shall be filed in the office of the clerk of Council and shall be open to public inspection. A summary of the proposed annual operating and capital budgets shall be published in one or more newspapers of general circulation in Columbus, Georgia, which shall include the newspaper having the largest circulation in Columbus, Georgia."

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SECTION 7. Said Act is further amended by revising paragraphs (1) and (2), respectively, of Section 7-501 as follows:
"(1) The Council shall be authorized to sell any real or personal property owned or held by the consolidated government for governmental or other public purposes under such rules and regulations as the Council may establish; provided, however, that any public utility owned by the consolidated government may only be sold when such sale has been approved by a majority vote of the electors of Columbus, Georgia, voting in a regular or in a special election called for such purpose. Except as otherwise provided by this Charter, any sale of real property shall be made only after the receipt of sealed bids and due advertisement of such sale in the newspaper with the largest general circulation in Columbus, Georgia, once a week for a period of two weeks preceding the date at which such sale is to be made. All sales of real property shall be subject to confirmation by the Council. (2) The Council is empowered to authorize the following transactions:
(a) A transfer of any real or personal property owned by the consolidated government to another governmental entity upon a finding that such transfer is in the public interest; (b) A sale of any such property to another governmental entity; and (c) An exchange of such property for property that is owned either privately or by some other governmental entity. In each such instance, when the property is sold or exchanged or transferred, a statement shall be published in the newspaper with the largest general circulation in Columbus, Georgia, on each Monday of the two weeks which precede the week in which such transaction is to be concluded. Such statement shall contain a description of the property or properties involved and the prices and estimated values as to each item of property."

SECTION 8. Said Act is further amended by revising Section 8-104 as follows:
"Section 8-104. County agencies. The grand juries in and for Muscogee County, the Superior Court for Muscogee County, the Probate Court, the Municipal Court of Columbus, the Juvenile Court of Muscogee County, the Muscogee County department of public health, and the Muscogee County department of family and children services shall continue to function, unaffected except as redesignated by this Charter. The personnel of those bodies shall be selected as heretofore selected, and those officials heretofore elected by the people shall hereafter be so elected. Nothing herein contained shall be construed as altering the status of the Muscogee County School District; provided, however, that the Muscogee County school board shall consist of nine members who shall be residents of the consolidated government. Such courts, boards, personnel, officers, and officials shall continue to occupy the same status with respect to the consolidated government in the same position as previously occupied with respect to Muscogee County. imilarly, the Council shall succeed to such rights, duties, and obligations with regard to such courts, boards,

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officers, offices, and agencies and the employed personnel thereof as heretofore possessed by either the board of commissioners of Muscogee County or the mayor and city commission of the City of Columbus, or both, specifically including, but not limited to, any right and authority to name and designate personnel."

SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act providing for a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended; and for other purposes.
Representative Calvin Smyre District 135
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 135 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger-nquirer which is the official organ of Muscogee County on February 16, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CALVIN SMYRE Calvin Smyre Representative, District 135
Sworn to and subscribed before me, this 19th day of February, 2013.
s/ DIANA GRAVER Diana Graver Notary Public, Fulton County, Georgia My Commission Expires December 17, 2016 (SEAL)

GEORGIA LAWS 2013 SESSION

Approved April 24, 2013.

__________

3685

CITY OF CULLODEN CITY COUNCIL; TERMS AND MANNER OF ELECTION.

No. 65 (House Bill No. 431).

AN ACT

To amend an Act incorporating the City of Culloden in the County of Monroe, approved October 24, 1887 (Ga. L. 1886-87, Vol. II, p. 655), as amended, particularly by an Act approved March 15, 1988 (Ga. L. 1988, p. 4086), and an Act approved April 4, 1990 (Ga. L. 1990, p. 5207), so as to provide for elections and terms of members of the city council; to change the election of councilmembers from district to at-large; 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 incorporating the City of Culloden in the County of Monroe, approved October 24, 1887 (Ga. L. 1886-87, Vol. II, p. 655), as amended, particularly by an Act approved March 15, 1988 (Ga. L. 1988, p. 4086), and an Act approved April 4, 1990 (Ga. L. 1990, p. 5207), is amended by revising Section 2 to read as follows:

"SECTION 2. (a) There shall be six councilmembers elected from the City of Culloden at large from six posts. The six posts shall be designated as Posts 1 through 6. Candidates seeking the office of city council shall at the time of qualifying designate which of the six posts to which he or she is seeking election. Councilmembers may reside anywhere within the city limits of the City of Culloden. (b) Those persons currently serving on the city council shall continue to serve until their successors are duly elected and qualified. (c) There shall be elected at the municipal election held November, 2013, councilmembers representing Posts 1, 2, and 3. Such persons shall take office January 1, 2014, and shall serve terms of two years and until their successors are duly elected and qualified. Their successors shall be elected at the municipal election in odd-numbered years and shall take office on January 1 of the following year for terms of two years. (d) There shall be elected at the general election held on the Tuesday after the first Monday in November, 2014, councilmembers representing Posts 4, 5, and 6. Such persons

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shall take office January 1, 2015, and shall serve terms of two years and until their successors are duly elected and qualified. The successors to Posts 4, 5, and 6 and future successors shall be elected at the general election immediately preceding the expiration of their respective terms of office and shall take office on the first day of January immediately following their election for terms of two years and until their successors are elected and qualified."

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Culloden in the County of Monroe, approved October 24, 1887 (Ga. L. 1886-87, Vol. II, p. 655), as amended, particularly by an Act approved April 4, 1990 (Ga. L. 1990, p. 5207), so as to provide for elections and terms of members of the city council; to change the election of the councilmembers from districts to at-large; and for other purposes.

Representative Robert Dickey District 140

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 140 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Monroe County Reporter which is the official organ of Monroe County on February 13, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ ROBERT DICKEY Robert Dickey Representative, District 140

GEORGIA LAWS 2013 SESSION
Sworn to and subscribed before me, this 21st day of February, 2013.

3687

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

APPLING COUNTY BOARD OF EDUCATION; REDISTRICTING.

No. 66 (House Bill No. 432).

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 provide for definitions and inclusions; to provide for the 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 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 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 shall 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

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of this Act and further identified as 'Plan: applingccsb-2012 Plan Type: Local Administrator: Appling User: bak'. (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 Appling 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 Appling 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 Appling 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, and 5, as they existed 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 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.

GEORGIA LAWS 2013 SESSION
SECTION 4. 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 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

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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 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

GEORGIA LAWS 2013 SESSION
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 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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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2013 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, Greg Morris, 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 Baxley News Banner which is the official organ of Appling County on February 13, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GREG MORRIS Greg Morris Representative, District 156

Sworn to and subscribed before me, this 21st day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

APPLING COUNTY BOARD OF COMMISSIONERS; REDISTRICTING.

No. 67 (House Bill No. 433).

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, particularly by an Act approved March 4, 1994 (Ga. L. 1994, p. 3608), so as to change the description of the commissioner

GEORGIA LAWS 2013 SESSION

3693

districts; to provide for definitions and inclusions; to provide for the 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 creating the Board of Commissioners of Appling County, approved February 12, 1945 (Ga. L. 1945, p. 650), as amended, particularly by an Act approved March 4, 1994 (Ga. L. 1994, p. 3608), 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'. (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 Appling 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 Appling 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."

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2. (a) Those members of the Board of Commissioners of Appling 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, and 5, as they existed 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 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 4. 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 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

GEORGIA LAWS 2013 SESSION
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 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

3695

3696

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 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

GEORGIA LAWS 2013 SESSION
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

3697

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act changing the composition and method of election of the 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, Greg Morris, 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 Baxley News Banner which is the official organ of Appling County on February 13, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ GREG MORRIS Greg Morris Representative, District 156

3698

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 21st day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

CITY OF ELLENTON CITY COUNCIL; ELECTION AND POWERS.

No. 68 (House Bill No. 440).

AN ACT

To amend an Act providing for a new charter for the City of Ellenton, Georgia, approved April 17, 1975 (Ga. L. 1975, p. 3073), so as to change certain provisions relating to the election and powers of city councilmembers; 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 Ellenton, Georgia, approved April 17, 1975 (Ga. L. 1975, p. 3073), is amended by revising Section 2.11 as follows:
"Section 2.11. Terms and Qualifications of Office. The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified. The term of office of the mayor and each councilmember shall begin on the first day of January immediately following their election. No person shall be eligible to serve as mayor or councilmember unless he or she:
(1) Has been a resident of the city for a period of one year immediately prior to the date of the election for mayor or councilmember; (2) Continues to reside within the city during his or her term of office; (3) Is registered and qualified to vote in municipal elections of the City of Ellenton; and (4) Meets the qualifications for holding civil office as provided in Code Section 45-2-1 of the O.C.G.A. or any other general law applicable to that office."

GEORGIA LAWS 2013 SESSION

3699

SECTION 2. Said Act is further amended by revising Section 2.13 as follows:
"Section 2.13. Compensation and Expenses. The mayor and councilmembers shall receive as compensation for their services an amount prescribed by ordinance lawfully adopted by the city council. The mayor and councilmembers shall also be entitled to receive reimbursement for their actual and necessary expenses incurred in the performance of their official duties."

SECTION 3. Said Act is further amended by revising Sections 5.10 through 5.12 as follows:
"Section 5.10. Regular Elections. (a) For purposes of electing the mayor and five councilmembers as provided in this charter, each shall be elected at large. The mayor and councilmember positions shall be designated by post number. The mayor shall be designated Post 1 and the councilmembers elected in even-numbered years as of the effective date of this Act shall be designated Posts 2 and 3. The councilmembers elected in odd-numbered years as of the effective date of this Act shall be designated as Posts 4, 5, and 6. The mayor shall be considered a councilmember for all purposes, except as may be specifically limited in this charter. A reference in a city ordinance to the mayor and council shall mean the city council. (b) The members of the city council serving in office on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve until the expiration of the terms for which they were elected and until their successors are elected and qualified. (c) The members of the reconstituted city council shall be elected as provided in this subsection. The members from Posts 1, 2, and 3 shall be elected at the general election on the Tuesday following the first Monday in November, 2014, shall take office the first day of January immediately following that election, and shall serve for initial terms of office of three years. The first members from Posts 4, 5, and 6 shall be elected at the general election on the Tuesday following the first Monday in November, 2013, shall take office on the first day of January immediately following that election, and shall serve for initial terms of office of two years. Those and all future successors to councilmembers whose terms of office are to expire shall be elected at the time of the election in November 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. (d) All members of the city council 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.'

Section 5.11. Election Procedures. The city council may, by ordinance not in conflict with or preempted by general law, provide rules and regulations governing qualifying fees, the

3700

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

nomination of candidates, and such other procedures as are necessary for the conduct of elections.

Section 5.12. Reserved."

SECTION 4. Said Act is further amended by revising Section 7.13 as follows:
"Section 7.13. Penalties. The violation of any provision of this charter for which a penalty is not specifically provided shall be a misdemeanor, punishable by imprisonment of not more than 12 months or a fine of not more than $1,000.00, or both."

SECTION 5. Said Act is further amended by revising Section 7.16 as follows:
"Section 7.16. Enumeration of Powers. The enumeration of powers contained in this charter shall be unrestrictive such that the city council may exercise all powers, authority, and jurisdiction needed to fulfill the purposes of this charter as if the same were specifically enumerated. The city council may pass all laws, ordinances, rules, and regulations, consistent with its authority and the laws of this state, deemed necessary for the health, safety, and welfare of the residents of the City of Ellenton. Where powers are conferred by this charter but the manner of exercising such powers is not fully specified, the city council may provide by ordinance, rule, or regulation procedures necessary for the implementation of such powers.

Section 7.17. Repealer. All laws and parts of laws in conflict with this charter are repealed."

SECTION 6. The city council 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 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

GEORGIA LAWS 2013 SESSION

3701

NOTICE OF INTENTION TO INTRODUCE LEGISLATION AMENDING CITY CHARTER FOR THE CITY OF ELLENTON, GEORGIA

Pursuant to O.C.G.A. Sect. 28-1-14, notice is hereby given that legislation will be introduced in the 2013 Session of the Georgia General Assembly amending the City Charter for the City of Ellenton, Georgia. The Charter Amendment will be for the purpose of changing certain provisions relating to the election, powers, and compensation of City Council members for the City of Ellenton, Georgia.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sam Watson, who on oath deposes and says that he is the Representative from District 172 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Moultrie Observer which is the official organ of Colquitt County on February 13, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ SAM WATSON Sam Watson Representative, District 172

Sworn to and subscribed before me, this 21st day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

3702

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

LAMAR COUNTY HOMESTEAD EXEMPTION; SCHOOL TAXES; SENIOR CITIZENS; FIVE-YEAR PHASE-IN; REFERENDUM.

No. 69 (House Bill No. 294).

AN ACT

To provide a homestead exemption from Lamar County school district ad valorem taxes for educational purposes in the amount of $7,000.00 of the assessed value of the homestead after a specified five-year phase-in period for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Lamar County school district, including, but not limited to, any ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 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)(1) Each resident of the Lamar County school district who is a senior citizen is granted an exemption on that person's homestead from Lamar County school district ad valorem taxes for educational purposes as follows:
(A) For the taxable year beginning on or after January 1, 2014, and prior to January 1, 2015, in the amount of $3,000.00 of the assessed value of that homestead; (B) For the taxable year beginning on or after January 1, 2015, and prior to January 1, 2016, in the amount of $4,000.00 of the assessed value of that homestead; (C) For the taxable year beginning on or after January 1, 2016, and prior to January 1, 2017, in the amount of $5,000.00 of the assessed value of that homestead; (D) For the taxable year beginning on or after January 1, 2017, and prior to January 1, 2018, in the amount of $6,000.00 of the assessed value of that homestead; and (E) For all taxable years beginning on or after January 1, 2018, in the amount of $7,000.00 of the assessed value of that homestead.

GEORGIA LAWS 2013 SESSION

3703

(2) 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 Lamar County, giving the person's age and such additional information relative to receiving such exemption as will enable the tax commissioner of Lamar County to make a determination regarding the initial and continuing eligibility of such person for such exemption. The tax commissioner of Lamar 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 Lamar County in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to Lamar County school district ad valorem taxes for educational purposes.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Lamar County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Lamar County school district for approval or rejection. The election superintendent shall issue the call and conduct that election on a date in 2013 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 Lamar County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from Lamar County school district ad valorem taxes for educational purposes in the amount of $7,000.00 of the assessed value of the homestead after a specified five-year phase-in period for residents of that school district who are 70 years of age or older?"

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2014, and shall be applicable to all taxable years beginning on or after January 1, 2014. 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 Lamar 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 2013 Session of the General Assembly of Georgia a bill to provide a homestead exemption from Lamar County school district ad valorem taxes for educational purposes in the amount of $7,000.00 of the assessed value of the homestead after a specified five-year phase-in period for residents of that school district who are 70 years of age or older; and for other purposes.
This 29th day of January, 2013.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnnie Caldwell, who on oath deposes and says that he is the Representative from District 131 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 5, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JOHNNIE CALDWELL Johnnie Caldwell Representative, District 131

GEORGIA LAWS 2013 SESSION
Sworn to and subscribed before me, this 8th day of February 2013.

3705

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

CITY OF FAIRBURN REDEVELOPMENT POWERS; REFERENDUM.

No. 70 (House Bill No. 319).

AN ACT

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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

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

3706

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

in this section for the purpose of submitting this Act to the electors of the City of Fairburn for approval or rejection. The municipal election superintendent shall conduct that election on any permissible referendum date under Code Section 21-2-540 of the O.C.G.A., but not later than the November, 2014, general election, and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City of Fairburn to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may
( ) NO be amended from time to time?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Fairburn. 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
To amend an Act to provide a new charter for the City of Fairburn (Ga. L. 1925, p. 1024), as amended, so as to authorize the City of Fairburn to exercise such powers and to take such actions as are authorized by the Redevelopment Powers Law (O.C.G.A. 36-44-1 et seq.) upon approval of the voters; to provide for a referendum election date pursuant to Title 21; to repeal conflicting laws; and for other purposes.
This 8th day of February, 2013.

s/ William R. Turner City Attorney City of Fairburn

GEORGIA LAWS 2013 SESSION

3707

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sharon Beasley-Teague, who on oath deposes and says that she is the Representative from District 65 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on February 8, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ SHARON BEASLEY-TEAGUE Sharon Beasley-Teague Representative, District 65

Sworn to and subscribed before me, this 12th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

CITY OF FAIRBURN REMOVE MILLAGE CAPS ON AD VALOREM TAXATION OF PROPERTY.

No. 71 (House Bill No. 321).

AN ACT

To amend an Act establishing a charter for the City of Fairburn, approved August 3, 1925 (Ga. L. 1925, p. 1024), as amended, so as to remove the millage caps on ad valorem taxation of real and personal property; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3708

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1. An Act establishing a charter for the City of Fairburn, approved August 3, 1925 (Ga. L. 1925, p. 1024), as amended, is amended by revising Section 30 as follows:

"SECTION 30. The mayor and council of the City of Fairburn are hereby authorized to prescribe by ordinance for the assessment, levy, and collection of an ad valorem tax on all real and personal property within the corporate limits of said city for the following purposes:
(1) General purposes, including operation of city government; (2) Maintenance of streets and sidewalks; (3) General improvements in the City of Fairburn; and (4) Such rate as is necessary to meet the annual interest on outstanding bonds against said city and such amount as the mayor and council may deem necessary as a sinking fund to retire outstanding bonds against said city."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
To amend an Act to provide a new charter for the City of Fairburn (Ga. L. 1925, p. 1024), as amended, so as to clarify the purposes for which the City of Fairburn may levy ad valorem taxes and to remove the limitation on the millage rate; to repeal conflicting laws; and for other purposes.
This 8th day of February, 2013.
s/ William R. Turner City Attorney City of Fairburn
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sharon Beasley-Teague, who on oath deposes and says that she is the Representative from District 65 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on February 8, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2013 SESSION
s/ SHARON BEASLEY-TEAGUE Sharon Beasley-Teague Representative, District 65

3709

Sworn to and subscribed before me, this 12th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

LOWNDES COUNTY JUDGE OF PROBATE COURT; NONPARTISAN ELECTION.

No. 72 (House Bill No. 328).

AN ACT

To provide for the nonpartisan nomination and election of the judge of the Probate Court of Lowndes County; to provide for terms 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. The probate judge of Lowndes County who is serving on the effective date of this Act and any person selected to fill any vacancy in such office shall continue to serve out such person's term of office until the expiration of his or her term on December 31, 2016, and until the election and qualification of a successor. Beginning at the general election of 2016, a successor probate judge shall be elected by the voters of Lowndes County. That successor and all future successors to such office shall be nominated and elected by the qualified voters of Lowndes County in a nonpartisan primary and election. Persons elected to such office shall take office the first day of January immediately following such election and shall serve for a term of office of four years and until the election and qualification of their respective successors.

3710

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2. The governing authority of Lowndes County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 60 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 2013 session of the General Assembly of Georgia a bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Lowndes County; to provide for related matters; and for other purposes.
Representative Amy Carter District 175
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 January 16, 2013, 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 12th day of February, 2013.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia

GEORGIA LAWS 2013 SESSION
My Commission Expires January 23, 2015 (SEAL)

3711

Approved April 24, 2013.

__________

LOWNDES COUNTY SMALL CLAIMS COURT; MAGISTRATE JUDGE; NONPARTISAN ELECTION.

No. 73 (House Bill No. 329).

AN ACT

To amend an Act creating a Small Claims Court for Lowndes County, approved April 18, 1967 (Ga. L. 1967, p. 3197), as amended by an Act approved February 18, 1977 (Ga. L. 1977, p. 2736), so as to provide that the judge of the Small Claims Court for Lowndes County shall be the magistrate judge and shall be elected on a nonpartisan basis; to provided for related matters; to provide for submission of this Act 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 a Small Claims Court for Lowndes County, approved April 18, 1967 (Ga. L. 1967, p. 3197), as amended by an Act approved February 18, 1977 (Ga. L. 1977, p. 2736), is amended by revising Section 2 as follows:

"SECTION 2. The magistrate judge of the Small Claims Court for Lowndes County shall continue to serve as such until the expiration of his or her term on December 31, 2016, and until the election and qualification of a successor. Beginning at the general election of 2016, a successor magistrate judge shall be elected by the voters of Lowndes County. At such election and at every election thereafter, the magistrate judge shall be elected on a nonpartisan basis. Persons elected to such office shall take office the first day of January immediately following such election and the magistrate judge shall serve for a term of four years and until his or her successor is duly appointed and qualified. Any person qualifying to run as magistrate judge of Lowndes County shall be a resident of Lowndes County, and beginning in the election of 2016, shall be an attorney licensed to practice law in the State of Georgia."

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SECTION 2. The governing authority of Lowndes County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 60 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 2013 session of the General Assembly of Georgia a bill to amend an Act creating a Small Claims Court for Lowndes County, approved April 18, 1967 (Ga. L. 1967, p. 3197), as amended by an Act approved February 18, 1977 (Ga. L. 1977, p. 2736), so as to provide that the judge of the Small Claims Court for Lowndes County shall be the magistrate judge and shall be elected on a nonpartisan basis; to provide for related matters; and for other purposes.

Representative Amy Carter District 175

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 January 16, 2013, 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 12th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia

GEORGIA LAWS 2013 SESSION
My Commission Expires January 23, 2015 (SEAL)

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Approved April 24, 2013.

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CITY OF ENIGMA MAYOR AND COUNCIL; FOUR-YEAR TERMS OF OFFICE.

No. 74 (House Bill No. 340).

AN ACT

To amend an Act to provide a new charter for the City of Enigma, approved April 9, 1993 (Ga. L. 1993, p. 5205), so as to provide for four-year terms for the mayor and city council; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide a new charter for the City of Enigma, approved April 9, 1993 (Ga. L. 1993, p. 5205), is amended by revising subsection (b) of Section 2.10 as follows:
"(b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of this city for 12 months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during such 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 such city that such person desires his or her name to be placed on such 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 such notice within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'"

SECTION 2. Said Act is further amended by revising subsections (b) and (e) of Section 2.11 as follows:
"(b) All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Election Code."

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"(e)(1) On the Tuesday following the first Monday in November, 2013, there shall be elected a mayor and two councilmembers to succeed the mayor and two councilmembers whose terms are expiring in January, 2014. Those persons who are elected in such election shall serve for terms of two years and until their respective successors are elected and qualified. On the Tuesday following the first Monday in November, 2015, and quadrennially thereafter, successors to the mayor and such councilmembers shall be elected for terms of four years and until their respective successors are elected and qualified. (2) On the Tuesday following the first Monday in November, 2014, there shall be elected two councilmembers to succeed the remaining two councilmembers whose terms are expiring in January, 2015. Those persons who are elected in such election shall serve for terms of three years and until their respective successors are elected and qualified. On the Tuesday following the first Monday in November, 2017, and quadrennially thereafter, successors to such councilmembers shall be elected for terms of four years and until their respective successors are elected and qualified. (3) It is the purpose of this section to provide a rotation system for the office of mayor and councilmembers. The terms of office shall begin at the time of taking the oath of office as provided in Section 3.11 of this charter."

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 2013 session of the General Assembly of Georgia a bill to amend an Act to provide a new charter for the City of Enigma, approved April 9, 1993 (Ga. L. 1993, p. 5205), so as to provide for four-year terms for the mayor and city council; to provide for related matters; and for other purposes.
Rep. 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 6, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2013 SESSION
s/ PENNY HOUSTON Penny Houston Representative, District 170

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Sworn to and subscribed before me, this 13th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

CITY OF SENOIA NEW CHARTER.

No. 75 (House Bill No. 342).

AN ACT

To provide a new charter for the City of Senoia; 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 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

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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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I INCORPORATION AND POWERS
SECTION 1.1. Corporate name.

The territory hereinafter designated in Coweta County, Georgia, is hereby reincorporated by the enactment of this charter under the name and style of the City of Senoia, Georgia, a body politic and corporate, having the power to sue and be sued, with all the powers hereinafter specified, and all other powers, duties, rights, and immunities as are granted by the Constitution and general laws of the State of Georgia to municipal corporations.

SECTION 1.2. Corporate limits.

The corporate limits of such city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of the city shall at all times be shown on a map, to be retained permanently as a public record in the office of the city manager at the City Hall, Senoia, Georgia, and designated as the "Official Map of Senoia, Georgia." The original of such map, which is expressly by reference incorporated herein as an integral part of this charter, shall be signed and dated by the mayor and be attested thereto by the city clerk. All future alterations of such map, as directed by the Mayor and Council by ordinance to reflect lawful changes in the corporate boundary, shall be signed and dated by the mayor and attested thereto by the city clerk. Reproductions of such map, whether hand-drawn, photographic, or digital, when certified by the city clerk, shall be admitted as evidence in all courts and shall have the same force and effect as the original map.

SECTION 1.3. Corporate powers.

(a) The city shall have all the powers possible for any municipal corporation to have under the present and future Constitution and laws of this state as completely as though they were specifically enumerated in this charter. The city shall have all the powers of self-government not otherwise prohibited, reserved, or limited by this charter, general law, or the present or future Constitution of this state.

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(b) The powers of the city shall be liberally construed 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 1.4. Exercise of corporate 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 and general law. In cases where this charter makes no provision, such shall be carried into execution as provided by ordinance or in the manner provided by pertinent laws of this state.

SECTION 1.5. Adoption of legislation; force and effect of
ordinances; publication and distribution.

(a) Acts of the Mayor and Council which have the force and effect of law shall be enacted by ordinance. The power to adopt an ordinance amending this charter shall only be derived from subsection (b) of Code Section 36-35-3 of the O.C.G.A. or any successor law relating to the home rule powers of municipal corporations. All proposed ordinances shall be introduced in writing 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 Mayor and Council of the City of Senoia, Georgia, and established as follows:" and every ordinance shall so begin. (b) A proposed ordinance may be introduced by any member of the Mayor and Council, including the mayor or presiding officer, at any meeting of the Mayor and Council. Ordinances shall be considered and adopted or rejected in accordance with procedural rules which the Mayor and Council may establish; provided, however, that an ordinance shall not be finally adopted the same day it is introduced, except for ordinances whose subject matter involves a zoning decision, the annexation of territory into the boundaries of the city, or an emergency matter as provided in general state law. Upon the introduction of any proposed ordinance, the city clerk shall distribute copies to each member of the Mayor and Council, the city manager, and the city attorney, and shall make copies thereof available for public inspection and copying as provided by law. Upon final adoption of any ordinance, the city clerk shall authenticate its adoption by the city clerk's signature and record the original in a properly indexed book kept for that purpose, which shall be a public record of the city and available for public inspection and copying at all reasonable times. Not less than quarterly, the city clerk shall cause all ordinances to be codified in a publication known as "The Code of Senoia, Georgia," which shall be available for sale to the public and accessible, without charge, on the city's website. All ordinances shall become effective upon their final adoption unless a later effective date is specified therein.

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ARTICLE II MAYOR AND COUNCIL
SECTION 2.1. Corporate and governing authority.

The municipal governing body shall consist of a board of five citizens, hereinafter referred to collectively as the "Mayor and Council." The Mayor and Council shall be the legislative and governing authority of the city; provided, however, a city manager shall administer the daily affairs of the city within the law and ordinances of the city, under the general oversight of the Mayor and Council. The Mayor and Council shall be vested with all the powers of government of the city, but no individual member of the Mayor and Council shall have or exercise any power, duty, or function, unless otherwise provided by general law or this charter. Members of the Mayor and Council shall possess the qualifications and be elected in the manner provided by general law and this charter; provided, however, that members of the Mayor and Council in office on the effective date of this charter shall in all respects be successors to and a continuation of the governing authority elected under the prior charter and shall serve the terms for which elected. The members of the Mayor and Council shall devote as much of their time to the office as may be necessary.

SECTION 2.2. Qualification and election of Mayor and Council.

(a) Any person who is a citizen of this state, has attained the age of 18 years, and has at least 12 months' residency within the city shall be eligible to hold office as a member of the Mayor and Council. No person who is not a registered voter; who has been convicted of a felony involving moral turpitude, unless that person's civil rights have been restored and at least ten years have elapsed from the date of completion of the sentence without a subsequent conviction of another felony involving moral turpitude; who is a defaulter for any federal, state, county, municipal, or school system taxes required of such officeholder or candidate if such person has been finally adjudicated by a court of competent jurisdiction to owe those taxes, unless such ineligibility has been removed by the full payment thereof, or by making payments to the tax authority pursuant to a payment plan, or under such other conditions provided by general law; who holds any other federal, state, county, or municipal elective office, or qualifies for such office more than 30 days prior to the expiration of the present municipal office; or who is the holder of public funds illegally; shall be eligible to hold office as a member of the Mayor and Council. (b) Except upon the death, resignation, felony conviction of an elected municipal officer, or his or her recall from office, notice of the cause of disqualification or vacancy in the office shall be given to the incumbent office holder at least ten days prior to a hearing before the remaining members of the Mayor and Council, who following the hearing shall determine if a vacancy in the office exists.

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(c) Elections for the members of the Mayor and Council shall be held and conducted by the Coweta County Board of Elections and Registration in accordance with Chapter 2 of Title 21 of the O.C.G.A. or other such laws as are or may hereafter be enacted. All city elections shall be conducted "at-large"; provided, however, candidates for council shall qualify for a numbered seat or post, without any district or residency requirement. All qualified electors residing within the city may vote for candidates in any city elections. (d) Members of the Mayor and Council shall serve a term of four years and until their successors are duly elected and qualified. Before assuming the duties of the office or exercising the powers thereof, a newly elected member of the Mayor and Council shall be sworn before any federal or state judicial officer, or any officer of this state duly authorized to administer oaths, at any time following certification of his or her election. Except for Mayor and Council members elected to fill unexpired terms, newly elected Mayor and Council members shall take office at the first regular meeting in January following their election. (e) The two councilmembers serving upon the effective date of this Act who were elected to a four-year term in the municipal general election conducted on the Tuesday following the first Monday in November, 2011, shall continue to serve until their successors are elected and duly sworn following the municipal general election to be held on the Tuesday following the first Monday in November, 2015. Two councilmembers and the mayor shall be elected in a municipal general election conducted on the Tuesday following the first Monday in November, 2013, and shall serve a term of four years and until their successors are elected and duly sworn. Thereafter, municipal elections shall continue to be held on a staggered basis. (f) Members of the Mayor and Council shall receive compensation and expenses for their services as provided by an ordinance enacted in accordance with O.C.G.A. 36-35-4. (g) No member of the Mayor and Council shall serve more than three consecutive terms as a councilmember, and no member shall serve more than two consecutive terms as mayor; provided, however, no person shall hold the elective offices of councilmember and mayor, in any combination, for more than five consecutive terms. Upon completion of the term limits imposed hereunder, no member shall immediately succeed himself or herself in a city elective office. This limitation shall apply only to those members elected to office in the municipal general election held on the Tuesday following the first Monday in November, 2013, and subsequent municipal general elections.

SECTION 2.3. Majority vote not required.

The candidate for member of the Mayor and Council who receives a plurality of the votes cast by all qualified electors voting in the election shall be declared elected.

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SECTION 2.4. Oath of Office.

Upon entering each term of elected office, each member of the Mayor and Council shall take and subscribe to the following written oath:

"I do solemnly swear and affirm that I will faithfully and honestly discharge the duties of office of Mayor/Councilmember of the City of Senoia, Georgia, to the best of my skill and knowledge, in accordance with its charter and all applicable laws. I do further swear that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof, and I will well and truly account for and pay over all public moneys and property that may come into my hands during my term of office. I do further swear that I am not the holder of any office of trust under the government of the United States, this state, or any foreign state, which by the laws of the State of Georgia would prohibit me from holding municipal elected office. I do further swear that I am qualified to hold the office of Mayor/Councilmember of the City of Senoia according to the Constitution and laws of Georgia. I do further swear that I will support the Constitution of the United States and the Constitution of the State of Georgia. I do further swear that I am a resident of the city and have been a resident of the city for more than 12 months as required by the laws of this state and charter of the city. So help me God."

SECTION 2.5. Vacancy; filling of vacancies in office.

(a) The office of a member of the Mayor and Council shall become vacant upon the occurrence of any event specified by the Constitution or general laws of this state or upon the incumbent Mayor and Council member losing the qualifications required for holding the office. (b) A vacancy in the office of Mayor and Council shall be filled for the remainder of the unexpired term, if any, by appointment of the Mayor and Council if less than 18 months remains in the unexpired term; otherwise, by a special election, as provided in Title 21 of the O.C.G.A., or other such laws as are or may hereafter be enacted.

SECTION 2.6. Quorum for Mayor and Council meeting; voting; conflicts of interest.

(a) The mayor and two councilmembers, or any three councilmembers, shall constitute a quorum. In order to enact ordinances or take action, the vote of a majority of those present shall control. An abstention, except when based upon the member's disqualification for announced conflict of interest or other legal grounds, shall be counted as an affirmative vote. Except when a roll call vote is requested by any member, votes may be cast by voice ("aye"

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or "nay") or by show of hands. The mayor shall announce all votes and declare each matter approved or rejected. (b) No Mayor and Council member shall hold any other city office or city employment during the term for which that person was elected. A member may serve, by appointment of the Mayor and Council, on boards, authorities, and commissions only if specifically allowed by general law. (c) No Mayor and Council member shall vote, act upon, or seek to influence the approval or rejection of any ordinance, resolution, contract, or other matter within the official jurisdiction of the city in which that person is financially interested. Any Mayor and Council member having a financial interest, directly or indirectly, in any ordinance, resolution, contract, or matter pending before or within a department of the city shall publicly disclose such interest, in writing, to the Mayor and Council at the earliest opportunity and disqualify himself or herself from participating in any decision or vote relating thereto.

SECTION 2.7. Meetings of the Mayor and Council.

(a) Except as otherwise provided by law, all meetings of the Mayor and Council shall be called, noticed, posted, and conducted in compliance with O.C.G.A. 50-14-1, "The Georgia Open Meetings Law." All votes at any meeting shall be taken in public after due notice of the meeting and compliance with the posting and agenda requirements of the law, and the presence of a quorum, have been certified by the mayor or presiding officer. The city clerk shall keep minutes of all proceedings and shall summarily record all actions of the Mayor and Council therein; provided, however, at a minimum, the minutes shall include the names of the members present at the meeting, a description of each motion or other proposal made, the identity of the member making and seconding the motion or proposal, and a record of all votes. (b) At the last regular meeting in December of each year, the Mayor and Council shall prescribe, by resolution, the time, place, and dates of regular meetings for the ensuing calendar year. This schedule shall be posted and maintained in a conspicuous place available to the public, on the city's website, and available to the public upon request.

SECTION 2.8. Rules of procedure.

The Mayor and Council may adopt rules of procedure and orders of business consistent with the provisions of this charter and general law. In the absence of such procedures, should a parliamentary question arise, the mayor shall follow Rosenberg's Rules of Order (League of California Cities, 2003) to resolve such dispute. Procedural rules and similar administrative matters affecting governance of the city may be adopted by resolution instead of ordinance.

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SECTION 2.9. Inquiries and investigative powers.

(a) The Mayor and Council shall exercise general legislative oversight over all elected and appointed officers, departments, agencies, and employees of the city and shall have the right, from time to time as a majority of such Mayor and Council deems necessary, to call upon such officers and employees for an accounting of their actions in the performance of their official duties; provided, however, that if a code of ethics and procedures for the enforcement of alleged violations of such code of ethics has been adopted by ordinance, such ordinance shall take precedence over this section. (b) Following the adoption of an authorizing resolution defining the scope thereof, the Mayor and Council may conduct inquiries and make investigations into the affairs of the city, its elected and appointed officers, and the conduct of any department, agency, or employee thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony under oath or affirmation, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers shall be punished as provided by ordinance.

SECTION 2.10. Duties of Mayor.

The mayor shall be the chief executive officer and shall preside at all meetings of the Mayor and Council. The mayor shall be entitled to make or second any motion or other proposal and to vote on all motions, proposals, or other matters brought before the Mayor and Council for action. The mayor (or in his or her absence, the mayor pro tem) shall sign all orders, checks, and warrants for the payment of any moneys out of the treasury of the city and shall execute on behalf of the city all contracts, deeds, notes, and other legal documents. Whenever a duty of the mayor is expressly defined by general state law or this charter, and the mayor fails or refuses to perform the same, the council, by the vote of at least three councilmembers, may direct the mayor to perform such duty, including directives to sign any order, check, warrant, contract, deed, or other obligation, and upon such vote taken for that purpose, it shall be the duty of the mayor to execute the same. The mayor shall have the power to appoint committees of the Mayor and Council, naming the members of the committee and designating a chairperson; define, in writing, its scope and purpose; and the duties or responsibilities of such committees. The mayor shall also accept notices given pursuant to O.C.G.A. 36-33-5 and personal service of summons and complaints on behalf of the city.

GEORGIA LAWS 2013 SESSION
SECTION 2.11. Mayor Pro Tem.

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The mayor shall designate, in writing, a member of the council to serve during the absence or physical or mental disability of the mayor, who shall be known as the mayor pro tem. This appointment may be changed periodically at the mayor's discretion. In the absence or unavailability of the designated mayor pro tem, any councilmember, chosen by a majority vote of the council, may serve as mayor pro tem. The mayor pro tem shall be clothed with all the rights and privileges of the mayor while acting in such position and shall perform the duties of mayor so long as his or her absence or disability shall continue. While serving as mayor pro tem, he or she shall only have one vote as a member of the council.

ARTICLE III APPOINTIVE OFFICERS AND EMPLOYEES
SECTION 3.1. Officers other than Mayor and Council enumerated.

There shall be as appointive public officers of the City of Senoia the following: (1) City manager; (2) City attorney; (3) City clerk/records management officer; (4) Judge of the municipal court; (5) Solicitor of the municipal court; (6) Municipal court clerk; (7) Open records officer; (8) Municipal elections superintendent and/or municipal registrar; and (9) Such additional officers and/or deputy officers as the Mayor and Council, by ordinance, shall create, defining therein the duties and compensation for such officers.

SECTION 3.2. City manager.

(a) The Mayor and Council shall appoint a city manager for an indefinite term and shall fix the manager's compensation. The manager shall be appointed solely on the basis of administrative and professional qualifications and experience, without political favor or affiliation, and shall, at a minimum, be:
(1) The holder of a bachelor's degree or higher in management, public administration, public finance, public policy, urban planning and community development, or any comparable field; (2) At least 21 years of age; (3) Of good moral character; and

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(4) Free of a history of conviction for any felony or misdemeanor involving moral turpitude. Although an "at-will employee" of the Mayor and Council and not subject to a contract of employment for a fixed or designated term, the Mayor and Council, as an incentive to hiring a qualified individual, may enter into a written agreement with the city manager setting a reasonable severance benefit, not to exceed six months' pay if terminated without good cause, which shall be deemed deferred compensation. (b) The city manager shall be the administrative and fiscal head of the city's government and shall devote his or her entire time and attention to the office. Except for purposes of inquiries and investigations under Section 2.9 of this charter, the Mayor and Council shall deal with all officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the Mayor and Council nor its individual members shall give orders or direction to any such officer or employee, either publicly or privately, other than the city manager. (c) By written designation filed in the city's minutes, the city manager shall designate, subject to approval of the Mayor and Council, a qualified city administrative officer to exercise the powers and perform the duties of the city manager during the city manager's temporary absence or physical or mental disability. During any prolonged 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 manager shall return or his or her disability shall cease. (d) The city manager shall be responsible to the Mayor and Council for the administration of all city affairs placed in his or her charge under this charter, by general law, or by ordinance or resolution of the Mayor and Council. As the chief administrative officer, the city manager shall appoint and fix the compensation and benefits for all administrative department managers, subject to budgetary approval of the Mayor and Council, and approve the hiring of all subordinate employees; provided, however, that all such managers and employees shall serve for an indefinite term at the pleasure of the city manager, unless provided otherwise by personnel ordinance. Upon approval of the Mayor and Council, by resolution, and within the constraints of the annual operating budget, the city manager shall establish, and from time to time may revise, the administrative organization of the city. As necessary for the good of the city, the city manager may suspend or remove all administrative department managers and employees, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. (e) The city manager is employed at will and may be summarily removed from office, without cause or notice, at any time upon the affirmative vote of at least four members of the Mayor and Council.

GEORGIA LAWS 2013 SESSION
SECTION 3.3. Duties of the city manager.

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As the chief administrative officer the city manager shall: (1) Direct and supervise the administration of all departments and agencies of the city, unless otherwise restricted by law or this charter; (2) Attend all meetings of the Mayor and Council and have the right to participate in discussion, but not vote; provided, however, that the city manager shall have no right to attend closed meetings of the Mayor and Council held for the purpose of deliberating upon the appointment, compensation, discipline, or removal of the city manager; (3) See that all laws, provisions of this charter, and ordinances of the city are faithfully executed and performed, subject to delegation to subordinate officers, managers, and employees. It shall be the duty of the city manager to supervise performance by his or her delegates at all times; (4) Prepare and submit to the Mayor and Council a proposed annual operating budget and capital project budgets for the city and its enterprise funds sufficiently in advance of the next fiscal year. Upon approval by the Mayor and Council, the budgets shall serve as an appropriations ordinance for the line items indicated therein and a level of control over the city manager's authority to commit or expend city funds; (5) Submit to the Mayor and Council on a timely basis monthly financial operating reports and an annual audit showing the financial position of the city, its departments, and its utilities at fiscal year end; (6) Make monthly written reports to the Mayor and Council of administrative activities concerning the operations of the city, its departments, and its utilities under the city manager's supervision and such other reports as the Mayor and Council may require or request; (7) Keep the Mayor and Council fully informed as to the financial condition of the city and its future needs and make recommendations to the Mayor and Council concerning the financial affairs of the city; and (8) Perform such other duties as are specified in this charter, by general law, or as from time to time are required by the Mayor and Council by ordinance or resolution.

SECTION 3.4. City attorney.

There shall be appointed by the Mayor and Council a city attorney, who shall hold office and serve at the pleasure of the Mayor and Council. The city attorney shall be a member of the State Bar of Georgia in good standing, having at least five years' experience in the practice of law and familiarity in the field of municipal law. The city attorney shall perform the duties of chief legal officer of a municipal corporation, whose duties shall include prosecution and defense of legal actions brought in the name of or filed against the city, its

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officers, and its employees in any court; code enforcement and abatement of public nuisances; drafting and review of ordinances, contracts, and other legal documents; general counsel to the Mayor and Council and city manager; and legal oversight over operations of the city, its departments, and its utilities. The Mayor and Council shall fix the compensation for the office and determine, by ordinance or contract, whether the officer shall be full time or part time; provided, however, that the city attorney shall at all times be subject to the Georgia Rules of Professional Conduct. The city attorney may be removed from office at any time, without cause or notice, upon the affirmative vote of at least four members of the Mayor and Council.

SECTION 3.5. City clerk.

There shall be appointed by the Mayor and Council a city clerk, who shall serve at the pleasure of the Mayor and Council. Such officer shall be, at a minimum, at least 18 years of age, a high school graduate or have completed a general education degree equivalent, exhibit basic skills in office management, and possess such minimum qualifications as established by general law, if any. The city clerk shall complete such statutory training and certification requirements, within the time allowed by law, as may now or hereafter be required for the office. The Mayor and Council shall fix the compensation for the office by ordinance or resolution. The city clerk may be removed from office at any time, without cause or notice, upon the affirmative vote of at least four members of the Mayor and Council. The city clerk shall attend all meetings of the Mayor and Council and perform such duties as imposed upon the clerk to the governing body of a municipal corporation by general state law, by this charter, or as expressly assigned by ordinance or resolution of the Mayor and Council. Unless the Mayor and Council has appointed a person to act as the city's records management officer, pursuant to O.C.G.A. 50-18-99, the city clerk shall also perform the duties of records management officer.

SECTION 3.6. Municipal court judge.

(a) There shall be appointed by the Mayor and Council a judge of the municipal court, whose service shall be defined by ordinance as to term, whether part time or full time, and compensation, subject to the Rules of the Judicial Qualifications Commission. Such judge shall be a member of the State Bar of Georgia in good standing, having at least seven years' experience in the practice of law. The judge shall preside over all sessions of the Municipal Court of the City of Senoia, Georgia, and perform all judicial functions required by general law and this charter. The judge may be removed from office at any time, but only for good cause shown, upon the affirmative vote of at least four members of the Mayor and Council. Before assuming the duties of the office, the person appointed municipal court judge shall

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subscribe to the following oath: "I swear (or affirm) that I will well, faithfully, and impartially and without fear, favor, or affection discharge my duties as judge of the Municipal Court for the City of Senoia, Georgia." (b) The Mayor and Council may also appoint one or more assistant municipal court judges to hold and preside over the municipal court in the absence, disability, or disqualification of the municipal court judge, and shall set the term and compensation thereof by resolution. Assistant judges shall possess all qualifications and satisfy all training requirements for the office of municipal court judge. While presiding, the assistant municipal court judge(s) shall have and may exercise all powers and duties of the municipal court judge as granted by law or this charter. (c) In addition to the powers and duties granted by law or this charter, the judge and assistant judge(s) of the municipal court shall have and may exercise the same powers and authorities as magistrates in the matter of and pertaining to criminal cases of whatever nature returnable to the several courts of this state.

SECTION 3.7. Municipal court solicitor.

(a) There shall be appointed by the Mayor and Council a solicitor of the municipal court, whose service shall be defined by ordinance as to term, whether part time or full time, and compensation, subject to the Georgia Rules of Professional Conduct. Such solicitor shall be a member of the State Bar of Georgia in good standing, having at least three years' experience in the practice of law. The solicitor may be removed from office at any time, but only for good cause shown, upon the affirmative vote of at least four members of the Mayor and Council. ( b) The solicitor shall be the prosecuting attorney of the municipal court and shall represent the City of Senoia, Georgia, before such court in all matters pertaining to ordinance violations, misdemeanor offenses triable in municipal court, and such other duties as set forth by law, particularly in O.C.G.A. 15-18-96. The person appointed as solicitor shall be licensed to practice law in this state and admitted to practice before the trial and appellate courts of this state. The solicitor shall satisfactorily complete any required training for such office within the time allowed by law. Before assuming the duties of the office, the person appointed as solicitor shall subscribe to the following oath: "I swear (or affirm) that I will well, faithfully, and impartially and without fear, favor, or affection discharge my duties as Solicitor of the Municipal Court for the City of Senoia, Georgia." (c) If the solicitor is disqualified from engaging in the prosecution of a particular case or is unable to perform the duties of such office due to illness or incapacity, the city attorney or his or her designee shall serve as substitute prosecuting attorney until such time as the solicitor is available unless an assistant solicitor has been appointed by the Mayor and Council.

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SECTION 3.8. Municipal court clerk.

There shall be appointed by the Mayor and Council a clerk of the municipal court, who shall serve at the pleasure of the Mayor and Council. Such officer shall possess the qualifications established by law and complete such certification requirements, within the time allowed by law, as may now or hereafter be required for the office. The Mayor and Council shall fix the compensation for the office by ordinance or resolution. The municipal court clerk may be removed from office at any time, without cause or notice, upon the affirmative vote of at least four members of the Mayor and Council.

SECTION 3.9. Open records officer.

There may be appointed by the Mayor and Council an open records officer who shall serve at the pleasure of the Mayor and Council. Such officer shall possess the qualifications established by law and complete such certification requirements, within the time allowed by law, as may now or hereafter be required for the office. The Mayor and Council shall fix the compensation for the office by ordinance or resolution. The open records officer may be removed from office at any time without cause or notice upon the affirmative vote of at least four members of the Mayor and Council. The open records officer shall perform the duties set forth at O.C.G.A. 50-18-71(b) relating to acceptance and compliance with open records requests.

SECTION 3.10. Municipal elections superintendent and municipal registrar.

There shall be appointed by the Mayor and Council a municipal elections superintendent, who shall also serve as municipal registrar; provided, however, that where the duties of municipal elections superintendent are being performed, under ordinance or contract, by the Coweta County Board of Elections and Registration, such officer shall only perform the duties of municipal registrar as established in Title 21 of the O.C.G.A., the "Georgia Election Code." This officer shall serve at the pleasure of the Mayor and Council, who shall fix the compensation for the office by ordinance or resolution. This officer may be removed from office at any time, without cause or notice, upon the affirmative vote of at least four members of the Mayor and Council.

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SECTION 3.11. Assistant appointive officers.

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Upon recommendation of the city manager and approval by the Mayor and Council, the appointive officers named or described above may designate deputies or assistants, as necessary, and delegate such duties and functions of the office, in writing, to such deputies or assistants as the officers deem proper. When acting in the place and stead of the appointive officer, such deputies or assistants shall enjoy the same rights and immunities as the appointive officer.

SECTION 3.12. Oaths of appointive officers; bonds.

(a) Before exercising the duties of office, all appointive officers and their deputies shall appear before any officer duly authorized by law to administer an oath and subscribe the oath of office as required by law. Official oaths shall be filed in the office of the Judge of the Probate Court of Coweta County, Georgia. (b) All appointive officers and their deputies shall give bond, with good and sufficient surety, payable to the Mayor and Council, in the amount established by ordinance for the specific office, conditioned upon the faithful discharge of the duties of the office by the officer during such time he or she continues in office or discharges the duties thereof, and such other conditions as the Mayor and Council may require, by ordinance. In the absence of an ordinance or resolution specifying the amount of bond required, the amount of such bond shall not be less than $100,000.00. All bonds shall be filed in the office of the Judge of the Probate Court of Coweta County, Georgia. Where authorized by law, blanket bonds for one or more appointive officers may be accepted in lieu of individual bonds.

ARTICLE IV JUDICIAL BRANCH
SECTION 4.1. Creation; name.

There shall be a court having all of the jurisdiction afforded by this charter and general law known as the Municipal Court of the City of Senoia, Georgia. The municipal court shall convene, upon order of the judge, at regular intervals as often as necessary to try and punish violations of this charter, all city ordinances, and such other laws over which it has jurisdiction.

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SECTION 4.2. Procedure; rules of court.

The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to compel the presence of all parties necessary to a proper disposal of each case by issuance of summons, subpoenas, and warrants which may be served or executed by any officer authorized by law; to enforce obedience to orders, judgments, and sentences, including the express power to punish by contempt of court; and to administer oaths as necessary. The judge shall have full power and authority to make and publish reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court, including public access to court records for inspection and copying; provided, however, that all rules and regulations so adopted shall be filed with the municipal court clerk and made available for public inspection and copying. Upon request, a copy shall be furnished to all defendants and their attorneys at least 48 hours prior to such proceedings.

SECTION 4.3. Certiorari.

In those cases where a right of appeal does not exist by law, the right to certiorari from the final decision and judgment of the municipal court shall exist in all ordinance violation cases, and such certiorari shall be obtained under the sanction of the judge of the Superior Court of Coweta County, Georgia, as provided by law.

ARTICLE V POWERS GENERALLY
SECTION 5.1. General corporate powers.

As a body corporate the city may sue and be sued; have and use a common seal; own, purchase, have, hold, receive, and enjoy any estate, whether real, personal, or any other kind, located inside or outside the limits of the city; and may, subject to general law governing sale, leasing, or disposition of property, sell, lease, or dispose of the same for the benefit of the city, as the Mayor and Council at any regular or called meeting may adjudge proper and right.

SECTION 5.2. Powers enumerated.

The Mayor and Council shall have full power and authority to adopt such reasonable ordinances and regulations as it may deem proper, not in conflict with the Constitution of the

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United States or the Constitution of Georgia or otherwise preempted by the general laws of this state, including, without limitation, 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 regulations. To regulate and to license the erection and construction of buildings and all other structures; to enforce building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and construction trades; provided, however, that where standardized technical codes are to be enforced, a copy of the adopted technical code or regulation shall be available for inspection and copying in the city manager's office during reasonable business hours; (4) Business regulation and taxation. To levy and to provide for the collection of occupation taxes, sales and use taxes, or other excise taxes on businesses, 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 as allowed by law; to provide for the manner and method of payment of regulatory fees; and to revoke permits after due process for failure to pay regulatory fees or failure to meet other regulatory requirements; (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 corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations for the express purposes allowed by law. To be binding upon the city, all contracts shall be in writing, approved by the city attorney as to form, authorized by a vote of the Mayor and Council, and spread upon its minutes. All contracts signed by the mayor, attested by the city clerk, and bearing the city seal shall carry the presumption of validity and authenticity; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city through the preservation and improvement of air quality, the restoration and maintenance of water resources and storm waters, the control of erosion and

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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) 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; (11) 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; (12) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (13) 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; (14) Municipal agencies and delegation of power. To create, alter, or abolish, by ordinance, committees, boards, and agencies of the city, and to confer upon such entities the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; to establish the qualifications and duties of members; to provide for the compensation and reimbursement of members' expenses, provided that all board members shall serve at will and may be removed at any time without cause or notice. Except where otherwise prescribed by law, all appointees shall be nominated by the mayor and affirmed by majority vote of the council. No board member shall hold elective or appointive office or employment in the city during their appointment, unless authorized by general law or this charter; (15) Municipal debts. To appropriate and borrow money, including temporary borrowings, 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; (16) 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, on such terms as the Mayor and Council, in its sole discretion, shall deem appropriate; (17) 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; (18) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of municipal utilities, including, but not limited to, a system of public water supply,

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treatment, and distribution, a system for the collection, treatment, and disposal of sewerage and storm water, gas works, electric distribution and generation facilities, cable television, telephone and other telecommunications facilities, transportation facilities, transit systems, 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. Such municipal systems may be operated, both inside and outside the territorial boundaries of the city, as a utility or enterprise fund; (19) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (20) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and limitations imposed by the laws of the State of Georgia; (21) Planning and zoning. To provide comprehensive city planning; to classify property and land uses by zoning; and to provide development regulations and the like as the Mayor and Council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (22) Police and fire protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police agency and a fire-fighting agency; (23) 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; (24) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detention, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside or outside the corporate limits of the city; and to regulate the use of public improvements. 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; (25) Public peace. To provide for the prevention and punishment of drunkenness, riots, public disturbances, and disorderly conduct; (26) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (27) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations, standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (28) Regulation of rights of way and roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, utilities, and any and all other structures or obstructions upon or adjacent to the rights of

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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; (29) Retirement and benefit plans. To provide and maintain a retirement plan and other benefit plans for officers and employees of the city; provided, however, that all such plans shall be nondiscriminatory; (30) 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; (31) Solid waste collection and disposal. To levy, fix, assess, and collect solid waste collection and disposal fees, and other sanitary service charges, taxes, or fees for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein 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; (32) Special areas of public regulation. Unless prohibited by general law, to regulate junk dealers, pawn shops, and the manufacture, sale, or transportation of intoxicating liquors; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax or regulate, professional fortunetelling, palmistry, adult entertainment, adult bookstores, and massage parlors; (33) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (34) Taxes: ad valorem. To levy and provide for the levy and collection of taxes on all property subject to taxation; to grant, by local law approved at a referendum called for that purpose, such exemptions from taxation and the amount thereof as allowed by law; (35) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (36) Taxicabs and vehicles for hire. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (37) Urban redevelopment. To organize and operate urban redevelopment agencies and conduct urban redevelopment programs; provided, however, that the city shall not exercise the powers granted in O.C.G.A. 36-44-1, et seq., the "Redevelopment Powers Law,"

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unless so authorized by a separate local law and approval at a referendum called for that purpose; (38) 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. 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.

ARTICLE VI TRANSITION, REPEALER, AND EFFECTIVE DATE
SECTION 6.1. Existing code and prior ordinances.

All provisions of the Code of Senoia, Georgia, and any uncodified 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 expressly amended or repealed by ordinance enacted by the Mayor and Council.

SECTION 6.2. Existing personnel and officers.

Except as specifically provided otherwise by this charter, all personnel and appointive officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 180 days before or during which the Mayor and Council shall pass a transition ordinance detailing any 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 6.3. 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 the appropriate city officer, departments, agencies, or personnel.

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SECTION 6.4. Construction.

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

SECTION 6.5. Severability.

If any article, section, subsection, paragraph, or 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, and sentence or part thereof be enacted separately and independent of each other.

SECTION 6.6. Specific repealer.

An Act providing a new charter for the City of Senoia, approved April 19, 2000 (Ga. L. 2000, p. 3806), and the amendatory Act thereto, approved May 6, 2009 (Ga. L. 2009, p. 3737), are repealed in their entireties; provided, however, no elected official's term of office shall be modified or terminated and those elected officers serving a term as of January 1, 2014, shall complete the term to which elected. Officers elected in the municipal general election to be held on the Tuesday following the first Monday in November, 2013, shall take office on January 1, 2014, under the provisions of this charter.

SECTION 6.7. Effective date.

This charter shall become effective on January 1, 2014, provided it is submitted to the U.S. Department of Justice, Civil Rights Division, under Section 5 of the Voting Rights Act of 1965, as amended, for preclearance within 60 days following certification of its enactment by the Secretary of State, with a copy thereof to the Attorney General of Georgia. No portion of this charter shall be implemented or enforced until final receipt of notice of preclearance from the U.S. Attorney or his or her designee in an administrative proceeding under Section 5, or until precleared by Declaratory Judgment of the United States District Court for the District of Columbia.

GEORGIA LAWS 2013 SESSION SECTION 6.8. 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 hereby given that there will be introduced at the regular 2013 Session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Senoia, approved April 19, 2000, Ga. Laws 2000, p. 3806, as amended; and for other purposes.
This 20th day of December, 2012.
Matt Ramsey Representative - District 72
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Matt Ramsey, who on oath deposes and says that he is the Representative from District 72 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times-Herald which is the official organ of Coweta County on December 21, 2012 and that the notice requirements of Code Section 28-1-14 have been met.
s/ MATT RAMSEY Matt Ramsey Representative, District 72
Sworn to and subscribed before me, this 13th day of February, 2013.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)
Approved April 24, 2013.

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IRWIN COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION.

No. 76 (Senate Bill No. 254).

AN ACT

To create a board of elections and registration for Irwin County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created the Board of Elections and Registration of Irwin County, hereinafter referred to as "the board." The board shall have the powers, duties, and responsibilities of the superintendent of elections of Irwin County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," currently being exercised by the judge of the Probate Court of Irwin County, and the powers, duties, and responsibilities of the Board of Registrars of Irwin County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

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

SECTION 3. (a) The board shall be composed of three members each of whom shall be an elector and resident of the county at the time of appointment and for at least one year prior thereto, and who shall be appointed as provided in this section.

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(b) One member of the board shall be nominated by the political party whose candidate for the office of Governor at the last election for such office received the highest number of votes cast for such office within the county. One member of the board shall be nominated by the political party whose candidate for the office of Governor at the last election for such office received the second highest number of votes cast for such office within the county. If there is no county executive committee of a political party, then the nomination shall be made by the local legislation delegation. Each of these two respective members nominated by political parties shall be ratified by the county executive committee of the respective political party at least 30 days before the beginning of the term of office or within 30 days after the creation of a vacancy in the office, and upon such approval, the nomination shall be immediately submitted to the Board of Commissioners of Irwin County for approval at a regular or called meeting of the board of commissioners. Should the board of commissioners fail to approve a nominee by a majority vote, a new nominee shall be nominated and submitted for approval in the same manner. (c) The remaining member shall be the chairperson of the board. The chairperson shall be appointed by the commissioners, subject to the approval of the Irwin County local delegation to the General Assembly. (d) The initial appointments to the board shall be made at least 30 days prior to January 1, 2014. The term of each initial member shall commence on January 13, 2014, and each such initial member shall serve until the day immediately preceding the second Monday in January of 2015. Thereafter, terms shall coincide with each regular biennium of the General Assembly.

SECTION 4. No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective office, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office.

SECTION 5. The commissioners shall certify the appointment of each member of the board by filing an affidavit with the clerk of the superior court no later than 15 days preceding the date upon which such members are to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.

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SECTION 6. Each member of the board shall be eligible to serve successive terms, shall have the right to resign at any time by giving written notice of such resignation to the appointing body and to the clerk of the superior court, and shall be subject to removal from the board by the appointing body at any time, for cause, after notice and hearing, in the same manner and by the same authority as provided for the removal of registrars.

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

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

SECTION 9. (a) The board shall be authorized to organize itself, determine its procedural rules and regulations, adopt bylaws, specify policies for the functions and duties of its employees and poll workers, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. Action and decision by the board shall be by a majority of the members of the board. The chairperson of the board shall have sole authority, within the policies established by the full board, over retention, termination, and discipline of employees, as well as training of poll workers in primaries and elections, such poll workers to be appointed by the chairperson. (b) The chairperson shall be authorized to employ such full-time and part-time employees, including poll workers, as may be deemed necessary by the chairperson and as approved in the annual budget adopted by the governing authority of Irwin County. (c) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall have regular monthly meetings and shall meet not fewer than three times per year. Any specially called meeting shall be called by the chairperson or any two members of the board. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review.

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

SECTION 11. Compensation for the members of the board, clerical assistants, and other employees shall be fixed by the commissioners. Such compensation shall be paid wholly from county funds.

SECTION 12. The chairperson of the board shall be the chief executive officer of the board and shall generally supervise, direct, and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction.

SECTION 13. The commissioners shall provide the board with such proper and suitable offices, equipment, materials, and supplies and with such clerical assistance and other employees as the commissioners shall deem appropriate.

SECTION 14. This Act shall become effective on July 1, 2013. On January 13, 2014, the superintendent of elections and the board of registrars 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 Irwin County shall stand abolished. All elections conducted during 2013 shall be conducted by the superintendent of elections and the board of registrars.

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

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to create a board of elections and registration in Irwin County, Georgia; to provide a method for the appointment, resignation, and removal of members; to provide for compensation for the members of the board; to provide for other matters relative to the foregoing; and for other purposes.

3742

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tyler Harper, 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 Ocilla Star which is the official organ of Irwin County on January 23, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TYLER HARPER Tyler Harper Senator, District 7

Sworn to and subscribed before me, this 14th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

CHATHAM COUNTY MAGISTRATE COURT; PRO TEMPORE MAGISTRATES APPOINTED BY CHIEF MAGISTRATE.

No. 77 (Senate Bill No. 256).

AN ACT

To amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, approved March 21, 1984 (Ga. L. 1984, p. 4422), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3751), so as to provide that the chief magistrate of Chatham County shall appoint any pro tempore magistrates; 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 making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, approved March 21, 1984 (Ga. L. 1984, p. 4422), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3751), is amended by revising subsection (c) of Section 3 as follows:
"(c) On and after the effective date of this Act, no additional full-time magistrates shall be appointed. The full-time magistrates appointed prior to the effective date of this Act shall serve the remainder of their terms and until their successors have been duly elected and qualified. Successors to the full-time magistrates serving on the effective date of this Act shall be elected at the same time, in the same manner, and for the same term as the chief magistrate and shall meet the qualifications of a magistrate as provided in Chapter 10 of Title 15 of the O.C.G.A. The chief magistrate shall appoint any part-time and pro tempore magistrates."

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 2013 session of the General Assembly of Georgia a bill to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, approved March 21, 1984 (GA. L. 1984; p. 4422), as amended, particularly by an Act approved March 27, 1995 (GA. L. 1995,; p. 3751); 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 March 12, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ LESTER JACKSON Lester Jackson Senator, District 2

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 12th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

TOWN OF TRION MAYOR AND COUNCIL; QUORUM AND VOTING.

No. 78 (Senate Bill No. 258).

AN ACT

To amend an Act to provide a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), so as to provide for a quorum and voting by the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), is amended by revising Section 2.21 as follows:

"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 a majority of the councilmembers present at a meeting in which a quorum is present shall be required for the adoption of any ordinance, resolution, or motion; provided, however, that, in the event of a tie between councilmembers, the mayor may vote and cast the deciding vote for the adoption of the ordinance, resolution, or motion being considered."

GEORGIA LAWS 2013 SESSION
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

3745

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act to provide a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), so as to provide for a quorum and voting by the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senator Jeff Mullis District 53

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeff Mullis, who on oath deposes and says that he is the Senator from District 53 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Summerville News which is the official organ of Chattooga County on March 7, 2013, 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 20th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

3746

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II CITY OF FORT OGLETHORPE DEANNEXATION.

No. 79 (Senate Bill No. 259).

AN ACT

To amend an Act providing a new charter for the City of Fort Oglethorpe, approved April 1, 1996 (Ga. L 1996, p. 3892), as amended, so as to change the corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing a new charter for the City of Fort Oglethorpe, approved April 1, 1996 (Ga. L 1996, p. 3892), as amended, is amended by adding a new subsection to Section 1.11 to read as follows:
"(d) After the effective date of this subsection, the boundaries of the city shall not include the territory described as follows:
All that tract or parcel of land lying and being in Original Land Lot Nos. 126 and 127 in the 9th District and 4th Section of Catoosa County, Georgia and in Land Lot No. 126 in the 28th District and 3rd Section of Catoosa County, Georgia and being more particularly described as follows:
Beginning at a point located on the south right of way line of State Highway 2A (a public road with a variable right of way) said point being located north 01 degree 40 minutes 06 seconds west a distance of 145.20 feet with and along the east original line of said Land lot No. 126 in the 9th District and 4th Section, Catoosa County from the southeast corner thereof; thence south 77 degrees 34 minutes 19 seconds east with and along the south right of way line of State Highway 2A a distance of 140.29 feet to a concrete monument; thence south 76 degrees 53 minutes 00 seconds east continuing along the south right of way line of State Highway 2A a distance of 208.14 feet to an iron rod; thence south 52 degrees 13 minutes 51 seconds west a distance of 436.35 feet to an iron pipe located in the southeast corner of Land Lot No. 126 in the 28th District and 3rd Section; thence south 00 degrees 53 minutes 59 seconds east with and along the west line of Land Lot NO. 127 in the 28th District and 3rd Section a distance of 1018.16 feet to an oak tree; thence north 89 degrees 54 minutes 13 seconds west a distance of 1568.69 feet to a fence corner; thence north 00 degrees 01 minute 08 seconds east a distance of 509.88 feet to an iron pin located in the centerline of a ditch; thence with and along the meanderings of the centerline of said ditch the following chords and distances: south 83 degrees 00 minutes 35 seconds east, 100.53 feet; south 79 degrees 53 minutes 49 seconds east, 169.83 feet; north 68 degrees 45 minutes 05 seconds east, 141.66 feet; north 25 degrees 14 minutes 31 seconds east,

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113.32 feet; north 07 degrees 48 minutes 41 seconds east, 204.06 feet; and north 25 degrees 36 minutes 22 seconds east, 144 feet to an iron pin; thence north 08 degrees 00 minutes 23 seconds east a distance of 236 feet to a spike; thence north 88 degrees 43 minutes 53 seconds east a distance of 196.40 feet to an iron rod; thence north 05 degrees 33 minutes 23 seconds east a distance of 297.35 feet to an iron rod; thence north 07 degrees 14 minutes 44 seconds east a distance of 92.94 feet to an iron rod located in the south right of way line of State Highway 2A; thence south 76 degrees 40 minutes 37 seconds east with and along the south right of way line of State Highway 2A a distance of 358.25 feet to a nail; thence south 76 degrees 40 minutes 37 seconds east continuing along the south right of way line of State Highway 2A a distance of 179.50 feet to a concrete monument; thence south 15 degrees 52 minutes 23 seconds west with and along an offset in the south right of way line of State Highway 2A a distance of 44.80 feet to a concrete monument; thence south 77 degrees 34 minutes 19 seconds east continuing along the south right of way line of State Highway 2A a distance of 245.44 feet to the point of beginning.

There is also conveyed the permanent private way and easement described in Judgment in the case of Bernard H Brown, et al V. Samuel D Wise, Catoosa County Civil Action Case No. 96CV30187 and recorded in Deed Book 1239, page 443 in the Office of the Clerk of the Superior Court of Catoosa County, Georgia.

Reference is made to a survey plat of the above described property prepared by Larry Newman, Georgia Registered Surveyor dated January 3, 2006 and review March 22, 2006 which said plat is by reference incorporated herein.

Subject to and together with a 50 foot easement for ingress, egress and to place utilities upon which said easement is shown by dotted lines on the above referenced plat and as set out in Deed Book 1091, page 307 and in Deed Book 793, page 44 in the Office of the Clerk of the Superior Court of Catoosa County, Georgia.

Subject to Georgia Department of Transportation conditions, restrictions and requirements for access from the above described property to Georgia Highway 2A which include, but or not limited to, application and construction requirements as prescribed by the Georgia Department of Transportation."

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 given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Fort Oglethorpe, approved April 1, 1996 (Ga. L. 1996, p. 3892), as amended, so as to change the corporate limits; to provide for related matters; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeff Mullis, who on oath deposes and says that he is the Senator from District 53 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Catoosa County news which is the official organ of Catoosa County on March 13, 2013, 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 20th day of March 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

RANDOLPH COUNTY REPEAL FOUR-MONTH NONSTAGGERED MOTOR VEHICLE REGISTRATION PERIOD.

No. 80 (House Bill No. 277).

AN ACT

To repeal an Act providing that all vehicles shall be registered and licensed to operate in Randolph County during the four-month nonstaggered registration, approved March 25, 1996 (Ga. L. 1996, p. 3624); to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2013 SESSION BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3749

SECTION 1. An Act providing that all vehicles shall be registered and licensed to operate in Randolph County during the four-month nonstaggered registration, approved March 25, 1996 (Ga. L. 1996, p. 3624), shall stand repealed on December 31, 2013.

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 2013 session of the General Assembly of Georgia a bill to repeal an Act providing that all vehicles shall be registered and licensed to operate in Randolph County during the four-month nonstaggered registration, approved March 25, 1996 (Ga. L. 1996, p. 3624); and for other purposes.
Representative Gerald Greene District 151
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 151 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Citizen's Times which is the official organ of Randolph County on February 6, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ GERALD GREENE Gerald Greene Representative, District 151
Sworn to and subscribed before me, this 8th day of February 2013.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

__________

HAWKINSVILLE-PULASKI COUNTY, GEORGIA CONSOLIDATED GOVERNMENT; REFERENDUM.

No. 81 (House Bill No. 286).

AN ACT

To provide for the restructuring of the governments of the City of Hawkinsville and Pulaski County; to create and incorporate a new political body corporate under the name Hawkinsville-Pulaski County, Georgia; 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:

ARTICLE I CONSOLIDATION, CREATION, BOUNDARIES, STATUS, AND POWERS OF HAWKINSVILLE-PULASKI COUNTY, GEORGIA
SECTION 1-1-1. Consolidation of county and city; name.

(a) The governmental and corporate powers, duties, and functions now vested in the governing authority of the City of Hawkinsville, a municipal corporation incorporated by an Act of the General Assembly of Georgia, approved April 4, 1991 (Ga. L. 1991, p. 4711), as amended, are hereby consolidated with the governmental and corporate powers, duties, and functions of Pulaski County. This consolidation shall result in the creation and establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Pulaski County. Such county-wide government shall be a new political entity, a body politic and corporate, and a political subdivision of the state to be known as Hawkinsville-Pulaski County, Georgia, having all the governmental and corporate powers, duties, and functions previously held by and vested in the City of Hawkinsville and in Pulaski County and also the powers, duties, and functions provided in this charter.

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(b) Hawkinsville-Pulaski County, Georgia, shall be a public corporation; shall have perpetual existence; shall adopt a common seal; shall, without the necessity or formality of a deed, bill of sale, or other instrument of transfer, own, possess, and hold all the 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 Hawkinsville or Pulaski County; and by the name of Hawkinsville-Pulaski County, Georgia, shall be capable of suing and being sued when authorized by this charter and by the Constitution and laws of the State of Georgia. (c) On the effective date of this charter, the political subdivision known as Pulaski County, Georgia, and the municipal corporation known as the City of Hawkinsville, Georgia, shall be consolidated and merged into the new political entity created by this charter. (d) The consolidation of the governments of the City of Hawkinsville and Pulaski County is authorized pursuant to the provisions of Article IX, Section III, Paragraph II(a) of the Constitution of the State of Georgia of 1983, as amended.

SECTION 1-1-2. Boundaries.

Hawkinsville-Pulaski County, Georgia, shall embrace the total area included within the existing territorial limits of Pulaski County as such limits are established on the effective date of this charter, provided that such limits may be altered and changed from time to time as provided by the Constitution and laws of the State of Georgia pertaining to counties.

SECTION 1-1-3. Status as municipal corporation and county.

Hawkinsville-Pulaski County, Georgia, shall be deemed to be both a municipal corporation and a county throughout the total territorial limits of such government.

SECTION 1-1-4. Powers.

(a) Hawkinsville-Pulaski County, Georgia, shall have all rights, powers, duties, privileges, and authority, whether express or implied, that may now be vested in or hereafter granted to counties, municipal corporations, or both by the Constitution and laws of Georgia. (b) In addition to the rights, duties, powers, privileges, and authority expressly conferred by this charter, the consolidated government of Hawkinsville-Pulaski County, Georgia, 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 the government and its inhabitants and to exercise all implied powers necessary to carry into execution all powers

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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 property, affairs, and local government which are necessary or proper in the legitimate exercise of its corporate powers and governmental duties and functions. (c) In addition to and supplementary to all other powers which it may possess, and by way of illustration and not of limitation, the consolidated government shall have the powers specifically enumerated in Section 8-1-3 of this charter. No enumeration of any right, power, privilege, or authority shall be construed as limiting or abolishing any right, power, privilege, or authority set forth in this charter.

SECTION 1-1-5. Establishment of services districts.

Hawkinsville-Pulaski County shall initially be divided into two service districts. The boundaries of the special and general services districts, taxation and services within those districts, and the methods for changing district boundaries or services and for creating new districts are set forth in Section 7-1-2 of this charter.

ARTICLE II GOVERNING AUTHORITY
CHAPTER 1 Board of commissioners.
SECTION 2-1-1. Name.

The governing authority of Hawkinsville-Pulaski County, Georgia, shall be and is hereby designated as the "Board of Commissioners of Hawkinsville-Pulaski County, Georgia."

SECTION 2-1-2. Composition and election.

The Board of Commissioners of Hawkinsville-Pulaski County, Georgia, shall consist of five members, serving in part-time positions, including a chairperson elected at large and four commissioners who shall be elected from single-member districts as provided in Section 6-2-1 of this charter. The chairperson shall be elected by the voters of the county, and each member of the board from single-member districts shall be elected by the voters of the district that he or she represents. Each commissioner shall be elected in nonpartisan elections as provided for in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

GEORGIA LAWS 2013 SESSION
SECTION 2-1-3. Terms and qualifications.

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(a) The initial term of office of the chairperson of the board of commissioners and commissioners elected from Districts 2 and 4 shall be two years, with members taking office on the first day of January immediately following their election and serving until their successors are elected and qualified. The initial term of office for commissioners elected from Districts 1 and 3 shall be four years, with members taking office on the first day of January immediately following their election and serving until their successors are elected and qualified. Successors shall be elected in nonpartisan elections coinciding with the general primary election immediately preceding the expiration of their term of office. (b) Other than as provided in subsection (a) of this section, subsequent terms of office shall be four years, with members taking office on the first day of January immediately following their election and serving until their successors are elected and qualified. Successors to those elected to the initial terms of office shall be elected in nonpartisan elections coinciding with the general primary election immediately preceding the expiration of their term of office. (c) Each candidate for chairperson of the board of commissioners shall specify that such person is offering for election to the at-large position. Each candidate for the single-member district seats on the board of commissioners shall specify the district for which such person is offering for election. The successful candidate for chairperson shall be elected by a majority of the qualified electors voting in the county. Each successful candidate for single-member districts shall be elected by a majority of the qualified electors voting in such district. No person shall be eligible for election or appointment to the board of commissioners unless such person shall, on or before the date of election or appointment to such office, have attained the age of 21, be a qualified elector of Hawkinsville-Pulaski County, have been a resident of Hawkinsville-Pulaski County for at least 12 months prior to the election, and have been a resident of the district from which such person offers as a candidate for at least 12 months prior to the election. Failure of a member to continue to reside within the district from which elected or appointed during such member's term of office shall result in forfeiture of office.

SECTION 2-1-4. Powers.

All powers of Hawkinsville-Pulaski County, Georgia, including any such powers which may hereafter be conferred by amendment of this charter or by the Constitution or laws of Georgia, shall be vested in the Board of Commissioners of Hawkinsville-Pulaski County, Georgia, except as otherwise provided by law or by this charter. The board shall provide by ordinance for the exercise of such powers and for the performance of all duties and obligations imposed on Hawkinsville-Pulaski County, Georgia, by law.

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SECTION 2-1-5. Chairperson; vice chairperson; powers; duties; term limits; vacancies.

(a) The chairperson shall be the executive head of the consolidated government and shall have such other powers and duties as may be provided by ordinance or resolution that are not in conflict with this charter. Specifically, the chairperson shall:
(1) Preside over all meetings of the board of commissioners; (2) Serve as the ceremonial head of Hawkinsville-Pulaski County, Georgia, and as its official representative to federal, state, and local governmental bodies and officials; (3) Set the agenda for meetings of the board of commissioners after receiving input from members of the board of commissioners; (4) Call special meetings of the board as provided by this charter; (5) Appoint and remove with a majority vote of the board the attorney for the consolidated government, members of all boards and authorities of the consolidated government, and members of committees of the board; (6) Sign orders, checks, and warrants for payment of money subject to the policies and procedures adopted by the board of commissioners; (7) Execute all contracts, deeds, and other obligations of the consolidated government; and (8) 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 chairperson shall be authorized to vote on any matter before the board of commissioners in the same manner as any other member of the board. The chairperson shall not have the power to veto any ordinance or resolution duly enacted or adopted by the board of commissioners. (c) At their first meeting in January each year, the commissioners shall elect a vice chairperson to serve for a term of one year. In the absence of the chairperson for any cause, the vice chairperson shall preside over meetings and discharge the duties of the chairperson. If a vacancy occurs in the position of chairperson, the vice chairperson shall assume the duties and receive the compensation of chairperson until a successor is elected or appointed and sworn into office as provided in Section 2-1-7 of this charter.

SECTION 2-1-6. Compensation.

(a) The members of the board of commissioners shall be compensated at the base rate of $500.00 per month from funds of Hawkinsville-Pulaski County. (b) The chairperson of Hawkinsville-Pulaski County shall be compensated at the base rate of $750.00 per month from funds of Hawkinsville-Pulaski County. (c) The chairperson and members of the board of commissioners shall be eligible for such benefits as authorized under Code Section 36-1-11.1, subsection (a) of Code Section 36-35-4, and Code Sections 36-5-27 through 36-5-29 of the O.C.G.A.

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(d) In addition to their salary, commissioners shall be reimbursed, under such regulations and limitations as may be adopted by the board of commissioners, for direct expenses incurred in carrying out the duties and responsibilities of the consolidated government. (e) The salary of members of the board may be changed by ordinance or resolution in the manner specified for county governing authorities in Code Section 36-5-24 of the O.C.G.A. or any similar future general law of the State of Georgia. (f) Nothing in this section shall be construed to prohibit the Board of Commissioners of Hawkinsville-Pulaski County, Georgia, from exercising its home rule powers as established in Code Section 36-5-24 of the O.C.G.A.

SECTION 2-1-7. Vacancies.

(a) The office of commissioner shall become vacant if a member ceases to reside in the district from which elected or upon a member's death, resignation, or removal from office or forfeiture of office upon the occurrence of any event specified by the Constitution, Title 45 of the O.C.G.A., or any other applicable law, now existing or hereafter enacted.
(b)(1) In the event that the office of commissioner becomes vacant for any reason, a successor shall be selected as provided in paragraphs (2) and (3) of this subsection. (2) If there are more than 12 months remaining in the unexpired term, the position shall be filled by special election at the next permissible date for a special election. The special election shall be called by the election superintendent as provided by general law. Any person so elected must possess the same qualifications for election as set forth in subsection (c) of Section 2-1-3 of this charter. (3) If less than 12 months remain in the unexpired term, the board of commissioners shall appoint a successor to fill the unexpired term. Any person so appointed must possess the same qualifications for election as set forth in subsection (c) of Section 2-1-3 of this charter.

CHAPTER 2 Organization and procedure.
SECTION 2-2-1. Oath; rules; records; meetings; quorum; emergency ordinances.

(a) The board of commissioners shall hold its organizational meetings on the first working day in January following the general election. At or before such meetings, the newly elected or reelected commissioners shall each take the following oath of office, to be administered by the judge of the probate court:
"I do solemnly swear or affirm that I will well and truly perform the duties of the office of commissioner of Hawkinsville-Pulaski County, Georgia, and that I will support and defend

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the charter thereof and the Constitution and laws of the State of Georgia and of the United States." (b) The board shall determine its own rules and order of business as it deems appropriate to govern the conduct and procedures of its meetings, provided that the board shall comply with the open and public meeting requirements of Chapter 14 of Title 50 of the O.C.G.A. The board shall provide for the keeping of minutes of its proceedings which shall be a public record. (c) The board shall hold at least one regular meeting each month. The board shall adopt by ordinance the time, date, and place for such meeting. No additional notice shall be required to be given for any regular meeting. (d) The board may hold such special meetings as it deems necessary or proper. Special meetings may be held on the call of the chairperson or any two or more commissioners upon no less than 24 hours' written notice to each member at the usual place of business or residence of such member. Notice of special meetings must be provided for as specified by Code Section 50-14-1 of the O.C.G.A. (e) The board of commissioners shall establish by ordinance procedures for the convening of emergency meetings. (f) A majority of the members then serving on the board of commissioners shall constitute a quorum for the transaction of business. No official act which is to have the force and effect of law shall be valid or binding unless adopted by the affirmative vote of a majority of the board then serving. (g) To meet a public emergency threatening life, health, property, or public safety, the board of commissioners may adopt emergency ordinances; provided, however, that such ordinances may not be enacted to levy taxes; to grant, renew, or extend a franchise; to regulate the rate charged for any public utility or service; or to authorize the borrowing of money unless it shall be repaid in 30 days or less. An emergency ordinance shall be plainly designated as an emergency ordinance and shall contain a declaration stating what emergency exists. An emergency ordinance may be adopted with or without amendment, but the affirmative vote of the board of commissioners shall be required for adoption. An emergency ordinance shall stand repealed on the sixteenth day following the date of its adoption; provided, however, that, if the emergency still exists, it may be reenacted as provided in this subsection. An emergency ordinance may be repealed by adoption of a repealing ordinance in the same manner specified for the adoption of an emergency ordinance.

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CHAPTER 3 Ethics and prohibited practices.
SECTION 2-3-1. Conflicts of interest; holding other offices.

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(a) Conflicts of interest. No elected official, appointed officer, or employee of the consolidated government or 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 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 a service, loan, thing, 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. The board shall adopt a policy or ordinance which quantifies and defines the terms of valuable gifts; (5) Represent other private interests in any action or proceeding against the consolidated government or any portion thereof; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (b) Disclosure. Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the consolidated government shall disclose such private interest to the board of commissioners. Any commissioner who has a private interest in any matter pending before the board of commissioners shall disclose such private interest, such disclosure shall be entered on the records of the board, and the commissioner 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

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or matter pending before or within any department of the consolidated government shall disclose such private interest to the governing body of the agency or entity. (c) Use of public property. No elected official, appointed officer, or employee of the consolidated government or of any agency or entity to which this charter applies shall use property owned by such governmental body for personal benefit, convenience, or profit except in accordance with policies promulgated by the board of commissioners or the governing body of such agency or entity. (d) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the board of commissioners. (e) Ineligibility of elected official. Except where authorized by law, no commissioner shall hold any other elective or compensated appointed office in the consolidated government or otherwise be employed by the consolidated government or any agency thereof during the term for which he or she is elected, unless he or she vacates the office. (f) Political activities of certain officers and employees. Any appointed officer or employee of the consolidated government shall be required to take a leave of absence or resign his or her position upon qualifying as a candidate for nomination or election to any elected office. (g) Penalties for violations. Any officer who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office and shall be subject to the following penalties and actions:
(1) Written warning, censure, or reprimand to be issued in public; (2) Removal from office as provided by Georgia law; (3) Cancellation of the contract or rejection of the bid or offer; (4) Recovery of the value transferred or received; and (5) Referral to proper criminal authorities.

SECTION 2-3-2. Prohibitions.

No member of the board of commissioners shall hold any other federal, state, or local elective office during that person's term of office as a commissioner. Nothing in this section shall be construed to prohibit any member of the board from representing Hawkinsville-Pulaski County on any special commission or regional entity or other intergovernmental agency or accepting any federal, state, or local appointive office unless prohibited by law.

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ARTICLE III ADMINISTRATOR
SECTION 3-1-1. Appointment; qualifications; compensation.

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(a) The board of commissioners by a majority vote of the members then serving shall appoint an administrator for a term to be determined by the board. The administrator shall serve at the pleasure of the board. (b) Except as specifically provided in this section, the board shall, by ordinance, establish the administrator's qualifications, powers, duties, and compensation.

ARTICLE IV ADMINISTRATION
CHAPTER 1 Officers.
SECTION 4-1-1. Sheriff; law enforcement.

The sheriff of Pulaski County in office on the effective date of this charter shall be the sheriff of Hawkinsville-Pulaski County, Georgia. The sheriff shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for the sheriff shall be on the same basis as provided by law for the election of sheriffs generally. The sheriff shall be the chief law enforcement officer of Hawkinsville-Pulaski County, Georgia. In addition, the sheriff shall be responsible for the operation of the jail, the transport of prisoners, the service of process, and such other duties as are required of sheriffs by the Constitution and laws of Georgia.

SECTION 4-1-2. Judge of the probate court; clerk of the superior court;
tax commissioner; coroner; magistrate; surveyor.

The judge of the probate court, the clerk of the superior court, the tax commissioner, the coroner, the magistrate, and the surveyor of Pulaski County shall, after consolidation, be the judge of the probate court, the clerk of the superior court, the tax commissioner, the coroner, the magistrate, and the surveyor, respectively, of Hawkinsville-Pulaski County, Georgia. These officers shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for these officers shall be on the same basis as provided by law for the election of such officers generally. The judge of the probate court, the clerk of the superior court, the tax commissioner, the coroner, the magistrate, and the surveyor shall perform the same duties and exercise the same powers as conferred on such officers generally by the Constitution and laws of Georgia.

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SECTION 4-1-3. Attorney.

The attorney for Hawkinsville-Pulaski County shall be appointed and removed by the chairperson upon a vote of a majority of the members of the board of commissioners. The attorney shall act as the chief legal adviser to the board of commissioners, the administrator, and all departments and agencies of Hawkinsville-Pulaski County and shall represent said government in all legal proceedings and perform such other duties prescribed by general law, by this charter, or by ordinance or resolution of the board of commissioners. The board of commissioners shall set the qualifications and compensation of the attorney and any other matters relative to the selection of the attorney.

CHAPTER 2 Personnel.
SECTION 4-2-1. Existing pension rights protected.

All employees and former employees of any office, department, board, commission, or agency of the former City of Hawkinsville or of the former Pulaski County shall retain all pension rights, if any, which had accrued to them prior to the effective date of this charter under any existing pension system. The services of such employees shall not be deemed to have been interrupted by the adoption of this charter.

SECTION 4-2-2. Establishment of new pension systems.

The board of commissioners is authorized and empowered to establish and maintain a new pension system or pension systems affecting employees and to revise, combine, and consolidate any pension system in effect on the effective date of this charter; provided, however, that in no event shall any revision, combination, or unification of any existing pension system in effect when this charter is adopted result in the curtailment or diminishment of any right accrued under any existing pension system to any person heretofore employed by the City of Hawkinsville, Pulaski County, or of any agency of such former governments.

SECTION 4-2-3. Establishment of personnel system.

The board of commissioners shall establish a personnel system for all employees under the control of the consolidated government. The system shall be consistent with all state and federal laws.

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SECTION 4-2-4. Nepotism.

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No elected or appointed official or employee of Hawkinsville-Pulaski County shall advocate, recommend, supervise, manage, or cause the employment, appointment, promotion, transfer, or advancement of his or her immediate relative to an office or position of employment within the Hawkinsville-Pulaski County government. An immediate relative includes spouse, mother, father, stepmother, stepfather, son, daughter, mother-in-law, father-in-law, son-in-law, daughter-in-law, stepson, stepdaughter, brother, brother-in-law, sister, sister-in-law, half brother, half sister, grandchild, stepgrandchild, grandparent, and grandparent of spouse.

CHAPTER 3 Boards, commissions, and authorities.
SECTION 4-3-1. Boards, commissions, and authorities continued.

All existing boards, commissions, and authorities of either the City of Hawkinsville, Pulaski County, or both are continued without interruption on the effective date of this charter.

SECTION 4-3-2. Boards, commissions, and authorities; appointments thereto.

Whenever general or local law provides for appointments to boards, commissions, or authorities from both the city and the county, all appointments shall be made by the Board of Commissioners of Hawkinsville-Pulaski County, Georgia, and all appointees shall be residents of Hawkinsville-Pulaski County.

ARTICLE V JUDICIARY SECTION 5-1-1. Superior court and district attorney; probate court; magistrate court; unaffected by charter; redesignation.

(a) The Superior Court of Pulaski County, including the office of district attorney; the Probate Court of Pulaski County; and the Magistrate Court of Pulaski County shall continue their operations without interruption resulting from the adoption of this charter, and nothing herein shall be construed as affecting the status of said courts. The courts shall be known as the Superior Court of Hawkinsville-Pulaski County, the Probate Court of Hawkinsville-Pulaski County, and the Magistrate Court of Hawkinsville-Pulaski County.

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(b) On the effective date of this charter, the Municipal Court of Hawkinsville shall stand abolished. Any pending cases shall be transferred to the probate court, the magistrate court, or the superior court of Hawkinsville-Pulaski County, whichever has appropriate jurisdiction of the case.

ARTICLE VI ELECTIONS CHAPTER 1 Conduct of elections. SECTION 6-1-1. Applicability of general laws.

Except as otherwise provided by this charter, regular and special primaries and elections shall be conducted in accordance with provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." As used in this chapter, the terms "election" or "general election" shall be construed to include the term "regular election" as provided in Section 6-1-2 of this charter; the term "governing authority" shall include the chairperson and the Board of Commissioners of Hawkinsville-Pulaski County, Georgia; the terms "municipal," "municipality," or "county" shall include Hawkinsville-Pulaski County, Georgia; and the term "public office" shall include the elective offices of Hawkinsville-Pulaski County, Georgia.

SECTION 6-1-2. Initial and regular elections; voting.

The initial members of the governing authority of Hawkinsville-Pulaski County, Georgia, shall be elected at a special election to be held in 2014 on the date established in Title 21 of the O.C.G.A. for nonpartisan elections. Subsequent elections shall be held as provided in Code Section 21-2-139 of the O.C.G.A. for nonpartisan elections in even-numbered years, beginning in 2018. All elections shall be held as specified in general law. Except for special elections to fill vacancies in office, all officers who are required by this charter to be elected shall be elected at the nonpartisan election immediately preceding the expiration of such officers' term of office.

CHAPTER 2 Election districts. SECTION 6-2-1. Number of districts; boundaries.

(a) For the purpose of electing the members of the board of commissioners, the territory of Hawkinsville-Pulaski County shall be divided into four election districts. One member of

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the board shall be elected from each such district. Commissioner Districts 1, 2, 3, and 4 shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as "Plan: pulaski-cons-2013 Plan Type: Local Administrator: Pulaski Co. User: Gina". (b) 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) Any part of Pulaski 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. (d) Any part of Pulaski 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.

ARTICLE VII REVENUE AND FINANCE
CHAPTER 1 Taxation and other revenues.
SECTION 7-1-1. Levy and collection of taxes, fees, charges, and assessments; appropriations.

(a) For the purpose of raising revenue for the support and maintenance of the government of Hawkinsville-Pulaski County, Georgia, the board of commissioners shall have full power and authority to levy and collect taxes and fees and to appropriate funds and expend money. (b) The board of commissioners shall have full power and authority to levy and collect all taxes, charges, and assessments which counties and municipalities are authorized to levy and collect, to the full extent permitted by the Constitution and laws of Georgia, whether local or general, including any tax hereafter authorized by state law.

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SECTION 7-1-2. Services districts; taxation therein.

(a) Hawkinsville-Pulaski County shall initially be composed of two services districts, wherein taxes and fees shall be assessed, levied, and collected in accordance with the kind, character, type, degree, and level of services provided by said government within such services districts, and the rate and manner of taxation may vary in any one district from that in other districts. One of such districts shall be known as the general services district and one of such districts shall be known as the special services district. Except as otherwise provided by this charter, all special services districts shall be created, expanded, merged, consolidated, or reduced only by an ordinance duly adopted by the board of commissioners under such general rules, procedures, regulations, requirements, and specifications as established by the board; provided, however, that no new special services district shall be created or existing such districts expanded, abolished, merged, consolidated, or reduced without providing an opportunity for interested persons to be heard at a public hearing. Notice of the proposed expansion, abolition, merger, consolidation, or reduction of a services district and of the required public hearing shall be published once a week for two weeks in the official newspaper of Hawkinsville-Pulaski County.
(b)(1) The general services district shall consist of the total area of Pulaski County. Hawkinsville-Pulaski County shall perform within the general services district those governmental duties, functions, and services which are generally available and accessible to all residents throughout the total area of said government. (2) The general services district shall constitute a general service tax district within which the board of commissioners shall levy and collect taxes and fees and shall appropriate money to perform and discharge those powers, functions, and services provided in such district. (c)(1) In addition to the general services district, the board of commissioners may also establish special services districts within which additional or higher levels of services are provided just as cities and counties are so authorized by Article IX, Section II, Paragraph VI of the Constitution. Hawkinsville-Pulaski County shall perform within its special services districts such additional, more comprehensive, and higher levels of governmental duties, functions, and services which benefit primarily the residents of such special services districts. (2) The board of commissioners shall establish a special services district which shall consist of the area of the former City of Hawkinsville, together with any enlargement or modification thereof pursuant to the provisions of this charter. Hawkinsville-Pulaski County shall perform within the special services district those additional, more comprehensive and intensive, and higher levels of governmental duties, functions, and services which benefit primarily the residents of such special services district. (3) Any special services district created by the board of commissioners shall constitute a special services tax district within which the board of commissioners may levy and collect

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additional taxes and fees and may appropriate additional money from such taxes and fees to perform and discharge those additional powers, functions, and additional services provided in such special services district by the consolidated government. (d) The assessment of real and personal property for ad valorem tax purposes shall be a uniform basis throughout the entire area of Hawkinsville-Pulaski County; provided, however, that the rate and manner of additional taxation in services districts may vary in any services district from that in another or other services districts in such a way as to reflect reasonably the kind, character, type, degree, and level of services afforded to such services district or districts.

CHAPTER 2 Borrowing and indebtedness.
SECTION 7-2-1. Allocation of indebtedness.

(a) All general indebtedness of Pulaski County, whether represented by general obligation bonds or otherwise, which may be outstanding upon the effective date of this charter shall be allocated to the general services district as defined in this charter and is hereby recognized as the obligation of the general services district of Hawkinsville-Pulaski County, Georgia. (b) All general indebtedness of the City of Hawkinsville, whether represented by general obligation bonds or otherwise, which may be outstanding upon the effective date of this charter shall be allocated to the special services district as defined in this charter and is hereby recognized as the obligation of the special services district of Hawkinsville-Pulaski County, Georgia. (c) The annual tax levy ordinances for the general services district and the special services district shall provide, in addition to all other taxes assessed, a tax levy sufficient to pay the principal and interest charges on all outstanding general obligation bonds due or to be paid in the ensuing fiscal year. (d) The board shall be empowered and authorized to issue revenue bonds for the purposes and in the manner as now or hereafter provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." (e) All revenue derived by the consolidated government from the issuance and sale of bonds shall be used exclusively for the purposes for which such bonds were issued, and all ad valorem taxes collected for the purpose of servicing or retiring such bonds shall be used exclusively for the payment of principal and interest thereof.

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CHAPTER 3 Financial administration.
SECTION 7-3-1. Fiscal year; budget; audit.

(a) The fiscal year of Hawkinsville-Pulaski County shall run from July 1 to June 30. (b) The board of commissioners of the consolidated government shall adopt an annual budget and provide for an annual audit as provided for in Chapter 81 of Title 36 of the O.C.G.A. (c) The administrator, with input from all department heads, constitutional officers, and other appointed officials of the consolidated government, shall prepare and present the annual budget of Hawkinsville-Pulaski County to the board of commissioners. The commissioners shall have full power and authority to adopt, reject, or amend the proposed budget.

SECTION 7-3-2. Lapse of appropriations.

All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made.

ARTICLE VIII GENERAL PROVISIONS
SECTION 8-1-1. Application of laws; laws in force.

(a) The general laws of the State of Georgia and those general laws of local application through classification by population shall be applicable to and within the limits of Hawkinsville-Pulaski County, Georgia. (b) Local Acts of the General Assembly of Georgia which apply specifically to either Pulaski County, the City of Hawkinsville, or both shall be applicable to Hawkinsville-Pulaski County, Georgia. (c) In construing the applicability of provisions of the Constitution and the general laws of Georgia which apply in general terms to either counties, municipalities, or both and local Acts of the General Assembly that apply specifically to Pulaski County, the City of Hawkinsville, or both, the following terms as used in such laws shall be construed to include Hawkinsville-Pulaski County, Georgia, as follows:
(1) "County" shall be construed to include Hawkinsville-Pulaski County, Georgia; (2) "City," "town," "municipal corporation," or "municipality" shall be construed to include Hawkinsville-Pulaski County, Georgia;

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(3) "Commissioners of roads and revenues," "board of commissioners," "county commissioner," and "commissioner" shall be construed to include the Board of Commissioners of Hawkinsville- Pulaski County, Georgia; (4) "Council," "mayor and council," "aldermen," "board of aldermen," and the "city commission" shall be construed to include the Board of Commissioners of Hawkinsville-Pulaski County, Georgia; (5) "Chairman of the commissioners of roads and revenues," "chairman of the board of county commissioners," and "commissioner" shall be construed to include the chairperson of the Board of Commissioners of Hawkinsville-Pulaski County, Georgia. (6) "Mayor" shall be construed to include the chairperson of the Board of Commissioners of Hawkinsville-Pulaski County, Georgia; and (7) Any other terms and provisions as used in such Acts to refer specifically to Pulaski County, the City of Hawkinsville, and the officers, employees, departments, and agencies thereof shall be construed to mean Hawkinsville-Pulaski County, Georgia, and its officers, employees, departments, and agencies. (d) In construing the applicability of laws in force to Hawkinsville-Pulaski County, the following order shall prevail: (1) The Constitution of the State of Georgia; (2) The general laws of uniform application now in force or hereafter enacted by the General Assembly (as distinguished from general laws of local application through classification by population) applicable to municipal corporations, counties, or both; (3) The general laws of local application through classification by population; (4) Special laws applicable to Pulaski County not in conflict with this charter; (5) Special laws applicable to the City of Hawkinsville not in conflict with this charter; (6) This charter and all ordinances and resolutions passed pursuant thereto; and (7) Existing ordinances and resolutions of the former City of Hawkinsville and existing ordinances and resolutions of the former Pulaski County not in conflict with this charter.

SECTION 8-1-2. Federal and state aid.

For the purpose of determining its right to receive and for the purpose of receiving state aid or grant-in-aid from the State of Georgia, the United States, any agency or instrumentality thereof, or any other source, public or private, Hawkinsville-Pulaski County, Georgia, shall be deemed a county but shall also be deemed an incorporated municipality. When state aid or other grant-in-aid is distributed to any county or municipality on the basis of population, area, or both, then the entire population and the total area of Hawkinsville-Pulaski County and the population or the area of the special services district or districts, respectively, shall be considered in calculating and determining the basis for such distribution. When state aid or other grant-in-aid is distributed to any county on the basis of rural area, rural road mileage, or rural population, or any combination thereof, then that area of the general services district

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outside of the special services district shall be deemed to constitute a rural area and its road mileage to constitute rural population.

SECTION 8-1-3. Examples of powers.

The powers of Hawkinsville-Pulaski County, Georgia, shall include, but shall not be limited to, the following powers:
(1) Ad valorem taxation: to levy, assess, and collect ad valorem taxes on all taxable property; (2) Other taxes: to levy, assess, and collect other taxes allowed by general law and in accordance therewith; (3) Business regulation and taxation: to levy, assess, and collect occupational taxes and to license and regulate occupations and businesses. Such taxes may be based on any criteria or combination of criteria permitted by general law; (4) Appropriations: to make appropriations and expend funds for support of the consolidated government and any other lawful purposes; (5) Debts: to borrow money and issue bonds as authorized by general law; (6) Property: to own property and interests in property; (7) Gifts: to accept gifts and grants for any purpose related to the powers and duties of the consolidated government on such terms as the donor may impose; (8) Condemnation: to condemn property inside the consolidated government for present or future use; (9) Public utilities: to acquire, lease, operate, and dispose of public utilities; (10) Franchises: to grant franchises or make contracts for public utilities and to prescribe the conditions of such franchises and contracts; (11) Roadways: to open, maintain, improve, and close streets and roads and to grant franchises and rights-of-way thereon; (12) Public facilities: to acquire, operate, and dispose of public buildings, public projects, parks, cemeteries, recreational facilities, and other public improvements inside the consolidated government; (13) Building regulation: to regulate the building trades and the construction of buildings and to adopt and enforce building, housing, plumbing, electrical, gas, heating, and air conditioning codes; (14) Planning and zoning: to adopt land use plans and exercise the power of zoning and subdivision regulation; (15) Police power: to exercise the police power for the public safety and well-being of the citizens of the consolidated government; (16) Roadside regulation: to prohibit or regulate signs, billboards, and other items upon or adjacent to streets and roads; (17) Health: to prescribe and enforce health and sanitation standards;

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(18) Pollution: to regulate emissions which pollute the air and water; (19) Fire safety: to fix fire limits and prescribe and enforce fire safety regulations; (20) Public hazards: to provide for the destruction or removal of public hazards; (21) Waste disposal: to provide for and regulate the collection, disposal, and recycling of garbage and wastes; (22) Water and sewer fees: to fix and collect water and sewer fees; (23) Garbage fees: to fix and collect garbage fees; (24) Nuisances: to define and provide for the abatement of nuisances; (25) Property protection: to preserve and protect the property of the consolidated government; (26) Prisoners: to provide for public work by prisoners and for their confinement; (27) Animal control: to regulate or prohibit the keeping of animals; (28) Motor vehicles: to regulate the operation and parking of motor vehicles; (29) Pensions: to provide and maintain a system of pensions and retirement for employees and officers of the consolidated government; (30) Special assessments: to levy, assess, and collect special assessments to cover the cost of public improvements; (31) Contracts: to enter into lawful contracts and agreements; (32) Agencies: to create, alter, or abolish departments, boards, offices, commissioners, authorities, and agencies of the consolidated government and to confer appropriate authority upon them; (33) Penalties: to provide penalties for violations of ordinances of the consolidated government; (34) Law enforcement and fire protection: to exercise the power of arrest through certified law enforcement officers and to operate a fire department; (35) Emergencies: to provide for the determination, proclamation, and combating of emergencies; (36) Urban redevelopment: to organize and operate an urban redevelopment program; and (37) 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 consolidated government.

SECTION 8-1-4. Effect of repeals.

No law heretofore repealed, expressly or by implication, shall be revived by the repeal herein of the repealing Act or by any provision of this charter that disclaims an intention to repeal or affect enumerated laws.

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SECTION 8-1-5. Severability clause.

If any provision of this charter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this charter which can be given effect without the invalid provision or application, and to this end, the provisions of this charter are declared to be severable.

SECTION 8-1-6. Repeal of conflicting laws.

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

SECTION 8-1-7. Tort and nuisance liability.

The tort and nuisance liability of the consolidated government shall follow the law and rules of the tort liability applicable to counties in Georgia.

ARTICLE IX TRANSITION PROVISIONS
SECTION 9-1-1. Election of first officials.

(a) The first Board of Commissioners of Hawkinsville-Pulaski County, Georgia, shall be elected as provided in Section 6-1-2 of this charter; provided, however, that if passage of this charter by referendum shall occur on a date later than allows for election of the first members such that they may assume office on January 1, 2015, elections shall be held on the first legally allowable date following passage of the charter by referendum. The chairperson and commissioners so elected shall serve terms as defined in Section 2-1-3 of this charter, except that said terms shall expire as if they began on January 1, 2015. (b) The election and any subsequent run-off shall be held in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." After final approval of this charter, the superintendent of elections shall prepare a list of qualified voters for each of the four commissioner districts described in Section 6-2-1 of this charter. (c) The qualifications for office for such initial election shall be as prescribed by subsection (b) of Section 2-1-3 of this charter. (d) Any elected official of Pulaski County or of the City of Hawkinsville who is otherwise qualified under this charter shall be entitled to qualify and run for office of Hawkinsville-Pulaski County.

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SECTION 9-1-2. Initial terms of office.

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All commissioners shall be elected for initial terms of office as set forth in Section 2-1-3 of this charter and shall thereafter be elected to four-year terms of office and until their respective successors are elected and qualified.

SECTION 9-1-3. Provision of services during transition.

In order to consolidate the two governments and to assure the common and continued administration of services currently provided by both the City of Hawkinsville and Pulaski County, on the effective date of consolidation, all services currently provided by the county shall be provided through the general services district to all residents of the county and all services provided by the city shall be provided through the special services district to the current residents of the City of Hawkinsville. Assuming the continued availability of state and federal funds, these services arrangements shall apply until modified by the board of commissioners.

SECTION 9-1-4. Existing employees.

No person employed by either the City of Hawkinsville or Pulaski County shall be terminated solely as a result of the consolidation of the city and county.

SECTION 9-1-5. Effective date of charter.

This charter shall become effective January 1, 2015, or upon the election of the board of commissioners and their taking office as the governing authority of the consolidated government, if the same shall occur after January 1, 2015.

SECTION 9-1-6. Initial budget.

(a) The initial budget of the Hawkinsville-Pulaski County, Georgia, government for the period of time from the effective date of the government to the beginning of its first full fiscal year on July 1 shall be equal to the sum of the budget then in place for the City of Hawkinsville and Pulaski County, prorated to said period of time.
(b)(1) The first 12 month budget of Hawkinsville-Pulaski County, Georgia, beginning July 1 following the effective date of the consolidated government and ending June 30 of

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the next year, shall be limited to a combined amount equal to the final 12 month budgets of the City of Hawkinsville and Pulaski County for their respective preceding fiscal years. (2) This initial budget limitation shall not apply to any increases needed to satisfy any new, unfunded state or federal mandates, expenses caused by the occurrence of a natural disaster, increases needed to fund any step raises due employees of the consolidated government, or increases needed to keep up with inflation as specified by the United States Consumer Price Index.

SECTION 9-1-7. Number of employees.

For the first 12 month period after the effective date of this charter, the total number of employees of the consolidated government shall not exceed the combined number of employees authorized for the City of Hawkinsville and Pulaski County immediately prior to the effective date of this charter, except as otherwise specifically mandated by law.

SECTION 9-1-8. Cooperation of former governments.

(a) All officers, officials, and employees of the former City of Hawkinsville and Pulaski County shall cooperate with and assist the board of commissioners, the administrator, and other officers of Hawkinsville-Pulaski County, Georgia:
(1) In planning the consolidation 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 Hawkinsville-Pulaski County, Georgia; and (2) In all other respects in order that the transfer of the governments be accomplished in the most orderly manner possible. The officers of Hawkinsville-Pulaski County shall be entitled to examine all records, files, and other data in the possession of the former governments and all officers, officials, employees, and departments thereof. (b) A schedule for activity during the transition period is contained in the appendix attached to and made a part of this charter.

SECTION 9-1-9. Existing ordinances and resolutions continued in effect.

(a) Existing ordinances and resolutions of Pulaski County and existing rules and regulations of county departments or agencies not inconsistent with the provisions of this charter shall continue in effect as ordinances, resolutions, rules, or regulations of Hawkinsville-Pulaski County, Georgia, or the appropriate department or agency thereof until they have been repealed, modified, or amended. However, if there is a conflict between existing ordinances

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and resolutions of Pulaski County and rules and regulations of county departments or agencies and existing ordinances and resolutions of the City of Hawkinsville and rules and regulations of city departments or agencies, those of Pulaski County shall only apply to the area of Hawkinsville-Pulaski County, Georgia, which lies outside the special services district. (b) Existing ordinances and resolutions of the City of Hawkinsville and existing rules and regulations of city departments or agencies not inconsistent with the provisions of this charter shall continue in effect as ordinances and resolutions of Hawkinsville-Pulaski County, Georgia, and shall apply only to the area included within the special services district until they have been repealed, modified, or amended. (c) In the event of a conflict between any of the ordinances or resolutions continued by this section, the provisions thereof shall apply only to that territory of Hawkinsville-Pulaski County to which such ordinance or resolution applied prior to the effective date of this charter and until such ordinance or resolution is repealed, changed, or amended to eliminate the conflict. (d) Within 24 months of the effective date of the charter, the board of commissioners shall have reviewed all ordinances and resolutions and shall take whatever action is necessary to remove any conflicts continued by this section in order to produce a uniform body of ordinances and resolutions which is free of any conflicts and contradictions between such provisions.

SECTION 9-1-10. Contracts and obligations.

(a) Except as otherwise provided by this charter, all contracts, orders, leases, bonds, and other obligations or instruments entered into by Pulaski County or the City of Hawkinsville or for the benefit of either the county or the city prior to the effective date of this charter shall continue in effect according to the terms thereof as obligations and rights of Hawkinsville-Pulaski County, Georgia; provided, however, that any obligations created by Pulaski County or the City of Hawkinsville 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 Board of Commissioners of Hawkinsville-Pulaski County, Georgia, within six months following the effective date of this charter. (b) No pending action or proceeding of any nature, whether civil, criminal, judicial, administrative, or other, by or against the City of Hawkinsville or Pulaski County or an agency or department thereof shall be abated or otherwise affected by the adoption of this charter, and Hawkinsville-Pulaski County, Georgia, shall stand substituted as a party in lieu thereof.

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SECTION 9-1-11. Dissolution of existing governments.

(a) On the effective date of this charter, the charter of the City of Hawkinsville, approved April 4, 1991 (Ga. L. 1991, p. 4711), as amended, is repealed in its entirety. (b) On the effective date of this charter, the office of Sole Commissioners of Pulaski County and the Board of Commissioners of the City of Hawkinsville and all the officers thereof and the offices thereof not continued under this charter are abolished, and all emoluments appertaining thereto shall cease. Thereupon the governments of Pulaski County and the City of Hawkinsville shall terminate as separate political entities and all powers, functions, duties, and obligations thereof shall be transferred to and vested in Hawkinsville-Pulaski County, Georgia.

SECTION 9-1-12. Transfer of records and equipment.

When an agency of the City of Hawkinsville or of Pulaski County is abolished or consolidated 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.

SECTION 9-1-13. Officers serve until successors qualify.

Notwithstanding any other provision of this charter, any officer performing duties under the government of the City of Hawkinsville or Pulaski County shall continue to perform the duties thereof until a successor, whether under the same title or office or another, shall be elected or appointed and qualified to perform the duties. It is the intention hereof that no duty or services shall lapse or be abandoned because of the lack of an officer to perform said duties.

SECTION 9-1-14. Submission to and changes required by the United States Department of Justice.

The charter shall be submitted to the United States Department of Justice by the governments of the City of Hawkinsville and Pulaski County within 30 days of approval by the Governor or its becoming law without such approval. In order to ensure that a referendum on the question of the creation of Hawkinsville-Pulaski County, Georgia, will be held on the earliest possible date, the General Assembly, as provided in Article IX, Section III, Paragraph II(a) of the Constitution of the State of Georgia, hereby constitutes the members of the Pulaski County legislative delegation as a legislatively created charter commission and grants it the

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power to amend the charter to satisfy any required changes raised by the United States Department of Justice. This legislatively created charter commission shall seek and accept the assistance of the members of the Hawkinsville-Pulaski County Consolidation Commission in fulfilling its responsibilities under this section.

SECTION 9-1-15. Referendum on the charter.

(a) As soon as practicable after receipt of the certified copy of the proposed charter and after receipt of approval from the United States Department of Justice for a referendum on the proposed charter, it shall be the duty of the superintendent of elections of Pulaski County to call a special election for approval or rejection of the proposed charter. If possible, such special election shall be called for on the Tuesday following the first Monday in November, 2013. The superintendent of elections shall cause the date and purpose of the election to be published once a week for two calendar weeks immediately preceding the date thereof in the official legal organ of Pulaski County. The ballot shall have written or printed thereon the following:
"( ) YES Shall the charter reorganizing and fully consolidating the governments of the City of Hawkinsville and Pulaski County into a single government be
( ) NO approved?"
(b) All persons desiring to vote for approval of the charter shall vote "Yes," and those persons desiring to vote for rejection of the charter shall vote "No." If more than one-half of the votes cast by the qualified voters of Pulaski County residing within the corporate limits of the City of Hawkinsville are for approval of the charter and if more than one-half of the total number of votes cast by all the qualified voters of Pulaski County are for approval of the charter, then the charter shall become effective. Otherwise, it shall be void and of no force and effect. The expense of such election shall be borne equally by the City of Hawkinsville and Pulaski County. (c) The special election shall be conducted pursuant to Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (d) A qualified voter, as used in this Act, shall mean a voter of Pulaski County qualified to vote for members of the General Assembly of Georgia. The superintendent of elections shall certify the returns to the Secretary of State. The superintendent of elections shall also furnish a certified copy of the charter to the Secretary of State. The Secretary of State shall issue a proclamation showing and declaring the result of the election on the approval or rejection of the charter. One copy of the proclamation shall be attached to the copy of the charter certified to the Secretary of State. One copy of the proclamation shall be delivered to the clerk of the governing authority of the City of Hawkinsville who shall attach the same to the copy of the charter previously certified to him or her. One copy of the proclamation shall be

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delivered to the clerk of the governing authority of Pulaski County who shall attach the same to the copy of the charter previously certified to him or her. (e) Whenever a charter for the consolidation of the governments of the City of Hawkinsville and Pulaski County has been accepted, the certified copies pursuant to subsection (d) of this section, with the proclamation of the Secretary of State attached thereto, shall be deemed duplicate original copies of the charter for all purposes. The certified copy of the charter and proclamation deposited with the clerk of the governing authority of the City of Hawkinsville and the certified copy of the charter and proclamation deposited with the clerk of the governing authority of Pulaski County shall subsequently be delivered by them to the successor government. The successor government may issue certified copies of the charter, and any copy so certified shall be deemed a duplicate original copy of the charter for all purposes. The Secretary of State is authorized to issue certified copies of the charter on file, and copies so certified shall be deemed duplicate original copies of the charter of Hawkinsville-Pulaski County, Georgia, for all purposes.

APPENDIX Transition plan and schedule.

The following transition plan shall govern the implementation of this Act:

Stage 1: Referendum on charter until initial election. (a) Upon approval of the consolidation, a transition team shall be formed. The transition team shall be appointed and charged with anticipating implementation responsibilities, issues, and opportunities related to the consolidation of the two governments. Their efforts will involve collecting data, assembling facts, and presenting options to the officials of Hawkinsville-Pulaski County when they take office. The transition team shall not have any decision-making power and shall serve in an advisory function to the new government only until such time as the newly elected officials assume the responsibilities described in Stage 2 of this appendix. (b) The transition team shall consist of: the city manager; the attorney of either the City of Hawkinsville or Pulaski County; the certified public accountant of either the City of Hawkinsville or Pulaski County; one member of the Board of Commissioners of the City of Hawkinsville; one appointee of the Board of Commissioners of the City of Hawkinsville who shall not be an elected official or employee of the City of Hawkinsville; the Sole Commissioner of Pulaski County; and one appointee of the Sole Commissioner of Pulaski County who shall not be an elected official or employee of Pulaski County. The chairperson of the transition team will be elected by and from the transition team members.

Stage 2: Initial election until January 1, 2015. The newly elected government assumes limited powers to plan for the new government. During this time, the board of commissioners may exercise the following powers:

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(1) Begin preparation for the appointment of the administrator and attorney; (2) Hold meetings, establish committees, plan the establishment of boundaries of the general and special services districts, and plan for and schedule the initial organization of Hawkinsville-Pulaski County, Georgia, in accordance with the applicable provisions of this charter. The board of commissioners shall be authorized to receive and expend appropriations from the Board of Commissioners of the City of Hawkinsville and the commissioner of Pulaski County for the purposes of performing its responsibilities as provided in this charter; (3) Begin preparation of the initial budget; and (4) Begin preparation of plans and schedules for the consolidation of the various departments and agencies of the City of Hawkinsville and Pulaski County.

Stage 3: January 1, 2015, until June 30, 2015. The Board of Commissioners of Hawkinsville-Pulaski County, Georgia, takes office operating under the initial budget which is provided for in Section 9-1-6 of this charter. The budget for fiscal year 2016 is prepared. During this period, the government shall begin combining operations.

Stage 4: July 1, 2015, until June 30, 2016. The consolidated government begins operations under the first consolidated government budget.

Plan: pulaski-cons-2013 Plan Type: Local Administrator: Pulaski Co. User: Gina

District 001 Pulaski County VTD: 235EAST - EAST PRECINCT 950100: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 That portion of block 1018 excluding any incarcerated population assigned to such block 1019 1020 1021 1025 1026 1027 VTD: 235NORTH - NORTH PRECINCT 950200: 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

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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 1079 1080 1081 1086 1087 1088 1089 1091 1096 1097 1098 1099 1100 1101 1102 1103 1104 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122

District 002 Pulaski County VTD: 235NORTH - NORTH PRECINCT 950200: 3041 3042 5000 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6066 6067 6068 6078 6079 6080 6081 6082 950300: 1017 1018 1019 1020 1021 1189 1190 1191 VTD: 235SOUTH - SOUTH PRECINCT 950200: 5012 5014 5015 5016 5017 5018 5019 5020 5021 5027 5028 5029 5030 5031 5032 5033 5040 5041 5042 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 5067 5068 5069 5070 5071 5072 5073 5074 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6039 6040 6041 6042 6051 6052 6053 950300: 1011 1013 1014 1015 1016 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 1056 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1084 1116 1122 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1193

District 003 Pulaski County VTD: 235EAST - EAST PRECINCT 950100: 1023 1024 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1040 1042 1043 1044 1045 1046 1047 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040

GEORGIA LAWS 2013 SESSION
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 2078 2079 2080 2081 2082 2083 VTD: 235SOUTH - SOUTH PRECINCT 950200: 4006 4007 4008 4009 4014 4015 4016 4019 4025 4026 4028 4029 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4043 4044 4045 4046 4048 6031 6032 6033 6034 6035 6036 6037 6038 6043 6044 6045 6046 6047 6048 6049 6050 6054 6055 6056 6057 6058 6059 6060 6061 6062 6063 6064 6065 6069 6070 6071 6072 6073 6074 6075 6076 6077 6083 950300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1012 1055 1057 1058 1059 1060 1061 1082 1083 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 1117 1118 1119 1120 1121 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 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 1166 1167 1168 1169 1170 1171 1187 1188 1192 1194 1195
District 004 Pulaski County VTD: 235EAST - EAST PRECINCT 950100: 1022 1039 1041 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2020 2021 2022 2077 VTD: 235NORTH - NORTH PRECINCT 950200: 1076 1077 1078 1082 1083 1084 1085 1090 1092 1093 1094 1095 1105 1106 1107 1108 1109 1110 1123 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3043 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011

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5013 5022 5023 5024 5025 5026 5034 5035 5036 5037 5038 5039 5043 5044 VTD: 235SOUTH - SOUTH PRECINCT 950200: 4000 4001 4002 4003 4004 4005 4010 4011 4012 4013 4017 4018 4020 4021 4022 4023 4024 4027 4030 4031 4042 4047 4049

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to provide for the restructuring of the governments of the City of Hawkinsville and Pulaski County; to create and incorporate a new political body corporate under the name Hawkinsville-Pulaski County, Georgia; 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 of a referendum; 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, Buddy Harden, 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 Hawkinsville Dispatch & News which is the official organ of Pulaski County on February 6, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BUDDY HARDEN Buddy Harden Representative, District 148
Sworn to and subscribed before me, this 11th day of February 2013.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

GEORGIA LAWS 2013 SESSION

Approved April 24, 2013.

__________

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COBB COUNTY COBB COUNTY COMMISSION ON CHILDREN AND YOUTH; ANNUAL REPORT; CHANGE TERMINATION DATE;

No. 82 (House Bill No. 281).

AN ACT

To amend an Act creating the Cobb County Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4307), so as to provide for an annual report; to change the termination date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Cobb County Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4307), is amended by revising Section 4 as follows:

"SECTION 4. The commission shall produce an annual report as of September 30 each year of its findings and recommendations. Within 180 days of the production of such annual report, the commission shall submit such annual report to each member of the Cobb County legislative delegation, the board of commissioners of Cobb County, and the judicial officers of Cobb County."

SECTION 2. Said Act is further amended by revising Section 11 as follows:

"SECTION 11. The commission shall stand abolished July 1, 2024."

SECTION 3. 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 in the regular 2013 session of the General Assembly of Georgia a bill to amend an Act creating the Cobb County Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569, as amended; and for other purposes.

Representative John Carson District 46

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Carson, who on oath deposes and says that he 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 Marietta Daily Journal which is the official organ of Cobb County on February 1, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JOHN CARSON John Carson Representative, District 46

Sworn to and subscribed before me, this 8th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 24, 2013.

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GEORGIA LAWS 2013 SESSION CITY OF DEMOREST CORPORATE LIMITS.

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No. 85 (House Bill No. 609).

AN ACT

To amend an Act entitled "An Act to provide a new charter for the City of Demorest," approved May 5, 2006 (Ga. L. 2006, p. 4301), as amended, so as to provide that the corporate limits of such city shall include certain property; to provide for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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 Demorest," approved May 5, 2006 (Ga. L. 2006, p. 4301), as amended, is amended by inserting at the end of Section 1.11 a new subsection to read as follows:
"(c) Notwithstanding the provisions of subsection (a) of this section, the following described tracts of land shall constitute a part of the territorial limits of the City of Demorest:
Tract I Tax Parcel 56 All that tract or parcel of land situated lying and being in Land Lot 39 of the 10th District of Habersham County, Georgia and being that 8.08 acre tract of land as shown on a plat of survey for Betty Martin dated October 25, 2004, recorded in Plat Book 56 Page 236 in the office of the Clerk of the Superior Court of Habersham County, Georgia.

Tract II Tax Parcel 57 All that tract or parcel of land lying and being in Land Lot 39 of the 10th Land District of Habersham County, Georgia, known and designated as Lot Number 6 of Block 1 of Green Acres Subdivision as shown on plat of said Subdivision made by O. F. Smith, C.S., R.S., under date of April, 1956, a copy of said plat being of record in the Office of the Clerk of Superior Court of Habersham County, Georgia, in Plat Book 6, page 12, said lot fronting 125 feet on the Southeastern side of Adams Drive and being part of the same land conveyed by Warranty Deed from G. A. Turner to Thomas Louis Wall and Lois Mae Wall, dated February 2, 1962, recorded in the Office of the Clerk of Superior Court of Habersham County, Georgia, in Deed Book A-83, page 80.

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Tract III Tax Parcel 58 All that tract or parcel of land situated lying and being in Land Lot 39 of the 10th District of Habersham County, Georgia and being Lots 1 and 2 of Block I, Green Acres Subdivision, as shown on that survey by C.F. Smith Georgia Registered Land Surveyor dated April 1956, and recorded April 27, 1956, in Plat Book 6 Page 12 in the office of the Clerk of Superior Court of Habersham County, Georgia.

Tract IV Tax Parcel 59 All that tract or parcel of land situated lying and being in Land Lots 39 and 44 of the 10th District of Habersham County, Georgia and being more particularly described as follows: to find the point of beginning commence at the intersection of the South Right of Way Line of Adams Drive and the West Right of Way Line of U.S. Hwy 23-441 and from said point proceed in a southerly direction along the West Right of Way Line of U.S. Hwy 23, 140 feet to the point of beginning; thence South 59 Degrees 44 Minutes West 127.30 feet to a point thence South 59 Degrees 47 Minutes West 125.90 feet to a point thence North 26 Degrees 46 Minutes West 140.50 feet to a point on the Southeast Right of Way Line of Adams Drive thence South 62 Degrees 36 Minutes West 372.90 feet along the Southeast Right of Way Line of Adams Drive to a point thence South 26 Degrees 36 Minutes East 159.50 feet to a point thence South 59 Degrees 11 Minutes West 124.75 feet to a point thence South 55 Degrees 25 Minutes West 129.10 feet to a point thence South 58 Degrees 39 Minutes West 122.90 feet to a point thence South 60 Degrees 18 Minutes West 256.10 feet to a point on the Northwest Right of Way Line of Spencer Drive thence South 59 Degrees 7 Minutes East along the Northwest Right of Way Line of Spencer Drive 460.50 feet to the intersection of the Northwest Right of Way Line of Spencer Drive and the Northeast Right of Way Line of Morland Street thence North 29 Degrees 9 Minutes East along the Northeast Right of Way Line of Morland Street 390.28 feet to a point thence North 78 Degrees 35 Minutes East 417.87 feet to a point thence North 78 Degrees 36 Minutes East 199.98 feet to a point on the West Right of Way Line of U.S. Hwy 23/Georgia 441 thence North 4 Degrees 37 Minutes West along said Right of Way Line 435.50 feet to the point of beginning. All that tract or parcel of land lying and being in Land Lot 44 of the 10th Land District of Habersham County, Georgia, containing 1.35 acres, more or less, designated as Lots 17 and 18 of Block Two of the Spencer Estate according to Plat of Survey prepared by Hubert Lovell, R.S., dated February 12, 1982, said plat being recorded among Habersham County, Georgia Records in Plat Book 17, Page 301, and being more fully described as follows:
BEGINNING at concrete monument common to Land Lots 38, 39, 44 and 45 of said County and District; running thence North 59 degrees 58 minutes East 50.5 feet to iron

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pin; then North 60 degrees 00 minutes East 166.9 feet to iron pin located on the westerly boundary of the unopened portion of Spencer Drive; running thence North 60 degrees 00 minutes East 45.5 feet to concrete monument corner located on the easterly boundary of the unopened portion of Spencer Drive as shown on said plat; thence along said easterly boundary of the unopened portion of Spencer Street South 59 degrees 48 minutes East 458.9 feet to concrete monument located at the intersection of the unopened portion of Moreland Street with the intersection of the unopened portion of Spencer Drive; thence South 60 degrees 21 minutes East 40.3 feet to iron pin corner at a point common to the point of intersection of the easterly boundary of the unopened portion of Moreland Street with the northerly boundary of the unopened portion of Spencer Drive; running thence along the easterly boundary of the unopened portion of Moreland Street North 29 degrees 26 minutes West 200.0 feet to concrete monument corner common to Lots 18 and 19 of Block TWO of the Spencer Estate, the TRUE POINT OF BEGINNING of the tract herein described and conveyed; thence continuing along the easterly boundary of the unopened portion of Moreland Street North 29 degrees 26 minutes East 198.4 feet to iron pin corner common to lands now or formerly of Raper; thence along the line common to lands now or formerly of Raper South 63 degrees 10 minutes East 278.2 feet to iron pin corner; thence South 23 degrees 24 minutes West 210.0 feet to concrete monument corner common to Lots 2, 3, 18 and 19 of Block TWO of the Spencer Estate; running thence along the line common to Lots 18 and 19 of said Estate North 60 degrees 59 minutes West 300.0 feet to concrete monument, the TRUE POINT OF BEGINNING. The land herein described and conveyed is a portion of the land described and conveyed in Warranty Deed from W. O. Watson to Paul B. Allen, dated November 15, 1958, recorded among Habersham County, Georgia Records in Deed Book A-75, at Page 166. Also included herewith is that certain property located in Land Lot 44 of the 10th District of Habersham County, Georgia, and being shown as Morland Street as shown on the Plat of Survey for Habersham County Hospital dated May 2, 1964 by JNO. F. Carey, Surveyor.

Tract V Tax Parcel 61 All that tract or parcel of land situated lying and being in Land Lot 44 of the 10th District of Habersham County, Georgia and being that 0.657 acre tract of land as shown on that plat of survey by Kenyon L. Miller Georgia Registered Land Surveyor dated September 18, 2001, recorded in Plat Book 51 Page 26 in the office of the Clerk of the Superior Court of Habersham County, Georgia.

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Tract VI Tax Parcel 62 All that tract or parcel of land situated lying and being in Land Lot 44 of the 10th District of Habersham County, Georgia and being that 0.48 acre tract of land as shown on a plat of survey by Hubert Lovell dated July 11, 1989, and recorded September 13, 1989, in Plat Book 27 Page 202 in the office of the Clerk of the Superior Court of Habersham County, Georgia.

Tract VII Tax Parcel 95 All that tract or parcel of land situated lying and being in Land Lot 40 of the 10th District of Habersham County, Georgia, and being that certain 1.2 acre tract as shown on a plat of survey by Hubert Lovell Georgia Registered Land Surveyor for Habersham Mill dated January 9, 1973, recorded November 26, 1974, in Plat Book 12 Page 155 in the office of the Clerk of the Superior Court of Habersham County, Georgia. Less and except all that tract or parcel of land situated lying and being in Land Lot 40 of the 10th District of Habersham County, Georgia and being more particularly described as follows: to find the point of beginning commence at a concrete marker located at the intersection of the Southeast Right of Way line of U.S. Hwy 441 U.S. Business. Georgia Hwy 385 (having a variable Right of Way) and the West line of Land Lot 40 and from said point proceeding thence South 29 Degrees 45 Minutes East 103.37 feet along said Land Lot line to a concrete monument thence continuing South 22 Degrees 45 Minutes East 71.85 feet along said line to an iron pin thence continuing South 29 Degrees 45 Minutes East 25.15 feet along said line to a nail set in pavement and the point of beginning thence North 00 Degrees 15 Minutes East 80.48 feet to an iron pin set on the Right of Way of the abandoned Tallulah Falls Railroad thence South 08 Degrees 11 Minutes East 218.89 feet to an iron pin set at the intersection of the Right of Way of the abandoned Tallulah Falls Railroad and the West line of Land Lot 40 thence North 29 Degrees 45 Minutes West 57.35 feet along said Land Lot line to an iron pin thence continuing along said Land Lot line North 29 Degrees 45 Minutes West 136.22 feet to the point of beginning. This description is in accordance with a plat of survey for Mt. Carmel Baptist Church by Lovell, Duvall, Miller and Associates, Inc."

SECTION 2. The governing authority of the City of Demorest 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.

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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
Pursuant to Article III V, Paragraph IX of the Constitution of the State of Georgia and O.C.G.A. 28-1-14, notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia local legislation to amend the Charter for the City of Demorest to annex certain properties generally known as the Habersham Medical Center Main Campus and Grace Gate, Demorest, Georgia into the corporate limits of the City of Demorest; to provide for any and all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
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 March 8, 2013, 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 13th day of March, 2013.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)
Approved April 26, 2013.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
HENRY COUNTY HENRY COUNTY WATER AND SEWERAGE AUTHORITY; NAME; POWERS.

No. 87 (House Bill No. 522).

AN ACT

To amend an Act creating the Henry County Water and Sewerage Authority, approved March 28, 1961 (Ga. L. 1961, p. 2588), as amended, so as to change the name of the authority; to change the provisions relating to powers of the authority; to establish the power of the authority to implement programs and regulations for water quality protection, watershed protection, and water conservation; to establish the power of the authority to enter into intergovernmental agreements with respect to water and sewer services; to provide for related matters; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Henry County Water and Sewerage Authority, approved March 28, 1961 (Ga. L. 1961, p. 2588), as amended, is hereby amended by revising Section 1 as follows:

"SECTION 1. (a) The Henry County Water Authority is hereby authorized to acquire, construct, install, equip, operate, and maintain a water system in Henry County; to collect rates, fees, and charges for the services provided by such water system; to borrow money for such purpose by the issuance of revenue bonds or otherwise and to pledge to the payment thereof the revenues of such undertaking and to join with the county in the issuance of revenue bonds for that purpose. As used in this Act, the term 'water system' means and is deemed to include facilities and services used or useful in connection with the obtaining of a water supply and the conservation, treatment, and disposal of water for public and private uses in the authority's area of operation, whether within or without the boundaries of Henry County. (b) The authority is hereby authorized in connection with the operation of such water system:
(1) To acquire, construct, own, operate, and maintain a water system, together with the right to acquire property and interests in property in connection therewith, including projects embracing sources of water supply and related facilities; (2) To sell water and its related facilities to individuals, private concerns, governmental agencies, and municipalities and counties in the State of Georgia, and to accept franchises for that purpose granted by other municipalities and by counties of the State of Georgia;

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(3) To prescribe, fix, charge, impose, assess, and collect rates, fees, tolls, assessments, and charges and to revise from time to time and collect such rates, fees, tolls, assessments, or charges for the services, facilities, or commodities furnished by such water system; to classify and differentiate such rates, fees, tolls, assessments, or charges in any reasonable manner, taking into account such factors the authority deems reasonable under the circumstances; to issue executions for amounts past due; and to comply with any state or federal laws and regulations applicable thereto; which rates, fees, tolls, assessments, and charges shall be sufficient to retire any revenue bonds or other indebtedness incurred in the construction, maintenance, operation, and expansion of such water system, and to provide for any reserves and funds required to be maintained in connection with the issuance of any such revenue bonds, together with sufficient amounts to pay the current operating costs of such water system; (4) To adopt and establish by resolution or otherwise standards, rules, and regulations with respect to the operation of such water system and to enforce same and to enforce any other laws or ordinances of this state or Henry County or any other political subdivision thereof applicable to the water system; and (5) To take such other action as may be required to discharge all duties imposed by any law or regulation on Henry County or on the authority, or on any other county, municipality, or other political subdivision contracting with the authority for such purpose, in connection with the operation of a water system in the authority's area of operation."

SECTION 2. Said Act is further amended by revising subsection (a) of Section 4 as follows:
"(a) The water system and any other facilities, systems, and utilities authorized to be acquired, constructed, and operated under this Act shall be acquired, constructed, maintained, owned, and operated for and on behalf of Henry County by the 'Henry County Water Authority.' For all purposes, the Henry County Water Authority shall be and shall be deemed to have and possess all rights, obligations, powers, authority, and privileges as the 'Henry County Water Authority' originally created pursuant to an Act of the General Assembly approved March 28, 1961 (Ga. L. 1961, p. 2588), and renamed the 'Henry County Water and Sewerage Authority' pursuant to an Act of the General Assembly approved April 3, 1972 (Ga. L. 1972, p. 3567)."

SECTION 3. Said Act is further amended by revising Section 5.1 as follows:

"SECTION 5.1. The Henry County Water Authority shall be and is hereby created and constituted a public corporation and a public authority. The authority shall enjoy the same immunity from suit

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

as that enjoyed by Henry County. In addition to these and any other powers of the authority provided under this Act, the Henry County Water Authority shall be authorized:
(1) To sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity; (2) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage water projects and sewer projects, whether wholly within or wholly outside Henry County or partially within and partially outside Henry County; (3) To acquire by purchase, lease, gift, condemnation, or otherwise, and to own, hold, operate, maintain, lease, and dispose of real and personal property or rights therein of every kind and character for its corporate purposes. Without limiting the generality of the foregoing, the authority shall be further authorized:
(A) To dispose of its real property in its discretion at public sale after advertising notice of such sale in the official legal organ of Henry County once each week for four successive weeks preceding the date of sale. Any such public sale shall be conducted on the courthouse steps at the Henry County Courthouse in McDonough, Georgia, and shall be on such terms and subject to such conditions as the authority deems to be in its best interests; (B) To dispose of its real property by accepting sealed bids for same after advertising notice of such sale in the official legal organ of Henry County once each week for two successive weeks preceding the date of sale; provided, however, nothing in this subparagraph shall preclude the authority from additionally advertising such sale at such times, in such media, and in such manner as the authority shall determine. Any such sale by sealed bids shall be sufficient for the purposes of this paragraph if the price to be received is not less than the value of such property. For the purpose of this subsection, 'value' shall be determined in the following manner: The authority shall obtain at least two certified appraisals, as defined in Code Section 43-39A-2 of the O.C.G.A., of the subject property, and the 'value' of such property shall be the average of the appraisal prices for such property; and (C) To dispose of its personal property at public sale after advertising notice of such sale in the official legal organ of Henry County once each week for two successive weeks preceding the date of sale; provided, however, nothing in this subparagraph shall preclude the authority from additionally advertising such sale at such times, in such media, and in such manner as the authority shall determine. Any such public sale shall be conducted at such location, within or without Henry County, as may be designated by the authority and shall otherwise be on such terms and subject to such conditions as the authority deems to be in its best interest; (D) To exchange its property for other property, whether real or personal, if the property to be received by the authority is of equal or greater value than that to be exchanged. For the purpose of this subsection, 'value' shall be determined as provided in subparagraph(B) of this paragraph;

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(E) To acquire property by executing nonrecourse purchase money installment notes for the purchase of real property, secured solely by a purchase money security interest in the property being purchased. The interest on such instruments shall be exempt from all income taxation within the State of Georgia; (F) 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 (G) To acquire property of all kinds, real and personal, through the execution of lease-purchase contracts with any entity, public or private, in accordance with Code Section 36-60-13 of the O.C.G.A., to the same extent as if the authority were a county or a municipality; and any such entity from whom the authority leases property shall be authorized to assign, pledge, mortgage, hypothecate, and otherwise grant a security title or interest in and to any such property and any such lease with the authority as security for the repayment of notes, bonds, certificates of participation, or other obligations incurred by such entity. It is expressly provided, however, that the authority shall not, without the county's prior written approval in each instance, be authorized to undertake any transaction that would limit the county's ability to execute any such transactions for county purposes, including without limitation by way of reducing or counting against the limitation provided for in subsection (h)(1)(B) of Code Section 36-60-13 of the O.C.G.A., as amended; (4) To enter into agreements with any person or entity, public or private, in furtherance of the efficient and economical ownership and operation of its water and sewer utility systems, including without limitation agreements with respect to acquiring a source of water supply, providing sewer service, water quality and conservation services, preparing engineering data, plans, and specifications for water or sewer utility systems, providing for the testing and inspection of facilities constructed, providing for rates, tolls, fees, charges, and assessments to be charged, imposed, assessed, and collected for water and sewer services furnished to users and those benefiting from such systems, providing for the reading of meters and keeping of pertinent records, and apportioning or designating the responsibility for any functions normally maintained by water or sewer utility systems at the most reasonable cost possible; (5) To make contracts or leases with any entity, whether public or private, within or without the State of Georgia, and including the federal government or any department, agency, or subsidiary corporation thereof, and to execute all instruments necessary or convenient to the efficient exercise by the authority of its powers and duties under this

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Act, including contracts for construction of water projects and sewer projects as defined in Section 9 of this Act, and leases of such projects or contracts with respect to the use of such projects which it causes to be erected or acquired, and any and all persons, firms, and corporations and any and all counties, municipalities, special districts, and other political subdivisions, wherever located, and the State of Georgia and all departments, institutions, or agencies of the State of Georgia and the federal government and all departments, agencies, and subsidiary corporations of the federal government are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. In addition, the authority and all municipal corporations, special districts, counties, and other political subdivisions of the State of Georgia are specifically authorized to enter contracts, lease agreements, or other undertakings relative to the furnishing of water and sewer services and facilities by the authority to such municipal corporations, special districts, counties, or other political subdivisions for a term not exceeding 50 years and in the case of any county, municipality, special district, or other political subdivision of the State of Georgia, or the State of Georgia itself, the full faith, credit, and taxing power of such entity may be pledged thereto; (6) To exercise within, throughout, and outside the territorial boundaries of Henry County the following governmental functions: the right to regulate, monitor, inspect, and repair water or sewer utility systems and related appurtenances and facilities, pump stations, on-site sanitary sewerage facilities, septic tanks, grease traps, pretreatment facilities, retention and detention facilities, and any and all other related equipment, facilities, and systems, and to determine whether any property or user has complied with the ordinances, rules, regulations, and permits applicable to such person or user. The authority shall have the right, power, and authority to enforce such ordinances, rules, regulations, and permits on its own behalf and in its own name by levy of fines and administrative or civil penalties, issuance of stop-work orders, suspension or revocation of permits, or any other means determined by the authority to be appropriate and necessary and otherwise as authorized by law. Without limiting the foregoing, the authority shall be further authorized to contract with any other county, municipality, special district, or other political subdivision, or the State of Georgia, or any department, agency, or instrumentality of the State of Georgia, or the federal government or any department, agency, or subsidiary corporation of the federal government, with respect to such governmental functions, and in such case shall be fully authorized to exercise such functions on behalf of any such entity throughout the territory contemplated by such contract; (7) To make loans with, and accept grants or loans of money or materials or property of any kind from, the United States of America or the State of Georgia or any department, agency, or instrumentality thereof, upon such terms and conditions as the United States of America, the State of Georgia, or such department, agency, or instrumentality may impose;

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(8) To implement programs and regulations to protect water quality; (9) To implement programs and regulations for water conservation purposes; (10) To borrow money for its corporate purposes; to evidence such borrowings by the issuance of notes, bonds, bond anticipation notes, or similar instruments; and to pledge all or any part of its revenues to the repayment thereof; (11) To have and to exercise all rights and powers inuring to any 'governmental body' under Article 3 of Chapter 60 of Title 36 of the O.C.G.A., the 'Revenue Bond Law,' as amended, including without limitation each of the powers enumerated in Code Section 36-82-62 of the O.C.G.A., as in effect and as the same may hereafter be amended; and (12) To do all things necessary or convenient to carry out the powers expressly given in this Act. The powers conferred this section shall be cumulative and any such powers may be exercised independently of the exercise of any other such powers. In no event shall the specific grant of any power conferred herein be construed so as to limit the generality of any other paragraph."

SECTION 4. Said Act is further amended by inserting a new section to read as follows:

"SECTION 5.2. The Henry County Water Authority shall have the right, power, and authority to exercise enforcement powers over its water system and sewer system. The authority, through its agents and employees, shall have the right of entry onto public or private property for the purposes of surveying, testing, evaluating, and appraising for suitability for water and sewer services and facilities, or for determining compliance with the ordinances, rules, and regulations adopted by the authority pursuant to the power granted by this Act or by Henry County or by any other county, municipality, or other political subdivision contracting with the authority as provided by this Act, or for determining compliance with any permits issued by or to the authority or by or to Henry County or any other county, municipality, or other political subdivision contracting with the authority. The authority shall have the right, power, and authority to adopt and to enforce ordinances, standards, rules, and regulations; to require permits; and to perform all other acts which are necessary, proper, or incidental to the efficient ownership, operation, and development of the authority's water and sewer systems; and this Act shall be construed liberally to that end. The authority shall have the right, power, and authority to issue stop-work orders, to deny, suspend, or revoke permits, and to provide by ordinance, rule, or regulation for the assessment, imposition, and collection of assessments, fees, charges, tolls, and other amounts in connection with water and sewer services and facilities and the cost of collection, including without limitation all reasonable attorneys' fees and out-of-pocket expenses incurred in connection therewith."

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SECTION 5. Said Act is further amended by revising Section 7 as follows:

"SECTION 7.

(a) The authority shall have the power to employ or discharge its employees at its pleasure. (b) The authority shall have the further power to appoint and employ a general manager to manage the authority's water and sewerage system. The authority is authorized to delegate to such general manager such duties and responsibilities as the authority determines to be in its best interest, including the appointment, selection, employment, and engagement, as applicable, of such other employees, agents, and professionals as shall be necessary in the judgment of the authority to accomplish its purposes. (c) The authority shall make annual reports to the county governing authority of all moneys it has received and expenditures made in the operation of its water and sewerage systems, which requirement shall be satisfied by the annual audit report prepared by the auditors engaged by the authority for such purpose."

SECTION 6. Said Act is further amended by revising Section 9 as follows:

"SECTION 9. (a) The Henry County Water Authority is hereby authorized to acquire, construct, install, equip, operate, and maintain a sewerage system in Henry County; to collect rates, fees, and charges for the services provided by such sewerage system; to borrow money for such purpose by the issuance of revenue bonds or otherwise and to pledge to the payment thereof the revenues of such undertaking and to join with the county in the issuance of revenue bonds for that purpose. As used in this Act, the terms 'sewer' and 'sewerage' shall, unless the context requires otherwise, mean and be deemed to include facilities and services for the collection, conveyance, treatment, pretreatment, retention, discharge, and disposal of waste water, and any other facilities and services determined by the authority to be necessary and efficient for the acquisition, construction, operation, and maintenance of a sewerage system in the authority's area of operation. (b) The sewerage system acquired, constructed, operated, and maintained by the authority for and on behalf of Henry County shall be held and operated with the water system as a combined, revenue-producing undertaking. (c) The authority is hereby authorized in connection with the operation of such sewerage system:
(1) To prescribe, fix, charge, impose, assess, and collect rates, fees, tolls, assessments, and charges and to revise from time to time and collect such rates, fees, tolls, assessments, or charges for the services, facilities, or commodities furnished by such sewerage system; to classify and differentiate such rates, fees, tolls, assessments, or

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charges in any reasonable manner, taking into account such factors the authority deems reasonable under the circumstances; to issue executions for amounts past due; and to comply with any state or federal laws and regulations applicable thereto; (2) To adopt and establish by resolution or otherwise standards, rules, and regulations with respect to the operation of such sewerage system and to enforce same and to enforce any other laws or ordinances of this state or Henry County or any other political subdivision thereof applicable to the sewerage system; (3) To provide for the adoption, promulgation, establishment, and administration by resolution, regulation, rule, or otherwise of standards and provisions for regulating, enforcing, amending, monitoring, and compelling compliance with the terms, conditions, and provisions of a pretreatment program pertaining to the pretreatment of industrial waste-water effluent that is to be delivered into the authority's sewerage system and is to be treated by the waste-water treatment facilities of the authority; (4) To take such action as may be necessary to enable the authority to comply with the requirements and provisions of the Federal Water Pollution Control Act, as amended (33 U.S.C. Section 1251 et seq.), and Article 2 of Chapter 5 of Title 12 of the O.C.G.A., the 'Georgia Water Quality Control Act,' as amended, and the respective regulations promulgated thereunder, and any additional restrictions that are required in order to allow the authority to comply with its discharge and treatment permits; (5) To make application to the Superior Court of Henry County, Georgia, for injunctive relief against any person who has engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of such pretreatment ordinances or regulations by seeking an order enjoining and restraining such act or practice; and upon a showing by the authority that such person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing a lack of adequate remedy at law; (6) To provide that any person, firm, or corporation that fails to comply with any of the pretreatment standards or requirements set forth in such pretreatment regulations or ordinances shall be liable to civil penalty not to exceed $1,000.00 per day for each day during which such noncompliance continues; and (7) To take such other action as may be required to discharge all duties imposed by any law or regulation on Henry County or on the authority, or on any other county, municipality, or other political subdivision contracting with the authority for such purpose, in connection with the collection, conveyance, treatment, pretreatment, retention, discharge, and disposal of waste water in the authority's area of operation."

SECTION 7. Said Act is further amended by inserting a new section to read as follows:

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"SECTION 9.1. For the public purpose of ensuring water quality in Henry County for the public health and welfare of the inhabitants of Henry County and to ensure the quality of the water provided by the authority's water system:
(1) The authority shall be and is hereby authorized to inspect all on-site sewage disposal systems which have been installed on property for which the authority provides water service for the purpose of ensuring the proper operation of such systems; to have the right of entry to go onto such property for the purposes of inspecting on-site sewage disposal systems and repairing such systems under the authority granted by this section; to recommend repairs to such systems as are necessary, in the opinion of the authority, to make such systems operate properly; to perform such repairs as the authority considers necessary to make such systems operate properly in the event that the property owner fails or refuses to perform the repairs recommended by the authority; or to discontinue water service if determined appropriate in the discretion of the authority; to assess the cost of any repairs performed by the authority or its agents against the owner of the property on which such repairs were performed and to impose a lien for the costs of such repairs upon the real estate records of the clerk of the Superior Court of Henry County or to proceed with any other action to collect such sums; and to take any action in any court to enforce the provisions of this section; (2) The authority shall be further authorized to adopt ordinances, rules, and regulations for the purposes of ensuring water quality and watershed protection in Henry County and to enforce the same throughout the area of its operation. In the event that the authority determines noncompliance with any such watershed protection or water quality ordinances, rules, or regulations, the authority may redress any such noncompliance as provided elsewhere in this Act, subject to the appeals procedures also provided for by this Act. Without limiting the generality of the foregoing, the authority is hereby authorized to refuse to provide water or sewer service, or in areas where it is already providing water or sewer service, to discontinue such service, within any portion of the area of its operation if the authority determines in its sole discretion that the ordinances, rules, and regulations of the authority or of Henry County adopted to assure adequate water quality in Henry County are not being complied with in such areas. Furthermore, if any other political subdivision with zoning authority in such area of the authority's operations shall adopt zoning ordinances that fail to meet the standards of the authority's water protection ordinances or shall fail to enforce or shall by variance or otherwise waive the requirements of such zoning ordinances so that the authority's water protection ordinances are not being complied with in such areas, then in addition to and not in lieu of any other enforcement powers granted to the authority by this Act or by any other provision of law, in any and all such cases the authority is hereby authorized to refuse to provide water or sewer service, or in areas where it is already providing water or sewer service, to discontinue such service in such area."

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SECTION 8. Said Act is further amended by revising Section 10 as follows:

3797

"SECTION 10.

Notwithstanding that the water or sewerage systems that may be constructed under the provisions of this Act or under the supervision of the authority as provided in this Act shall be owned by the authority and acquired in its name, such systems shall be held by the authority for and on behalf of Henry County solely and expressly for the purposes authorized by this Act. Nothing in this Act shall be construed to limit Henry County in issuing bonds, revenue bonds, or any other means of financing as are now or hereafter recognized by law for the development of such water or sewerage facilities. The powers and rights conferred by this Act shall be cumulative to the powers and rights that now exist."

SECTION 9. Said Act is further amended by adding new sections to read as follows:

"SECTION 10.1

Any revenue bonds issued by the authority pursuant to this Act shall not be deemed to constitute a debt of Henry County nor a pledge of the faith and credit of such county, nor shall the county be subject to any pecuniary liability hereon. The revenue bonds authorized to be issued pursuant to this Act shall not be payable from, nor a charge upon, any funds other than the revenues pledged to the payment hereof. No owner of any such revenue bonds shall ever have the right to compel the exercise of the taxing power of Henry County to pay the same, or the interest thereon, or to enforce payment thereof against any other property of Henry County, nor shall any such revenue bonds constitute a charge, lien, or encumbrance, legal or equitable, upon any other property of Henry County; provided, however, as authorized by an amendment to Article VII, Section IV, Paragraph II of the Constitution of the State of Georgia of 1945 (Ga. L. 1968, p. 1739), the governing authority of Henry County is authorized to levy a tax, in addition to any other tax authorized to be levied, not to exceed two mills per dollar on all taxable property located in such county to be appropriated and used for water or water and sewerage purposes and to guarantee payment, in whole or in part, of water or water and sewerage revenue bonds issued, from time to time, by the county and the authority and to otherwise support and maintain the operations of a water or water and sewerage system of Henry County.

SECTION 10.2 (a) In the event the authority determines that a violation of any ordinance, rule, regulation, or standard adopted or promulgated by the authority pursuant to the authority granted by

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this Act may have occurred, the general manager of the authority, or such other agent or employee the authority designates as its hearing officer, after a hearing shall determine whether or not any such person is in noncompliance of any such standard or requirement and may, upon a proper finding, issue his or her order imposing such civil penalties as provided in this Act. Any person so penalized is entitled to judicial review. In this connection, all hearings and proceedings for judicial review shall be in accordance with Code Section 50-13-19 of the O.C.G.A. and venue shall be in the Superior Court of Henry County. All penalties recovered by the authority shall be paid into the authority's water and sewerage revenue fund, as the authority may determine based upon the nature of the violation. Upon the issuance of any order assessing a civil penalty and after the expiration of 30 days following the date of any such order, with no appeal taken as provided in Chapter 13 of Title 50 of the OC.G.A., the 'Georgia Administrative Procedure Act,' the authority, by and through its general manager or such other employee as the authority designates, shall have the right and power to issue executions on any such order assessing a civil penalty, and in the amount thereof such execution shall be enforceable as provided in paragraph (b) of this section. (b) Any such executions provided for by paragraph (a) of this section, and any other rates, fees, charges, tolls, assessments, or other amounts authorized by this Act or owing to the authority by virtue of the powers enumerated by this Act, the interest thereon and the expenses of collection, including without limitation reasonable attorney fees and out-of-pocket expenses, shall constitute a lien upon and against the land and other properties of the assessed party which lien shall be of equal priority, rank, and dignity and having the same attributes, rights, and powers as to collection and foreclosure thereof as an execution for unpaid ad valorem taxes of the State of Georgia or Henry County. (c) Nothing in this Act is to be construed to authorize the authority to levy or assess fines or civil penalties against Henry County or its property."

SECTION 10. Said Act is further amended by substituting the words "Henry County Water Authority" for the words "Henry County Water and Sewerage Authority" each place they appear.

SECTION 11. This Act, being for the welfare of various political subdivisions of this state and its inhabitants, shall be liberally construed to effect the purposes of this Act.

SECTION 12. If any section, portion, provision, sentence, paragraph, or part of this Act shall be held invalid, the whole of this Act shall not become void, but only so much of the same as may be declared void.

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SECTION 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 14. All laws or parts of laws in conflict with this Act are hereby repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act creating the Henry County Water and Sewerage Authority approved March 28, 1961 (Ga. L. 1961, p. 2588), as amended; and for other purposes.
This 5th day of February, 2013
Honorable Dale Rutledge Representative, District 109
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dale Rutledge, who on oath deposes and says that he is the Representative from District 109 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Herald which is the official organ of Henry County on February 15, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DALE RUTLEDGE Dale Rutledge Representative, District 109
Sworn to and subscribed before me, this 1st day of March, 2013.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

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Approved April 29, 2013.

__________

CITY OF LOCUST GROVE CORPORATE LIMITS.

No. 88 (House Bill No. 551).

AN ACT

To amend an Act to create a new Charter for the City of Locust Grove, Georgia, in the county of Henry, approved April 7, 1976 (Ga. L. 1976, p. 4426), as amended, to change the corporate limits of such city; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to create a new Charter for the City of Locust Grove, Georgia, in the county of Henry, approved April 7, 1976 (Ga. L. 1976, p. 4426), as amended, is amended by adding a new subsection to Section 1.11 to read as follows:
"(c)(1) On and after the effective date of this subsection, the corporate limits of the City of Locust Grove, Georgia, shall also contain the following areas:

Parcel 1 (Price Drive): All that tract or parcel of land lying or being in Land Lot 202 of the 2nd District of Henry County, Locust Grove, Georgia and being more particularly described as follows:
Commencing at the common corner of Land Lots 182, 183, 203, and 202 thence North 00 degrees 14 minutes 04 seconds West, a distance of 600.00 feet to an iron pin set on the land lot line between Land Lots 203 and 202 and the point of beginning; thence North 00 degrees 14 minutes 05 seconds West, a distance of 489.67 feet to a 1/2" rebar; thence South 89 degrees 06 minutes 57 seconds East, a distance of 1166.29 feet to a 1/2" rebar; thence North 00 degrees 22 minutes 43 seconds East, a distance of 1459.66 feet to a iron pin set; thence South 89 degrees 38 minutes 17 seconds East, a distance of 1136.05 feet to a 1/2" rebar; thence South 89 degrees 38 minutes 17 seconds East, a distance of 616.60 feet to an open top pipe on the west right of way of Price Drive (apparent 50' r/w); thence South 03 degrees 29 minutes 43 seconds East, along said right of way, a distance of 331.31 feet to a 1/2" rebar; thence leaving said right of way South 89 degrees 29 minutes 17 seconds West, a distance of 639.15 feet to a 1/2" rebar; thence South 00 degrees 20 minutes 49 seconds West, a distance of 322.01 feet to a 1/2" rebar; thence, North 88 degrees

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57 minutes 59 seconds West, a distance of 199.86 feet to a 1"iron rod; thence South 01 degrees 18 minutes 01 seconds East, a distance of 808.56 feet to a 1/2" rebar; thence South 88 degrees 56 minutes 47 seconds East, a distance of 202.31 feet to a 1/2" rebar; thence South 88 degrees 16 minutes 56 seconds East, a distance of 56.00 feet to a 1/2" rebar; thence North 67 degrees 31 minutes 03 seconds East, a distance of 613.08 feet to an iron post on the West right of way of Price Drive (apparent 50' r/w); thence South 01 degrees 42 minutes 41 seconds West, along said right of way, a distance of 744.52 feet to a 1/2" rebar; thence leaving said right of way North 88 degrees 22 minutes 58 seconds West, a distance of 1396.30 feet to a 1/2" rebar; thence, North 89 degrees 18 minutes 05 seconds West, a distance of 1492.75 feet to a 1/2" rebar set and the point of beginning, containing 74.13 acres (3,229,170 square feet).

Parcel 2 (Bethlehem Road Tract A): All that tract or parcel of land lying or being in Land Lots 233, 234, 247, and 248 of the 2nd District of Henry County, Locust Grove, Georgia and being more particularly described as follows:
Beginning at the intersection of the easterly right of way of Interstate 75 and the southerly right of way of Bethlehem Road (100' r/w at this point); thence, North 62 degrees 02 minutes 03 seconds East, a distance of 186.29 feet, along the right of way of Bethlehem Road to a point; thence, continuing along said right of way, 497.64 feet along the arc of a curve to the left, said curve having a radius of 5779.58 feet and being subtended by a chord bearing North 59 degrees 34 minutes 03 seconds East, 497.48 feet to a point; thence, North 32 degrees 20 minutes 25 seconds West, a distance of 10.00 feet to a point on the southerly right of way of Bethlehem Road (80' at this point); thence, continuing along said right of way North 57 degrees 39 minutes 35 seconds East, a distance of 1064.58 feet to a point; thence, continuing along said right of way, 1083.20 feet along the arc of a curve to the right, said curve having a radius of 645.50 feet and being subtended by a chord bearing South 74 degrees 16 minutes 01 seconds East, 960.51 feet to a point; thence, South 26 degrees 11 minutes 36 seconds East, a distance of 463.60 feet to a point; thence, continuing along said right of way, 97.35 feet along the arc of a curve to the left, said curve having a radius of 600.00 feet and being subtended by a chord bearing South 30 degrees 50 minutes 29 seconds East, 97.24 feet, to a 1" open top pipe on said right of way; thence, leaving said right of way South 27 degrees 40 minutes 36 seconds West, a distance of 453.81 feet to a 1" open top pipe; thence, South 39 degrees 56 minutes 30 seconds West, a distance of 302.76 feet to a 1" open top pipe; thence, South 89 degrees 56 minutes 19 seconds East, a distance of 182.15 feet to a 1" open top pipe; thence, South 89 degrees 33 minutes 37 seconds East, a distance of 627.44 feet to a 1/2" rebar located on the westerly right of way of State Route 42 (80' r/w); thence, South 16 degrees 50 minutes

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31 seconds East, along said right of way, a distance of 415.06 feet to a point located on the westerly right of way of State Route 42; thence, leaving said right of way North 89 degrees 50 minutes 20 seconds East, a distance of 797.99 feet to a point; thence, South 16 degrees 50 minutes 31 seconds East, a distance of 232.00 feet to a 1/2" rebar; thence, South 89 degrees 50 minutes 20 seconds East, a distance of 798.00 feet to a point on the said westerly right of way of State Route 42; thence, South 16 degrees 50 minutes 31seconds East, along said right of way, a distance of 749.22 feet to a point located on the westerly right of way of State Route 42; thence, leaving said right of way South 89 degrees 56 minutes 29 seconds West, a distance of 1807.78 feet to a 1" open top pipe; thence, South 00 degrees 14 minutes 49 seconds West, a distance of 981.27 feet to a 1" open top pipe; thence, South 89 degrees 50 minutes 58 seconds West, a distance of 794.52 feet to a 1" open top pipe on the easterly right of way of Interstate 75; thence, along the said right of way the following courses and distances: North 26 degrees 04 minutes 52 seconds West, a distance of 931.07 feet to a concrete right of way monument; North 29 degrees 14 minutes 55 seconds West, a distance of 150.13 feet to a concrete right of way monument; North 31 degrees 05 minutes 05 seconds West, a distance of 200.89 feet to a concrete right of way monument; North 27 degrees 29 minutes 00 seconds West, a distance of 649.40 feet to a concrete right of way monument; North 27 degrees 43 minutes 01 seconds West, a distance of 699.30 feet to a point; North 64 degrees 36 minutes 01 seconds East, a distance of 100.00 feet to a point; North 26 degrees 29 minutes 25 seconds West, a distance of 305.37 feet to a point; North 00 degrees 05 minutes 45 seconds East, a distance of 152.60 feet to a point on the said right-of-way of Bethlehem Road and the point of beginning, containing 184.36 acres (8,030,612 square feet).

(2) On and after the effective date of this subsection, the corporate limits of the City of Locust Grove, Georgia, shall no longer include the following areas:

Parcel 1 (Frog/Lester Mill Tract): All that tract and parcel of land lying and being in Land Lot 182 of the 2nd Land District of Henry County, Georgia, and more particularly described as follows:
Commencing at the existing intersection of the Southerly Line of Land Lot 182 and the westerly R/W of Lester Mill Road (R/W varies), this point being THE POINT OF BEGINNING (P.O.B.). FROM THE POINT OF BEGINNING: thence N 1120'04" W a distance of 175.00' to a point; thence N 1224'29" W a distance of 114.68' to a point; thence N 1219'03" W a distance of 40.82' to a point; thence N 1127'33" W a distance of 164.42' to a point; thence N 1301'39" W a distance of 30.24' to a point; thence N 1358'21" W a distance of 118.85' to a point; thence N 1809'35" W a distance of 91.77' to a point; thence N 1833'07" W a distance of 213.39' to a point; thence N 1941'48" W a distance of 32.14' to a point; thence

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S 8803'22" E a distance of 330.64' to a point; thence N 1930'27" W a distance of 200.01' to a point; thence S 8504'06" E a distance of 340.60' to a point; thence S 8000'31" E a distance of 277.00' to a point; thence S 0307'00" W a distance of 225.86' to a point; thence S 8824'47" E a distance of 1738.18 to a point; thence S 0023'04" E a distance of 831.34' to a point; thence N 8838'47" W a distance of 2364.02' to THE POINT OF BEGINNING, containing 51.18 acres, together with all easements recorded or unrecorded.

Parcel 2 (Lester Mill Road Tract): All that tract or parcel of land lying and being in Land Lot 213, 2nd District, Henry County, Georgia, and being more particularly described as follows:
BEGINNING at the intersection of the south Land Lot Line of Land Lot 213 and the westerly Right of Way of Lester Mill Road (60' Right of Way); thence northerly along said Right of Way a distance of 795.07 feet to an iron pin set, being the POINT OF BEGINNING; thence North 8902'07" West, a distance of 1257.14 feet to a 1/2 inch pipe found; thence North 0100'48" East, a distance of 1203.53 feet to the centerline of Indian Creek; thence along the centerline of said creek the following calls: South 8052'23" East, a distance of 8.79 feet to a point; thence South 4835'58" East, a distance of 108.00 feet to a point; thence South 4907'16" East, a distance of 85.21 feet to a point; thence North 8324'54" East, a distance of 31.00 feet to a point; thence South 5725'34" East, a distance of 37.92 feet to a point; thence South 2949'31" East, a distance of 28.36 feet to a point; thence South 6812'28" East, a distance of 34.29 feet to a point; thence North 8415'47" East, a distance of 34.23 feet to a point; thence North 0351'01" West, a distance of 35.34 feet to a point; thence North 5059'26" East, a distance of 20.40 feet to a point; thence South 4831'55" East, a distance of 60.86 feet to a point; thence South 5338'54" East, a distance of 38.23 feet to a point; thence South 2351'51" East, a distance of 26.00 feet to a point; thence South 4602'31" East, a distance of 23.50 feet to a point; thence South 4520'23" East, a distance of 17.27 feet to a point; thence South 6704'47" East, a distance of 44.78 feet to a point; thence South 4712'48" East, a distance of 53.90 feet to a point; thence South 7747'55" East, a distance of 25.26 feet to a point; thence North 6006'07" East, a distance of 21.25 feet to a point; thence North 0611'36" West, a distance of 29.25 feet to a point; thence North 5450'40" East, a distance of 25.42 feet to a point; thence North 8012'08" East, a distance of 62.89 feet to a point; thence North 1127'15" West, a distance of 36.35 feet to a point; thence North 6022'41" East, a distance of 1125 feet to a point; thence South 6244'48" East, a distance of 107.46 feet to a point; thence South 4310'36" East, a distance of 34.23 feet to a point; thence South 0933'57" East, a distance of 52.09 feet to a point; thence North 8836'54" East, a distance of 35.58 feet to a point; thence North 8106'11" East, a distance of 52.29 feet to a point; thence South 7234'46" East, a distance of 37.96 feet to a point; thence South 6339'13" East, a distance of 64.67 feet

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

to a point; thence South 5207'03" East, a distance of 67.78 feet to a point; thence North 8622'23" East, a distance of 29.08 feet to a point; thence South 3304'17" East, a distance of 16.14 feet to a point; thence South 0017'41" West, a distance of 67.61 feet to a point; thence South 4939'09" East, a distance of 15.85 feet to a point; thence leaving said creek South 8851'32" East, a distance of 192.44 feet to a 5/8 inch rebar found on the western Right of Way of Lester Mill Road (60' Right of Way); thence along said Right of Way the following calls: South 0009'06" West, a distance of 148.50 feet to a point; thence South 0114'56" West, a distance of 245.18 feet to a point; thence South 0026'40" East, a distance of 340.57 feet to an iron pin set, being the POINT OF BEGINNING. Said tract contains 27.093 acres or 1180162 square feet.

Parcel 3 (Kahn Tract): All that tract or parcel of land situated and lying in Land Lots 247, 2nd Land District, Henry County, Georgia and being more particularly described as follows:
Beginning at a 1\2" rebar set the intersection of the northeasterly right of way line of the Norfolk Southern Railway (150' r/w) and the northeasterly right of way line of U.S. Route 23/State Route 42 (variable r/w); thence, North 0423'32" west, along the northeasterly right of way line of U.S. Route 23/State Route 42 (variable r/w), a distance of 161.35 feet to a 1\2" rebar set; thence, North 3040'46" West, continuing along the northeasterly right of way line of U.S. Route 23/State Route 42 (variable r/w), a distance of 124.41 feet to a 1\2" rebar set; thence, North 3538'59" West, continuing along the northeasterly right of way line of U.S. Route 23/State Route 42 (variable r/w), a distance of 108.89 feet to a 1\2' rebar set; thence, North 4134'06" West, continuing along the northeasterly right of way line of U.S. Route 23/State Route 42 (variable r/w), a distance of 207.80 feet to a 1\2" rebar set; thence, continuing along the northeasterly right of way line of U.S. Route 23/State Route 42 and along a curve to the left an arc distance of 189.25 feet to a 1\2" rebar found, said curve having a radius of 36,828.89 feet, a chord bearing of North 3910'04" west and a chord distance of 189.25; thence, South 5107'25" East, along the southerly line of tract 12, E. W. Evans estate, a distance of 260.01 feet to a 1\2" rebar found at the corner common to tract 12 and tract 11, E. W. Evans estate; thence, North 0051'59" West, along the line common to tract 12 and tract 11, E. W. Evans estate, a distance of 547.01 feet to a 1\2" rebar found on the southerly right of way line of Harris Drive (80' r/w); thence, North 8921'09" East, along the southerly right of way line of Harris Drive, a distance of 199.87 feet to a 1\2" rebar found at the corner common to tract 11 and tract 10, E. W. Evans estate; thence, South 0053'31" East, leaving the southerly right of way line of Harris Drive and along the line common to tract 11 and tract 10, a distance of 546.26 feet to a 1\2" rebar found at the corner common to tract 11 and tract 10; thence, the following calls along the southerly lines of tract 10 thru tract 1: North 8913'47" East, a distance of 199.76 feet to a

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1\2" rebar found; thence, North 8910'50" East, a distance of 199.95 feet to a 1\2" rebar found; thence, North 8912'05" East, a distance of 200.02 feet to a 1\2" rebar found; thence, North 8910'34" East, a distance of 199.97 feet to a 1\2" rebar found; thence, North 8910'54" East, a distance of 199.99 feet to a 1\2" rebar found; thence, North 8910'06" East, a distance of 200.08 feet to a 1\2" rebar found; thence, North 8911'02" East, a distance of 199.93 feet to a 1\2" rebar found; thence, North 8910'30" East, a distance of 200.00 feet to a 1\2" rebar found; thence, North 8911'56" East, a distance of 40.14 feet to a 1\2" rebar found on the apparent recognized and monumented west line of Land Lot 248; thence, the following calls along the apparent recognized and monumented west line of Land Lot 248; South 0048'22" East, a distance of 626.40 feet to a 1\2" rebar found; thence, South 0107'29" East, a distance of 558.44 feet to a 3\8" iron rod; thence, South 0053'39" East, a distance of 675.23 feet to a 3\8" iron rod, thence; South 0121'36" East, a distance of 671.12 feet to a 3" axle found at the apparent recognized southeast corner of Land Lot 248; thence, North 8927'59" West, along the apparent recognized and monumented south line of Land Lot 248, a distance of 268.35 feet to a 1\2" rebar set on the northeasterly right of way line of the Norfolk Southern Railway (150' r/w); thence, along a curve to the left an arc distance of 974.04 feet to a 1\2" rebar set, said curve having a radius of 1,965.38 feet, a chord bearing of North 3233'45" West and a chord distance of 964.10; thence, North 4645'37" West, along the northeasterly right of way line of the Norfolk Southern Railway (150' r/w), a distance of 1,735.70 feet to the point of beginning and containing approximately 74.96 acres of land, more or less."

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend a Act to create a new Charter for the City of Locust Grove, Georgia, in the county of Henry, approved April 7, 1976 (Ga. L. 1976, p. 4426), as amended, to change the corporate limits of such city; to provide for related matters; to provide an effective date; 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, David Knight, who on oath deposes and says that he is the Representative from District 130 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Herald which is the official organ of Henry County on February 27, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DAVID KNIGHT David Knight Representative, District 130

Sworn to and subscribed before me, this 5th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 29, 2013.

__________

LAURENS COUNTY BOARD OF COMMISSIONERS; REDISTRICTING.

No. 92 (House Bill No. 447).

AN ACT

To amend an Act creating the Board of Commissioners of Laurens County, approved December 1, 1893 (Ga. L. 1893, p. 362), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3905), so as to change the description of the commissioner districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2013 SESSION

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SECTION 1. An Act creating the Board of Commissioners of Laurens County, approved December 1, 1893 (Ga. L. 1893, p. 362), as amended, is amended by striking subsections (a) and (b) of Section 1 of said Act and inserting in their place the following:
"(a) For purposes of electing members of the board of commissioners, Laurens 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: laurensccR-2012 Plan Type: Local Administrator: Laurens CC User: SE'.
(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 Laurens 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 Laurens 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 Laurens County 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 Board of Commissioners of Laurens 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, 2014.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 3. It shall be the duty of the governing authority of Laurens County to require the attorney therefor to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. If, as of the first date upon which candidates may begin qualifying for the general primary in 2014, 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 section and Section 3 of this Act relating to and necessary for the regular election in 2014 of members of the Board of Commissioners of Laurens County shall become effective upon the approval of this Act 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: laurensccR-2012 Plan Type: Local Administrator: Laurens CC User: SE

District 001 Laurens County VTD: 17504 - CALHOUN PARK 950300: 2051 950400: 3014 3015 3016 3017 3018 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4028 4029 4030 4031 4032 4033 4034 4035 950500: 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 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 3068 3080 3081 950800: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011

GEORGIA LAWS 2013 SESSION
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 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 3001 3003 3016 3025 3026 3028 3030 3031 3034 3041 3042 3044 3045 3046 3051 3052 3061 3062 3063 3070 3071 3074 3096 3102 3103 3104 3111 3112 3113 3118 3120 3121 3123 3127 3147 3149 3158 3159 950900: 1000 1001 1002 1003 1004 1005 1006 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 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 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 951000: 5033 VTD: 17522 - WEST LAURENS 950500: 3057 3059 3060 3061 3062 3063 3064 3065 3066 3067 3073 3074 3075 3078 3079 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3106 3107 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3124 3125 3126 3127 3130 3132 950800: 3002 3004 3005 3006 3007 3008 3009 3010 3014 3017 3018 3019 3020 3021 3022 3023 3024 3027 3029 3032 3033 3035 3036 3037 3038 3039 3040 3043 3047 3048 3049 3050 3053 3054 3055 3056 3057 3058 3059 3064 3065 3066 3067 3068 3069 3072 3077 3105 3106 3107 3108 3109 3116 3117 3119 3122 3124 3125 3126 3128 3129 3130 3131 3132 3133 3134 3135 3136 3137 3138 3139 3140 3141 3142 3143 3144 3145 3146 3148 3150 3151 3152 3153 3154 3155 3157 3160 3161 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4063 4065 4069 4076 4077 4078

3809

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

951000: 2078 2081 3091

District 002 Laurens County VTD: 17508 - BURCH VTD: 17510 - CADWELL VTD: 17513 - HAMPTON MILL VTD: 17516 - RURAL FIRE STATION VTD: 17519 - REEDY SPRINGS VTD: 17522 - WEST LAURENS 950800: 3060 3073 3075 3076 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3097 3098 3099 3100 3101 3110 3114 3115 3156 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 4061 4062 4064 4075

District 003 Laurens County VTD: 17503 - PINE FOREST VTD: 17505 - BETHSAIDA 950201: 1002 1006 1014 1015 1017 1018 1020 1022 1023 1055 1058 1059 1060 1061 1062 1071 1075 1077 1078 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2026 2028 2029 2030 2031 2032 2033 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2085 2088 2089 2090 2091 2092 2095 2096 2097 2098 2099 2100 950202: 1054 1066 1067 1068 1069 1070 1071 1072 1073 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 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2097 2098 950500: 2012 2013 2014 2015 2016 2017 2018 2019 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

GEORGIA LAWS 2013 SESSION
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 3058 3076 3098 3099 3100 3101 3102 3103 3104 3105 3128 3129 3131 VTD: 17512 - DUDLEY 950600: 1076 1080 1081 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 1147 1148 1158 1159 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 1221 1222 1223 1224 1225 1226 1227 1228 1232 1233 1234 1235 1236 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1259 VTD: 17514 - HARVARD 950600: 1041 1042 1043 1044 1045 1151 1152 1153 1154 1155 1156 1157 1161 1220 VTD: 17522 - WEST LAURENS 950500: 3069 3071 3072
District 004 Laurens County VTD: 17504 - CALHOUN PARK 950201: 2068 2069 2070 2071 2072 2073 2074 950300: 1029 1030 1033 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1076 1088 1089 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 2052

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

950400: 1020 1021 1022 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3019 VTD: 17505 - BETHSAIDA 950100: 2100 2101 2109 2110 2111 950201: 2000 2001 2002 2003 2004 2005 2020 2021 2022 2023 2024 2025 2027 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2075 950202: 1046 1047 1048 1049 1050 1051 1052 1053 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1075 2063 2066 2067 2068 2069 2070 2071 2072 2073 2074 2085 2099 2100 2101 2103 2104 2105 2106 2107 2108 2110 2111 2112 2113 2114 2115 2116 2118 950300: 1000 1002 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1024 1025 1026 1027 1028 1031 1032 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1054 1074 1075 1077 1078 1079 1080 1081 1082 1084 1086 951000: 6017 6020 6069 VTD: 17506 - BAILEY VTD: 17507 - BUCKEYE 950100: 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2019 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2042 2056 2059 2070 2078 2079 2080 2086 2092 2093 2094 2095 2096 2097 2098 2099 2108 2112 2115 950202: 2001 2002 2003 2007 2008 2009 950300: 1001 1003 1004 1020 1021 1022 VTD: 17509 - BURGAMY VTD: 17512 - DUDLEY 950600: 1015 1077 1079 1082 1083 1084 1085 1086 1087 1088 1089 1090 1254 1255

GEORGIA LAWS 2013 SESSION
VTD: 17514 - HARVARD 950202: 1115 1118 950600: 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 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 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 1078 1149 1150 1160 1256 1257 1258 1260 VTD: 17521 - SMITH 950100: 2114 950300: 1023 1087 951000: 6006 6007 6015 6016 6021 6022 6023 6025 6026 6053 6054 6055 6056 6057 6058 6081
District 005 Laurens County VTD: 17507 - BUCKEYE 950100: 2000 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2057 2058 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2071 2072 2073 2074 2075 2076 2077 2081 2082 2083 2084 2085 2087 2088 2089 2090 2091 2103 2104 2105 2107 2113 2116 2117 2118 2119 2120 2121 2122 VTD: 17511 - BREWTON VTD: 17517 - OCONEE VTD: 17520 - ROCKLEDGE VTD: 17521 - SMITH 950300: 1083 1085 1090 2053 950800: 3000 3011 3012 3013 3015 4000 4067 4068 4070 4073 950900: 1007 1008 951000: 2041 2042 2043 2044 2045 2046 2047 2048 2056 2082 3000 3001

3813

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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 3092 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 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 6000 6001 6002 6003 6004 6005 6008 6009 6010 6011 6012 6013 6014 6018 6019 6024 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 6059 6060 6061 6062 6063 6064 6065 6066 6067 6068 6070 6071 6072 6073 6074 6075 6076 6077 6078 6079 6080 6082 6083 6084 6085 6086 6087 6088 6089 6090 6091 6092 6093 6094 6095

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the 152nd Georgia General Assembly, commencing January 14, 2013, a bill to establish new boundaries for two districts of the Laurens County Board of Commissioners in conformity with the Resolution of the Board of Commissioners adopted August 11, 2011.
This 31st day of January, 2013.
Matt Hatchett, State Representative
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Matt Hatchett, who on oath deposes and says that he is the Representative from District 150 and further deposes and says that the attached Notice of Intention to Introduce

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Local Legislation was published in the Courier Herald which is the official organ of Laurens County on February 5, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MATT HATCHETT Matt Hatchett Representative, District 150

Sworn to and subscribed before me, this 21st day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 30, 2013.

__________

CITY OF HIRAM NEW CHARTER.

No. 93 (House Bill No. 457).

AN ACT

To amend an Act incorporating the City of Hiram, approved February 27, 1956 (Ga. L. 1956, p. 2620), as amended, so as to provide for reincorporation, corporate boundaries, municipal powers, and exercise of powers; to provide for a government structure of such city including creation, number, and election of a mayor and the city council; to provide for terms and qualifications for the office of mayor and council member; to provide for oaths of office; to provide for salaries; to provide for organizational meetings; to provide the power to adopt ordinances, resolutions, and regulations; to provide for regular and special meetings; to provide for rules of procedure; to provide for quorum and voting; to provide for ordinance form and procedures; to provide procedures for the election of the mayor; to provide for the powers and duties of the mayor; to provide for a mayor pro tempore; to provide for vacancies in office and the filling of vacancies; to provide for a city manager and appointment and qualifications; to provide for the powers and duties of the city manager; to provide for a temporary city manager; to provide for a city clerk; to provide for a city attorney; to provide for personnel policies; to provide for the establishment of boards, commissions, and authorities; to provide for a judicial branch including a municipal court; to provide for

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

jurisdiction, power, and authority of the municipal court; to provide for municipal court judges and qualifications; to provide for convening of the court; to establish certiorari; to provide for rules of the court; to provide for timing of elections; to provide for nonpartisan elections; to provide for election by plurality; to provide for removal from office; to provide for the finance of the city; to provide for property taxes; to provide for a millage rate, due dates, and payment methods; to provide for occupation and business taxes; to provide for regulatory fees and permits; to provide for franchises; to provide for service fees; to provide for special assessments; to provide for other taxes; to provide for collection of delinquent taxes; to provide for borrowing; to provide for revenue bonds; to provide for loans; to provide for lease-purchase contracts; to provide for accounting and budgeting procedures; to provide for an operating budget; to provide for adoption of the budget; to provide for the levy of taxes; to provide for changes in the budget; to provide for capital improvements; to provide for audits; to provide for contracting procedures; to provide for purchasing; to provide for sale and lease of property; to provide for bonds for officials; to provide for the validity of existing ordinances, resolutions, rules, and regulations of the city; to provide for the continuation of pending matters; to provide for definitions and construction; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act incorporating the City of Hiram, approved February 27, 1956 (Ga. L. 1956, p. 2620), as amended, is amended by striking all matter following the enacting clause and inserting in lieu thereof the following:

"ARTICLE I INCORPORATION AND POWERS
SECTION 1.1. Incorporation.

This Act shall constitute the charter of the City of Hiram, Georgia, and is intended to replace all prior charters of the City of Hiram, Georgia. The City of Hiram, Georgia, in Paulding County, and the inhabitants thereof, are reconstituted and reincorporated as a body politic and corporate under the same name and style of the 'City of Hiram' and by that name shall have perpetual succession. References in this charter to 'the city' or 'this city' refer to the City of Hiram, Georgia. With adoption of this Act and its corresponding charter, the City of Hiram is made responsible as a body politic and corporate for all legal undertakings, liabilities, and debts of the predecessor City of Hiram and is vested with any and all property interests possessed by the predecessor City of Hiram.

GEORGIA LAWS 2013 SESSION
SECTION 1.2. Corporate boundaries.

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(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 the case may be: 'Official Map (or Description) of the corporate limits of the City of Hiram, 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 may provide by ordinance for the redrawing of any such map or for the revision of any written description 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 1.3. Municipal powers.

(a) The city shall have all powers possible for a municipality to have under the present or future Constitution and laws of the State of Georgia as fully and completely as though they were specifically enumerated in this act and charter. The city shall have all the powers of self-government not otherwise prohibited by this act 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. Such powers shall include, but are not limited to, the following, and also include the power to provide punishment for violation of ordinances enacted under this subsection:
(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 if in violation of any ordinance or lawful order and to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; (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, fire safety, electrical, gas, and heating and air conditioning codes; and to regulate all housing, and building trades except as prohibited by general law;

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(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 the corporate limits of the city, for present or future public use and as deemed necessary by the city council to further a public purpose as defined under and 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, provided that such provisions shall not impede the rights related to lawfully possessed firearms; (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 storm water and establishment of a storm water utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage collection and disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; to levy, fix, assess, and collect a garbage, rubbish, refuse 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, taxes, or fees; (11) General health, safety, and welfare. To define, regulate, or prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, or safety of the inhabitants of the city, provided that such provisions shall not impede the rights related to lawfully possessed firearms, and to provide for the enforcement of such standards;

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(12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any public purpose which provides a benefit to the city or enhances the general welfare of its inhabitants 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; (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 the commitment of such persons to any jail; to provide for the use of pretrial diversion and any alternative sentencing allowed by law; and to provide for the commitment of such persons to any county correctional institutions or county jail or county detention center 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 in accordance with general state law and any duly authorized ordinance 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 the 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, stormwater management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same; (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;

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(23) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulations and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a firefighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for, or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads within the corporate limits of the city and on property within the corporate limits of the city with a view thereof; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan and other employee benefit plans and programs for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish, 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;

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(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 the extent not contrary to state law, to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, the manufacture and sale of intoxicating liquors; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; to license and tax professional fortunetelling, palmistry, and massage parlors; and to restrict adult bookstores to certain areas; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (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 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, provided that such provisions shall not impede the rights related to lawfully possessed firearms; 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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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1.4. 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 2.1. Establishment of city council; election and terms; oaths.

(a) The legislative authority of the government of the City of Hiram, Georgia, 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 mayor and council members shall be elected in a manner as provided under state law. The mayor and council members shall be elected at large from council posts designated as Post 1, Post 2, Post 3, Post 4, and Post 5. The mayor shall be considered a council member for all purposes, except as his or her powers are restricted elsewhere in this charter. All references in city ordinances to the 'mayor and council' or 'governing authority' shall be construed to mean the 'city council' as referred to in this charter. (b) There shall be a municipal general election biennially in odd-numbered years on the Tuesday next following the first Monday in November. (c) There shall be elected the mayor and two council members at one election and at every other election thereafter which shall be held according to the sequence presently in place in the city. The remaining council member seats shall be filled at the election alternating with the first election so that a continuing body is created. (d) 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. (e) No person shall be eligible to serve as mayor or council member unless that person shall have been a resident of the city for 12 months prior to the date of election, be at least twenty-one (21) years of age at the time of election, and be a qualified voter of the city. Each person elected shall continue to reside in the city during that member's period of service, and he or she shall continue to be registered and qualified to vote in municipal elections of the city throughout the term of office. (f) The mayor and each council member shall be installed in office by taking and subscribing the following oath: 'I do solemnly swear that I will faithfully discharge the

GEORGIA LAWS 2013 SESSION

3823

duties devolved upon me as mayor and/or council member of the City of Hiram, Georgia; that I will faithfully execute and enforce the laws of the City of Hiram to the best of my ability, skill, and knowledge; and that I will do all in my power to promote the general welfare of the inhabitants of the City of Hiram and common interest thereof.' The mayor and each council member shall also take all other oaths as required by the laws of the State of Georgia. All oaths of office or other oaths required to be taken by the mayor or a council member shall be administered by the mayor, city attorney, city clerk, the municipal judge or judges of the city, the judge of the probate court of Paulding County, Georgia, or any other person allowed by the laws of the State of Georgia to administer such oaths. (g) The salary of the mayor and each council member shall be as established from time to time by home rule ordinance and in accordance with all other State law provisions.

SECTION 2.2. Meetings of the city council; quorum; procedures.

(a) The city council shall have full power to fix the time, place, and rules of procedure for their regular sessions and any other meetings called. The regular meetings shall be held at such time and place as prescribed by ordinance or resolution. (b) The city council is hereby authorized and empowered to adopt such ordinances, resolutions, and regulations as it may deem proper not in conflict with the Constitution and laws of the United States and the State of Georgia. (c) Three council members, excluding the mayor, shall constitute a quorum and shall be authorized to transact the business of the city council. Except as otherwise provided in this charter and so long as a quorum exists, the affirmative vote of a majority of the council members present shall be required for the adoption of any ordinance, resolution, or motion. (d) 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 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. (e) Acts of the city council that will have the force and effect of law shall be enacted by ordinance. Every proposed ordinance should be introduced in writing and in the form required for final adoption. A copy of proposed ordinances shall be maintained for public inspection by the city clerk. (f) An ordinance may be introduced by any council member at a regular or special meeting of the city council. An ordinance may be adopted at its meeting of introduction or may be deferred for further consideration. (g) Every ordinance adopted by the city council shall be presented promptly by the city clerk to the mayor for signature.

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(h) Except where in direct conflict with the provisions of this act, the charter, or the law, all ordinances, resolutions, and regulations now in force in the city shall remain in full force and effect unless and until repealed or superseded by other ordinances, resolutions, and regulations adopted by the city council or as otherwise permitted by this act and the charter.

SECTION 2.3. The office of mayor.

(a) The mayor shall be the chief elected officer of the city and as such shall have the following powers and duties:
(1) To preside at all meetings of the city council and be recognized as the official head and spokesperson of the city for service of process and ceremonial purposes; (2) To vote on matters before the city council only in case of a tie; (3) To sign timely, for and on behalf of the city, all contracts, ordinances, instruments, and other documents authorized by the city council and which are required to be in writing, unless otherwise directed or authorized by the city council; (4) To administer oaths and to take affidavits; and (5) To fulfill such other duties as authorized by the city council. (b) Annually at the first meeting of the new calendar year, the city council shall elect one of the council members to serve as the mayor pro tempore who shall, in the absence of the mayor, perform the duties and exercise all the rights, power, and privileges of the office of the mayor in accordance with this charter.

SECTION 2.4. Vacancies; filling vacancies.

(a) The office of mayor or council member shall become vacant upon the death, resignation, removal from office, 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) If less than 12 months remains in the unexpired term, a vacancy in the office of council member shall be filled for the remainder of the unexpired term by appointment of any citizen of the city eligible to hold such office by vote of the majority of the remaining members of the city council. The person appointed shall then serve until the next regular council member election at which time, as a part of that election, a person shall be elected to fill the vacated post. 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 accordance with Titles 21 and 45 of the O.C.G.A., or other such laws as are or may hereafter be enacted governing municipal elections. This provision shall also apply to a temporary vacancy created by the suspension from office of

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the council member as may be permitted now or hereafter by this charter or the laws of the city or the State of Georgia. (c) Should a mayoral vacancy occur within 12 months preceding the expiration of the mayor's term of office, then the vacancy shall be filled by the mayor pro tempore or by any council member appointed for that purpose whereupon the position of mayor shall be filled until the next mayoral election at which time a person shall be elected to the office of mayor as generally provided by the charter and pursuant to all applicable law. If such a vacancy occurs 12 months or more prior to the expiration of the term of that office, it shall be filled for the remainder of the unexpired term by a special election in accordance with Titles 21 and 45 of the O.C.G.A, or other such laws as are or may hereafter be enacted governing municipal elections. This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor as may be permitted now or hereafter by this charter or the laws of the city or the State of Georgia.

SECTION 2.5. City manager.

(a) The city council shall, by majority vote of its members, appoint a city manager for an indefinite term and shall set his or her compensation. The city manager shall be appointed solely on the basis of that person's executive and administrative qualifications, including relevant experience. In lieu of appointment for an indefinite term, the city council is authorized, but not required, to enter into an employment contract with the city manager for a term of no more than four years. Any such contract shall contain as an essential term the express right of the city council to terminate the city manager's employment at any time for any reason not prohibited by law or for no reason whatsoever. Such contract may provide for payment of up to six months' severance pay at the city manager's then current rate of compensation if termination is not made on the basis of grounds specified in the contract that would void entitlement to severance. Under no circumstances shall any contractual entitlement to severance pay be deemed a right to continued employment as city manager. (b) 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 entrusted to the position by or under this charter. The city manager shall have the following powers and duties:
(1) To appoint all department heads, subject to the approval of the city council, and otherwise to appoint and, when he or she deems it necessary for the good of the city, suspend or remove all other city employees and administrative officers, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency;

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(2) To direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) To attend all city council meetings and have the right to take part in discussion, but not vote; (4) To see that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; (5) To prepare and submit the annual operating budget and capital budget to the city council. Once approved for the following fiscal year, any increase in the appropriations for these budgets, whether accomplished through a change in anticipated revenues or through a transfer of appropriations among departments, shall require the approval of the city council. Such amendment shall be adopted by ordinance or resolution; (6) To submit a quarterly summary of the finances and administrative activities of the city to the city council, and to make available to the city council and public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) To prescribe, require, publish, and implement standards of administrative management and operating procedures to be followed and adhered to by all offices, departments, boards, commissions, authorities, and other agencies of the city which are subject to the city manager's supervision; (8) To act as the purchasing agent of the city; (9) To make such other studies, reports, and investigations as the city council may require concerning the operations of city departments, offices, and agencies subject to the city manager's direction and supervision; (10) To keep the city council fully advised as to the future needs of the city, and make such recommendations to the city council concerning the affairs of the city as he or she deems desirable; and (11) To perform other such duties as are specified in this charter or as may be required by the city council. (c) The city manager shall have full authority to execute the city's annual operating budget and capital budget. Establishment of all special funds and authorization of expenditures from the special funds shall require approval of the city council. The city council shall also approve any operating or capital budget amendments requiring use of funds from the contingency special fund. (d) Except for the purpose of inquiries and investigations, the mayor and council members shall not give orders or directions to any city employees who are subject to the direction and supervision of the city manager, either publicly or privately, directly or indirectly. (e) The city council may remove the city manager from office in accordance with the following procedures: (1) Because the city manager serves at the will of the city council, the city council may terminate or suspend the city manager at any time, with or without cause, through the

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adoption of a preliminary resolution with the affirmative vote of a majority of its members. 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 a written request for a public hearing with the city council. This hearing shall be held within 30 days after the request is filed. The city manager may file a written reply not later than five days before the hearing with the city council; (3) If the city manager has not requested a public hearing within the time specified in paragraph (2) of this subsection, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the city manager has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing; and (4) The city manager shall continue to receive his or her salary until the effective date of a final resolution of removal. In those instances in which the city council has exercised its discretion and entered into an employment contract with the city manager that provides for severance pay under certain conditions, termination may result in payment of severance pay in accordance with the contract terms. (f) By letter filed with the city clerk, the city manager shall designate a qualified city administrative officer to exercise the powers and perform the duties of city manager during his or her temporary absence or disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return. (g) Upon removal or vacancy or prior to the time the city council appoints a city manager upon absence or disability, the city council shall appoint a temporary city manager by majority vote of its members.

SECTION 2.6. Other city officers; administrative personnel.

(a) The following positions are re-established by this charter to be filled by persons appointed by the city council: city clerk and city attorney. The following positions are re-established by this charter to be filled by persons appointed as provided in this charter by the city manager: city operations director and police chief. Those selected for these positions shall be appointed solely on the basis of their respective administrative and professional qualifications, including relevant experience. The city council shall prescribe the compensation to be provided for the services to be rendered by these positions. Those selected to fill these positions shall execute the duties and responsibilities entrusted to them by the position held and as required by this charter, any ordinance, resolution, or directive of the city council or the city manager, and as required by applicable state and federal law. (b) Except as otherwise provided in this charter, the city council shall have the authority to establish, abolish, alter, consolidate, or leave vacant all non-elective offices, positions

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of employment, departments, and agencies of the city as deemed necessary for the proper administration of the affairs and government of the city. (c) Except as otherwise permitted by this charter and only pursuant to an agreement in writing executed by the city, the persons appointed to non-elective positions pursuant to this charter or otherwise employed by the city shall serve in an at-will capacity and are subject to removal or suspension at any time unless otherwise provided by law, ordinance, or an agreement in writing executed by the city.

SECTION 2.7. Boards; commissions; authorities.

(a) The city council is empowered to establish by ordinance any boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems appropriate, and shall establish by ordinance the composition, period of existence, and duties and powers thereof. (b) All members of boards, commissions, and authorities established by the city council shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the city clerk an oath obligating the person to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All members of a board, commission, or authority serve at-will and may be removed at any time by a vote of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chair and one member as vice-chair, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. As it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, 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. Copies of such bylaws, rules, and regulations shall be filed with the city clerk.

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ARTICLE III JUDICIAL BRANCH
SECTION 3.1. Municipal court re-established.

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With this charter, the municipal court of the City of Hiram is re-established.

SECTION 3.2. Municipal court jurisdiction; authority; 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, or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. The municipal court shall have the authority to issue search warrants as provided by law.

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(h) The municipal court judge shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and the municipal court judge shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (i) The municipal court is specifically vested with all of the judicial jurisdiction and judicial powers throughout the entire area of the city granted by state laws generally to municipal courts, including such laws as authorize the abatement of nuisances.

SECTION 3.3. Municipal court judge; associate judge; oath.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as deemed appropriate by the city council and provided for by ordinance. (b) No person shall be qualified or eligible to serve as a municipal court judge 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 municipal court judges shall be appointed by the city council annually and may be removed from office prior to the end of annual appointment only for cause. All municipal court judges shall serve until a successor is appointed and qualified. (c) Compensation of the municipal court judges shall be fixed by ordinance. (d) Before assuming office, each municipal court judge shall take an oath, given by the mayor, attesting that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council.

SECTION 3.4. Convening.

The municipal court shall be convened at regular intervals as established and publicized by the court.

SECTION 3.5. Appeals.

The right of certiorari from the decisions and judgments 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 Paulding County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

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SECTION 3.6. Rules of court.

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With the approval of the city council, the municipal court judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, such rules shall conform to the requirements of the Uniform Rules for Municipal Courts adopted by the Georgia Supreme Court. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.

ARTICLE IV ELECTIONS SECTION 4.1. Applicability of general law.

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

SECTION 4.2. General elections; timing.

There shall be a municipal general election biennially in odd-numbered years on the Tuesday next following the first Monday in November.

SECTION 4.3. 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 4.4. Election by plurality.

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

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SECTION 4.5. Other election provisions.

Except as otherwise provided by this charter, the city council shall, by ordinance or resolution, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Election Code.

SECTION 4.6. Removal from office.

(a) Removal of an elected official of the city shall be governed by this section except as otherwise provided by this charter or required by state or federal law. (b) Removal from office is required 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. (c) Removal of an officer pursuant to this section shall be accomplished by one of the following methods:
(1) Following an evidentiary hearing by the city. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Paulding County. Such appeal shall be governed by the rules governing appeals to the superior court by writ of certiorari; or (2) By an order of the Superior Court of Paulding County following a hearing on a complaint seeking such removal brought by any resident of the City of Hiram.

ARTICLE V FINANCE. SECTION 5.1. 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. The purpose of such tax shall be to raise revenues to defray the costs of operating the city government or 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 5.2. Millage rate; due dates; payment methods.

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By ordinance, the city council shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. By ordinance, the city council 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 5.3. Occupation and business taxes.

By ordinance, the city council shall have the power to levy such occupation or business taxes as are not prohibited by law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 5.9 of this charter.

SECTION 5.4. Regulatory fees; permits.

By ordinance, the city council shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity, and if unpaid, shall be collected as provided in Section 5.9 of this charter.

SECTION 5.5. Franchises.

(a) The city council shall have the power to grant franchises for the use of this city's streets and alleys to railroad companies, street railway companies, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, solid waste disposal 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 the city's streets and alleys to railroad companies, street railway companies, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.

SECTION 5.6. Service charges.

By ordinance, the city council shall have the power to assess and collect fees, charges, assessments, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city. If unpaid, such charges shall be collected as provided in Section 5.9 of this charter.

SECTION 5.7. Special assessments.

By ordinance, the city council shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, storm sewers, drainage facilities, or other utility mains and appurtenances from the abutting property owners. If unpaid, such charges shall be collected as provided in Section 5.9 of this charter.

SECTION 5.8. Construction; other taxes and fees.

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

SECTION 5.9. Collection of delinquent taxes and fees.

By ordinance, the city council 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 law. All taxes and assessments levied pursuant to this charter shall constitute a lien on the property subject to the tax or assessment, which lien shall rank with liens for property taxes. The city council may provide by ordinance for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fieri facias (fi. fas.); making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees

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

SECTION 5.10. General obligation bonds.

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

SECTION 5.11. Revenue bonds.

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

SECTION 5.12. Short-term loans.

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

SECTION 5.13. Lease-purchase contracts.

The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies provided the contract terminates without further obligation on the part of the 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 O.C.G.A. or other such applicable laws as are or may hereafter be enacted.

SECTION 5.14. Fiscal year.

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

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department, agency, and activity of the city government unless otherwise provided by state or federal law.

SECTION 5.15. Preparation of budgets.

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

SECTION 5.16. Submission of operating budget to city council.

On or before a date fixed by the city council but not later than 90 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

SECTION 5.17. Action by city council on budget.

(a) The city council may amend the operating budget proposed by the city manager; provided, however, that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the first day of each fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month to month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by source and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to this charter.

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(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 5.18. Tax levies.

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

SECTION 5.19. Changes in appropriations.

By ordinance, the city council 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 5.20. 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 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 or reject the proposed plan and proposed budget, with or without amendments. 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 or the expenditure is necessary to meet needs in a public emergency as provided in this charter. (b) By ordinance, the city council shall adopt the final capital budget for the ensuing fiscal year not later than the first day of each fiscal year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the city manager may submit amendments to the capital budget at any time during the fiscal year, accompanied by

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recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.

SECTION 5.21. Independent audit.

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

SECTION 5.22. Contracting procedures.

No contract with the city shall be binding on the city unless it is in writing and: (1) Signed by the mayor after being authorized by the city council and such authorization entered in the city council journal of proceedings; or (2) Is a contract wherein the value of the city's obligation does not exceed $5,000.00, is for an authorized budgeted expenditure, and is signed by the city manager in compliance with such other restrictions upon his or her authority as the city council shall impose by ordinance.

SECTION 5.23. Purchasing.

By ordinance, the city council may prescribe procedures for a system of centralized purchasing for the city.

SECTION 5.24. 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 mayor to

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sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

ARTICLE VI GENERAL PROVISIONS
SECTION 6.1. 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 6.2. Prior ordinances.

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

SECTION 6.3. 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 6.4. 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 2. It shall be the duty of the governing authority of the city to require submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.

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 2013 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Hiram, approved February 27, 1956 (Ga. L. 1956, p. 2620), as amended, and for other purposes.
Representative Paulette Rakestraw Braddock District 19
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paulette Braddock, who on oath deposes and says that she is the Representative from District 19 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Dallas News Era which is the official organ of Paulding County on February 14, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ PAULETTE BRADDOCK Paulette Braddock Representative, District 19

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Sworn to and subscribed before me, this 22nd day of February 2013.

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s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 30, 2013.

__________

CITY OF CORNELIA NEW CHARTER.

No. 94 (House Bill No. 466).

AN ACT

To provide for a new charter for the City of Cornelia; to provide for incorporation, corporate boundaries, municipal powers, and exercise of powers; to provide for a government structure of such city including creation, number, and election of the city commission; to provide for commissioners' terms and qualifications for office; to provide procedures for elections, vacancies in office, filling of vacancies, and nonpartisan elections; to provide for election by majority; to provide for compensation and expenses; to provide rules regarding conflicts of interest and the holding of other offices; to provide for inquiries and investigations; to provide general powers and authority of the city commission; to provide for eminent domain; to provide for organizational meetings; to provide for regular and special meetings; to provide for rules of procedure; to provide for quorum and voting; to provide for ordinance form and procedures; to provide for action requiring an ordinance; to provide for emergencies; to provide for codes of technical regulation; to provide for ordinance book, codification of ordinances, and availability of laws; to provide for a city manager and appointment and qualifications; to provide for an acting city manager; to provide for the powers and duties of the city manager; to prohibit commission interference with administration; to provide for authority of the city manager in public emergencies; to provide compensation for the city manager; to provide for the election of the mayor; to provide for a mayor pro tempore; to provide for the powers and duties of the mayor; to define the position of mayor pro tempore; to provide for the administrative affairs of the city; to create boards, commissions, and authorities of the city; to provide for a city clerk; to provide for a city attorney; to provide for rules and regulations through an employee handbook; to provide for personnel policies; to provide for a judicial branch including a municipal court and judges of that court; to provide for the convening of court; to establish certiorari; to provide for rules

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of the municipal court; to provide for the finance of the city; to provide for property taxes; to provide for a millage rate; to provide for occupation taxes and regulatory fees; to provide for licenses and permits; to provide for franchises; to provide for service fees; to provide for roads; to provide for other taxes; to provide for the collection of delinquent taxes; to provide for borrowing; to provide for revenue bonds; to provide for loans; to provide for accounting and budgeting; to provide for a budget ordinance; to provide for an operating budget; to provide for adoption of the budget; to provide for the levy of taxes; to provide for changes in the budget; to provide for capital improvements; to provide for audits; to provide for procurement and property management; to provide for purchasing; to provide for sale of property; to provide for deposits; to provide for bonds for officials; to provide for the validity of existing ordinances, resolutions, rules, and regulations of the city; to provide for charter language on other general matters; to provide for definitions and construction; to provide for specific repealer; to provide an effective date; to provide a general repealer; 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 Cornelia in Habersham County, Georgia, is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of 'City of Cornelia.' References in this charter to 'the city' or 'this city' refer to the City of Cornelia, Georgia. This city shall have perpetual existence.

SECTION 1.11. Corporate boundaries.

(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter including all former annexations by legislative Act and ordinance, with such alterations as may be made from time to time by local law or in any other 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, to be designated as the 'Official Map (or Description) of the Corporate Limits of the City of Cornelia, Georgia.' Photographic, typed, or other copies of such map or description, certified by the city clerk, shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description.

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(b) The city commission 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) 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. Such powers shall include, but are not limited to, the following, and also include the power to provide punishment for violation of ordinances enacted under this subsection:
(1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for their impoundment if in violation of any ordinance or lawful order, and to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city. Such appropriations and expenditures shall not exceed the annual income and other money of the city after paying interest on bonds and providing a sinking fund for the final payment on the principal of such bonds; (4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures as provided by law and this charter, and to regulate all housing and building trades except as prohibited by general law; (5) Business regulation and taxation. To regulate, license, levy, and provide for the collection of regulatory fees, occupation taxes, and license fees and taxes on privileges, occupations, trades, and professions as provided by this charter or by general state law; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted;

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(7) Contracts. To enter into contracts and agreements with other governments and/or entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the inhabitants of the city; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict such limits; 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 collection and disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; to levy, fix, assess, and collect a garbage, rubbish, refuse 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, taxes, or fees; (11) General health, safety, and welfare. To define, regulate, or prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, or 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 inhabitants 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; (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 the commitment of such persons to any jail; to provide for the use of pretrial diversion and any alternative sentencing allowed by law; and to provide for the commitment of such persons to any county correctional institutions or county jail or county detention center 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 in accordance with general state law and any duly authorized ordinance of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and other 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 them, including, but not limited to, a municipal planning board and board of adjustment;

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(17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia. The city commission shall set aside annually a sum sufficient as a sinking fund to retire any bonded indebtedness of the city as it becomes due; (18) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the 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 such property and equipment by the public; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, or otherwise dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, waste-water and sewage treatment and disposal, gas works, electric plants, transportation facilities, public airports, telecommunications systems, 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 failure to pay the same; to authorize the extension of water, sewerage, electrical distribution systems, and other utility services, 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 and outside the corporate limits of the city. The city commission may fix a higher rate for public utility services furnished by the city to any person, firm, or corporation residing or located outside the corporate limits of the city. All fire hydrants connected to city water mains and used by any person, firm, or corporation outside the corporate limits of the city shall be paid for at a rate to be prescribed by the city commission; (21) Nuisances. To define a nuisance and to provide for its abatement, whether on public or private property; (22) Penalties. To provide penalties for violations of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia. Such penalties shall not exceed the maximum as provided by state law or as provided in the respective ordinance, if applicable; (23) Planning and zoning. To provide comprehensive city planning for development by zoning and subdivision regulation and the like as the city commission deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (24) Fire, police protection, and code enforcement. To exercise the power of arrest through duly appointed police officers; to establish, operate, or contract for a police agency; to establish, operate, or contract for a fire-fighting agency; to establish, operate, or contract for a city marshal, if necessary, to enforce the code of ordinances of the city; (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, cemeteries, markets, market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements, and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (29) Public utilities and services. To make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the contractor, insofar as not in conflict with valid regulations of the state 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; (31) Retirement. To allow, provide, and maintain a retirement plan and other employee benefit plans and programs for officers and employees of the city when deemed necessary; (32) Roadways. To lay out, open, extend, widen, narrow, establish, 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, or 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; and to grant franchises and rights of way as provided in this charter or by law; (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 waste-water/sewage disposal plant and sewerage system; to levy on those whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge; and to impose and collect a sewer connection/tap fee or fees to those connected with the system;

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(34) Special areas of public regulation. To license, tax, regulate, prohibit, or control by taxing or otherwise: junk dealers; pawnshops, including title pawn businesses; Internet/sweepstakes cafes; the sale, manufacture, or transportation of alcoholic beverages and/or intoxicating liquors; the use and sale of firearms; the transportation, storage, and use of combustible, explosive, and inflammable materials; the use of lighting and heating equipment; any business or situation which may be dangerous to persons or property; the conduct of peddlers and itinerant traders; theatrical performances, exhibitions, and shows of any kind; professional fortunetelling; palmistry; adult entertainment, adult bookstores, and adult movie houses; massage parlors; and tattoo parlors; (35) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvements; (36) Taxation of property. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (37) Taxes generally. To levy and collect such other taxes as may be allowed now or in the future by law: (38) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance, and to regulate the parking of such vehicles; (39) Urban redevelopment. To organize and operate an urban redevelopment program; and (40) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. 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 commission 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 commission to be composed of a mayor and four commissioners. The city commission established shall in all respects be a successor to and continuation of the governing authority under prior law. The city commission shall be elected in the manner provided by general law and this charter. One commissioner shall be elected from each of the four wards of the city by the voters residing in that ward. The mayor shall be elected by the qualified voters of the city at large as provided in Section 2.36 of this charter. The mayor and commissioners shall exercise their powers in such manner as prescribed by this charter and the Constitution and applicable general laws of the State of Georgia, or if not prescribed, in such manner as prescribed by the duly established ordinances of the City of Cornelia.

SECTION 2.11. Commissioners' terms and qualifications for office.

(a) The four commissioners shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as a commissioner unless he or she has been a resident of the city for at least 12 months preceding his or her election. Each commissioner shall be a resident of the ward which he or she represents. Each commissioner shall continue to reside within the city in the ward in which he or she represents during his or her 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 to the office of commissioner unless such person shall file a written notice with the city clerk, within the time required by law, that he or she desires his or her name to be placed on the ballot. (b) No person shall be eligible to serve as a commissioner representing a ward unless that person has been a resident of the ward such person seeks to represent for a continuous period of at least six months immediately prior to the date of the election for commissioner. (c) No person shall be eligible to serve as a commissioner who shall have been convicted of a crime involving moral turpitude, unless such person has received a full pardon and has had all rights of citizenship restored.

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SECTION 2.12. Elections.

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(a) For the purpose of electing commissioners of the city commission, the territory comprising the City of Cornelia shall be subdivided into four parts or wards, to be known as Ward One, Ward Two, Ward Three, and Ward Four. One commissioner shall be elected from each ward. Each ward shall consist of certain census blocks located within the City of Cornelia identified in the latest United States decennial census redistricting data, in a manner consistent with state and federal law. The four wards shall in all respects be successors to and continuations of Wards One, Two, Three, and Four as established under prior law until otherwise modified under applicable state or federal law. (b) The members of the city commission shall be designated as: Mayor; Commissioner, Ward One; Commissioner, Ward Two; Commissioner, Ward Three; and Commissioner, Ward Four. A candidate for any position as a commissioner shall at the time of qualifying designate by ward number the position that such candidate is seeking. (c) No candidate shall be elected for the office of mayor or commissioner unless such candidate receives a majority of the votes cast in the election. If no candidate receives a majority of the votes cast, a run-off election shall be held between the two candidates receiving the highest number of votes. The run-off election shall be held as provided by law. (d) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of the city shall be eligible to qualify as voters in the election. (e) All elections shall be held and conducted in accordance with Chapter 2 of Title 21, the 'Georgia Election Code,' of the O.C.G.A. Except as otherwise provided by this charter, the city commission shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any obligations and duties under the Georgia Election Code. (f) The mayor and commission members who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified. (g) Successors to the mayor and commission members whose terms of office are to expire shall be elected at the regular municipal election in November immediately prior to such expiration of terms, and shall take office on January 1 immediately following such election for terms of office of four years each and until their respective successors are elected and qualified.

SECTION 2.13. Vacancy; filling of vacancies.

(a) The office of commissioner 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

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Georgia, Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (b) If less than 12 months remains in the unexpired term, a vacancy in the office of commissioner shall be filled for the remainder of the unexpired term by appointment by vote of the majority of the remaining members of the city commission. If such vacancy occurs 12 months or more prior to the expiration of the term of that office, it shall be filled for the remainder of the unexpired term by a special election in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated or such other laws as are or may hereafter be enacted. If a special election is required to fill a vacancy in the office of commissioner for an unexpired term, the vacant position shall be filled for the period between the occurrence of the vacancy and the completion of the special election by appointment by vote of the majority of the remaining members of the city commission. (c) This provision shall also apply to a temporary vacancy created by the suspension from office of a commissioner.

SECTION 2.14. 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 2.15. Election by majority.

The candidate receiving a majority of the votes cast for any city office shall be elected.

SECTION 2.16. Compensation and expenses.

The mayor and commissioners shall receive compensation and expenses for their services as provided by ordinance and in accordance with general state law.

SECTION 2.17. 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 his or her official

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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 of 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 that to his or her knowledge is interested, directly or indirectly, in any manner 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 private interests other than his or her own in any action or proceeding against this city or against 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. (c) Disclosure -- Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department or other agency of the city shall disclose such private interest to the city commission. Any commission member who has a private interest in any matter pending before the city commission shall disclose such private interest, and such disclosure shall be entered on the records of the city commission. Such mayor or commissioner shall disqualify himself or herself from participating in any decision or vote relating to such private interest. 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 governmental agency or entity to which this charter applies shall use property owned by such governmental agency or entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city commission 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 commission. (f) Ineligibility of Elected Official -- Except as authorized by law, neither the mayor nor any commissioner shall hold any other elective or appointive office in the city or otherwise

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be employed by such government or any agency thereof during the term for which that official was elected. No former mayor and no former commissioner shall hold any appointive office in the city until one year after the expiration of the term for which that official was elected. (g) Political activities of certain officers -- No appointive officer 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 -- Any city officer 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 of the city who shall forfeit an office or position as described herein 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 2.18. Inquiries and investigations.

Following the adoption of an authorizing resolution, the city commission 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 may require the production of evidence pursuant to subpoena. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city commission shall be punished as provided by ordinance.

SECTION 2.19. General power and authority of the city commission.

(a) Except as otherwise provided by this charter, the city commission shall be vested with all the powers of government of this city. (b) In addition to all other powers conferred upon it by law, the city commission 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, and well-being of the inhabitants of the City of Cornelia and may enforce such ordinances by imposing penalties for violation thereof.

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SECTION 2.20. Eminent domain.

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The city commission 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 2.21. Organizational meetings.

The city commission shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the mayor or city clerk and the oath of office shall be administered to the newly elected members by a judicial officer authorized to administer oaths and shall be as follows:
'I do solemnly (swear or affirm) that I will faithfully perform the duties of (mayor) (commissioner) of the City of Cornelia, 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 [my ward and] the City of Cornelia 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 Cornelia to the best of my ability without fear, favor, affection, reward, or expectation thereof, and in all things pertaining to my office, I will be governed by my conviction to the public good, so help me God.'

SECTION 2.22. Regular and special meetings.

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

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meeting. Such notice to city commissioners shall not be required if the mayor and all commissioners are present when the special meeting is called. Such notice may be waived by the mayor or 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 such mayor or commissioner's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city commission 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 Section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.

SECTION 2.23. Rules of procedure.

(a) The city commission 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 a public record. (b) All committees and committee chairs and officers of the city commission shall be appointed by majority vote of the commissioners and shall serve at the pleasure of the city commission.

SECTION 2.24. Quorum; voting.

(a) Any four members of the city commission, including the mayor or mayor pro tempore, shall constitute a quorum and shall be authorized to transact the business of the city commission. Voting on the adoption of ordinances or resolutions shall be by voice vote and the vote shall be recorded in the minutes, but any member of the commission shall have the right to request a roll call vote and such vote shall be recorded in the minutes. Except as otherwise provided in this charter, the affirmative vote of three commissioners, or in the case of a tie, two commissioners and the mayor, or in the absence of the mayor, two commissioners and the mayor pro tempore shall be required for the adoption of any ordinance. (b) No member of the city commission shall abstain from voting on any matter properly brought before the city commission for official action except when such mayor or commissioner 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 commission 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.

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SECTION 2.25. Ordinance form; procedures.

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(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption, subject to such changes as may be made and voted on by the city commission prior to or at the time of its adoption, and after being presented for consideration at any meeting of the city commission, shall be posted in full in an area designated for such purposes that is open to the public during the hours the office of the city clerk is open, and shall not come up for passage until ten days after such posting. 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 Cornelia' and every ordinance shall so begin. (b) An ordinance may be introduced by any commissioner and be read at a regular or special meeting of the city commission. Ordinances shall be considered and adopted or rejected by the city commission in accordance with the rules that it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances as provided in Section 2.27 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and each commissioner and shall post a copy for public viewing at such place as may be designated for such purposes.

SECTION 2.26. Action requiring an ordinance.

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

SECTION 2.27. Emergencies.

To meet a public emergency affecting life, health, property, or public peace, the city commission may convene on the call of the mayor or two commissioners and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rates 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 two commission members shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every

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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.

SECTION 2.28. Codes of technical regulation.

(a) As may be consistent with law, the city commission may adopt building, housing, property maintenance, plumbing, electrical, gas, mechanical, or fire codes or any other standard codes 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 2.25 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.29 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase at a reasonable price.

SECTION 2.29. Ordinance book; codification of ordinances; availability of laws.

(a) The city clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the city commission. (b) The city commission shall provide for the preparation of a codification of ordinances of the city as required by law. (c) The city commission shall cause each ordinance and each amendment to this charter to be printed following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices. The ordinances shall be printed in substantially the same style as the codification then in effect and shall be suitable in form for incorporation within the codification. The city commission shall make such further arrangements as deemed desirable for reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included or adopted by reference in the codification.

GEORGIA LAWS 2013 SESSION
SECTION 2.30. City manager; appointment; qualifications.

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By the majority vote, the city commission shall appoint a city manager for an indefinite term or a term prescribed by the city commission. The manager shall be appointed solely on the basis of his or her executive and administrative qualifications, with special reference to actual experience in or knowledge of accepted practice in respect to the duties of his or her office. The appointee need not be a resident of the city. No member of the city commission shall receive such appointment while in office, nor within one year after the expiration of such member's term.

SECTION 2.31. Acting city manager.

By letter filed with the city clerk, the city manager shall designate, subject to the approval of the city commission, a qualified city administrative officer to exercise the powers and perform the duties of the city manager during his or her temporary absence or disability. During such absence or disability, the city commission may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return or his or her disability shall cease.

SECTION 2.32. Powers and duties of the city manager.

The city manager shall be the chief administrative officer of the city. He or she shall be responsible to the city commission for the administration of all city affairs placed in his or her charge by or under this charter. He or she shall have the following powers and duties:
(1) He or she shall appoint, and when he or she deems it necessary for the good of the city, suspend or remove all city employees and administrative officers, except as otherwise provided by law, this charter, or personnel ordinances adopted pursuant to this charter; (2) He or she shall 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) He or she shall attend all city commission meetings and shall have the right to take part in the discussion, but he or she may not vote. The city manager shall be entitled to notice of all regular and special meetings of the city commission; (4) He or she shall see that all laws, provisions of this charter, and acts of the city commission subject to enforcement by him or her, or by officers subject to his or her direction and supervision, are faithfully executed;

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(5) He or she shall prepare and submit the annual operating budget and capital budget to the city commission, together with a message describing the important features, and be responsible for its administration after adoption; (6) He or she shall submit to the city commission 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) He or she shall make such other reports as the city commission may require concerning the operations of city departments, offices, and agencies subject to his or her direction and supervision; (8) Except as may otherwise be provided by law or this charter, he or she shall establish powers and duties of, and shall recommend to the city commission a standard schedule of pay for, each appointive office and position in the city service, including minimum, intermediate, and maximum rates of pay; (9) He or she shall recommend to the city commission, from time to time, adoption of such measures as may be deemed necessary or expedient for the health, safety, or welfare of the inhabitants of the city or for the improvement of administrative services; (10) He or she may consolidate or combine offices, positions, departments, or units under his or her jurisdiction with the approval of the city commission; the city manager may be the head of one or more departments; (11) He or she shall investigate the affairs of the city or any department or division thereof. He or she shall investigate all complaints in relation to matters concerning the administration of the government of the city and in regard to service maintained by the public utilities in the city and shall see that all franchises, permits, and privileges granted by the city are faithfully observed; (12) He or she shall keep the city commission fully advised as to the financial condition and future needs of the city and shall make such recommendations to the city commission concerning the affairs of the city as he or she deems desirable; and (13) He or she shall perform such other duties as are specified in this charter or as may be required by the city commission.

SECTION 2.33. Commission interference with administration.

Neither the city commission nor any of its members shall direct or request any person's appointment to or removal from office by the city manager or any of the manager's subordinates, nor in any manner take part in the appointment or removal of officers and employees in the administrative services of the city. Except for the purpose of inquiries and investigations under Section 2.18 of this charter, the city commission 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 commission nor its members shall give orders to any such officer or employee, either publicly or privately.

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SECTION 2.34. Emergencies.

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In case of an accident, disaster, or other circumstance creating a public emergency, the city manager may award contracts and make purchases for the purpose of meeting such emergency, but he or she shall file promptly with the city commission a certificate showing such emergency and the necessity for such action, together with an itemized account of all expenditures.

SECTION 2.35. Compensation.

The city manager shall receive such compensation as prescribed by the city commission.

SECTION 2.36. Election of mayor.

At a regular election of the city the voters of the city shall elect a mayor at large 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. No person shall be eligible to serve as mayor who shall have been convicted of a crime involving moral turpitude unless such person has received a full pardon and has had all rights of citizenship restored. The mayor shall forfeit the office on the same grounds and under the same procedure as for commissioners. The compensation of the mayor shall be established in the same manner as for commissioners.

SECTION 2.37. Mayor pro tempore.

The city commission shall elect one commissioner from among its members who shall act as mayor pro tempore during the absence or disability of the mayor, but shall only vote once on matters before the city commission. If a vacancy occurs, the mayor pro tempore shall become mayor for the remainder of the unexpired term, or until a special election is completed pursuant to subsection (b) of Section 2.13 of this charter.

SECTION 2.38. Powers and duties of mayor.

The mayor shall: (1) Be the titular head of the municipal government;

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(2) Preside at all meetings of the city commission; (3) Be the head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the city and the chief advocate of policy; (4) Have the power to administer oaths and to take affidavits; (5) Have a vote upon any question before the city commission only when the vote is evenly divided; and (6) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing.

SECTION 2.39. Position of mayor pro tempore.

During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore, or in the mayor pro tempore's absence or disability for any reason, any one of the commissioners chosen by a majority vote of the city commission shall be clothed with all rights and privileges of the mayor and shall perform the duties of the office of mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all commissioners. The mayor pro tempore or selected commissioner shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.17 of this charter. When acting as mayor, the mayor pro tempore shall continue to have only one vote as a member of the city commission.

ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Boards, commissions, and authorities.

(a) The city commission shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function that the city commission 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 commission 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 commission, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.

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(d) 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. (e) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the city clerk an oath obligating himself or herself to perform faithfully and impartially the duties of his or her office, such oath to be prescribed by ordinance and administered by the chairperson of the city commission. (f) All members of a board, commission, or authority shall serve at will, and any such members may be removed from office by a majority vote of the city commission. (g) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter, the ordinances of the city, or law as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the city clerk. (h) All boards, commissions, and authorities previously established and duly appointed by the city commission prior to the effective date of this charter are hereby continued under this charter and shall remain in full force and effect subsequent to the enactment of this charter. Any such board, commission, or authority, so continued, shall continue to have the powers, duties, rights, obligations, and liabilities that exist on the effective date of this charter and shall be subject to all laws, subject to the provisions of this charter, that are not in conflict therewith.

SECTION 3.11. City clerk.

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

SECTION 3.12. City attorney.

The city commission, with the recommendation of the city manager, 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

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court; shall attend the meetings of the council as directed; shall advise the city commission, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney. The city attorney is not an officer or 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. Rules and regulations.

The city commission, through the adoption of an employee handbook, shall adopt rules and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel matters.

SECTION 3.14. Personnel policies.

(a) All employees are at-will and may be removed from office at any time unless otherwise provided by ordinance; (b) Personnel policies, handbooks, and ordinances previously established by the city commission prior to enactment of this charter shall continue in full force and effect subsequent to the enactment of this charter until otherwise modified by the city commission pursuant to applicable law.

ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Municipal court.

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

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SECTION 4.11. Judges.

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(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 the city commission. (b) The chief judge shall be appointed by the city commission for a term of two years. (c) No person shall be qualified or eligible to serve as a judge on the municipal court unless he or she shall have attained the age of 25 years and shall have been a member of the State Bar of Georgia for a minimum of three years. All judges shall be appointed by the city commission. (d) The compensation of the judge or judges shall be fixed by the city commission. (e) The judge or judges may be removed for cause by a majority vote of the city commission. (f) Before assuming office, each judge shall take an oath, administered by the chairperson of the city commission, that he or she shall honestly and faithfully discharge the duties of his or her office to the best of his or her ability and without fear, favor, or partiality. The oath shall be entered upon the journal of the city commission. (g) Whenever no judge of the city can be in attendance in the municipal court for any reason, a person having the qualifications of a judge of the municipal court may be appointed to preside in the court, and his or her acts therein shall be as binding as those of a regular judge of the court.

SECTION 4.12. Convening of court.

(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as may be 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 the maximum penalty imposed by state law. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding the maximum fine and imprisonment as provided by state law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the costs of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior or state 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 the court and shall have discretionary authority to accept cash or personal or real property as a surety bond for the appearance of persons charged with violations. Whenever any person gives bail for his or her appearance and fails to appear at the time fixed for trial, his or her bond shall be forfeited by the judge

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presiding at such time and an execution shall be issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that any statue has been violated. (h) Each judge of the municipal court may compel the presence of all persons necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants, which may be served or executed by any officer as authorized by this charter or by law. (i) The judge or judges 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 the prosecution of traffic violations.

SECTION 4.13. 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 Habersham County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

SECTION 4.14. Rules.

With the approval of the city commission, the judge or judges 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 commission may adopt in part or in toto the rules and regulations applicable to municipal courts. The rule and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to such proceedings.

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ARTICLE V FINANCE SECTION 5.10. Property tax.

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The city commission may assess, levy, and collect an ad valorem tax on all taxable real and personal property within the corporate limits of the city. 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 commission in its discretion.

SECTION 5.11. Millage.

(a) The city commission 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. (b) The millage rate levied pursuant to this article shall not exceed 20 mills, except that such limitation shall not apply with respect to any ad valorem tax levied for the purpose of payment of any general obligation debt of the city. (c) The city 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.

SECTION 5.12. Occupation taxes and regulatory fees.

The city commission by ordinance shall have the power to levy and to provide for the collection of such occupation taxes and regulatory fees as are not denied by law on privileges, occupations, trades, professions, and any other lawful subjects thereof and may regulate the same. Such taxes and fees may be levied on individuals, firms, corporations, and other entities that transact business in the city of that practice or offer to practice any profession or calling within the city to the extent that they have, in accordance with law, a sufficient nexus to the city. The city commission shall provide for the manner and method of payment of such taxes and fees. The city commission may classify businesses, occupations, professions, or callings for the purpose of such taxes and fees in any way which may be lawful, and may compel the payment of such taxes and fees as provided in Section 5.18 of this charter.

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SECTION 5.13. Licenses and permits.

The city commission, by ordinance, shall have the power to require any individual, firm, corporation, or other entity that transacts business in the city or that practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and to pay a reasonable fee for such license or permit where such activities are not exclusively regulated by general law. The city may also regulate such activities and shall provide for the manner and method of payment of such fees. Fees under this section, if unpaid, shall be collected as provided in Section 5.18 of this charter. The commission, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. The city commission may revoke any such license or permit after due process for failure to pay any city taxes or fees or for other cause determined by the city commission.

SECTION 5.14. Franchises.

The city commission shall have the power to grant franchises and rights of way for the use of the city's streets, roads, alleys, bridges, and viaducts for the purposes of railroads, street railways, electric companies, gas companies, transportation companies, telecommunications companies, other public utilities and organizations, and for private use. The city commission shall determine the duration and terms of franchises, whether they shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a longer period than may be specified by the Constitution and general laws of this state and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city commission shall provide for the registration of all franchises with the city clerk in a registration book kept by him or her. The city commission may provide by ordinance for the registration within a reasonable time of all franchises previously granted.

SECTION 5.15. Service fees.

The city commission, 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 5.18 of this charter.

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SECTION 5.16. Roads.

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The city commission 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 5.18 of this charter.

SECTION 5.17. Other taxes.

This city shall be empowered to levy any other tax now or hereafter allowed 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 5.18. Collection of delinquent taxes.

The city commission by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 5.10 through 5.17 of this charter by whatever reasonable means as are not precluded by law. Such means shall include, but shall not be limited to, providing for the dates when the taxes are due, late penalties or interest, issuance and execution of writs of fieri facias (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, and providing for the assignment or transfer of tax executions.

SECTION 5.19. Borrowing.

The city commission 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 this state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time that an issue is undertaken.

SECTION 5.20. Revenue bonds.

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

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SECTION 5.21. Loans.

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

SECTION 5.22. Accounting and budgeting.

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

SECTION 5.23. Budget ordinance.

The city commission shall by ordinance provide 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 program.

SECTION 5.24. Operating budget.

The city manager shall submit to the city commission a proposed operating budget for each ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he or she may deem pertinent. The operating budget, the capital improvements program, the capital budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

SECTION 5.25. Adoption of budget.

(a) The city commission 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 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.

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(b) After the conducting of a budget hearing, the city commission shall adopt the final operating budget for the ensuing fiscal year not later than the beginning of each fiscal year. If the city commission fails to adopt the budget by such date, the dollar amounts appropriated for operation for the preceding 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 commission 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 organization unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 5.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such unit, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable.

SECTION 5.26. Levy of taxes.

Following adoption of the operating budget, the city commission shall levy by a majority vote of the city commission such taxes as are necessary. The taxes and tax rates 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 the city.

SECTION 5.27. Changes in budget.

The city commission, by majority vote, may make changes in the appropriations contained in the current operating budget at any regular meeting or at any special meeting called for such purposes.

SECTION 5.28. Capital improvements.

No appropriations provided for in a prior capital improvements program and capital budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; however, the city manager may submit amendments to the capital improvements program and the capital budget at any time during the fiscal year, accompanied by his or her recommendations. Any such amendments to the capital

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improvements program and the capital budget shall become effective only upon adoption by majority vote of the city commission.

SECTION 5.29. 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 commission. 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 section. Copies of all audit reports shall be available at printing cost to the public.

SECTION 5.30. Procurement and property management.

No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted to and reviewed by the city attorney and, as a matter of course, signed by him or her to indicate such drafting or review; and (3) It is made or approved by the city commission and such approval is entered in the city commission minutes pursuant to Section 2.23 of this charter.

SECTION 5.31. Purchasing.

The city commission shall prescribe procedures for a system of centralized purchasing for the city.

SECTION 5.32. Sale of property.

(a) The city commission may sell and convey any real, personal, or mixed property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city commission may quitclaim any rights it may have in property not needed for public purposes upon request by the city manager and adoption of a resolution 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 other 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 commission may authorize the city manager to execute and deliver in the name of the city a deed conveying such cutoff or

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separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of such street, avenue, alley, or other public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore or hereafter so executed and delivered shall convey all title and interest that the city has in such property, notwithstanding the fact that no public sale after advertisements was or is hereafter made.

SECTION 5.33. Deposits.

The city shall select some chartered bank or banks or other chartered depository financial institution or institutions as a city depository or depositories, in which shall be deposited all city funds that are not otherwise lawfully invested.

ARTICLE VI GENERAL PROVISIONS
SECTION 6.10. Bonds for officials.

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

SECTION 6.11. Ordinances, resolutions, rules, and regulations.

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

SECTION 6.12. 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 agencies, personnel, officers, or offices as may be provided by the city commission.

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SECTION 6.13. 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, and the masculine shall include the feminine, and vice versa.

SECTION 6.14. Specific repealer.

An Act incorporating the City of Cornelia, approved October 22, 1887 (Ga. L. p. 571), as amended, and the several Acts amendatory thereof are repealed. This repeal shall have no effect on the Act providing for homestead exemption, approved April 9, 1999 (Ga. L. p. 3904), which shall remain in effect.

SECTION 6.15. Effective date.

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

SECTION 6.16. General repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to provide for a new charter for the City of Cornelia; to provide for incorporation, corporate boundaries, municipal powers, and exercise of powers; to provide for a government structure of such city including creation, number, and election of the city commission; to provide for commissions' terms and qualifications for office; to provide procedures for elections, vacancies in office, filling of vacancies, and nonpartisan elections; to provide for election by majority; to provide for compensation and expenses, to provide rules regarding conflicts of interest and the holding of other offices; to provide for inquiries and investigations; to provide general powers and authority of the city commission; to provide for eminent domain; to provide for organizational meetings; to provide for regular

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and special meetings; to provide for rules of procedures; to provide quorum and voting; to provide for ordinance form and procedures; to provide for action recquiring an ordinance; to provide for emergencies; to provide for codes of technical regulation; to provide for ordinance book, codification of ordinances, and availability of laws; to provide a city manager and appointment and qualifications; to provide for an active city manager; to provide for the powers and duties of the city manager; to prohibit commission interference with administration; to provide for authority of the city manager in public emergencies; to provide compensation for the city manager; to provide for the election of the mayor; to provide for a mayor pro tempore; to provide for the powers and duties of the mayor; to define the position of mayor pro tempore; to provide for the administration affairs of the city; to create boards, commissions, and authorities of the city; to provide for a city clerk; to provide for a city attorney; to provide for rules and regulations through an employee handbook; to provide for personnel policies; to provide for a judicial branch including a municipal court and judges of that court; to provide for the convening of court; to establish certiorari; to provide for rules of the municipal court; to provide for the finance of the city; to provide for property taxes; to provide for a millage rate; to provide for occupation taxes and regulatory fees; to provide for licences and permits; to provide for franchises; to provide for service fees; to provide for roads; to provide for other taxes; to provide for the collection of delinquent taxes; to provide for borrowing; to provide for revenue bonds; to provide for loans; to provide for accounting and budgeting; to provide for a budget ordinance; to provide for an operating budget; to provide for adoption of the budget; to provide for the levy of taxes; to provide for changes in the budget; to provide for the capital improvements; to provide for audits; to provide for procurement and property management; to provide for purchasing; to provide for sale of property; to provide for deposits; to provide for bonds for officials; to provide for the validity of existing ordinances, resolutions, rules and regulations of the city; to provide for charter language on other general matters; to provide for definitions and construction; to provide for specific repealer; to provide an effective date; to provide a general repealer; and for other purposes.

Representative Terry Rogers District 10

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 20, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

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s/ TERRY ROGERS Terry Rogers Representative, District 10

Sworn to and subscribed before me, this 25th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 30, 2013.

__________

TOWN OF DANVILLE NEW CHARTER.

No. 95 (House Bill No. 467).

AN ACT

To provide a new charter for the Town of Danville; 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 town 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 town attorney, a town clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for town contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for related

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matters; 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. 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 Danville, Georgia, and by that name shall have perpetual succession.

SECTION 1.11. Corporate boundaries.

(a) The boundaries 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 in the manner provided by law. The boundaries of the 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 Danville, 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 the 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 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. The town shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of the town shall be construed liberally in the 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 the 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 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 the 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 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 necessary and appropriate authority for carrying out all of 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 the same by the public; and to prescribe penalties and punishment for violations thereof. (t) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, 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 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 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; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. (aa) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances. (bb) Public transportation. To organize and operate such public transportation systems as are deemed beneficial. (cc) Public utilities and services. To grant franchises or to 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 and roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all 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 of 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 the town, except as otherwise specifically provided in this charter, shall be vested in a town council to be composed of a mayor and three councilmembers. The town council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter.

SECTION 2.11. Town council terms and qualifications for office.

The mayor and members of the town council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the town for 12 months prior to the date of election of mayor or members of the council; each shall continue to reside therein during that member's period of service and to be registered and qualified to vote in municipal elections of the town.

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.

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(b) Filling of Vacancies. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the town council or those members remaining if less than 12 months remains in the unexpired term. If such vacancy occurs 12 months or more prior to the expiration of the term of that office, it shall be filled for the remainder of the unexpired term by a special election, as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., or other such laws as are or may hereafter be enacted. (c) This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember.

SECTION 2.13. Compensation and expenses.

The mayor and council shall receive such salary or compensation as may be fixed by the mayor and council, which shall be subject to change at any time. The mayor and council shall be paid such sums as may be fixed by proper ordinances; but the sum to be paid the mayor as salary shall not be more than $100.00 per month, and the sums to be paid to the members of the council as salary shall not be more than $25.00 per month. The latter specified restriction shall not apply to the combined salary of a member of the council and clerk and treasurer when one person fills both offices.

SECTION 2.14. Conflicts of interest; holding other offices.

(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 proper legal authorization; or use such information to advance the financial or other private interest of the official or others;

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(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 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 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 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 appointive officer of the town shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the town shall continue in such employment upon qualifying for or election to any public office in the 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 election 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 the town. (b) In addition to all other powers conferred upon it by the 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 Danville 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 as prescribed 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 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 Danville 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 Danville 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 by the mayor or any member of 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 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.

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(a) The town council shall adopt its rules or 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.

(a) Two 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 two 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 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. 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 Town of Danville" 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 as 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

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

SECTION 2.23. Action requiring an ordinance.

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

SECTION 2.24. Emergencies.

(a) To meet a public emergency affecting life, health, property, or public peace, the town council may convene on call of the mayor or 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 two councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Section 50-14-1 of the 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 in general except that:

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

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

(a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The 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 or 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 Danville, 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. Town manager; appointment; qualifications; compensation.

The town council may appoint a town 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.

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SECTION 2.28. Removal of town manager.

(a) The town manager shall be employed at will and may be summarily removed from office at any time by the town council. (b) The town council may remove the town manager from office in accordance with the following procedures:
(1) The town council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which shall state the reasons for removal and may suspend the town manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the town manager; (2) Within five days after a copy of the resolution is delivered to the town manager, the town manager may file with the town council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The town manager may file with the council a written reply not later than five days before the hearing; and/or (3) If the town manager has not requested a public hearing within the time specified in paragraph (2) of this subsection, the town council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the town manager has requested a public hearing, the town council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing. (c) The town manager may continue to receive a salary until the effective date of a final resolution or removal.

SECTION 2.29. Acting town manager.

By letter filed with the town clerk, the town manager shall designate, subject to approval of the town council, a qualified town administrative officer to exercise the powers and perform the duties of town manager during the town manager's temporary absence or physical or mental disability. During such absence or disability, the town council may revoke such designation at any time and appoint another officer of the town to serve until the town manager shall return or the town manager's disability shall cease.

SECTION 2.30. Powers and duties of the town manager.

The town manager shall be the chief executive and administrative officer of the town. The manager shall be responsible to the town council for the administration of all town affairs placed in the town manager's charge by or under this charter. As the chief executive and administrative officer, the town manager shall:

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(1) Appoint and, when the town manager deems it necessary for the good of the town, suspend or remove all town employees and administrative officers the town manager appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The town manager may authorize any administrative officer who is subject to the town 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 town, except as otherwise provided by this charter or by law; (3) Attend all town council meetings except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the town 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 town council, subject to enforcement by the town manager or by officers subject to the town manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the town council; (6) Submit to the town council and make available to the public a complete report on the finances and administrative activities of the town as of the end of each fiscal year; (7) Make such other reports as the town council may require concerning the operations of town departments, offices, and agencies subject to the town manager's direction and supervision; (8) Keep the town council fully advised as to the financial condition and future needs of the town, and make such recommendations to the town council concerning the affairs of the town as the town manager deems desirable; and (9) Perform other such duties as are specified in this charter or as may be required by the town council.

SECTION 2.31. 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 town manager solely through the town manager, and neither the town council nor its members shall give orders to any such officer or employee, either publicly or privately.

SECTION 2.32. Selection of mayor and mayor pro tem.

At each regular election, the voters of the town shall elect a mayor at large for a term of four years. The council shall elect from among its members a mayor pro tem who shall act as mayor during the absence or disability of the mayor, but shall only vote once on matters

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before the council, and if a vacancy occurs, shall become mayor for the remainder of the expired term.

SECTION 2.33. Powers and duties of mayor.

The mayor shall: (1) Preside at all meetings of the town council; (2) Be the head of the town for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the town and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the town all written and approved contracts, ordinances, and other instruments executed by the town which by law are required to be in writing; and (5) Serve in any administrative or official capacity as deemed necessary by the town council.

SECTION 2.34. Position of 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 town 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 of this charter. When acting as mayor, the mayor pro tem shall continue to have only one vote as a member of the council.

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

(a) Except as otherwise provided in this charter, the 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.

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(b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the 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 may be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the appointing authority, 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 appointing authority shall be nominated by the mayor or any member of the town council 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 appointing authority unless otherwise provided by law or ordinance.

SECTION 3.11. Boards, commissions, and authorities.

(a) The town council may 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 an 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 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 two 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,

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and may elect as its secretary one of its own members or may appoint as secretary an employee of the town. Each board, commission, or authority of the town government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the town, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the town.

SECTION 3.12. Town attorney.

(a) The town council shall appoint a town attorney, together with such assistant town attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the town. The town attorney shall be responsible for providing for the representation and defense of the town in all litigation in which the town is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the town council, mayor, and other officers and employees of the town concerning legal aspects of the town's affairs; and shall perform such other duties as may be required by virtue of the person's position as town attorney. (b) The town attorney is not a public official of the town and does not take an oath of office. The town attorney shall at all times be an independent contractor. A law firm, rather than an individual, may be designated as 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 town manager or town clerk 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.

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SECTION 3.15. Personnel policies.

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

ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.

(a) There shall be a court to be known as the Municipal Court of the Town of Danville. (b) 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. (c) 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. (d) Compensation of the judges shall be fixed by ordinance. (e) Judges shall 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 of this charter.

SECTION 4.11. Convening.

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

SECTION 4.12. 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

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imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizance to ensure the presence of those charged with violations before 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 his or her appearance and shall fail to appear at that 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 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 with the town.

SECTION 4.13. 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 Twiggs County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

SECTION 4.14. 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

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administration of the municipal court; provided, however, that the town council may adopt in part or in whole 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 5.11. Election of the town council and mayor.

(a) There shall be a municipal general election every four years on the Tuesday next following first Monday in November. (b) There shall be elected the mayor and three town councilmembers at the election. Terms shall be for four years.

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. Election by plurality.

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 12 months of the expiration of the term of that office, the town council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the

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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."

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 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 herein provided shall have the right of appeal from the decision of the town council to the Superior Court of Twiggs County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; and/or (2) By an order of the Superior Court of Twiggs County following a hearing on a complaint seeking such removal brought by any resident of the Town of Danville.

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.

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

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

SECTION 6.12. Occupation and business taxes.

The town council by ordinance shall have the power to levy such corporation 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 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, 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,

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

SECTION 6.15. 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.

SECTION 6.17. Construction; other taxes and fees.

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

SECTION 6.18. Collection of delinquent taxes and fees.

The town council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the town under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.fas; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking town permits for failure to pay any town taxes or fees; and providing for the assignment or transfer of tax executions.

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SECTION 6.19. General obligation bonds.

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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.

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.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 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 budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the town, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and 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; provided 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 by a time each fiscal year as enumerated in such ordinance. 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

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

SECTION 6.27. Tax levies.

The 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 6.28. 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 6.29. Capital budget.

(a) On or before the date fixed by the town council but no later than 30 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 a time set by the town council by ordinance. No appropriations 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 town council 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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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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: (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 town council 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

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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.

ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.

The officers and employees of the 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.

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.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 7.14. Construction.

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

SECTION 7.15. Severability.

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

SECTION 7.16. Repealer.

An Act incorporating the Town of Danville in the County of Twiggs, approved August 19, 1922 (Ga. L. 1922, p. 725), is hereby repealed in its entirety and all amendatory acts thereof are likewise repealed in their entirety. All other laws and parts of laws in conflict with this charter are hereby repealed.

SECTION 7.17. Effective Date.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Pursuant to O.C.G.A. Sect. 28-1-14, notice is hereby given that legislation will be introduce in the 2013 Session of the Georgia General Assembly revising the City Charter of the City of Danville. The Charter will be revised for the purpose of changing local election practices and elected official terms of office, as well as to update the Charter generally to provide for effective and efficient government function.

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The City of Danville also hereby gives notice that a public hearing will be held concerning the revision of the City of Danville Charter.

The Mayor and Council will hold a public hearing in conjunction with the regularly scheduled Danville City Council meeting at Danville City Hall, 101 Railroad Avenue, Danville, Georgia 31017 on March 4, 2013 at 7:30 p.m. Anyone wishing to attend may do so and may be heard and any interested party may participate in the decision to adopt the revised Charter. Comments will be received in writing as well prior to and during the hearing. A copy of the proposed Charter is available at Danville City Hall on MondayThursday 10:00 a.m.-2:00 p.m.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bubber Epps, 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 Twiggs Times New Era which is the official organ of Twiggs County on February 21, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BUBBER EPPS Bubber Epps Representative, District 144

Sworn to and subscribed before me, this 25th day of February 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 30, 2013.

__________

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CITY OF CALHOUN HOTEL/MOTEL TAX.

No. 96 (House Bill No. 471).

AN ACT

To authorize the governing authority of the City of Calhoun 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 Calhoun 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 Calhoun dated February 11, 2013, which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.

SECTION 3. In accordance with the terms of such resolution adopted by the mayor and council of the City of Calhoun:
(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 exceeds 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 Calhoun; provided, however, that the City of Calhoun 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; and

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(2) The remaining amount of taxes collected that exceeds the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Calhoun to levy an excise tax pursuant to subscription (b) at Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions and limitations to provide for related matters, and for other purposes.
Representative John Meadows, District 5
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 Calhoun Times which is the official organ of Gordon County on February 23, 2013, 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 25th day of February, 2013.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Approved April 30, 2013.

__________

GORDON COUNTY HOTEL/MOTEL TAX.

No. 97 (House Bill No. 472).

AN ACT

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of Gordon County is authorized within the territorial limits of the special district located within Gordon County 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 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 Gordon County which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.

SECTION 3. In accordance with the terms of the resolution of the governing authority of Gordon County:
(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 exceeds 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 Gordon County; and

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(2) The remaining amount of taxes collected that exceeds the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to authorize the governing authority of Gordon County to levy an excise tax pursuant to subseciton (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; and for other purposes.
/s/ Representative John Meadows District 5
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 Calhoun Times which is the official organ of Gordon County on February 23, 2013, 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 25th day of February, 2013.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Approved April 30, 2013.

__________

CITY OF HINESVILLE CORPORATE LIMITS; REFERENDUM.

No. 99 (House Bill No. 476).

AN ACT

To amend an Act entitled "An Act to create a new charter for the City of Hinesville in the County of Liberty," approved March 10, 1959 (Ga. L. 1959, p. 2604), as amended, so as to change the corporate limits of such municipality; to provide for related matters; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act entitled "An Act to create a new charter for the City of Hinesville in the County of Liberty," approved March 10, 1959 (Ga. L. 1959, p. 2604), as amended, is amended by adding a new section to read as follows:
"SECTION 2B. In addition to the area now included in the corporate limits of the City of Hinesville, the following areas shall be included in the corporate limits of such municipality:
TRACT NO. 1 Commencing at a point where Reuben Wells Rd meets Live Oak Church Rd then traveling west along the southern boundary of LIBERTY COUNTY MAP AND PARCEL NUMBER 035C-022; then turning northwesterly along the western boundaries of LIBERTY COUNTY TAX MAP AND PARCEL NUMBERS 035C-022, 035C-002, 035A-007, 035A-006, 035A-005 and 035A-004; then turning westerly along the southwestern corner of LIBERTY COUNTY TAX MAP AND PARCEL NUMBER 035A-003 and continuing along the southern boundary of LIBERTY COUNTY TAX MAP AND PARCEL NUMBER 034C-006 while crossing 15th Street; then traveling along the existing city limits to the northwestern corner of LIBERTY COUNTY TAX MAP AND PARCEL NUMBER 033C-050 and the Fort Stewart jurisdictional boundary; then traveling easterly along the Fort Stewart jurisdictional boundary to the northeast corner of LIBERTY COUNTY TAX MAP AND PARCEL NUMBER 044A-080; then traveling along the existing city limits on the boundaries of parcels LIBERTY COUNTY TAX MAP AND PARCEL NUMBERS 044A-080, 034-003, 045A-001, 045A-002, 045C-140, 045C-105, 035-004, 035-003, 035C-036 and 035C-064 to the Live Oak

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Church Road; then traveling northwesterly along the northerly side of Live Oak Church Road back to the point of commencement.

TRACT NO. 2: Commencing at a point where Reuben Wells Rd meets Live Oak Church Rd then traveling westerly along the northern side of Live Oak Church Rd and the existing city limits to the northern point of the triangle shaped LIBERTY COUNTY TAX MAP AND PARCEL NUMBER 036A-011; then along the western boundaries of LIBERTY COUNTY TAX MAP AND PARCEL NUMBERS 036A-011, 036A-012, 036C-002 to the northwest corner of LIBERTY COUNTY TAX MAP AND PARCEL NUMBER 036C-013; then westerly, while crossing 15th Street and Lauren Drive, along the northern boundaries of LIBERTY COUNTY TAX MAP AND PARCEL NUMBERS 036C-003, 029D-025, 029D-030, 029D-034, 029D-039, and 029D-034 again; then turning southwesterly along the existing city limits and the western boundaries of LIBERTY COUNTY TAX MAP AND PARCEL NUMBER 029D-035 until the parcel abruptly turns northeasterly; then northeasterly along the southeastern boundary of LIBERTY COUNTY TAX MAP AND PARCEL NUMBER 029D-035 and the eastern boundaries of LIBERTY COUNTY TAX MAP AND PARCEL NUMBERS 029D-036 and 029D-037 to Davidson Plantation Rd; then traveling easterly along Davidson Plantation Rd until it intersects with 15th Street; then traveling southerly along 15th Street and the western boundaries of LIBERTY COUNTY TAX MAP AND PARCEL NUMBERS 037A-001, 036C-005, 037A-001 again, 037A-007 and 037A-005 until the southerly corner of that rectangular shaped lot; then traveling around the southeast and northeast boundaries of LIBERTY COUNTY TAX MAP AND PARCEL NUMBER 037A-005 and the northeast boundaries of LIBERTY COUNTY TAX MAP AND PARCEL NUMBERS 037A-007 until the boundary of LIBERTY COUNTY TAX MAP AND PARCEL NUMBERS 037A-001; then along the southern boundary of LIBERTY COUNTY TAX MAP AND PARCEL NUMBERS 037A-001 until it meets Georgia Highway 196; then northeasterly along the northern side of Georgia Highway 196 and the southern boundaries of LIBERTY COUNTY TAX MAP AND PARCEL NUMBERS 037A-001, 037A-015, crossing Curtis Rd, then along the southern boundary of LIBERTY COUNTY TAX MAP AND PARCEL NUMBERS 036C-013; then crossing over Georgia Highway 196 to encompass all of LIBERTY COUNTY TAX MAP AND PARCEL NUMBERS 037A-013 and 036D-006 the again crossing over Georgia Highway 196 and traveling in a northerly manner along the existing city limits and the western most boundary of LIBERTY COUNTY TAX MAP AND PARCEL NUMBERS 036C-013, and the southeastern boundaries of LIBERTY COUNTY TAX MAP AND PARCEL NUMBERS 036C-015, 036A-040, 036A-041, 036A-042 and 036-008, crossing over Live Oak Church Rd, then continuing along the southeastern boundaries of LIBERTY COUNTY TAX MAP AND PARCEL NUMBERS 036-006, 036-004 to the southeast corner of that lot; then turning northwesterly along the northeast

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

boundary of LIBERTY COUNTY TAX MAP AND PARCEL NUMBERS 036-004, 036-003, 036-005, 036-001 and 036-002 to the northern corner of that lot; then traveling westerly along the existing city limits and the northern boundaries of LIBERTY COUNTY TAX MAP AND PARCEL NUMBERS 036-002 and 036A-030 back to the point of origin.

TRACT NO. 3: An area completely surrounded by the city limits of Hinesville which includes the totality of the following LIBERTY COUNTY TAX MAP AND PARCEL NUMBERS 036-014, 036-016, 036-017, 036-018, 036-019, 036D-007, 036D-008, 036D-009, 036D-010 and 036D-022.

TRACT NO. 4: An area completely surrounded by the city limits of Hinesville which includes the totality of the following LIBERTY COUNTY TAX MAP AND PARCEL NUMBERS 030-046, 030-047, 030-048, 030-049, 030-050 and 030-051.

TRACT NO. 5: An area completely surrounded by the city limits of Hinesville which includes the totality of the following LIBERTY COUNTY TAX MAP AND PARCEL NUMBERS 037-001, 037-002, 037-004, 037-005 and 037-006.

TRACT NO. 6: An area completely surrounded by the city limits of Hinesville which includes the totality of the following LIBERTY COUNTY TAX MAP AND PARCEL NUMBERS 038C-031, 038C-032, 038C-033, 038C-034, 038C-035, 031D-049, 031D-050 and 031D-051.

TRACT NO. 7: An area completely surrounded by the city limits of Hinesville which includes the totality of the following LIBERTY COUNTY TAX MAP AND PARCEL NUMBERS 039A-098, 039A-099, 039B-021, 039B-022, 039B-023, 039B-024, 039B-025 and 039B-026.

TRACT NO. 8: An area completely surrounded by the city limits of Hinesville which includes the totality of the following LIBERTY COUNTY TAX MAP AND PARCEL NUMBERS 046C-007, 046C-008, 046C-009, 046C-010, 046C-011, 046C-012, 046C-013, 046C-014, 046C-015, 046C-016, 046C-017, 046C-018, 046C-019, 046C-020, 046C-021, 046C-022, 046C-023, 046C-024, 046C-025, 046C-026, 046C-027, 046C-028, 046C-029, 046C-030, 046C-031, 046C-032, 046C-033, 046C-034, 046C-035, 046C-036,

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046C-037, 046C-038, 046C-039, 046C-040, 046C-041, 046C-042, 046C-043, 046C-044, 046C-045, 046C-046, 046C-047, 046C-048, 046C-049, 046C-050, 046C-051, 046C-052, 046C-061, 046C-062, 046C-063, 046C-064, 046C-065, 046C-066, 046C-067, 046C-068, 046C-069, 046C-070, 046C-071, 046C-072, 046C-073, 046C-074, 046C-075, 046C-076, 046C-077, 046C-078, 046C-079, 046C-080, 046C-081, 046C-082, 046C-083, 046C-085, 046C-086, 046C-087, 046C-088, 046C-089, 046C-104, 046C-105, 046C-108, 046C-109, 046C-111, 046C-002, 046C-003, 047A-056, 047A-057, 047A-058, 047A-059, 047A-060, 047A-061, 047A-062, 047A-063, 047A-064, 047A-065, 047A-066, 047A-146 and 046A-041."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Liberty County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Liberty County who reside in the area proposed to be annexed into the City of Hinesville pursuant to Section 1 of this Act for approval or rejection. The election superintendent shall conduct that election on the Tuesday following the first Monday in November, 2013, 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 Liberty County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which annexes certain territory into the corporate ( ) NO limits of the City of Hinesville?"
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 total votes cast on such question are for approval of the Act, it 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, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Hinesville. 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.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Notice is given that there will be introduced at the regular 2013 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 Hinesville in the County of Liberty," approved March 10, 1959 (Ga. L. 1959, p. 2604) as amended, so as to change the corporate limits of such municipality; to provide for related matters; to provide for a referendum; to provide for an effective date; and for other purposes.

Representative Al Williams District 168

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Al Williams, who on oath deposes and says that he is the Representative from District 168 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Coastal Courier which is the official organ of Liberty County on February 17, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ AL WILLIAMS Al Williams Representative, District 168

Sworn to and subscribed before me, this 21st day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 30, 2013.

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GEORGIA LAWS 2013 SESSION

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FORSYTH COUNTY BOARD OF EDUCATION; COMPENSATION.

No. 100 (House Bill No. 479).

AN ACT

To amend an Act to provide for the Board of Education of Forsyth County and to consolidate and restate provisions of law relating to the board, approved March 24, 1992 (Ga. L. 1992, p. 5052), as amended, particularly by an Act approved May 18, 2007 (Ga. L. 2007, p. 3783), so as to change the compensation of the chairperson and members of the board; to remove compensation for per diem expenses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

SECTION 1. An Act to provide for the Board of Education of Forsyth County and to consolidate and restate provisions of law relating to the board, approved March 24, 1992 (Ga. L. 1992, p. 5052), as amended, particularly by an Act approved May 18, 2007 (Ga. L. 2007, p. 3783), is amended by revising Section 4 to read as follows:

"SECTION 4. (a) The chairperson of the Board of Education of Forsyth County shall receive as compensation the sum of $750.00 per month, payable only from tax funds available to the county board of education for educational purposes. (b) Members of the board of education other than the chairperson shall receive as compensation the sum of $700.00 per month, payable only from tax funds available to the county board of education for educational purposes."

SECTION 2. Said Act is further amended by revising Section 5 to read as follows:

"SECTION 5. While traveling inside or outside the state as a member of the board on business first authorized by a majority of the board, the chairperson or the members shall receive reimbursement for actual expenses necessarily incurred in connection therewith. Such amounts shall be paid only from tax funds available to the county board of education for educational purposes."

SECTION 3. This Act shall become effective on January 1, 2014.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation of the Board of Education of Forsyth County, approved March 24, 1992 (Ga. L. 1992, p. 5052), as amended particularly by an act approved May 18, 2007 (Ga. L. 2007, p. 3783), and for other purposes.

Mike Dudgeon, State Representative District 25

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Dudgeon, who on oath deposes and says that he is the Representative from District 25 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Forsyth County News which is the official organ of Forsyth County on February 22, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MIKE DUDGEON Mike Dudgeon Representative, District 25

Sworn to and subscribed before me, this 25th day of February 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 30, 2013.

__________

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CITY OF MONROE MUNICIPAL COURT; JURISDICTION.

No. 101 (House Bill No. 484).

AN ACT

To amend an Act entitled "An Act to reincorporate the City of Monroe in the County of Walton," approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, so as to provide for the jurisdiction of the municipal court; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act entitled "An Act to reincorporate the City of Monroe in the County of Walton," approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, is amended by revising Section 7.03 as follows:

"SECTION 7.03. Jurisdiction.

The municipal court shall have jurisdiction to: (1) Try and punish violations of this charter, all city ordinances, and such other violations as provided by law; (2) Try, hear, and abate nuisances as provided by the laws of this state; (3) Issue warrants for offenses committed within the limits of the city of Monroe, which warrants may be executed by any law enforcement officer of the city, and to commit offenders to incarceration as provided by law; (4) Punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail or both; (5) Punish for violations 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; provided, however, that the municipal court shall have jurisdiction to try and dispose of cases as provided in Article 1 of Chapter 32 of Title 36 of the O.C.G.A. and Article 2 of Chapter 13 of Title 40 of the O.C.G.A., as now or hereafter amended; (6) Establish bail and recognizance to ensure the presence of those charged with violations before such court; (7) Probate, revoke, amend, remit, modify, alter, or suspend sentences imposed; (8) Compel the production of books, papers, and other evidence in the possession of any party with the same authority as magistrates of the state;

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(9) Compel the presence of witnesses or all parties necessary to a proper disposal of each case by issuance of summonses, subpoenas, warrants, orders, and all other process in cases within its jurisdiction arising under the laws of the State of Georgia or this charter or ordinances of the city with full power to enforce the same; (10) Enforce obedience to its orders, judgments, and sentences with the same authority as magistrates of the state; (11) Administer all oaths as are necessary with the same authority as magistrates of the state and take affidavits and attest other papers; (12) 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 authority to issue warrants for offenses against state laws committed within the city; and (13) Such other powers and duties as shall be provided by law or ordinance."

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 2013 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to reincorporate the City of Monroe in the County of Walton," approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended; and for other purposes.
Representative Bruce Williamson District 115
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bruce Williamson, who on oath deposes and says that he is the Representative from District 115 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Walton Tribune which is the official organ of Walton County on February 20, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BRUCE WILLIAMSON Bruce Williamson Representative, District 115

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Sworn to and subscribed before me, this 25th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 30, 2013.

__________

TREUTLEN COUNTY STATE COURT; JUDGE AND SOLICITOR-GENERAL; COMPENSATION.

No. 102 (House Bill No. 485).

AN ACT

To amend an Act to establish the City Court of Soperton (now known as the State Court of Treutlen), in and for the County of Treutlen, approved August 18, 1919 (Ga. L. 1919, p. 519), as amended, so as to change the salary of the judge and solicitor; 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 the City Court of Soperton (now known as the State Court of Treutlen), in and for the County of Treutlen, approved August 18, 1919 (Ga. L. 1919, p. 519), as amended, is amended by revising subsection (a) of Section 3 as follows:
"(a) Beginning on July 1, 2013, the judge shall receive an annual salary of not less than $34,000 for the length of the first four-year term served and $42,000 annually for the length of the second four-year term and any subsequent terms for which he or she is elected to serve. Beginning on July 1, 2013, the solicitor-general shall receive an annual salary of not less than $24,000 for the length of the first four-year term served and $36,000 annually for the length of the second four-year term and any subsequent terms for which he or she is elected to serve. Any terms served prior to or after July 1, 2013, as either the judge or solicitor-general shall be included for purposes of calculating the salary of an individual serving as the judge or solicitor-general in accordance with this subsection. Any terms served as the solicitor-general shall count toward terms served as the judge, and any terms served as the judge shall count toward terms served as the solicitor-general. Payments shall

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be made in equal monthly installments from the funds of Treutlen County. The judge and the solicitor-general may succeed themselves in office. No person shall be disqualified from serving as solicitor-general of said court because he or she holds another county office."

SECTION 2. This Act shall become effective on July 1, 2013.

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 2013 session of the General Assembly of Georgia a bill to amend an Act to establish the City Court of Soperton (named later changed to State Court of Treutlen), in and for the County of Treutlen, approved August 18, 1919 (GA L. 1919, p519) as amended; and for other purposes.
Rep. Matt Hatchett District 150
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Matt Hatchett, who on oath deposes and says that he is the Representative from District 150 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Soperton News which is the official organ of Treutlen County on February 20, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MATT HATCHETT Matt Hatchett Representative, District 150
Sworn to and subscribed before me, this 22nd day of February, 2013.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia

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My Commission Expires January 23, 2015 (SEAL)

Approved April 30, 2013.

__________

RABUN COUNTY RABUN COUNTY WATER AND SEWER AUTHORITY; CREATION.

No. 103 (House Bill No. 496).

AN ACT

To create the Rabun County Water and Sewer Authority; to authorize the authority to acquire, construct, equip, operate, maintain, own, and improve self-liquidating projects embracing sources of water supply, the treatment, distribution, and sale of water and related facilities to individuals, private concerns, municipal corporations, and governmental units, and the collection, treatment, and disposal of sewage waste and any related facilities; to confer powers and impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their terms of office; to provide for vacancies; to authorize the authority to contract with municipal governments, counties, and others pertaining to water and sewerage facilities and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority and to pay the cost of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds and to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide that no debt of the authority shall be guaranteed or otherwise subject to taxation except by the voluntary act of any such municipality, county, or other governmental entity; to make the bonds and other obligations of the authority exempt from taxation; to provide for the authority to condemn property; to fix the venue or jurisdiction of actions relating to any provisions of this Act; to provide for severability; to provide for other matters relating to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Short title.

This Act shall be known and may be cited as the "Rabun County Water and Sewer Authority Act."

SECTION 2. Rabun County Water and Sewer Authority.

(a) There is created a public body corporation to be called the Rabun County Water and Sewer Authority and, by such name, style, and title, such 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 or the trustee acting under any trust indenture shall in no event be liable for any torts committed by any of its officers, agents, or employees. (b) The authority shall consist of nine members, two of whom shall be appointed by the governing authority of Rabun County and the City of Clayton and one each by the governing authorities of the Cities of Tiger, Mountain City, Dillard, Tallulah Falls, and Sky Valley. The authority members shall be citizen residents of Rabun County, Georgia, but not necessarily a resident of the municipality appointing, at the option of the appointing municipality. Citizens holding elective office in the governing authorities of any of the appointing municipalities or their employees or in the governing authority of Rabun County, or its employees, shall be ineligible for appointment to or service on the authority. (c) The initial terms of the appointed authority members shall be as follows: Three years for the first appointees of Rabun County and the City of Clayton and for the appointee of Tallulah Falls, two years for the second appointee of the City of Clayton and for the appointees of Dillard and Sky Valley, and four years for the second appointees of Rabun County and for the appointees of Tiger and Mountain City. Successor appointments' terms after the initial appointments expire shall be for three-year terms for all authority members. All properly appointed members shall serve until their successors are appointed and qualified. (d) Immediately after the passage of this Act and the appointment of the members by the appointing government authorities, the members of the authority shall enter upon their duties and, as soon as it is practicable thereafter, shall hold an organizational meeting. The members of the authority shall elect one of their number as chairperson and another as vice chairperson. The members shall also elect a secretary, who need not be a member of the authority. Five members of the authority shall constitute a quorum, provided that the authority is fully appointed and has nine members, and, if less than nine members, then a majority of the servicing members shall constitute a quorum. No vacancy on the authority shall impair the authority of the quorum to exercise all of the rights and powers of and perform all of the duties and obligations of the authority. A majority of the governing

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authorities shall provide by joint resolution for the compensation for the services of the members of the authority in such amounts as they may deem appropriate; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority may make rules and regulations and adopt bylaws for its own government. The authority shall have perpetual existence.

SECTION 3. Vacancies.

Any vacancy in the membership of the authority shall be filled for the remainder of the unexpired term by the governing authority of the county or municipality which appointed the member who has vacated his or her membership on the authority.

SECTION 4. Definitions.

As used in this Act, the term: (1) "Authority" means the Rabun County Water and Sewer Authority created by Section 2 of this Act. (2) "Cost of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges, interest prior to and during construction, and for one year after completion of construction, the cost of engineering, architectural, fiscal, and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing authorized in this Act, the construction of the project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. The cost of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority with respect to the financing and operating of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as 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 and includes the acquisition and construction of systems, plants, works, instrumentalities, and properties: (A) Used or useful in connection with the obtaining of a water supply and the conservation, treatment, distribution, and sale of water for public and private uses; or

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(B) Used or useful in connection with the collection, treatment, and disposal of sewage and waste, together with all parts of any such system, plant, work, instrumentality, and property and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, generating stations, sewage disposal plants, intercepting sewers, trunk-connecting and other sewers and water mains, filtration works, pumping stations, and equipment. (4) "Revenue bonds" and "bonds" means revenue bonds authorized to be issued pursuant to this Act, and revenue bonds may be issued by the authority as authorized in this Act without any other actions or proceedings. (5) "Self-liquidating" means any project which, in the sole judgment of the authority, the revenues and earnings to be derived by the authority therefrom, including, but not limited to, any contractual payments, and all properties used, leased, and sold in connection therewith, together with any grant, will be sufficient to pay the cost of operating, maintaining, repairing, improving, and extending the project and to pay the principal and interest of the revenue bonds which may be issued for the cost of the project or projects.

SECTION 5. Powers.

The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act; and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the action or proceedings as may be just to the authority and to the owners of the property to be condemned, provided that no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired, a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To enter into an agreement with the cities or counties or with any other political subdivision or municipal corporation of this state with respect to acquiring or providing a source of water supply; providing sewerage service; preparing engineering data, plans, and specifications for a water and sewerage system; extending water mains; apportioning the

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costs of construction, extending and maintaining a water or sewerage system, or both; providing for the testing and inspection of facilities constructed; providing for rates to be charged for water and sewerage services furnished to users of such system; providing for the reading of meters and keeping of pertinent records; or apportioning or designating the responsibility of any functions normally maintained by a water and sewerage system at the most reasonable cost possible; (5) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (6) To make contracts and leases and to execute all instruments necessary or convenient thereto, 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 this state and all special districts and all municipal corporations located in Rabun County 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 this paragraph, authority is specifically granted to municipal corporations, special districts, and counties and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of water and sewerage service and facilities or either of them by the authority to such municipal corporations, special districts, and counties to the authority for a term not exceeding 50 years. As to any political subdivisions, department, institution, or agency of this state and all special districts and municipal corporations located in Rabun County which shall enter into an agreement under the authority granted in this paragraph or in paragraph (4) of this section, the obligation to perform and fulfill such agreement shall constitute a general obligation of such entity for which its full faith and credit shall be and is pledged; (7) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, the cost of the projects to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency, instrumentality, or political subdivision thereof; (8) To make loans with, and accept grants or loans of money or materials or property of any kind from, the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (9) To make loans with, and accept grants or loans of money, materials, or property of any kind from, the State of Georgia or any agency, instrumentality, or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency, instrumentality, or political subdivision may impose;

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(10) To borrow money for any of its corporate purposes, 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; (1l) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and to approve, execute, and deliver appropriate evidence of any such indebtedness, provided that such power is in conflict with the Constitution or general laws of this state; (12) To investigate the conditions of water and sewer plants and facilities within Rabun County and estimate, recommend, and undertake necessary improvements for each system and the costs of same, and the costs of expanding the systems in the future; and (13) To do all things necessary or convenient to carry out the powers expressly given in this Act.

SECTION 6. Financing projects.

The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created in this Act, shall have power and is authorized at one time, or from time to time, to borrow money for the purpose of paying all or any part of the cost of the project or any one or more projects and to provide by resolution for issuance of negotiable revenue bonds for that purpose. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in this Act for such payment. The bonds of each issue shall be dated, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. The interest rate or rates to be borne by any bonds and the time of payment of such interest shall be fixed, and with respect to any interest rate which floats in response to a variable, the method of calculation shall be fixed by the authority in the resolution providing for the issuance of all bonds. Any bonds issued by the authority shall be exempt from all laws of the State of Georgia governing usury or prescribing or limiting interest rates to be borne by bonds or other obligations.

SECTION 7. Revenue bonds; form; denominations; registration; place of payment.

The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside this state. The bonds may be issued in coupon or registered form,

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or both, as the authority may determine, and provision may be made for registration, conversion, and exchangeability privileges and for rights of redemption and may contain such other terms, covenants, assignments, and conditions as the resolution or resolutions authorizing the issuance of such bonds may provide.

SECTION 8. Same; signatures, seals.

All such 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 affixed thereto, either manually or by facsimile. The signature of one of such officers shall be placed manually on each bond. 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 coupon may bear the facsimile signature of and may be manually signed, sealed, and attested on behalf of the authority by those persons who at the actual time of the execution of such bonds are duly authorized or hold the proper office, although at the date of issuance of such bonds, such persons may not have been so authorized or did not hold such office. In case any officer whose signature appears on any bond or on any coupon ceases 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 or she had remained in office until such delivery.

SECTION 9. 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 the State of Georgia pertaining to negotiable instruments. Such bonds are declared to be issued for an essential public and governmental purpose and said bonds, their transfer, and the income therefrom shall be exempt from all taxation within this state.

SECTION 10. Same; sale; price.

The authority may sell such bonds in such manner and for such price as it may determine to be in the best interest of the authority.

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SECTION 11. Same; 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 any trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit, which, unless otherwise provided in the resolution authorizing the issuance of the bonds or in any trust indenture, shall be deemed to be of the same issue and shall be entitled to pay from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue exceeds the amount required for the purpose for which such bonds are issued, the surplus shall be used for paying the principal of and the interest on such bonds.

SECTION 12. Same; 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 13. Same; replacement of lost or mutilated bonds.

The authority may also provide for the replacement of any bond which becomes mutilated or is destroyed or lost.

SECTION 14. Same; conditions precedent to issuance; object of issuance.

Such revenue bonds may be issued without any other proceedings or the happening of any 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, special, or adjourned meeting of the authority by a majority of the quorum as provided in this Act.

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SECTION 15. Same; credit not pledged.

Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or any city or county nor a pledge of the faith and credit of such state, municipalities, or 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 such state, municipality, or 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 provisions enumerated in this section.

SECTION 16. Same; 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 inside or outside this state having the powers of a trust company. Such trust indenture may pledge or assign fees, tolls, charges, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys; 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 shall be satisfactory to the original purchasers of the bonds issued therefor; may also require that the security given by contractors and by any depositary 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 depositary 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 private corporations. In addition, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.

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SECTION 17. Same; to whom proceeds of bond shall be paid.

The authority shall, in the resolution providing for the issuance of revenue bonds or in any trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank, or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes of this Act, subject to such regulations as this Act and such resolution or trust indenture may provide.

SECTION 18. Same; sinking fund.

The revenues, fees, tolls, charges, and earnings derived from any particular project or projects, regardless of whether or not such fees, tolls, charges, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated together with any grant funds, may be pledged and allocated by the authority to the payment of the principal of and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust indenture may provide, and such funds so pledged from whatever source received, which pledge may include funds received from one or more or all sources, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund which shall be pledged to and charged with the payment of:
(1) The interest on such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of paying agents for paying principal and interest; and (4) Any premium upon bonds retired by call or purchase as provided in this Act. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in any 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 immediately be canceled and shall not again be issued.

SECTION 19. Same; remedies of bondholders.

Any holders 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 any trust indenture, may, either at law or in equity, by 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

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enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.

SECTION 20. Same; refunding bonds.

The authority is authorized to provide by resolution for the issuance of refunding bonds of the authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon, and to refund any revenue bonds issued by any city, county, or authority with respect to any facilities to be acquired by the authority from any such city, county, or authority. 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 provisions of this Act insofar as such provisions may be applicable.

SECTION 21. Same; venue and jurisdiction.

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

SECTION 22. Same; validation.

Bonds of the authority shall be confirmed and validated in accordance with the procedure provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," as now or hereafter amended. 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 any other party which has contracted with the authority to furnish or received the services and facilities of the water and sewerage system for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision, or instrumentality or other party 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 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

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bonds, against the authority issuing the same, and any municipality, county, authority, subdivision, instrumentality, or other party contracting with the authority.

SECTION 23. Same; interest of bondholders protected.

While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency, or authority 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. 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 24. Moneys received considered trust funds.

All moneys receive pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as proceeds of short-term loans, as grants or other contributions, or as revenues, fees, and earnings shall be deemed to be trust funds to be held and applied solely as provided in this Act.

SECTION 25. Purpose of the authority.

Without limiting the generality of any provisions of this Act, the general purpose of the authority is declared to be that of acquiring, equipping, constructing, maintaining, and operating adequate water supply, treatment, and distribution facilities and sewerage collection, treatment, and distribution facilities; making such facilities and the services thereof available to public and private consumers and users located in the municipalities of Rabun County and Rabun County and environs, including municipalities inside or outside such county, and adjoining counties; extending and improving such facilities; and doing all things deemed by the authority necessary, convenient, and desirable for and incident to the efficient and proper development and operation for such type of undertakings.

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

The authority is authorized to prescribe, fix, and collect rates, fees, tolls, or charges and to revise from time to time and collect such rates, fees, tolls, or charges for the services,

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facilities, or commodities furnished, and in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as provided in this Act to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of the 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 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 the State of Georgia and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from all taxes and special assessments of any city, county, or the state or any political subdivision thereof.

SECTION 28. 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.

SECTION 29. Powers declared supplemental and additional.

The provisions of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized by this Act and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.

SECTION 30. Liberal construction of Act.

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

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SECTION 31. Effect of partial invalidity of Act.

The provisions of this Act are severable, and if any of its provisions are held unconstitutional by any court of any competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

SECTION 32. Other existing powers and authority.

This Act shall not in any way take from the City of Clayton or Rabun County or any municipality located in Rabun County or in any adjoining county the authority to own, operate, and maintain water systems or 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 33. Effective date.

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

SECTION 34. Successor to existing authority.

The Rabun County Water and Sewer Authority shall be and, by this Act, is empowered to succeed to the power and authority of the existing Clayton-Rabun County Water & Sewer Authority ("existing authority") and subsequent to organization is authorized and empowered to take over the property, accounts, operation, contracts, and other powers, privileges, and obligations of said existing authority, and, upon the Rabun County Water and Sewer Authority assuming full ownership, control, and operation of the assets and responsibilities of the existing authority, the existing authority may be disbanded by joint resolution of the the Rabun County Water and Sewer Authority and the existing authority subject to reinstatement only by similar, joint resolution, and the Rabun County Water and Sewer Authority shall continue the operation of the existing authority under the powers and responsibilities of this Act.

SECTION 35. 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 hereby given that there will be introduced at the regular 2013 session of the Georgia General Assembly of Georgia a bill (or bills) to create the RABUN COUNTY WATER AND SEWER AUTHORITY; to authorize the authority to acquire, construct, equip, operate, maintain, own, and improve self-liquidating projects embracing: sources of water supply; the treatment, distribution, and sale of water and related facilities to individuals, private concerns, municipal corporations, and governmental units; and the collection, treatment, and disposal of sewage waste and any related facilities; to confer powers and impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their terms of office; to provide for vacancies, to authorize the authority to contract with municipal governments, counties and others pertaining to water and sewerage facilities and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority and to pay the cost of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds and to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide that no debt of the authority shall be guaranteed or otherwise subject to taxation except by the voluntary act of any such municipality, county, or other governmental entity; to make the bonds and other obligations of the authority exempt from taxation; to provide for the authority to condemn property; to fix the venue or jurisdiction of actions relating to any provisions of this Act; to provide for severability; to provide for other matters relating to the foregoing; to provide an effective date: to repeal conflicting laws; and for other purposes.

This 14th day of February, 2013.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Stephen Allison, who on oath deposes and says that he is the Representative from District 8 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Clayton Tribune which is the official organ of Rabun County on February 14, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ STEPHEN ALLISON Stephen Allison Representative, District 8

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Sworn to and subscribed before me, this 26th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 30, 2013.

__________

MADISON COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION.

No. 104 (House Bill No. 505).

AN ACT

To create a board of elections and registration for Madison County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created the Board of Elections and Registration of Madison County, hereinafter referred to as "the board." The board shall have the powers, duties, and responsibilities of the superintendent of elections of Madison County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," currently being exercised by the judge of the Probate Court of Madison County, and the powers, duties, and responsibilities of the Board of Registrars of Madison 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," "public office," "special election," and "special primary" shall have the same meanings as set forth in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," unless otherwise clearly apparent from the text of this Act; and the term "commissioners" means the Board of Commissioners of Madison County, "county" means Madison County, and "superior court" means the Superior Court of Madison County.

SECTION 3. (a) The board shall be composed of three members each of whom shall be an elector and resident of the county at the time of appointment and for at least one year prior thereto, and who shall be appointed as provided in this section. (b) One member of the board shall be nominated by the political party whose candidate for the office of Governor at the last election for such office received the highest number of votes cast for such office within the county. One member of the board shall be nominated by the political party whose candidate for the office of Governor at the last election for such office received the second highest number of votes cast for such office within the county. Each of these two respective members nominated by political parties shall be ratified by the county executive committee of the respective political party at least 30 days before the beginning of the term of office or within 30 days after the creation of a vacancy in the office, and upon such approval, the nomination shall be immediately submitted to the Board of Commissioners of Madison County for approval at a regular or called meeting of the board of commissioners. Should the board of commissioners fail to approve a nominee by a majority vote, a new nominee shall be nominated and submitted for approval in the same manner. (c) The remaining member shall be the chairperson of the board. The chairperson shall be appointed by the senior judge in time of service of the Superior Court of Madison County upon recommendation of the Madison County grand jury. (d) The initial appointments to the board shall be made at least 30 days prior to January 1, 2014. The initial members and their successors shall be appointed for terms of four years and until their respective successors are appointed and qualified. The term of each initial member shall commence on January 1, 2014.

SECTION 4. No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective office, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office.

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SECTION 5. The Board of Commissioners of Madison County shall certify the appointment of each member of the board by filing an affidavit with the clerk of the superior court no later than 15 days preceding the date upon which such members are to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.

SECTION 6. Each member of the board shall be eligible to serve successive terms, shall have the right to resign at any time by giving written notice of such resignation to the appointing body and to the clerk of the superior court, and shall be subject to removal from the board by the appointing body at any time, for cause, after notice and hearing, in the same manner and by the same authority as provided for the removal of registrars. For the purposes of this section, the senior judge in time of service of the superior court shall be considered the "appointing body" for the chairperson and the Madison County Board of Commissioners shall be considered the "appointing body" of the other two members of the board.

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

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

SECTION 9. (a) The board shall be authorized to organize itself, determine its procedural rules and regulations, adopt bylaws, specify policies for the functions and duties of its employees and poll workers, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. Action and decision by the board shall be by a majority of the members of the board. The chairperson of the board shall have sole authority, within the policies established by the full board, over retention, termination, and discipline of employees, as

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well as training of poll workers in primaries and elections, such poll workers to be appointed by the chairperson. (b) The chairperson shall be authorized to employ such full-time and part-time employees, including poll workers, as may be deemed necessary by the chairperson and as approved in the annual budget adopted by the governing authority of Madison County. (c) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall have regular monthly meetings and shall meet not fewer than three times per year. Any specially called meeting shall be called by the chairperson or any two members of the board. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review.

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

SECTION 11. Compensation for the members of the board, clerical assistants, and other employees shall be fixed by the Board of Commissioners of Madison County. Such compensation shall be paid wholly from county funds.

SECTION 12. The chairperson of the board shall be the chief executive officer of the board and shall generally supervise, direct, and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction.

SECTION 13. The Board of Commissioners of Madison County shall provide the board with such proper and suitable offices, equipment, materials, and supplies and with such clerical assistance and other employees as the Board of Commissioners of Madison County shall deem appropriate.

SECTION 14. This Act shall become effective on July 1, 2013. On January 1, 2014, the superintendent of elections and the board of registrars 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 Madison County shall stand abolished. All

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elections conducted during 2013 shall be conducted by the superintendent of elections and the board of registrars.

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 2013 session of the General Assembly of Georgia a bill to create a board of elections and registration for Madison County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide 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, Alan Powell, who on oath deposes and says that he is the Representative from District 32 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Madison County Journal which is the official organ of Madison County on February 7, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ALAN POWELL Alan Powell Representative, District 32
Sworn to and subscribed before me, this 27th day of February, 2013.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia

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My Commission Expires January 23, 2015 (SEAL)

Approved April 30, 2013.

__________

CHARLTON COUNTY BOARD OF EDUCATION; COMPENSATION.

No. 105 (House Bill No. 508).

AN ACT

To amend an Act providing for the election of members of the Board of Education of Charlton County, approved April 17, 1975 (Ga. L. 1975, p. 3952), as amended, so as to change the provisions relating to the compensation of the members of the board; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for the election of members of the Board of Education of Charlton County, approved April 17, 1975 (Ga. L. 1975, p. 3952), as amended, is amended by revising Section 6 to read as follows:

"SECTION 6. The members of the board shall each be compensated up to $200.00 per month as determined by the board, and, in addition, each member shall receive $40.00 for each meeting or work session of the board attended by such member. Each member shall also receive for each day spent out of the county on official business of the board a daily expense allowance and mileage allowance equal in amount to the daily expense allowance and mileage allowance received by members of the General Assembly for service as members of interim committees of the General Assembly."

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 2013 session of the General Assembly of Georgia a bill to amend an Act providing for the election of members of the

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Board of Education of Charlton County, approved April 17, 1975 (Ga. L. 1975, p. 3952), as amended; and for other purposes.

Representative Ellis Black District 174

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ellis Black, who on oath deposes and says that he is the Representative from District 174 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Charlton County Herald which is the official organ of Charlton County on January 30, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ ELLIS BLACK Ellis Black Representative, District 174

Sworn to and subscribed before me, this 26th day of February 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 30, 2013.

__________

MACON-BIBB COUNTY REVISION OF CHARTER TO REFLECT DECISION OF THE CITY OF PAYNE CITY NOT TO BECOME PART OF CONSOLIDATED GOVERNMENT.

No. 106 (House Bill No. 514).

AN ACT

To amend an Act entitled "An Act to provide for the restructuring of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), so

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as to remove the City of Payne City from such consolidated charter to reflect the decision of electors of such city not to become a part of the consolidated government; to change provisions relative to initial budgets; to provide for the first 12 month budget; to provide for the terms of certain boards, commissions, and authorities; to provide for transition of membership and appointing authority; to provide for membership on the transition task force; to provide for a change in an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act entitled "An Act to provide for the restructuring of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), is amended by revising Section 1 as follows:

"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, such restructuring of the governments of the City of Macon 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 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 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 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,

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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 corporation known as the City of Macon 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, excluding the geographic area encompassed within the boundaries of the City of Payne City. 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. Said Act is further amended by revising Section 2 as follows:

"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 or Bibb County, or both 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

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necessary or 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 or the City of Macon, or both 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 or the City of Macon, or both collectively, the following terms as used in such laws shall be construed to include the restructured government: (1) 'City,' 'town,' 'municipal corporation,' or 'municipality' shall be construed to include 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) This charter and all ordinances and resolutions passed pursuant thereto; and (7) Existing ordinances and resolutions of the former City of Macon and existing ordinances and resolutions of the former Bibb County 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. Said Act is further amended by revising Section 3 as follows:

"SECTION 3. (a) Prior to the effective date of this charter, all powers vested in Bibb County or the City of Macon 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, and the offices of all members thereof shall stand abolished, and all emoluments appertaining thereto shall cease. Thereupon, the

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governments of Bibb County and the City of Macon shall terminate as such separate political entities and be merged into the government created by this charter. (b) When an agency of the City of Macon 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 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. Said Act is further amended by revising Section 4 as follows:

"SECTION 4. (a) All contracts, orders, leases, bonds, and other obligations or instruments entered into by the City of Macon or Bibb County or for their 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 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 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. Said Act is further amended by revising Section 5 as follows:

"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

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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 and Bibb County and to any general laws, local laws, or constitutional provisions applicable or effective within the former City of Macon 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 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. Said Act is further amended by revising subsections (a) and (d) of Section 9 as follows:
"(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'; provided, however, that such described districts shall not include the city limits of the City of Payne City." "(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; (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) At the time of their election, be citizens of the United States, shall be at least 21 years of age, have been a citizen of this state for at least two years, and have been a legal resident of the territory embraced within the commissioner district from which elected for at least one year; provided, however, that for purposes of qualifying for the initial elections under this charter, and for any subsequent newly described districts resulting from redistricting, a candidate must only be a resident of the commissioner district on the day of qualifying."

SECTION 7. Said Act is further amended by revising subsection (a) of Section 10 as follows:
"(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 commission of the City of Macon 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

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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 all elections for the mayor and the members of the commission shall be conducted pursuant to this charter."

SECTION 8. Said Act is further amended by revising Section 21 as follows:

"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 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 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. (c) 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 9. Said Act is further amended by revising Section 23 as follows:

"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 and Bibb County. The City of Macon and Bibb County shall adopt budgets for the period from July 1, 2013, and the date the consolidated government becomes effective. The finance departments of such entities shall develop a proposed budget for the consolidated government from the date such government is effective and the end of fiscal year 2014.
(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

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City of Macon and Bibb County, plus any funds required by accounting standards to be dissolved and made part of the general fund and any 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 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 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."

SECTION 10. Said Act is further amended by revising Section 24 as follows:

"SECTION 24. (a) 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

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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. (b) It is the purpose of this section that property shall be subject to taxation in relation to services received. (c) Within four years of the effective date of this charter, the restructured government shall adopt a service delivery plan."

SECTION 11. Said Act is further amended by revising Section 25 as follows:

"SECTION 25. (a) All employees and former employees of Bibb County 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 or the mayor and commission of the City of Macon. 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, 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, Bibb County, or of any agency of such former governments."

SECTION 12. Said Act is further amended by revising subsection (e) of Section 30 as follows:
"(e) Except as provided by this charter or prohibited by the general laws of this state, 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 shall serve out the term of office to which such members were 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.

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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."

SECTION 13. Said Act is further amended by revising subsections (a) and (c) of Section 31 as follows:
"(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 judgment upon the qualifications of applicants and candidates for promotion; provided, however, that eligible personnel of the city police department shall be covered by the Bibb County Police Civil Service System established by an Act approved March 5, 1955 (Ga. L. 1955, p. 682), as now or hereafter amended. 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." "(c) It is the intent of the General Assembly that as many employees of Bibb County and the City of Macon 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 14. Said Act is further amended by revising Section 33 as follows:

"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

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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) Where the enabling legislation or ordinance of a board, commission, retirement committee, or authority calls for a membership position or appointment authority for the mayor of the City of Macon, Chairperson of the Board of Commissioners of Bibb County, or the Board of commissioners of Bibb County, the term:
(1) 'Mayor of the City of Macon' shall be construed to refer to the mayor of Macon-Bibb County; (2) 'Chairperson of the Board of Commissioners of Bibb County' shall be construed to mean the mayor of Macon-Bibb County; (3) 'City Council of the City of Macon' and 'Board of Commissioners of Bibb County' shall be construed to refer to the Macon-Bibb County Commission; (4) 'City councilmember' shall be construed to refer to members of the Macon-Bibb County Commission; and (5) 'President of the Macon City Council' shall be construed to refer to the mayor pro tem of Macon-Bibb County. (c) Except as otherwise provided in this charter or applicable state law, 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 for original appointment, except as otherwise provided in this charter or by applicable state law. (d) Except as otherwise provided in this charter or applicable state law, 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) Except as otherwise provided in this charter or applicable state law, members of all boards, commissions, and authorities of the restructured government shall serve four-year 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) Except as otherwise provided in this charter or applicable state law, 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. (g) Except as otherwise provided in this charter or applicable state law, 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 15. Said Act is further amended in Section 34 by revising the introductory language as follows:

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"All officers, officials, and employees of the former City of Macon and Bibb County shall cooperate with and assist the commission, mayor, and other officers of Macon-Bibb County:"

SECTION 16. Said Act is further amended by revising Section 36 as follows:

"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 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 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 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 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 17. Said Act is further amended by revising paragraph (6) of subsection (a) and subsections (c) and (d) of Section 37 as follows:
"(6) The president of the Bibb County Chamber of Commerce or his or her designee;" "(c) All officers, officials, including elected officials, and employees of Bibb County and the City of Macon 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 and the City of Macon and all officers, officials, and employees and departments thereof. Bibb County and the City of Macon 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

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City of Macon 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."

SECTION 18. Said Act is further amended by revising subsection (b) of Section 41 as follows:
"(b) Except as provided in Section 39 of this Act, the remaining provisions of this Act shall become effective on January 1, 2014."

SECTION 19. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to provide for the restructuring of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p.5595), so as to change provisions relative to initial budgets; to provide for the first 12 month budget; to provide for the terms of certain boards, commissions, and authorities; to provide for transition of membership and appointing authority; to provide for membership on the transition task force; to provide for a change in an effective date; and for other purposes.
Representative Nikki Randall District 142
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 142 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 7, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ NIKKI RANDALL Nikki Randall Representative, District 142

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Sworn to and subscribed before me, this 12th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 30, 2013.

__________

CITY OF STATESBORO HOTEL/MOTEL TAX.

No. 107 (House Bill No. 525).

AN ACT

To authorize the governing authority of the City of Statesboro to increase the excise tax levied 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 subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of the City of Statesboro is authorized to levy an excise tax at a rate not to exceed 6 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.

SECTION 2. The enactment of this Act is subsequent to the adoption of Resolution No. 2013-02 (Revised) of the governing authority of the City of Statesboro on February 6, 2013, 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 Resolution No. 2013-02 (Revised):
(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 exceeds 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 Statesboro or by such other entity authorized to administer and expend the proceeds of such tax under an existing contract authorized by paragraph (2) of subsection (e) of Code Section 48-13-51 of the O.C.G.A; and (2) The remaining amount of taxes collected that exceeds the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Statesboro to increase the excise tax levied pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jan Tankersley, who on oath deposes and says that she 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 Statesboro Herald which is the official organ of Bulloch County on February 24, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JAN TANKERSLEY Jan Tankersley Representative, District 160

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Sworn to and subscribed before me, this 25th day of February 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 30, 2013.

__________

NORTH FULTON REGIONAL RADIO SYSTEM AUTHORITY CREATION.

No. 108 (House Bill No. 526).

AN ACT

To create the North Fulton Regional Radio System Authority; to provide a short title; to provide a declaration of need; to provide for membership of the authority; to provide for a quorum and voting; to define certain terms; to provide for the powers of the authority; to provide that indebtedness of the authority shall not constitute debt to the establishing local governments; to provide for venue of actions relating to any provisions of this Act; to provide for the purpose of the authority; to provide that the authority may establish rates and collect revenues for services; to provide for rules, regulations, and policies; to provide for tort immunity; to provide for exemptions from certain taxes; 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 "North Fulton Regional Radio System Authority Act."

SECTION 2. Declaration of need.

It is declared that there exists a need for a North Fulton Regional Radio System Authority to function without profit in developing and promoting for the public good certain

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communication facilities and services in order to provide an interoperable, high quality, and reliable and uninterrupted communication signal for public safety and public services and for the other purposes expressed in this Act.

SECTION 3. North Fulton Regional Radio System Authority.

(a) There is hereby created a public body corporate and politic to be known as the "North Fulton Regional Radio System Authority," which shall be deemed to be a political subdivision of the state and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) The authority shall consist of four members, to include the following: (1) the city manager of the City of Sandy Springs, Georgia, or his or her designee; (2) the city manager of the City of Milton, Georgia, or his or her designee; (3) the city administrator of the City of Alpharetta, Georgia, or his or her designee; (4) and the city administrator of the City of Roswell, Georgia, or his or her designee. Additional members who are city managers or city administrators of other municipalities, or their designees, may be added to the authority by unanimous agreement of the existing members, subject to such additional municipalities paying a share of capital investment as approved by the existing members, in which event such additional municipalities shall be included within the area in which the authority has operational capability. To be eligible to serve as a member of the authority, a person shall be at least 21 years of age, shall have been a resident of this state for at least 12 months prior to the date of his or her appointment and shall continue such residency during his or her term of office, and shall not have been convicted of a felony. (c) The authority may provide by resolution for compensation for the services of the members of the authority in such amounts as it may deem appropriate; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (d) The members of the authority shall elect one of their number as chairperson and another as vice chairperson. The chairperson shall preside over the regular and special meetings of the authority. In the event that the chairperson is not in attendance, the vice chairperson shall preside. The members of the authority shall also elect a secretary, and may also elect a treasurer, who need not be members of the authority. The secretary and treasurer shall not be the chairperson or vice chairperson. The secretary may also serve as treasurer. If either the secretary or the 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. (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

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of the duties of the authority. Any action which requires approval of the authority shall be by majority vote of those members present, provided that a quorum is present. In the event of a tie vote, the vote of each member who cast a vote on the question shall be weighted according to the share of total capital investment made in the authority by the municipality such member represents as compared to the total capital investment made by all municipalities represented by members of the authority, and the votes as so weighted shall be recalculated accordingly to determine the approval or failure of the motion.

SECTION 4. Definitions.

As used in this Act, the term: (1) "Authority" means the North Fulton Regional Radio System Authority created by this Act. (2) "Capital investment" means the amount of funds contributed to the purchasing and installation of start-up equipment for the authority. (3) "Costs of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for six months after completion of construction; the cost of engineering, architectural, fiscal agents' and legal expenses, plans and specifications, licensing fees and costs, and other expenses necessary or incidental to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing herein authorized; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (4) "County" means any county created under the Constitution or laws of this state. (5) "Establishing local governments" shall mean the mayors and councils of the Cities of Alpharetta, Milton, Roswell, and Sandy Springs, Georgia. (6) "Local government" or "local governing authority" means any municipal corporation or county or any state or local authority, board, or political subdivision created by the General Assembly or pursuant to the Constitution and laws of this state. (7) "Obligation" means any indebtedness, including, without limitation, any note, lease, contract, or other evidence of indebtedness. (8) "Project" means the acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, 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, all for the essential public purpose of providing facilities and services permitted by the obligation to meet needs and standards for radio communication for public

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safety and public services within the area of operational capability of the authority and to aid in the accomplishment of the purposes of the authority. (9) "State" means the State of Georgia.

SECTION 5. Powers.

The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, or otherwise and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes, to use the same so long as its corporate existence shall continue, to lease or make contracts with respect to the use of the same, or to dispose of the same in any manner it deems to the best advantage of the authority; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their compensations; (5) To execute contracts, leases, installment sale agreements, and other agreements and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance of a project; and any and all persons, firms and corporations, local governments, and any other political subdivision of the state located within the operational area of the authority are hereby authorized to enter into contracts, leases, installment sale agreements, and other agreements or instruments with the authority upon such terms and for such purposes as they deem advisable and as they are authorized by law; (6) To acquire, construct, add to, extend, improve, equip, hold, operate, maintain, lease, and dispose of projects; (7) To pay the costs of the project with the proceeds of any grant or contribution from the United States of America or any agency or instrumentality thereof or from the state or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever; (8) To finance projects and facilities of the authority for the furtherance of the purposes of the authority within the geographic area over which the authority has operational capability by loan, loan guarantee, grant, lease, or otherwise and to pay the cost of such from any funds of the authority or from any contributions or loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the authority is authorized to receive, accept, and use. The authority shall be deemed to have operational capability within the geographic boundaries of each establishing local

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government as well as within the geographic boundaries of any local government that subsequently becomes a member of the authority or contracts for services with the authority; (9) To sell or pledge any obligation acquired by it whenever it is determined by the authority that the sale thereof is desirable; (10) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (11) To accept loans and grants of money or materials or property of any kind from the state or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the state or such agency or instrumentality or political subdivision may require; (12) To borrow money for any of its corporate purposes and to provide for the payment of the same and for the rights of the holders thereof; (13) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness; and (14) To do all things necessary or convenient to carry out the powers expressly given in this Act.

SECTION 6. Credit not pledged.

Obligations of the authority shall not be deemed to constitute a debt of the establishing local governments nor a pledge of the faith and credit of said establishing local governments. The issuance of such obligations shall not directly, indirectly, or contingently obligate said establishing local governments to levy or to pledge any form of taxation whatsoever for payment of such obligations or to make any appropriation for their payment, and all such obligations 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 obligations in consideration for services or facilities of the authority.

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SECTION 7. Venue.

Any action to protect or enforce any rights under the provisions of this Act or any suit or action against the authority shall be brought in the Superior Court of Fulton County, Georgia.

SECTION 8. Moneys received considered trust funds.

All moneys received pursuant to the authority of this Act, whether 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 9. Purpose of the authority.

Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of providing for the development of a regional communication system for public safety and public service use to guarantee interoperability, high quality, and reliable and uninterrupted communication signals through facilities, equipment, and services for the establishing local governments by contract, including other persons, entities, and local governments who may hereinafter contract and agree for services from the authority. The general purposes of the authority shall not restrict the authority from developing and servicing any persons, entities, or local governments who may contract for the authority to develop communication services or facilities, or both, in other areas where operational capacity is deemed necessary or desirable.

SECTION 10. Rates, charges, and revenues; use.

The authority is hereby 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 incur indebtedness as herein provided to finance, in whole or in part, the costs of the project.

SECTION 11. 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 constructed or acquired under the provisions of this Act. The authority may adopt bylaws.

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SECTION 12. Tort immunity.

To the extent otherwise permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as a political subdivision of the state; and the officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of a political subdivision of the state when in the performance of their public duties or work for a political subdivision of this state.

SECTION 13. Tax-exempt status of authority.

The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the state and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from taxes and special assessments of the state or any political subdivision thereof to the extent allowed by general law.

SECTION 14. Effect on other governments.

This Act shall not and does not in any way take from the establishing local governments or any political subdivision of the state the authority to own, operate, and maintain public facilities or to issue obligations.

SECTION 15. Liberal construction of Act.

This Act, being for the welfare of various political subdivisions of the state and their inhabitants, shall be liberally construed to effect the purposes hereof.

SECTION 16. Effective date.

This Act shall become effective on July 1, 2013.

SECTION 17. Repealer.

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

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to create the North Fulton Regional Radio System Authority; to repeal conflicting laws; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wendell Willard, who on oath deposes and says that he is the Representative from District 51 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, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ WENDELL WILLARD Wendell Willard Representative, District 51

Sworn to and subscribed before me, this 4th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 30, 2013.

__________

CITY OF CORDELE HOTEL/MOTEL TAX.

No. 109 (House Bill No. 529).

AN ACT

To authorize the governing authority of the City of Cordele to increase the excise tax levied 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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of the City of Cordele is authorized to levy an excise tax at a rate not to exceed 6 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.

SECTION 2. The enactment of this Act is subsequent to the adoption of Resolution R-13-01 of the governing authority of the City of Cordele on December 18, 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 Resolution 2010-40:
(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 Cordele or by such other entity authorized to administer and expend the proceeds of such tax under an existing contract authorized by paragraph (2) of subsection (e) of Code Section 48-13-51 of the O.C.G.A; and (2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Cordele to increase the excise tax levied pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; and for other purposes.

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/s/ Representative Buddy Harden District 148

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Buddy Harden, 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 Cordele Dispatch which is the official organ of Crisp County on February 24, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BUDDY HARDEN Buddy Harden Representative, District 148

Sworn to and subscribed before me, this 4th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 30, 2013.

__________

CITY OF TIFTON HOMESTEAD EXEMPTION; SENIOR CITIZENS; CITY TAXES; REVISE AMOUNT; REFERENDUM.

No. 110 (House Bill No. 534).

AN ACT

To amend an Act providing for homestead exemptions from ad valorem taxes for city purposes for certain residents of the City of Tifton, approved March 30, 1993 (Ga. L. 1993, p. 4278), so as to change the amount of the homestead exemption for residents aged 65 or older; 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 providing for homestead exemptions from ad valorem taxes for city purposes for certain residents of the City of Tifton, approved March 30, 1993 (Ga. L. 1993, p. 4278), is amended by revising Section 3 as follows:

"Section 3. (a) Each resident of the City of Tifton who is 65 years of age of older is granted an exemption on that person's homestead from all City of Tifton ad valorem taxes for city purposes in the amount of $35,000.00 of the assessed value of that homestead. The exemption granted by this section shall be in lieu of all other homestead exemptions granted. (b) A person shall not receive the homestead exemption granted by subsection (a) of this section unless that person or the person's agent files an affidavit with the governing authority of the City of Tifton giving the person's age and such additional information relative to receiving such exemption as will enable the governing authority to make a determination as to whether such owner is entitled to such exemption. The governing authority shall provide affidavit forms for such purpose."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Tifton shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Tifton for approval or rejection. The municipal election superintendent shall conduct that election on November 5, 2013, the date of the 2013 regular city 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 Tift County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides a homestead exemption from City of Tifton ad valorem taxes in the amount of $35,000.00 of the assessed
( ) NO value of the homestead for residents of that city aged 65 or older?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of 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, 2014. 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 Tifton. It shall be the municipal 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 2013 session of the General Assembly of Georgia a bill to amend an Act providing for homestead exemptions from ad valorem taxes for city purposes for certain residents of the City of Tifton, approved March 30, 1993 (Ga. L. 1993, p. 4278); 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 Tifton Gazette which is the official organ of Tift County on March 2, 2013, 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 4th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 30, 2013.

__________

3970

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

RABUN COUNTY RABUN COUNTY CONVENTION AND VISITORS BUREAU AUTHORITY; MEMBERSHIP; BUDGET SCHEDULE.

No. 111 (House Bill No. 535).

AN ACT

To amend an Act to create the Rabun County Convention and Visitors Bureau Authority, approved May 6, 2005 (Ga. L. 2005, p. 3878), so as to revise the composition of the board of directors; to revise the budget schedule; 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 Rabun County Convention and Visitors Bureau Authority, approved May 6, 2005 (Ga. L. 2005, p. 3878), is amended by revising subsection (b) of Section 4 as follows:
"(b) Beginning in January 2015, the board of directors shall consist of a minimum of 11 members and a maximum of 13 members. This number shall be achieved through attrition as the terms of the present members of the board expire in 2013 and 2014. Directors shall be nominated by a nominating committee appointed in October of each year by the chairperson of the board. The nominating committee shall present a slate of nominees to the board at the January meeting of the board. The board shall then vote on the slate of nominees at the January meeting. The nominating committee shall strive to select nominees actively involved in the travel and tourism industry. Directors shall be elected to two-year terms of office. Any director may resign at any time by filing a written notice of resignation with the chairperson of the board. Directors may be removed for cause by a majority vote of the directors of the authority. Directors should be representatives of any of the following tourism related bodies:
(1) Rabun County resort properties; (2) Rabun County motel industry; (3) Rabun County bed and breakfast industry; (4) Clayton merchants; (5) Dillard merchants; (6) State or federal government, such as Georgia State Parks or United States Forest Service; (7) Outdoor recreation industry; (8) Agricultural tourism industry; (9) Environmental or conservation groups; (10) Rabun County restaurants, including at least one major restaurant;

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(11) Rabun County utility providers, such as Georgia Power; (12) Rabun County banking industry; (13) Rabun County realtors; (14) Rabun County property rental companies; and (15) At-large members. Any Rabun County city providing a minimum of 25 percent of its hotel and motel tax receipts to fund the authority may nominate a representative."

SECTION 2. Said act is further amended by revising subsection (b) of Section 8 as follows:
"(b) On or before October 1 of each year, the authority shall receive its accounting report for the prior year verified by a board approved accredited third party. Not later than the regular January board meeting, the chairperson of the board shall appoint one director of the authority to confer jointly with the administrators or mayor of each city that collects hotel and motel taxes and with the county administrator and to act as liaison with regard to a proposed budget for the authority for the ensuing year. Such persons shall annually be known as the Budget Committee. The Budget Committee shall produce a proposed budget for approval by the board and submission, by March 1 of each year, to the mayors and councils of the cities that collect hotel and motel taxes and to the county board of commissioners. If the Budget Committee does not unanimously present a proposed budget for approval and submission, then the board shall submit a continuation budget not greater than the total approved budget for the current year. The continuation budget shall include any upward or downward adjustment necessary to meet all debt service requirements. If either the cities or county, or both, shall fail or refuse to approve the budget as submitted by the board by June 30, then the continuation budget, as set forth above, shall become automatically effective in order to ensure operational continuity of the authority. Commencing Fiscal Year 2005, the cities and county shall each be required to provide funding to the authority as provided in paragraph (5.3) of Code Section 48-13-51 of the O.C.G.A. The continuation budget as set forth above shall remain in effect until the next budget cycle. In the event of a failure to reach budget agreement at that time or in subsequent years, then a percentage increase shall automatically apply to all line items of the budget equivalent to the percentage increase for the relevant time period as determined by the Blue Book CPI index for all consumer goods."

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 2013 session of the General Assembly of Georgia a bill to amend an Act to create the Rabun County Convention and

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Visitor Bureau Authority, approved May 6, 2005 (Ga. L. 2005, p. 3878), so as to revise the composition of the board of directors; to revise the budget schedule, to provide for related matters; to repeal conflicting laws; and for other purposes.

Representative Stephen Allison, District 8.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Stephen Allison, who on oath deposes and says that he is the Representative from District 8 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Clayton Tribune which is the official organ of Rabun County on January 24, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ STEPHEN ALLISON Stephen Allison Representative, District 8

Sworn to and subscribed before me, this 4th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 30, 2013.

__________

CITY OF HAGAN CITY COUNCIL; REDISTRICTING.

No. 112 (House Bill No. 542).

AN ACT

To amend an Act to provide a new charter for the City of Hagan, approved April 5, 1995 (Ga. L. 1995, p. 4296), 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

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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 Hagan, approved April 5, 1995 (Ga. L. 1995, p. 4296), as amended, is amended by adding new subsections to Section 5.11 to read as follows:
"(c) For the purpose of electing councilmembers, the City of Hagan shall be divided into two districts. Those districts 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: cityof hagan-2013 Plan Type: Local Administrator: Hagan User: bak'. (d) 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. (e) Any part of the City of Hagan 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. (f) Any part of the City of Hagan 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."

SECTION 2. (a) Those members of the city council of the City of Hagan 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.

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(b) Council Districts 1 and 2, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Council Districts 1 and 2, but as newly described under this Act, and on and after the effective date of this Act, such members of the city council serving from those former council districts shall be deemed to be serving from and representing their respective districts as newly described under this Act.

SECTION 3. The governing authority of the City of Hagan 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: cityofhagan-2013 Plan Type: Local Administrator: Hagan User: bak

District 001 Evans County VTD: 1092 - HAGAN CITY HALL 970200: 2011 2012 2079 2080 2081 2082 2083 2085 2086 2087 2088 2097 3003 3004 3005 3006 3007 3008 3009 3011 3012 3013 3014 3021 3023 3032 3033 3034 3039 3040 3041 3042 3043 4096 4177 4178 4179 4180 VTD: 1096 - EVANS CO CTHOUSE 970200: 1039 1051 1059 1060 1061 2013 2014

District 002 Evans County VTD: 1092 - HAGAN CITY HALL 970200: 3000 3001 3002 3010 3015 3016 3017 3018 4072 4073 4094 4095 4097 4098 4181 4182 VTD: 1096 - EVANS CO CTHOUSE 970200: 1052 1053 1054 1055 1058 1062 1068 1069 1070 2015 4014 4016

GEORGIA LAWS 2013 SESSION
4019 4020 4031 4035 4064 4065 4066 4067 4068 4069 4070 4071 4076 4184

3975

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia, a bill to amend an Act to provide a new charter for the City of Hagan, approved April 5, 1995 (Ga. L. 1995, p. 4296), 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; and for other purposes.

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 157 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Claxton Enterprise which is the official organ of Evans County on February 27, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DELVIS DUTTON Delvis Dutton Representative, District 157

Sworn to and subscribed before me, this 4th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 30, 2013.

__________

3976

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CHEROKEE COUNTY BOARD OF COMMISSIONERS; DISTRICT RESIDENCY.

No. 113 (House Bill No. 544).

AN ACT

To amend an Act creating the office of commissioner of Cherokee County, approved August 9, 1915 (Ga. L. 1915, p. 177), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4295), so as to provide that candidates for the board of commissioners shall have resided within the respective district from which they seek election for a period of at least 12 months immediately preceding their election; to provide for related matters; to provide 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 the office of commissioner of Cherokee County, approved August 9, 1915 (Ga. L. 1915, p. 177), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4295), is amended by revising subsection (g) of Section 2 as follows:
"(g) Members of the commission, other than the chairperson, shall be citizens of this state who have attained the age of 21 years and who have been residents of their respective commissioner districts for not less than 12 months immediately preceding their election and shall hold no other elective public office."

SECTION 2. This Act shall become effective on July 1, 2013, provided that the General Assembly passes legislation during the 2013 session amending Code Section 45-2-1 of the Official Code of Georgia Annotated authorizing the imposition by local law of district residency requirements for county officers. Otherwise, this Act shall be repealed by operation of law on 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 2013 session of the General Assembly of Georgia a bill to amend an Act creating the office of commissioner of Cherokee County, approved August 9, 1915 (Ga. L. 1915, p. 177), as amended, particularly by an Act

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approved March 30, 1989 (Ga. L. 1989, p. 4295), so as to provide that candidates for the board of commissioners shall have resided within the respective district from which they seek election for a period of at least 12 months immediately preceding their election; to provide for related matters; to provide contingent effective dates; and for other purposes.

Representative Scot Turner District 21

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Scot Turner, 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, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ SCOT TURNER Scot Turner Representative, District 21

Sworn to and subscribed before me, this 4th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 30, 2013.

__________

CITY OF SMYRNA CITY COUNCIL; REDISTRICTING.

No. 114 (House Bill No. 548).

AN ACT

To amend an Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended, particularly by an Act approved March 31, 1965

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(Ga. L. 1965, p. 3023), so as to change the description of the wards; 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 creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended, particularly by an Act approved March 31, 1965 (Ga. L. 1965, p. 3023), is amended by revising Section 6-A as follows:

"SECTION 6-A. (a)(1) For the purpose of electing members of the council, the City of Smyrna shall be divided into seven wards which 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: smyrnacc-2013 Plan Type: Local Administrator: Smyrna User: Gina'. In the event that any territory is hereafter annexed to the corporate limits of the City of Smyrna, it shall be added to the ward to which it is contiguous; provided, however, that, if such territory is contiguous to two or more wards, such territory shall be apportioned equitably by the mayor and council to such contiguous wards. (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 City of Smyrna which is not included in any district described in paragraph (1) of this subsection 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 City of Smyrna which is described in paragraph (1) of this subsection 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

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

SECTION 2. Said Act is further amended by striking Section 6(c) in its entirety.

SECTION 3. (a) Those members of the City Council of the City of Smyrna 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) Wards 1, 2, 3, 4, 5, 6, and 7, as they existed immediately prior to the effective date of this Act, shall continue to be designated as Wards 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 council serving from those former wards shall be deemed to be serving from and representing their respective wards as newly described under this Act.

SECTION 4. The governing authority of the City of Smyrna 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 5. All laws and parts of laws in conflict with this Act are repealed.

Plan: smyrnacc-2013 Plan Type: Local Administrator: Smyrna User: Gina

District 001 Cobb County VTD: 067SN1A - SMYRNA 1A VTD: 067SN2A - SMYRNA 2A 031208: 1016

District 002 Cobb County VTD: 067DI01 - DOBBINS 01

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031108: 3013 3015 3030 3032 3033 3034 VTD: 067SN2A - SMYRNA 2A 031111: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 2000 2002 2003 2004 2005 2006 2007 2009 2010 2011 2023 031114: 2019 2020 2021 2022 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 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 3023 3024 3031 031114: 1000 2003 2004 2006 2007 2008 2010 2011 2012 2013 2014 2015 2016 2017 2018 VTD: 067SN3A - SMYRNA 3A 031111: 2001 2008 2012 2017 2018 2022

District 003 Cobb County VTD: 067SN2B - SMYRNA 2B 031108: 3022 3035 4004 4008 VTD: 067SN3A - SMYRNA 3A 031001: 2081 2082 031101: 1019 1020 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 031108: 1003 1005 1006 1008 1010 1014 1016 1017 1018 1022 1023 1025 1026 1027 1028 1030 1031 1032 1034 1037 1040 1042 1044 1045 1046 1048 1049 2000 2001 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 3026 3027 3028 3029 4000 4001 4002 4003 4007 4009 4010 4012 4013 4016 4017 4020 4021 4022 4024

GEORGIA LAWS 2013 SESSION
031110: 1000 1001 1002 1003 1004 1010 1011 1012 1013 1014 1015 1019 1020 1021 031111: 1025 2013 2014 2015 2016 2019 2020 2021 VTD: 067SN4A - SMYRNA 4A 031110: 1022 1023 1024 1025 1026 1027 1028 2001 2002 2003 2004 2005 2006 2007 2008 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 031112: 1016 031115: 2000 2001 2003 2004 2005 2035 2036 2039 2045 2050 2051 031117: 2000 2001 031118: 1000 1001 1007 1010 1011 1012 1013 1014 1015 1016 1017 1018 1024 3000 3001 3002 3003 3011 VTD: 067SN7C - SMYRNA 7C 031117: 1000 1007 1010 1011 1013 1015 2002
District 004 Cobb County VTD: 067SN4A - SMYRNA 4A 031118: 1003 1004 1005 1006 1019 1020 1021 1022 1023 1027 1030 1031 1035 2000 2001 2002 2003 3004 3005 3006 3007 3008 3009 3010 3012 3013 3014 3015 031206: 1000 1001 VTD: 067SN7A - SMYRNA 7A 031117: 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 031118: 2012 2013 2014 2015 2016 2017 2018 2020 2021 2022 2023 2031 031307: 3006

3981

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VTD: 067SN7B - SMYRNA 7B 031118: 2008 2009 2010 031206: 1051 1053 VTD: 067SN7C - SMYRNA 7C 031117: 1020 1022 1023 1024 2003 2004 2005 2006 2007 031118: 1025 1026 1028 1029 1032 1033 1034 3017 3018

District 005 Cobb County VTD: 067SN5A - SMYRNA 5A

District 006 Cobb County VTD: 067SN4A - SMYRNA 4A 031110: 2000 2009 2010 2011 2012 2013 031112: 1000 1001 1002 1005 1006 1007 3025 3026 VTD: 067SN6A - SMYRNA 6A

District 007 Cobb County VTD: 067SN7A - SMYRNA 7A 031307: 3000 3001 3002 3003 3004 3034 3060 VTD: 067SN7B - SMYRNA 7B 031118: 2025 2026 031206: 1022 1023 1030 1031 1032 1033 1034 1035 1039 1041 1042 1043 1045 1054 1055 1057 1058 1059 1060 1061 1062 1063 1064 1066 1067 1069 1070 1071 1072 1073 1076 1077 1078 1079 1081 1083 1084 1085 1086 1087 1088 1089 1090 1091 1093 1094 1095 1096 2005 2006 2007 2008 2009 2010 2011 2015 3043 3046 3047 3048 3054 3055 3058 3061 3064 3065 3066 3067 3074 3077 3085 3086 3087 3088 3089 3091 3092 3100 3101

GEORGIA LAWS 2013 SESSION
031307: 1001 1002 1004 1005 1007 1008 1009 1011 1013 1014 1015 1016 1017 1022 1026 3035 3036 3038 3039 3041 3042 3043 3045 3047 3056 3059 031313: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1017 1018 1019 1021 1022 1023 1027 1034 2005 2012 2018 2022 2023 2039 2048 2053 2054 2058 2059 2061 2063 2067 2073 2080 2088

3983

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended, particularly by an Act approved March 31, 1965 (Ga. L. 1965, p. 3023), so as to change the description of the wards; 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.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rich Golick, who on oath deposes and says that he is the Representative from District 40 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on March 1, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ RICH GOLICK Rich Golick Representative, District 40
Sworn to and subscribed before me, this 5th day of March, 2013.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

My Commission Expires January 23, 2015 (SEAL)

Approved April 30, 2013.

__________

APPLING COUNTY BOARD OF ELECTIONS; CREATION.

No. 115 (House Bill No. 552).

AN ACT

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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

SECTION 2. As used in this Act, the terms "election,""primary," and "public office" shall have the same meaning as set forth in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," unless otherwise clearly apparent from the text of this Act; "commissioners" means the Board of Commissioners of Appling County; and "county" means Appling County.

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SECTION 3. (a) The board shall be composed of six members who shall be appointed as provided in this section. (b) One member of the board shall be selected by the chairperson of the Board of Commissioners of Appling County, and one member of the board shall be selected by each commissioner of the Board of Commissioners of Appling County. (c) All appointments to the board shall be promptly certified by the appointing authority of the county to the clerk of the Superior Court of Appling County. (d) The initial appointees to the board shall take office on July 1, 2013, to serve terms of office of four years beginning July 1, 2013, and until their respective successors are duly appointed and qualified. Thereafter, all successors to such members shall be appointed to serve four-year terms of office and until their respective successors are appointed and qualified. (e) The members of the board shall elect one of their number to serve as chairperson of the board. Such chairperson shall preside over all meetings of the board and shall be entitled to vote on all matters coming before the board.

SECTION 4. Each member of the board shall:
(1) Be eligible to be reappointed to succeed such member; (2) Have the right to resign at any time by giving written notice of such resignation to the governing authority of the county and to the clerk of the superior court; and (3) Serve until his or her successor is appointed and qualified.

SECTION 5. (a) The appointing authority shall certify the appointment of each member of the board by filing an affidavit with the clerk of the superior court no later than 30 days preceding the date upon which such members are to take office, stating the name and residential address of the person appointed and certifying such member has been duly appointed as provided in this Act. (b) The clerk of the superior court shall record each of such certifications on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.

SECTION 6. In the event a vacancy occurs in the office of any member before the expiration of his or her term, by removal, death, resignation, or otherwise, the appointing authority which is required under Section 3 of this Act to make the appointment to the office upon the expiration of the term shall appoint a successor to serve the remainder of the unexpired term as provided for in Section 3 of this Act. The clerk of the superior court shall be notified of such interim

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

appointments and record and certify such appointments in the same manner as the regular appointment of members.

SECTION 7. Before entering upon the member's duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.

SECTION 8. (a) No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective office, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office. (b) Members of the board shall be residents of the county and shall have been registered voters in the county for a period of at least one year prior to the date of appointment to the board.

SECTION 9. 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 such municipality or governmental authority. The full costs of any such election shall be paid for by the requesting municipality or governmental authority along with a fee established by the board to offset operational costs of the office of the board.

SECTION 10. (a) The board shall be authorized and empowered to organize itself, elect from among its members a vice chairperson, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of its affairs; provided, however, that no such action shall conflict with state law. (b) Action and decision by the board shall be by a majority of the members of the board.

SECTION 11. (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 its office 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 public notice of the meeting is given 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.

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SECTION 12. Compensation for the members of the board shall be fixed by the commissioners. All amounts payable under this section shall be paid from the funds of the county.

SECTION 13. (a) The board may employ, subject to funding by the commissioners, clerical assistants as needed to efficiently carry out the duties and functions of the board on either an independent contract basis or as county employees entitled to all benefits as other county employees, to be determined by the commissioners. The compensation of all clerical assistants shall be established by the commissioners in the same manner as for other county employees. Any such assistants shall be at-will employees of the commissioners. (b) The commissioners shall provide suitable offices and equipment and funding sufficient to employ the staff and other employees of the board as may be necessary.

SECTION 14. The board shall be responsible for the selection, appointment, and training of poll workers.

SECTION 15. The commissioners shall cause, through its legal counsel, this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, within 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 16. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of making initial appointments to the board only. This Act shall become fully effective on July 1, 2013. Upon this Act becoming fully effective or upon such later date determined by the commissioners, the superintendent of elections of the county shall be relieved of all powers and duties to which the board succeeds by the provisions of this Act and shall deliver to the board all equipment, supplies, materials, books, papers, records, and facilities pertaining to such powers and duties. Nothing contained herein is intended to prevent the appointment of members of the board, the hiring of clerical staff, or any necessary training for the members of the board and clerical assistants.

SECTION 17. All laws and parts of laws in conflict with this Act are repealed.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to enact a Board of Elections and Registration for Appling County.

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 156 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 February 13, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GREG MORRIS Greg Morris Representative, District 156

Sworn to and subscribed before me, this 5th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 30, 2013.

__________

MONTGOMERY COUNTY COUNTY MANAGER; APPOINTMENT, POWERS, AND DUTIES.

No. 116 (House Bill No. 553).

AN ACT

To amend an Act repealing an Act creating a Board of Commissioners of Roads and Revenues for Montgomery County and creating a new board of commissioners, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), as amended, so as to provide for

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appointment of a county manager and the powers and duties thereof; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act repealing an Act creating a Board of Commissioners of Roads and Revenues for Montgomery County and creating a new board of commissioners, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), as amended, is amended by adding a new section to read as follows:

"SECTION 11A. (a) Pursuant to Code Section 36-5-22 of the O.C.G.A., there is created the office of county manager for Montgomery County, who shall have the powers and duties conferred as provided by this Act. The county manager shall be appointed by the board of commissioners and shall serve at the direction, supervision, and pleasure of the board of commissioners. Any person appointed as county manager shall possess such qualifications as determined by the board of commissioners and shall receive such compensation, expenses, and benefits as fixed by the board. Except as provided in this section, no member of the board shall be appointed county manager or acting county manager while serving a term of office. In the event of the death, removal, dismissal, or termination of the county manager and pending the selection of a replacement for the county manager, the chairperson of the board may, if approved in accordance with subsection (e) of this section, assume the powers and carry out the duties of the county manager. (b) The county manager shall have the following powers and duties, which shall be further detailed in a job description to be approved by the board consistent with this section:
(1) To be a nonvoting participant in all board meetings of the board of commissioners; (2) Except as to those powers specifically reserved and granted to the chairperson and the board of commissioners by this Act, to supervise, direct, and control the day-to-day activities and business operations of the county government; (3) To carry out, execute, and enforce the ordinances, policies, rules, and regulations of the board when such ordinances, policies, rules, and regulations become effective; and (4) To hire, supervise, and fire all employees under the jurisdiction of the board of commissioners, with the exception that the county manager shall recommend the hiring and firing of any department director to the board for an official action by the board. (c) Members of the board shall deal solely through the county manager in all matters concerning the operation, supervision, and administration of the various departments, offices, and agencies of the county government. No member of the board shall directly or indirectly order, instruct, or otherwise attempt to control the actions of county personnel subject to the administrative and supervisory control of the county manager. (d) The county manager may be removed by official action of the board of commissioners.

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(e) The board of commissioners may designate a qualified individual to act as temporary county manager in the extended absence of more than 30 days of the county manager or if the county manager is removed pursuant to 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 2013 session of the General Assembly of Georgia a bill to amend an act repealing an Act creating a Board of Commissioners of Roads and Revenues for Montgomery County and creating a new board of commissioners, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), as amended; and for other purposes.

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 156 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Montgomery Monitor which is the official organ of Montgomery County on February 27, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GREG MORRIS Greg Morris Representative, District 156

Sworn to and subscribed before me, this 5th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 30, 2013.

__________

GEORGIA LAWS 2013 SESSION

3991

CITY OF DANIELSVILLE MAYOR AND COUNCIL; STAGGERED, FOUR-YEAR TERMS OF OFFICE; CITY CLERK MAY SERVE AS CITY TREASURER; MUNICIPAL JUDGE MUST BE LICENSED ATTORNEY; VACATION OF CERTAIN OFFICES.

No. 117 (House Bill No. 557).

AN ACT

To amend an Act to provide a new charter for the City of Danielsville, approved March 27, 1998 (Ga. L. 1998, p. 3632), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3714), so as to provide for staggered, four-year terms for the mayor and council; to provide that the city clerk may serve as the city treasurer; to provide that the municipal judge shall be a licensed attorney; to provide that the office of elected officials of the city shall be vacated under certain circumstances; to provide for related matters; to provide for submission 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 to provide a new charter for the City of Danielsville, approved March 27, 1998 (Ga. L. 1998, p. 3632), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3714), is amended by revising Section 2.11 as follows:

"SECTION 2.11. City council terms and qualifications for office.

(a) The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for six months prior to the date of the election of mayor or members of the city council; each shall continue to reside therein during that person's period of service and be registered and qualified to vote in municipal elections of this city. (b) All candidates shall be elected at large."

SECTION 2. Said Act is further amended by revising Section 2.27 as follows:

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"SECTION 2.27. Election of mayor; forfeiture; compensation.

The mayor shall be elected and serve for a term of four years and until the mayor's successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of this city immediately preceding the election. The mayor shall continue to reside in this city during the period of the mayor's service. The mayor shall forfeit the office of mayor on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers."

SECTION 3. Said Act is further amended by revising Section 3.13 as follows:

"SECTION 3.13. City clerk.

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

SECTION 4. Said Act is further amended by revising Section 3.14 as follows:

"SECTION 3.14. City treasurer.

The city council shall appoint a city treasurer, who may be the city clerk, 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 the State of Georgia relating to the collection of delinquent taxes and the sale or foreclosure for nonpayment of taxes by the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer."

SECTION 5. Said Act is further amended by revising subsection (b) of Section 4.11 as follows:
"(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless such person shall have attained the age of 25 years and shall have been an attorney licensed to practice law in the State of Georgia for at least three years at the time of appointment. The chief judge shall be nominated and appointed by the mayor and councilmembers and shall serve at the pleasure of the mayor and councilmembers. All

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other judges shall be nominated by the chief judge and appointed by the mayor and councilmembers."

SECTION 6. Said Act is further amended by revising subsection (b) of Section 5.11 as follows:
"(b) Notwithstanding the provisions of Sections 2.11 and 2.27 of this charter, at the general municipal election in 2013, there shall be elected successors to those persons whose terms of office expire in January next following such election who shall be elected to two-year terms of office. At the general municipal election in 2015 and every four years thereafter, successors shall be elected to such persons whose terms of office expire in January next following such election who shall be elected to four-year terms of office. At the general municipal election in 2014, successors shall be elected to those persons whose terms expire in January next following such election who shall be elected to three-year terms of office. At the general municipal election in 2017 and every four years thereafter, successors shall be elected to succeed those persons whose terms of office expire in January next following such election who shall be elected to four-year terms of office."

SECTION 7. Said Act is further amended by revising Section 5.16 by designating the existing text as subsection (a) and adding a new subsection (b) to read as follows:
"(b) In addition to the provisions of subsection (a) of this section, the office of any elected official of the city shall be forfeited and vacated upon such official being absent from four regularly scheduled meetings of the city council in any 12 month period, such period to be determined from the date of any meeting from which such elected official is absent to the date of the regularly scheduled meeting 12 months later. Such vacancy shall be filled in accordance with Section 2.12 of this charter."

SECTION 8. The mayor and councilmembers of the City of Danielsville 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 9. The governing authority of the City of Danielsville 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 10. 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 2013 session of the General Assembly of Georgia, a bill to amend, consolidate, and supersede the act incorporating the CITY OF DANIELSVILLE, as approved by the 1998 General Assembly, as amended, to change the terms of the elected officials of the City of Danielsville, and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom McCall, who on oath deposes and says that he is the Representative from District 33 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Madison County Journal which is the official organ of Madison County on February 7, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TOM MCCALL Tom McCall Representative, District 33

Sworn to and subscribed before me, this 7th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 30, 2013.

__________

CITY OF COLBERT MAYOR AND COUNCIL; STAGGERED, FOUR-YEAR TERMS OF OFFICE.

No. 118 (House Bill No. 558).

AN ACT

To amend an Act to amend, consolidate, and supersede the several Acts incorporating the City of Colbert, approved February 14, 1950 (Ga. L. 1950, p. 2417), as amended, particularly

GEORGIA LAWS 2013 SESSION

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by an Act approved May 6, 2005 (Ga. L. 2005, p. 3909), so as to provide for staggered, four-year terms of office for the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to amend, consolidate, and supersede the several Acts incorporating the City of Colbert, approved February 14, 1950 (Ga. L. 1950, p. 2417), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3909), is amended by revising Section 2.11 as follows:

"SECTION 2.11. City councilmembers; terms and qualifications for office. The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. The term of office of each member of the city council shall begin on the first Monday of January immediately following the election of such member. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for 12 months prior to the date of the election of mayor or members of the city council; each shall continue to reside therein during that persons period of service and to be registered and qualified to vote in municipal elections of this city."

SECTION 2. Said Act is further amended by revising Section 2.26 as follows:

"SECTION 2.26. Election of mayor; forfeiture; compensation. The mayor shall be elected and serve for a term of four years and until the mayors successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of this city for 12 months immediately preceding the mayors election. The mayor shall continue to reside in this city during the period of the mayors service. The mayor shall forfeit that office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers."

SECTION 3. Said Act is further amended by revising Section 5.11 as follows:

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"SECTION 5.11. Regular elections; time for holding. (a) There shall be a municipal general election annually on the Tuesday next following the first Monday in November. (b) Notwithstanding the provisions of Sections 2.11 and 2.26 of this charter, at the general municipal election in 2013, there shall be elected the mayor and two councilmembers to succeed those persons whose terms of office expire in January next following such election who shall be elected to two-year terms of office. At the general municipal election in 2015 and every four years thereafter, there shall be elected the mayor and two councilmembers to succeed those persons whose terms of office expire in January next following such election who shall be elected to four-year terms of office. (c) Notwithstanding the provisions of Section 2.11 of this charter, at the general municipal election in 2014, there shall be elected two councilmembers to succeed those persons whose terms expire in January next following such election who shall be elected to three-year terms of office. At the general municipal election in 2017 and every four years thereafter, there shall be elected two councilmembers to succeed those persons whose terms of office expire in January next following such election who shall be elected to four-year terms of office."

SECTION 4. The mayor and councilmembers of the City of Colbert 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 5. The governing authority of the City of Colbert 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 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 2013 session of the General Assembly of Georgia, a bill to amend, consolidate, and supersede the several Acts incorporating the CITY OF COLBERT, as approved by the 2005 General Assembly, as

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amended, to change the terms of the elected officials of the City of Colbert, and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom McCall, who on oath deposes and says that he is the Representative from District 33 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Madison County Journal which is the official organ of Madison County on February 7, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TOM MCCALL Tom McCall Representative, District 33

Sworn to and subscribed before me, this 7th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 30, 2013.

__________

CITY OF JESUP CITY COMMISSION; REDISTRICTING.

No. 119 (House Bill No. 561).

AN ACT

To amend an Act creating a new charter for the City of Jesup, approved December 15, 1937 (Ga. L. 1937-38 Ex. Sess., p. 1142), as amended, so as to change the description of the election 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.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a new charter for the City of Jesup, approved December 15, 1937 (Ga. L. 1937-38 Ex. Sess., p. 1142), as amended, is amended by revising subsections (b) and (c) of Section 4 as follows:
"(b) For the purpose of electing members of the board of commissioners, the City of Jesup shall be divided into six election districts. Those election 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: jesup-prop1-tiger2010edata Plan Type: local Administrator: jesup 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; (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; (3) Any part of the City of Jesup 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; and (4) Any part of the City of Jesup 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 Commissioners of the City of Jesup 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) Election Districts 1, 2, 3, 4, 5, and 6 as they exist immediately prior to the effective date of this Act shall continue to be designated as Election Districts 1, 2, 3, 4, 5, and 6, respectively, but as newly described under this Act, and on and after the effective date of this

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Act, such members of the board of commissioners serving from those former election districts shall be deemed to be serving from and representing their respective election districts as newly described under this Act.

SECTION 3. The governing authority of the City of Jesup 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: jesup-prop1-tiger2010edata Plan Type: local Administrator: jesup User: bak

District 001 Wayne County VTD: 3054A - VFW 970300: 3003 3004 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 3069 3070 3071 3072 3074 3075 3076 3077 3078 3079 3080 3081 3082 3087 3088 3089 3090 3091 3092 3118 970500: 2093 VTD: 3054B - PINE STREET 970500: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2094 4003 4004 4006 4008 4009

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

970600: 1024 1029 1052 1053 1054 1065 1066 1067 1068 1069 1070 1071 1072 1073 1079 1080 2000 2005 2006 2007 VTD: 3055A - UNITY 970300: 3035 3036 3037 3038 3051 3052 3053 3067 3068 3073 3083 3084 3085 VTD: 3055B - REC CENTER 970500: 3030 3032 3034 3036 3037 3038 3039 3065 3066 4000

District 002 Wayne County VTD: 3054A - VFW 970200: 1078 1091 1092 1093 1094 4018 4019 4020 4021 4024 4027 4028 4029 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 970300: 1000 1001 1002 1003 1004 1006 1007 1008 1026 1027 1028 1029 1030 1032 1033 1034 1051 1063 3000 3001 3002 3005 970600: 1055 1056 1057 VTD: 3055A - UNITY 970300: 1005 3040 3048

District 003 Wayne County VTD: 3054A - VFW 970300: 1049 1050 VTD: 3055A - UNITY 970300: 1035 1036 1037 1041 1042 1043 1044 1045 1046 1047 1048 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1088 1089 1090 2000 2001 2002 2003 2004 2005 2008 2015 2016 2032 4008 4011 4013 4014 4024 4025 4026 4027 4028 4030 4034

GEORGIA LAWS 2013 SESSION
District 004 Wayne County VTD: 3055A - UNITY 970300: 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1064 1065 1066 1067 1068 1069 1070 1071 1072 3039 3041 3042 3043 3044 3045 3046 3047 3049 3050 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3086 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 4000 4001 4002 4003 4004 4005 4006 4007 4009 4010 4018 4022 4023 970500: 3000
District 005 Wayne County VTD: 3054B - PINE STREET 970500: 4002 4005 4007 4010 4012 4035 970600: 2001 2002 2003 2004 2008 2009 2010 2011 2012 2013 2014 2020 2021 2024 2025 2142 VTD: 3055B - REC CENTER 970500: 1029 1030 1031 1032 1033 1034 1035 3079 3081 4001 4011 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4036 4037 4038 4039
District 006 Wayne County VTD: 3054B - PINE STREET 970500: 1015 1039 1042 VTD: 3055A - UNITY 970300: 2019 4012 4015 4016 4017 4019 4020 4021 4029 4031 4032 4033 970500: 1001 3013

4001

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 3055B - REC CENTER 970500: 1000 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1018 1019 1020 1028 1044 1045 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3031 3033 3035 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 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3080 3082 3083

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act creating the Charter of the City of Jesup, approved December 16, 1937 (Ga.L. 1937, p. 1142), as amended, so as to reapportion the commissioner districts; to provide for the submission of this Act for preclearance under Section 5 of federal Voting Rights Act of 1965, as amended; to provide effective dates; and to repeal conflicting laws.
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 Press Sentinel which is the official organ of Wayne County on February 6, 2013, 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 7th day of March, 2013.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia

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4003

My Commission Expires January 23, 2015 (SEAL)

Approved April 30, 2013.

__________

CITY OF WARWICK CITY COUNCIL; REDISTRICTING.

No. 120 (House Bill No. 568).

AN ACT

To amend an Act providing a new charter for the City of Warwick, approved April 19, 2000 (Ga. L. 2000, p. 4334), so as to change the description of the council districts for the election of members of the city council to be consistent with the United States decennial census of 2010 for the State of Georgia; 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 a new charter for the City of Warwick, approved April 19, 2000 (Ga. L. 2000, p. 4334), is amended by revising Section 5.11 as follows:

"SECTION 5.11 (a) For purposes of electing members of the city council, the City of Warwick shall consist of two districts. District 1 shall consist of Posts 1 and 2, and District 2 shall consist of Posts 1 and 2. One member of the council shall be elected from each such Post. Councilmembers seeking election for the positions of Post 1 in District 1 and Post 1 in District 2 shall be elected at an election to be held on the Tuesday following the first Monday in November, 2013. Councilmembers seeking election for the positions of Post 2 in District 1 and Post 2 in District 2 shall be elected at an election to be held on the Tuesday following the first Monday in November, 2015. Councilmembers shall serve for terms of four years and until their successors are elected and qualified.
(b)(1) The two council districts 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: warwickcity-2013 Plan Type: local Administrator: warwick User: bak'. (2) 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.

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(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 City of Warwick 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 City of Warwick 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."

SECTION 2. The city council which existed on January 1, 2013, is continued in existence, but on and after January 1, 2013, it shall be constituted as provided in this Act. The city council of the City of Warwick so continued and constituted shall continue to have the powers, duties, rights, obligations, and liabilities of that city council as existed immediately prior to January 1, 2013.

SECTION 3. The governing authority of the City of Warwick 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 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.

Plan: warwickcity-2013 Plan Type: local Administrator: warwick User: bak

District 001 Worth County VTD: 3219 - WARWICK

GEORGIA LAWS 2013 SESSION
950100: 1028 1029 1031 1037 1039 1040 1041
District 002 Worth County VTD: 3219 - WARWICK 950100: 1021 1022 1035 1036 1038 1042 1043 1044 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077

4005

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Warwick, approved April 19, 2000 (Ga. L. 2000, p. 4334), so as to change the description of the council districts for the election of members of the city council to be consistent with the United States decennial census of 2010 for the State of Georgia; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ed Rynders, who on oath deposes and says that he is the Representative from District 152 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Sylvester Local News which is the official organ of Worth County on March 6, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ED RYNDERS Ed Rynders Representative, District 152
Sworn to and subscribed before me, this 11th day of March, 2013.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

4006

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Approved April 30, 2013.

__________

BIBB COUNTY STATE COURT; ADDITIONAL JUDGE; SELECTION OF CHIEF JUDGE; COMPENSATION; SOLICITOR-GENERAL; SELECTION, TERMS OF OFFICE, AND COMPENSATION.

No. 121 (House Bill No. 569).

AN ACT

To amend an Act establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, so as to provide an additional judge for said court; to provide for the initial appointment of such additional judge by the Governor; to provide for the election and terms of office for the judges of said court; to provide for a chief judge of said court; to provide for the compensation of the judges of said court; to provide for the selection, terms of office, and compensation of the solicitor-general of said 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 establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, is amended by revising Sections IV, V, and VI as follows:

"SECTION IV. (a) There shall be two full-time judges of the State Court of Bibb County who shall be selected as provided in this section. (b) The judge of the State Court of Bibb County in office on January 1, 2013, shall continue to serve the term of office to which said judge was elected until the election and qualification of a successor as provided by law. (c) The additional judge appointed as provided by this Act shall be appointed by the Governor for a term beginning July 1, 2013, and expiring December 31, 2014, and until a successor is elected and qualified. A successor to the additional judge shall be elected in a manner provided by Code Section 21-2-138, of the O.C.G.A. for the election of judges of the state courts of this state in 2014 for a term of four years beginning on January 1, 2015, and until the election and qualification of a successor. Future successors shall be elected each four years thereafter as provided by Code Section 21-2-138 of the O.C.G.A. for terms of four years and until the election and qualification of a successor. They shall

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take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the state courts of this state. (d) The judge of the State Court of Bibb County having the longest time in service as a judge of said court shall be the chief judge of the State Court of Bibb County. The chief judge shall have responsibility for the administration of the operations of the State Court of Bibb County, including, but not limited to, appointment of the clerk, budgeting, scheduling, and the policies, rules, and standing orders of the State Court of Bibb County. (e) The judges of the State Court of Bibb County shall receive as salary compensation an amount equal to 90 percent of the base salary paid to a judge in the superior courts by the state and, in addition, an amount equal to 90 percent of any county supplement paid to judges of the Superior Court of Bibb County. The chief judge of the State Court of Bibb County shall also be paid additional salary compensation in the amount of $2,500.00. All of such compensation shall be paid from the funds of Bibb County and in like intervals and installments as salaries are paid to employees of Bibb County. In addition to the salary compensation provided for in this section, the governing authority of Bibb County shall pay on behalf of each judge of the State Court of Bibb County a sum equal to the contribution required for judges by the Georgia Judicial Retirement System created by Chapter 23 of Title 47 of the O.C.G.A.

SECTION V. The judges of the State Court of Bibb County shall have such qualifications, powers, and authority, and shall be subject to such restrictions and discipline, as provided by Chapter 7 of Title 15 of the O.C.G.A. for state court judges in the State of Georgia.

SECTION VI. The solicitor-general of the State Court of Bibb County shall have such qualifications, powers, and authority, and shall be selected, as provided for by law for solicitors-general in the State of Georgia. The solicitor-general of said court shall receive as compensation an amount equal to 76 percent of the salary of the judges of the Superior Court of Bibb County paid by the state, and, in addition, an amount equal to 76 percent of the amount of any county supplement paid to the judges of the Superior Court of Bibb County. All of such compensation shall be paid from the funds of Bibb County and in like intervals and installments as salaries are paid to employees of Bibb County."

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

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GEORGIA, BIBB COUNTY

Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Allen Peake, who on oath deposes and says that he is the Representative from District 141 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Telegraph which is the official organ of Bibb County on February 1, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ ALLEN PEAKE Allen Peake Representative, District 141

Sworn to and subscribed before me, this 7th day of March 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 30, 2013.

__________

CITY OF BAINBRIDGE CITY OF BAINBRIDGE PUBLIC FACILITIES AUTHORITY; CREATION.

No. 122 (House Bill No. 600).

AN ACT

To create the City of Bainbridge Public Facilities Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the

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membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for the issuance and sale of revenue bonds and their negotiability, sale, and use of proceeds from such sales; to provide for conditions for issuance of such obligations; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for bond validation; to provide for venue and jurisdiction; to provide for trust funds; to provide for the authority's purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions and exemptions from levy and sale; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for severability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Short title.

This Act shall be known and may be cited as the "City of Bainbridge Public Facilities Authority Act."

SECTION 2. Creation of authority; purpose.

There is created a body corporate and politic to be known as the "City of Bainbridge Public Facilities Authority," which shall be deemed to be a public corporation. Such corporation shall be separate and distinct from any public corporation or other entity heretofore created by the General Assembly and shall be an instrumentality of the State of Georgia exercising governmental powers. The authority is created for the purpose of promoting the public good and general welfare of the citizens of the City of Bainbridge and assisting the City of Bainbridge in providing facilities, equipment, and services to the citizens of the City of Bainbridge in the most efficient means possible. In connection with the exercise of any of its powers, the members of the authority may make findings or determinations that will promote the public good and general welfare of the citizens of the City of Bainbridge and assist the City of Bainbridge in providing facilities, equipment, and services, and such findings or determinations, if made, shall be conclusive and binding.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 3. Definitions.

As used in this Act, the following words and terms shall have the meaning specified unless the context or use clearly indicates a different meaning or intent:
(1) "Authority" means the City of Bainbridge Public Facilities Authority created by this Act. (2) "Cost of the project" means and includes:
(A) The cost of construction; (B) The cost of all land and interests therein, properties, rights, easements, and franchises acquired; (C) The cost of acquiring, constructing, or erecting buildings, improvements, materials, labor, and services; (D) The cost of all machinery and equipment; (E) Financing charges and interest prior to and during construction or acquisition of any project and for six months after such project is placed into service and operational at the level intended; (F) The cost of construction, engineering, architectural, fiscal, accounting, inspection, and legal expenses relating to a project or to the financing or refinancing of any project and other expenses necessary or incident to determining the feasibility or practicability of any project; and (G) Administrative expenses relating to any project or the financing or refinancing thereof and such other expenses as may be necessary or incident to the financing of a project authorized by this Act, the acquisition, construction, renovation, reconstruction, or remodeling of a project, and the placing of the same in operation. Any obligation or expense incurred for any of the purposes in this paragraph shall be regarded as part of the cost of the project and may be paid or reimbursed as such out of any funds of the authority, including proceeds of any revenue bonds issued under the provisions of this Act for any such project or projects and the proceeds of the sale of any contracts, lease agreements, or installment sales agreements or the amounts payable thereunder, either directly or by the creation of interests therein. (3) "City" means the City of Bainbridge, Georgia, or its successor. (4) "Project" means and includes the acquisition, construction, equipping, maintenance, and operation of any undertaking as defined in Code Section 36-82-61 of the O.C.G.A.; any undertaking, project, or service for which any governmental body contracting with the authority is authorized by law to undertake in the performance of its governmental, administrative, or proprietary functions; all personal property to be used in connection therewith; and the lease and sale of any part or all of such facilities, including real and personal property, so as to ensure the efficient and proper development, maintenance, and operation of such project deemed by the authority to be necessary, convenient, or desirable. A project may be composed exclusively of real or personal property, equipment, fixtures,

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machinery, or other property of any nature whatsoever used or useful in connection with the governmental, administrative, and proprietary functions of any governmental body contracting with the authority for its services or facilities. (5) "Revenue bonds" means revenue bonds issued by the authority pursuant to the terms of this Act or under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."

SECTION 4. Powers of the authority.

The authority shall have the power: (1) To hold, own, lease, transfer, and convey real and personal property or interests therein; (2) To sue and be sued; (3) To have and use a seal and to alter the same at its pleasure; (4) To acquire, construct, purchase, own, equip, operate, extend, improve, lease, and sell any project; (5) To exercise the powers conferred upon a public corporation or a public authority by Article IX, Section III, Paragraph I of the Constitution of Georgia, and such authority is expressly declared to be a public corporation or a public authority within the meaning of such provision of the Constitution of Georgia; (6) To acquire property and projects in its own name by gift or by purchase on such terms and conditions and in such manner as it may deem proper. If the authority shall deem it expedient to construct any project on real property or any interest therein or usufruct which is subject to the control of the city, the city is authorized to convey such real property or interest therein to the authority for no consideration or for such consideration as may be agreed upon by the authority and the city, taking into consideration the public benefit to be derived from such conveyance. The city may transfer such property or interest therein without regard to any determination as to whether or not such property or interest therein is surplus; (7) To accept gifts and bequests for its corporate purposes; (8) To appoint, select, and employ, with or without bidding, as the authority may choose, officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, underwriters or other advisors, and attorneys, and to fix their compensation; (9) To make and execute with public and private persons and corporations contracts, lease agreements, rental agreements, installment sale agreements, and other instruments relating to its projects and incident to the exercise of the powers of the authority, including contracts for constructing, renting, leasing, and selling its projects for the benefit of the city; and, without limiting the generality of this paragraph, authority is specifically granted to the authority and to the city to enter into contracts, lease agreements, rental agreements,

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

installment sale agreements, and related agreements for a term not exceeding 50 years as provided in Article IX, Section III of the Constitution of Georgia; (10) To lease, sell, transfer, or otherwise dispose of any property, real or personal, or assets of the authority or to assign its rights under its contracts, lease agreements, or installment sale agreements or its right to receive payments thereunder, either directly or through trust or custodial arrangements whereby interests are created in such contracts, lease agreements, or installment sale agreements or the payments to be received thereunder through the issuance of trust certificates, certificates of participation, custodial receipts, or other similar instruments; (11) To accept loans or grants of money or property of any kind from the United States, the State of Georgia, or any political subdivision of the State of Georgia; (12) To borrow money for any of its corporate purposes and to issue revenue bonds, notes, or other types of indebtedness payable solely from funds or revenues of the authority pledged for that purpose; to pledge and assign any of its revenues, income, rent, charges, and fees to provide for the payment of the same; and to provide for the rights of the holders of such revenue bonds; (13) To enter into interest rate swaps, collars, or other types of interest rate management agreements or credit enhancement or liquidity agreements relating to any obligations of the authority, provided that the obligation of the authority under such agreements shall not be a general obligation of the authority but shall be a limited obligation of the authority payable from a specific source of funds identified for such purpose. The authority shall be exempt from any requirement of Georgia law requiring a swap management plan or other similar plan relating to interest swap agreements; (14) To make such rules and regulations governing its employees and property as it may in its discretion deem proper; (15) To be sued the same as any private corporation on any contractual obligation of the authority. The authority shall have the same rights to sue any other person or entity as any private corporation; and (16) To issue its revenue bonds, notes, or other obligations to finance or refinance any project which may be financed by the city under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."

SECTION 5. Members of the authority; terms of office.

The authority shall consist of six to nine members. Six of the members shall be the persons at the time serving as the five duly elected members of the city council of the City of Bainbridge and the mayor of the City of Bainbridge, and they shall be eligible to succeed themselves. The members of the authority shall hold office for terms coinciding with their terms on the city council and his or her term as mayor and shall serve until their successors take office. The mayor and city council, in their capacities to the city, may nominate and

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appoint up to three additional members to the authority who possess knowledge or experience in matters within the power of the authority. The three additional members of the authority shall serve one-year terms and are eligible to be reappointed without limitation. In the event that the number of members of the city council is changed, then the number of members of the authority shall be correspondingly changed. Immediately after their official seating on the authority, the members of the authority shall enter upon their duties. A majority of the members of the authority shall constitute a quorum, and no vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority, and in every instance, a majority vote of a quorum shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds. The authority shall elect one of its members as chairperson and shall elect a secretary and a treasurer. The secretary and treasurer need not necessarily be members of the authority. The chairperson shall be a nonvoting member of the authority; however, if at any time there are an even number of members on the authority, the chairperson shall be allowed to vote but only to break a tie. The authority may elect a vice chairperson or any number of assistant secretaries or treasurers as it may from time to time deem necessary or desirable. The members of the authority shall not be entitled to compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority shall make rules and regulations for its own governance, and it shall have perpetual existence. Any change in name or composition of the authority shall in no way affect the vested rights of any person under the provisions of this Act or impair the obligations of any contracts existing under this Act.

SECTION 6. Issuance and sale of revenue bonds.

The authority shall have power and is authorized from time to time to provide for the issuance and sale of negotiable revenue bonds in the manner provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," for the purpose of paying all or any part of the cost of any one or more projects, including the cost of constructing, reconstructing, equipping, extending, adding to, or improving any such project, or for the purpose of refunding, as provided in this Act, any such bonds of the authority or any other authority or public body previously issued to finance or refinance the cost of a project. The principal of and interest on such revenue bonds shall be a limited obligation of the authority payable solely from the source or sources of funds specified in the indenture or resolution of the authority authorizing the issuance of such revenue bonds. The revenue bonds of each issue shall be issued and validated under and in accordance with the provisions of the "Revenue Bond Law." Such revenue bonds shall mature on such dates, bear interest at such rate or rates, whether fixed or variable, be subject to redemption, and have such other terms as the authority may provide in the indenture or resolution relating thereto. Such revenue bonds shall not be subject to any provision of Georgia law limiting the rate of interest

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

payable thereon and may be sold in a negotiated sale or in a public sale as the authority may determine.

SECTION 7. Power to incur loans or issue notes.

The authority shall also have the power to incur indebtedness from time to time for the purpose of financing or refinancing any project or refunding any obligations previously issued for such purpose, or for any other purpose, whether in the form of a loan or through the issuance of notes, and the principal of and interest on such notes or loans shall be a limited obligation of the authority payable solely from the source or sources of funds specified in the resolution or indenture of the authority authorizing such loan or the issuance of such notes. Any such loan or notes shall not be required to be validated as a condition to the issuance thereof and shall have such terms as may be specified by the authority in the resolution or indenture authorizing the same.

SECTION 8. Negotiable instruments; bonds or other obligations exempt from taxation.

All revenue bonds issued under the provisions of this Act shall have all the qualities and incidents of negotiable instruments under the negotiable instruments law of this state. All such bonds, and any loan incurred or note issued as provided in this Act, are declared to be issued or incurred for an essential public and governmental purpose, and such obligations and the interest thereon shall be exempt from all taxation within this state.

SECTION 9. Revenue bonds or notes not a debt or general obligation.

Revenue bonds or notes issued under the provisions of this Act or any loan incurred as authorized herein shall not constitute a debt or a pledge of the faith and credit of the State of Georgia or of any political subdivision thereof, including the city, but shall be payable solely from the sources as may be designated in the resolution or indenture of the authority authorizing the issuance of the same. The issuance of such obligations shall not directly, indirectly, or contingently obligate the State of Georgia or any political subdivision thereof, including the city, to levy or pledge any form of taxation for the payment thereof. No holder of any bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the State of Georgia or any political subdivision thereof, including the city, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such obligations shall contain on their face a recital setting forth substantially the provisions of this section. Nothing in this section shall be construed to prohibit the State of Georgia or any political subdivision or agency thereof,

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including the city, from obligating itself to pay the amounts required under any contract entered into with the authority pursuant to Article IX of the Constitution of Georgia or any successor provision, including from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred by the authority and from any other source.

SECTION 10. Issuance of bonds or obligations under indentures or resolutions.

In the discretion of the authority, any issuance of such revenue bonds, notes, or other obligations may be secured by a trust indenture by and between the authority and a trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State of Georgia. Such trust indenture may pledge or assign fees, tolls, rents revenues, and earnings to be received by the authority, including the proceeds derived from the financing, sale, or lease, from time to time, of any project. Either the resolution providing for the issuance of revenue bonds or other obligations or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the owners of such bonds or obligations as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority or any lessee or purchaser in relation to the acquisition and construction of any project, the maintenance, operation, repair, and issuance of any project, and the custody, safeguarding, and application of all moneys, including the proceeds derived from the sale or lease of any project or from the sale of any such bonds, notes, or other obligations, and may contain provisions concerning the conditions, if any, upon which additional bonds, notes, or other obligations may be issued, whether on a parity with or subordinate to any other obligations issued by the authority. Such indenture or resolution may set forth the rights and remedies of the owners of such obligations and of the trustee. Such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the owners of such bonds or other obligations or otherwise necessary or convenient in connection with the issuance of such obligations. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.

SECTION 11. Security of the payment of bonds or other obligations.

The authority may assign or pledge any property or revenues to the payment of the principal of and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust indenture may provide. The use and disposition of such property or revenues assigned to the payment of bonds or other obligations shall be subject to the indenture or resolution authorizing the issuance of such revenue bonds or obligations. Any

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lien created by the authority for the payment of such bonds or obligations may be a first lien or a subordinate lien as the authority may provide, and any such indenture or resolution may provide, at the option of the authority, for the issuance of additional bonds or other obligations sharing any lien on a parity or subordinate lien basis.

SECTION 12. Refunding bonds or obligations.

The authority is authorized to provide by resolution for the issuance of obligations, whether revenue bonds, notes, or other obligations, for the purpose of refunding any revenue bonds or other obligations issued under the provisions of this Act or under any other provision of Georgia law so long as such bonds or other obligations were issued for a purpose or project for which the authority could issue bonds. The issuance of such refunding bonds or other obligations and all the details thereof, the rights of holders thereof, and the duties of the authority with respect to the same shall be governed by the provisions of this Act insofar as the same may be applicable.

SECTION 13. Principal office; venue.

The principal office of the authority shall be in the city, and the venue of any action against it shall be in Decatur County. Any action pertaining to the validation of any bonds issued under the provisions of this Act and for the validation of any contract entered into by the authority shall be brought in the Superior Court of Decatur County, and such court shall have exclusive original jurisdiction of such actions. Service upon the authority of any process, subpoena, or summons shall be effected by serving the same personally upon any member of the authority.

SECTION 14. Validation of revenue bonds.

Revenue bonds of the authority shall be confirmed and validated in accordance with the procedure set forth in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," as the same now exists or may hereafter be amended. The petition for validation shall also make a party defendant to such action the city, if the city has or will contract with the authority with respect to the project for which bonds are to be issued and are sought to be validated. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to the validity of such bonds against the authority and against all other persons or entities, regardless of whether such persons or entities were parties to such validation proceedings.

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SECTION 15. No impairment of rights.

While any of the bonds or other obligations issued by the authority or any interests in contracts of the authority remain outstanding, the powers, duties, or existence of the authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds or obligations or such interests in contracts of the authority. The provisions of this section shall be for the benefit of the authority and the holders of any such bonds or obligations and interests in contracts of the authority and, upon the issuance of bonds or obligations or the creation of interests in contracts of the authority under the provisions of this Act, shall constitute a contract with the holders of such bonds or obligations or such interests in contracts of the authority.

SECTION 16. Trust funds; permitted investments.

All moneys received by the authority pursuant to this Act, whether as proceeds from the sale of revenue bonds or obligations of the authority, as grants or other contributions, or as revenues, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act and in such resolutions and trust indentures as may be adopted and entered into by the authority pursuant to this Act. Any such moneys or funds may be invested from time to time in such investments as may be permitted under the indenture, agreement, or resolution establishing the fund or account in which such funds are held, or if not held in such a fund or account, in such investments as would be permitted for investments of a development authority created under Code Section 36-62-1, et seq., of the O.C.G.A.

SECTION 17. Power to set rates, fees, and charges.

The authority is authorized to prescribe and fix rates, fees, tolls, rents, and charges and to revise, from time to time, and collect such revised rates, fees, tolls, rents, and charges for the services, facilities, or commodities furnished, including leases, concessions, and subleases of its projects, and to determine the price and terms at and under which its projects may be sold, leased, or otherwise disposed. The authority may establish in its discretion procedures for contracting for any work done for the authority or for the acquisition, sale, transfer, or lease of any property, real or personal, of the authority.

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SECTION 18. Essential governmental function; no taxes or assessments.

All property or interests in property owned by the authority shall be public property held and owned for governmental purposes and shall be exempt from ad valorem taxation. The exercise of the powers conferred upon the authority hereunder shall constitute an essential governmental function for a public purpose and the authority shall not be required to pay taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation and maintenance of property acquired by it or of buildings acquired or erected by it or any fees, rentals, or other charges for the use of such property or buildings or other income received by the authority. The tax exemption herein provided shall not include an exemption from sales and use tax on property purchased by or for the use of the authority.

SECTION 19. Immunity of authority and members.

The authority shall have the same immunity and exemption from liability for torts and negligence as the City of Bainbridge; and the officers, agents, and employees of the authority, when in the performance of the work of the authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the City of Bainbridge.

SECTION 20. Authority property not subject to levy and sale.

The property of the authority shall not be subject to levy and sale under legal process.

SECTION 21. Authority area of operation.

The scope of the authority's operations shall be limited to the territory embraced within the territorial limits of the city, as the same now or may hereafter exist; provided, however, that nothing in this section shall prevent the authority from contracting with any entity, public or private, outside of the city with respect to any project located in or outside of the city if the authority shall determine that entering into such contract is in the best interest of the authority and in furtherance of its public purposes.

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SECTION 22. Supplemental powers.

This Act does not in any way take away from the authority any power which may be conferred upon it by law but is supplemental thereto.

SECTION 23. No power to impose taxes.

The authority shall not have the right to impose any tax on any person or property.

SECTION 24. Act to be liberally construed.

This Act shall be liberally construed to effect the purposes hereof.

SECTION 25. Severability of provisions.

Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect the remainder of this Act, or any part hereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof.

SECTION 26. Effective date.

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

SECTION 27. Conflicting laws.

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

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 2013 session of the General Assembly of Georgia a bill to create the City of Bainbridge Public Facilities Authority; to provide for related matters; and for other purposes.

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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 Post Searchlight which is the official organ of Decatur County on March 9, 2013, 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 12th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved April 30, 2013.

__________

HOSPITAL AUTHORITY OF WALKER, DADE, AND CATOOSA COUNTIES METHOD OF FILLING VACANCIES.

No. 130 (House Bill No. 628).

AN ACT

To amend an Act to change the method of filling vacancies on the board of the hospital authority of Walker, Dade, and Catoosa counties, approved April 12, 1982 (Ga. L. 1982, p. 4531), so as to revise the method of filling vacancies; 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 change the method of filling vacancies on the board of the hospital authority of Walker, Dade, and Catoosa counties, approved April 12, 1982 (Ga. L. 1982, p. 4531), is amended by revising Section 1 as follows:

"SECTION 1. (a) Pursuant to the authority of subsection (d) of Code Section 31-7-72 of the O.C.G.A., the method of filling vacancies on the board of the hospital authority of Walker, Dade, and Catoosa counties shall be as provided in this Act. This Act shall apply to vacancies for unexpired and full terms. The governing authority of the county from which the member whose seat becomes vacant was selected shall submit to the board of the hospital authority a list of three eligible persons. The board at its next regular or special meeting shall select one of those three persons to fill the vacancy. (b) Notwithstanding the provisions of subsection (a) of this section, the next vacancy to occur on the board following the effective date of this Act for a seat held by an appointee from Dade County shall be filled in accordance with subsection (a) of this section from a list of three eligible persons submitted by the governing authority of Catoosa County and any subsequent vacancies in such seat shall be filled in accordance with subsection (a) of this section by the submission of a list of three eligible persons by the governing authority of Catoosa County. (c) The provisions of subsection (b) of this section shall not become effective if Dade County by not later than July 1, 2013:
(1) Enters into an intergovernmental contract with the hospital authority and Walker and Catoosa counties pursuant to Code Section 31-7-85 of the O.C.G.A., under the terms of which Dade County agrees to make payments to the hospital authority in an amount equal to 20 percent of the annual principal and interest requirements of debt issued by the hospital authority for which the remaining 80 percent is similarly supported by agreements of Walker and Catoosa counties; and (2) Amends its resolution creating the hospital authority to increase the number of members of the board from nine members to ten members with one additional member to represent Catoosa County."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to change the Hospital Authority of Walker, Dade and Catoosa Counties Authority Board of Trustee distribution from Walker 4, Catoosa 3 and Dade 2, to

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Walker 4, Catoosa 4, and Dade 1, in order to match respective county population percentages, as required by the Authority By-Laws, pursuant to Title 31, Chapter 7 of the Official Code Ann. Of Georgia.

This 22nd Day of February, 2013.

Donald F. Oliver Hospital Authority General Counsel

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jay Neal, who on oath deposes and says that he is the Representative from District 2 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Sentinel which is the official organ of Dade County on March 6, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JAY NEAL Jay Neal Representative, District 2

Sworn to and subscribed before me, this 20th day of March 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is hereby given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to change the Hospital Authority of Walker, Dade and Catoosa Counties Authority Board of Trustee distribution from Walker 4, Catoosa 3 and Dade 2, to Walker 4, Catoosa 4, and Dade 1, in order to match respective county population percentages, as required by the Authority By-Laws, pursuant to Title 31, Chapter 7 of the Official Code Ann. Of Georgia.

This 22nd Day of February, 2013.

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Donald F. Oliver Hospital Authority General Counsel

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jay Neal, who on oath deposes and says that he is the Representative from District 2 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County on February 27, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JAY NEAL Jay Neal Representative, District 2

Sworn to and subscribed before me, this 20th day of March 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is hereby given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to change the Hospital Authority of Walker, Dade and Catoosa Counties Authority Board of Trustee distribution from Walker 4, Catoosa 3 and Dade 2, to Walker 4, Catoosa 4, and Dade 1, in order to match respective county population percentages, as required by the Authority By-Laws, pursuant to Title 31, Chapter 7 of the Official Code Ann. Of Georgia.

This 22nd Day of February, 2013.

Donald F. Oliver Hospital Authority General Counsel

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GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jay Neal, who on oath deposes and says that he is the Representative from District 2 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County on February 27, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JAY NEAL Jay Neal Representative, District 2

Sworn to and subscribed before me, this 20th day of March 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 2, 2013.

__________

FULTON COUNTY LEVY OF AD VALOREM TAXES.

No. 135 (House Bill No. 604).

AN ACT

To amend an Act providing for the determination of millage rates by governing authorities in Fulton County, approved March 14, 1991 (Ga. L. 1991, p. 3506), so as to provide for dates on which the governing authority of Fulton County may make or fix certain levies of ad valorem taxes; to provide for procedures related thereto; to cite a certain constitutional authorization; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. This Act is enacted pursuant to that local constitutional amendment giving the General Assembly powers relative to ad valorem taxation by Fulton County (Ga. L. 1951, p. 874), which was continued in force and effect by an Act approved March 20, 1986 (Ga. L. 1986, p. 4432).

SECTION 2. An Act providing for the determination of millage rates by the governing authorities in Fulton County, approved March 14, 1991 (Ga. L. 1991, p. 3506), is amended in Section 3 thereof by adding a new subsection (b.1) to read as follows:
"(b.1) Any proceedings by the governing authority of Fulton County to make or fix a levy of ad valorem taxes for Fulton County at a millage rate which would exceed the roll-back rate shall be suspended until January 1, 2015. At no time on or after January 1, 2015, shall the governing authority of Fulton County make or fix a levy of ad valorem taxes for Fulton County at a millage rate which would exceed the roll-back rate except upon the affirmative votes of five of the members of the governing authority to adopt the ordinance or resolution making or fixing such levy."

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 2013 session of the General Assembly of Georgia a bill to amend an Act providing for the determination of millage rates by governing authorities in Fulton County, approved March 14, 1991 (Ga. L. 1991, p. 3506); to repeal conflicting laws; and for other purposes.
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 47 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, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JAN JONES Jan Jones Representative, District 47

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Sworn to and subscribed before me, this 4th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

FULTON COUNTY PENSION AND RETIREMENT PLAN FOR BOARD OF EDUCATION OF FULTON COUNTY; PLAN SPONSOR; ADMINISTRATION; PENSION BOARD.

No. 136 (House Bill No. 380).

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 11, 2009 (Ga. L. 2009, p. 4004), and an Act approved April 11, 2012 (Ga. L. 2012, p. 4982), so as to provide that the Board of Education of Fulton County shall be the plan sponsor and funding agent of such plan; to provide for the administration of the plan through a committee of the board of education; to provide for a committee known as the pension board; to provide for membership and duties of the pension board; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act 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 11, 2009 (Ga. L. 2009, p. 4004), and an Act approved April 11, 2012 (Ga. L. 2012, p. 4982), is amended by revising Article XII of the plan as follows:

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"ARTICLE XII ADMINISTRATION
SECTION 12.01. Pension board, appointment, and term of office.

(a) The Board of Education of Fulton County shall be the plan sponsor and funding agent and shall have full responsibility and authority for interpreting and implementing the plan. (b) Administration of the plan shall be carried out under the direction of the board of education by a committee of the board of education which shall be known as the 'pension board' and which shall consist of seven voting members and one nonvoting member. Except as otherwise provided in subsection (b.1) of this section, members shall be qualified and chosen as follows:
(1) The superintendent of the Fulton County School System, ex officio, who shall not have a vote; (2) The chief financial officer of the Fulton County School System, ex officio; (3) The executive director of fiscal services of the Fulton County School System, ex officio; and (4) Two members nominated by the pension board and appointed by the board of education for four-year terms who shall be former teachers or employees of the board of education and who shall be pensioners; (5) Two members nominated by the pension board and appointed by the board of education for four-year terms who shall be active teachers or employees of the board of education and participants in the plan; and (6) One member nominated by the pension board and appointed by the board of education for a four-year term who shall be a school administrator within the Fulton County School System and a participant in the plan. (b.1)(1) The terms of office of the members of the pension board serving on the effective date of this Act shall end on the 30th day following the effective date of this Act. The initial members shall be as provided in subsection (b) of this section; provided, however, that the board of education shall appoint members from plan participant groups according to paragraphs (4), (5), and (6) of such subsection without nominations by the pension board. The members so appointed shall take office on the 30th day following the effective date of this Act. (2) If at any time the pension board has four or more vacancies, the nomination process provided by paragraphs (4), (5), and (6) of subsection (b) of this section shall be suspended in part and the board of education shall appoint members to any vacant positions on the pension board from the participation group from which the vacancy occurs. (3) If the board of education fails to confirm two successive pension board nominations for membership to the pension board, then the board of education shall appoint a member to that position from the participation group from which the vacancy occurs.

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(4) Members of the pension board shall serve at the pleasure of the board of education. The board of education may by majority vote remove any member of the pension board without notice or hearing. (c) In the event of the death, resignation, removal, or other disability of a pension board member which renders him or her incapable of performing the duties of a member of the pension board during his or her or her term of office, such pension board member's replacement shall be selected in the manner specified in subsection (b) of this section for such position and shall serve the remaining balance of such term of office. (d) The superintendent of the Fulton County School System or his or her designee shall serve as chairperson of the pension board. The pension board shall elect one member to serve as 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 and under the direction of the superintendent of the Fulton County School System 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. (e) The pension board shall have the authority, subject to the approval of the board of education, to adopt rules and regulations in the administration of this Act and in carrying out the provisions of this Act and to provide for the equitable disposition of any matter not specifically covered by the provisions of this Act; provided, however, that all such rules shall be consistent with the terms and spirit of this Act. (f) The chief financial officer of the Fulton County School System shall be designated as the treasurer and custodian of this Act and shall be subject to the direction of the superintendent of the Fulton County School System for the purpose of carrying out his or her or her duties under the plan. Whenever any pension has been granted by the pension board, a check shall be drawn on the pension fund, providing for the payment of the pension as the same matures, and shall be signed by the chairperson of the pension board and countersigned and paid by the treasurer. (g) Four members of the pension board shall constitute a quorum, and notice by the secretary shall be given for special or called meetings of the pension board. The chairperson of the pension board shall provide a bond with a good corporate surety in the sum of not less than $5,000.00 for his or her faithful performance as chairperson of the pension board, and the treasurer shall provide a bond with a good corporate surety in the sum of not less than $25,000.00 for his or her faithful performance as treasurer and custodian of the pension fund. The premiums on such bonds shall be an expense of this Act. (h) Except as otherwise provided in the plan, no member or employee of the pension board shall have any personal interest in the gains or profits from any investment made by the pension board or use the assets of this Act in any manner, directly or indirectly, for himself

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or herself or as an agent, except to make such payments as are authorized by the pension board in accordance with the plan.

SECTION 12.02. Appointment of agents.

In addition to those powers set forth elsewhere in the plan or this Act, the pension board may, with the consent of the board of education, appoint such agents, who need not be members of such pension board, as it may deem necessary for the effective performance of its duties and may delegate to such agents such powers and duties, whether ministerial or discretionary, as the pension board and the board of education may deem expedient or appropriate. The pension board shall act by majority vote.

SECTION 12.03. Powers and responsibility.

Subject to the approval of the board of education, the pension board shall have responsibility for the administration of the plan, with all powers necessary to enable it properly to carry out its duties as set forth in this Act. The pension board shall have the following duties and responsibilities:
(1) To serve as trustee of the trust fund; (2) To construe the plan and to answer all questions that arise out of the plan; (3) To select and remove all service providers to the plan, including the actuary, broker and investment advisor, custodians, and other advisors; (4) To decide all questions relating to the eligibility of employees to participate in the plan; (5) To determine the benefits of this Act to which any participant or beneficiary may be entitled; (6) To maintain and retain records relating to the participants and beneficiaries; (7) To prepare and furnish to the participants all information required under applicable state or federal law or provisions of this Act to be furnished to them, which may be provided electronically where appropriate; provided, however, any such information required to be submitted in written form may be provided by electronic means in a manner consistent with the requirements of Treasury Regulations Section 1.401(a)(21), as amended; (8) To prepare and furnish to agents and service providers to the plan sufficient employee data so that such service providers may carry out their obligations to the plan and its participants and beneficiaries; (9) To prepare and file or publish with all other appropriate government officials all reports and other information required under law to be so filed or published;

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(10) To provide directions to the trustee or custodian for the methods of benefit payment and all other matters where called for in the plan or requested by the trustee or custodian; (11) To engage assistants and professional advisers; (12) To arrange for fiduciary bonding, if necessary; (13) To provide procedures for determination of claims for benefits; and (14) To delegate any or all of these responsibilities.

SECTION 12.04. Records of pension board.

(a) Any notice, direction, order, request, certification, or instruction of the pension board to the trustee or custodian shall be in writing and shall be signed by a member of the pension board. The trustee or custodian and every other person shall be entitled to rely conclusively upon any and all such notices, directions, orders, requests, certifications, and instructions received from the pension board and reasonably believed to be properly executed and shall act in accordance therewith. (b) All acts and determinations of the pension board shall be duly recorded by its secretary or under the secretary's supervision, and all such records, together with such other documents as may be necessary for the administration of this Act, shall be preserved in the custody of the secretary.

SECTION 12.05. Reporting and disclosure.

The pension board shall keep all individual and group records relating to the participants and beneficiaries and all other records necessary for the proper operation of this Act. The pension board shall prepare and shall file as required by law or regulation all reports, forms, documents, and other items required by the Code and every other relevant statute, each as amended, and all regulations thereunder. This provision shall not be construed as imposing upon the pension board the responsibility or authority for the preparation, preservation, publication, or filing of any document required to be prepared, preserved, or filed by the trustee or custodian to whom such responsibilities are delegated by law or by the plan.

SECTION 12.06. Construction of this Act.

The pension board shall take such steps as are considered necessary and appropriate to remedy any inequity that results from incorrect information received or communicated in good faith or as the consequence of an administrative error. The board of education shall interpret the plan and shall answer any questions arising in the administration,

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interpretation, and application of the plan. The pension board shall endeavor to act, whether by general rules or by particular decisions, so as not to discriminate in favor of or against any person and so as to treat all persons in similar circumstances uniformly. The pension board shall correct any defect of, reconcile any inconsistency in, or supply any omission from the plan.

SECTION 12.07. Assistants and advisers.

(a) The pension board shall have the right, subject to the consent of the board of education, to delegate any of its responsibility and to hire such professional assistants and consultants as it deems necessary or advisable. To the extent that the costs for such assistants and advisers are not paid by the board of education, they shall be paid at the direction of the pension board from the trust fund as an expense of the trust fund. (b) The pension board and the board of education shall be entitled to rely upon all certificates and reports made by an accountant, attorney, or other professional adviser selected pursuant to this section; the pension board and the board of education shall be fully protected in respect to any action taken or suffered by them in good faith in reliance upon the advice or opinion of any such accountant, attorney, or other professional adviser; and any action so taken or suffered shall be conclusive upon each of them and upon all other persons interested in the plan."

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 regular 2013 session of the General Assembly of Georgia 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; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lynne Riley, who on oath deposes and says that she is the Representative from District 50 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on February 14, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

s/ LYNNE RILEY Lynne Riley Representative, District 50

Sworn to and subscribed before me, this 19th day of February, 2013.

s/ DIANA GRAVER Diana Graver Notary Public, Fulton County, Georgia My Commission Expires December 7, 2016 (SEAL)

Approved May 6, 2013.

__________

WILCOX COUNTY BOARD OF COMMISSIONERS; REDISTRICTING.

No. 137 (House Bill No. 572).

AN ACT

To amend an Act creating the Board of Commissioners of Wilcox County, approved March 24, 1939 (Ga. L. 1939, p. 782), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4958), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office for 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 creating the Board of Commissioners of Wilcox County, approved March 24, 1939 (Ga. L. 1939, p. 782), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4958), is amended by revising subsections (b) and (c) of Section 2 as follows:
"(b) For purposes of electing members of the board of commissioners, Wilcox County is divided into five districts. One member of the board shall be elected from each such district. The five districts shall be and correspond to those five numbered districts

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described in and attached to and made a part of this Act and further identified as 'Plan: wilcoxccsb-2013 Plan Type: local Administrator: wilcox User: bak'.
(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 Wilcox 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. (3) Any part of Wilcox 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. (a) All members of the board of commissioners serving in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected and until their respective successors are elected and qualified unless otherwise removed from office as provided by the Constitution and laws of this state. (b) Each member of the board of commissioners serving in office on the effective date of this Act and elected from former Commissioner District 1, 2, 3, 4, or 5 shall on and after said date be deemed to represent the new Commissioner District 1, 2, 3, 4, or 5 in which he or she resides.

SECTION 3. The Board of Commissioners of Wilcox 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.

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

Plan: wilcoxccsb-2013 Plan Type: local Administrator: wilcox User: bak

District 001 Wilcox County VTD: 3151A - ROCHELLE NORTH 960200: 1116 1117 1118 1119 1120 1121 1122 1126 960300: 1000 1001 1002 1003 1056 1057 1058 960400: 2006 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 2042 2043 2053 2054 2055 2056 2057 VTD: 3152B - PINEVIEW #2 960200: 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 1074 1075 1076 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1092 1123 1134 VTD: 3153A - PITTS #3 960400: 2045 2046 2047 2052 VTD: 3154A - ROCHELLE SOUTH 960200: 1091 1097 1098 1114 1115

District 002 Wilcox County VTD: 3152A - ABBEVILLE NORTH 960100: 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 1050 1051

GEORGIA LAWS 2013 SESSION
1052 1053 1054 1055 1056 1057 1077 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1093 1094 1098 1099 1100 1101 1102 1103 1104 1156 1157 1159 1160 960200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1127 VTD: 3152B - PINEVIEW #2 960200: 1011 1012 1013 1014 1015 1016 1017 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1077 1095 1128 VTD: 3155A - ABBEVILLE SOUTH 960100: 1073 1105 1106 1107 1108 1109 1110 1118 1119 1120 1121 1124 1131 1132 1133 1136 1137 1144 1145 2015 2016 2020 2021 2033
District 003 Wilcox County VTD: 3151A - ROCHELLE NORTH 960300: 1048 VTD: 3153A - PITTS #3 960300: 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 1049 1050 1051 1052 1053 1054 1055 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 1129 1130 1131 1132 1133 1134 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 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

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1236 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 960400: 2014 2048 2049 2050 2051

District 004 Wilcox County VTD: 3152A - ABBEVILLE NORTH 960100: 1004 1035 1036 1037 1038 1039 1040 1041 1042 1047 1048 1049 VTD: 3152B - PINEVIEW #2 960200: 1093 VTD: 3153A - PITTS #3 960400: 1181 1182 1183 1184 1185 1186 1187 1188 1189 VTD: 3154A - ROCHELLE SOUTH 960200: 1094 1096 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1124 1125 1129 1130 960400: 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 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 1110 1112 1113 1114 1115 1116 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 1145 1149 1166 1167 1168 1169 1170 1171 1172 1175 1176 1177 1178 1179 1180 1190 1191 1192 1193 1194 1195 1197 1198 1199 2000 2001 2002 2003 2004 2005 2044

District 005 Wilcox County VTD: 3152A - ABBEVILLE NORTH 960100: 1058 1059 1060 1062 1063 1064 1065 1076 1078 1079

GEORGIA LAWS 2013 SESSION
VTD: 3155A - ABBEVILLE SOUTH 960100: 1043 1044 1045 1046 1061 1066 1067 1068 1069 1070 1071 1072 1074 1075 1090 1091 1092 1095 1096 1097 1111 1112 1113 1114 1115 1116 1117 1123 1125 1126 1127 1128 1129 1130 1134 1135 1138 1139 1140 1141 1142 1143 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1158 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2017 2018 2019 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 That portion of block 1122 that is not included inside the legal boundary of the Wilcox State Prison 960200: 1131 1132 1133 1135 1136 960400: 1000 1001 1002 1003 1004 1005 1006 1007 1023 1106 1107 1108 1109 1111 1117 1144 1146 1147 1148 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1173 1174 1196 1200 1201

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Wilcox County, approved March 24, 1939 (Ga. L. 1939, p. 782), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4958) so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office for 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.
Representative Buddy Harden, District 148
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Buddy Harden, 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 Cordele Dispatch which is the official organ of

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Wilcox County on March 7, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BUDDY HARDEN Buddy Harden Representative, District 148

Sworn to and subscribed before me, this 11th day of March 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

WHITFIELD COUNTY COMMUNITY IMPROVEMENT DISTRICTS; CREATION.

No. 138 (House Bill No. 573).

AN ACT

To provide for the creation of one or more community improvement districts in Whitfield County; to provide for a short title; to provide for the purposes of said districts; to provide for definitions; to provide for boards to administer said districts; to provide for appointment or election of members of said boards; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts; to provide for the debt of said districts; to provide for cooperation with local governments; to provide for powers of said boards; to provide for general obligation bonds, notes, and other obligations of said districts; to provide for the form of bonds, provisions for exchange and transfer, certificates of validation, specification of interest rates in notice to the district attorney or the Attorney General, and in notice of validation hearing, etc., and definition of terms "cost of the project" or "cost of any project" as used in bond resolutions, etc.; to provide for authorized contents of agreements and instruments of the boards generally, use of proceeds of sale of bonds, notes, etc., and subsequent issue of bonds, notes, etc.; to provide for construction; to provide that Chapter 5 of Title 10 of the O.C.G.A. shall not apply to the offer, sale, or issuance of the boards' bonds, notes, or other obligations; to provide that no notice, proceeding, publication, or referendum

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shall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Short title.

This Act shall be known and may be cited as the "Whitfield County Community Improvement Districts Act."

SECTION 2. Purpose.

The purpose of this Act shall be to provide for the creation of one or more community improvement districts within Whitfield County and within each municipality therein, and such districts shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating each district created by this Act or any supplemental resolution amending the 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; (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.

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(4) "Caucus of electors" means for each district the meeting of electors provided by this Act at which the elected board members of the district are elected. A quorum at such caucus shall consist of those electors present, and a majority of those present and voting is necessary to elect board members. No proxy votes may be cast. (5) "Cost of the project" or "cost of any project" means and includes:
(A) All costs of acquisition (by purchase or otherwise), construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; (B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; and the cost of preparation of any application therefor and the cost of all fixtures, machinery, equipment (including all transportation equipment and rolling stock), furniture, and other property used in or in connection with or necessary for any project; (C) All financing charges and loan fees and all interest on bonds, notes, or other obligations of a district which accrue or are paid prior to and during the period of construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, and architectural and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuance of any bonds, notes, or other obligations for any projects; (G) All expenses of or incidental to determining the feasibility or practicability of any project; (H) All costs of plans and specifications for any project; (I) All costs of title insurance and examinations of title with respect to any project; (J) Repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans; (K) Administrative expenses of the board and such other expenses as may be necessary or incidental to any project or the financing thereof or the placing of any project in operation; and (L) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve or such other funds or reserves as the board may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar

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instrument or agreement pursuant to the provisions of which the issuance of any bonds, notes, or other obligations of the district may be authorized. Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of proceeds of bonds, notes, or other obligations issued by the district. (6) "District" means the geographical area designated as such by the resolution of the governing body or consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body or bodies within which the district is or is to be located, or a body corporate and politic being a community improvement district created and activated pursuant thereto, as the context requires or permits. (7) "Electors" means the owners of real property within the district which is then subject to taxes, fees, and assessments levied by the board, as they appear on the most recent ad valorem real property tax return records of Whitfield 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 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 Whitfield County Board of Tax Assessors or may be apportioned among the properties subject thereto in direct or approximate proportion to the receipt of services or benefit derived from the improvements or other activities for which the taxes, fees, or assessments are to be expended or may be apportioned in any other manner or combination of manners deemed equitable by the board, including, but not limited to, the recognition of differential benefit which may reasonably be expected to accrue to new land development in contrast to lands and improvement already in existence at the time of creation of the community improvement district.

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(9) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth cleaning, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree-farming operation; it does not include the casual growing of trees on land otherwise idle or held for investment, even though some harvesting of trees may occur thereon. (10) "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. (11) "Property owner" or "owner of real property" means any entity or person shown as a taxpayer for one or more parcels of real estate on the most recent ad valorem tax records of Whitfield County within the district as certified by the Whitfield 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. (12) "Property used nonresidentially" means property or any portion thereof used for neighborhood shopping, planned shopping center, general commercial, transient lodging facilities, tourist services, office or institutional, office services, light industry, heavy industry, central business district, parking, or other commercial or business use, as well as vacant land zoned or approved for any of the uses listed in this paragraph. (13) "Taxpayer" means any entity or person paying ad valorem taxes on real property, whether one or more parcels of property within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole.

SECTION 4. Creation.

Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is created one or more community improvement districts to be located in Whitfield County, Georgia, either wholly within the unincorporated area thereof, or wholly within any municipality therein, or partly within one or more municipalities and partly within the unincorporated area thereof, each of which shall be activated upon compliance with the conditions provided in this Act and which shall be governed by a board as constituted pursuant to this Act. The conditions for such activation shall be:
(1) The adoption of a resolution consenting to the creation of each community improvement district by:

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(A) The governing authority of Whitfield County if the district is located wholly within the unincorporated area of Whitfield County, and the resolution shall impose such conditions on the projects and activities which may be undertaken as will ensure their compatibility with adopted county policies and planning for the area; (B) The governing authority of the municipality if the district is located wholly within the incorporated area of a municipality; or (C) The governing authorities of Whitfield County and any municipality in which the district is partially located if it is partially located within the unincorporated area of Whitfield County and partly within the incorporated area of any municipality; and (2) Written consent to the creation of the community improvement district by: (A) A majority of the owners of real property within the district which will be subject to taxes, fees, and assessments levied by the board of the district; 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. The written consent provided for in this paragraph shall be submitted to the Whitfield County tax commissioner who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each such proposed district. No district or board created under this Act shall transact any business or exercise any powers under this Act until the conditions of this 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.

SECTION 5. Administration, appointment, and election of board members.

(a) Each district created pursuant to this Act shall be administered by a board composed of a minimum of seven members to be appointed and elected as provided in this section. Two board members shall be appointed by the governing authority of Whitfield County, one board member shall be appointed by the governing authority of each municipality within which any portion of the district lies, and the remaining board members shall be elected by the owners of real property within the district subject to taxes, fees, and assessments levied by the board. The board shall be seven in number plus one member appointed by the governing authority of each municipality as provided above. The appointed board members shall serve at the pleasure of the governing body which appointed same, respectively. The initial elected board members shall serve for terms of office as follows: two shall serve for two years, and the remaining board members shall serve for four years. Thereafter, all terms of office shall be for four years, except the appointed members who serve at the pleasure of the governing body which appointed them.

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(b)(1) The initial board members to be elected as provided in this Act shall be elected in a caucus of electors, which shall be held within 60 days after the adoption of the resolutions and obtaining the written consents provided for in this Act at such time and place within the district as the governing authority of Whitfield County shall designate after notice thereof shall have been given to such electors by:
(A) Publishing same in the legal organ of Whitfield County as provided in this Act; and (B) Contacting each elector by United States mail at the address indicated in the property tax rolls. (2) Thereafter, there shall be conducted biennially, not later than 60 days following the last day for filing ad valorem property tax returns in Whitfield County, a caucus of such 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 the electors by: (A) Publishing notice thereof in the legal organ of Whitfield County on four dates at least 45 days, 31 days, 17 days, and ten days, respectively, prior to such election; and (B) 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. Four board members shall be elected by majority of the votes cast by the electors present and voting at the caucus, with each elector having one vote for each $1,000.00 or fraction thereof in assessed value of the property owned by the elector subject to taxes, fees, or assessments levied by the board. All vacancies to be filled through election shall be filled by majority vote in the same manner as the board member previously holding the seat. (d) The elected board members shall be subject to recall as any other elected public official by the electors defined in this Act. (e) Board members, including appointed board members, shall be electors within the district. If a board member ceases to be an elector, such board member's position shall be declared vacant as of the date of the event terminating such status. (f) The board members shall receive no compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. They shall elect one of their members as chairperson and another as vice chairperson and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may, but need not be, a member of the board.

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SECTION 6. Taxes, fees, and assessments.

(a) The board may levy taxes, fees, and assessments within the district only on real property, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia and all property used for residential, agricultural, or forestry purposes and specifically excluding tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2 1/2 percent of the aggregate assessed value of all such real property. The taxes, fees, and assessments levied by the board upon the properties shall be equitably apportioned among the properties according to the need for governmental services and facilities created by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the county or municipality as a whole. Any tax, fee, or assessment so levied shall be collected by Whitfield County in the same manner as taxes, fees, and assessments are collected by the county. Delinquent taxes shall bear the same interest and penalties as Whitfield 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 Whitfield 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 such taxes and notify in writing the collecting governing body so it may include the levy on its regular ad valorem tax bills. (c) If a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear its tax millage then extant upon such event for bonded indebtedness of the district then outstanding until such 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 authority of Whitfield County if wholly within the unincorporated area of Whitfield County and such municipalities within which the district may be partially located if partially within the unincorporated area of Whitfield County and partially within one or more municipalities, or by the governing authority of a municipality if wholly within the incorporated area thereof, as set forth in the resolutions required in Section 4 of this Act or as may thereafter be added as provided in this Act. (b) The boundaries of a district may be increased after the initial creation of a district pursuant to the following:

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(1) Written consent is first obtained from a majority of the owners of real property within the area sought to be annexed and which will be subject to taxes, fees, and assessments levied by the board of the district; (2) Written consent of owners of real property within the area sought to be annexed which constitutes at least 75 percent by value of the property which will be subject to taxes, fees, and assessments levied by the board, and for this purpose value shall be determined by the most recent approved county ad valorem tax digest; (3) The adoption of a resolution consenting to the annexation by the board of the district; and (4) The adoption of a resolution consenting to the annexation by the governing authorities of Whitfield County, if any portion of the district is or is to be in the unincorporated area of Whitfield County, and such municipalities as may have area within the district before or after the annexation.

SECTION 8. Debt.

Each district may incur debt without regard to the requirements of Article IX, Section V of the Constitution of Georgia, or any other provision of law prohibiting or restricting the 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 or any other unit of government of the State of Georgia other than the district.

SECTION 9. Cooperation with local governments.

The services and facilities provided pursuant to this Act shall be provided for in a cooperation agreement executed jointly by the board and the governing bodies of Whitfield County and any municipalities within which the district is partially located. The provisions of this section shall in no way limit the authority of Whitfield County or any such municipality to provide services or facilities within the district; and Whitfield County or such municipalities shall retain full and complete authority and control over any of their facilities located within their respective areas of any district. 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 or county. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein.

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SECTION 10. Board, district powers.

(a) Each district and its board shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, without limiting the generality of the foregoing, the power:
(1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, contracts for 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;

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(9) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; (10) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or a municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or political subdivision of the state of any facilities or services of the district, provided that such contracts shall deal with such activities and transactions as the district and any such political subdivision with which the district contracts are authorized by law to undertake; (11) To receive and use the proceeds of any tax levied by any county or any municipal corporation to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant to this Act; (12) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (13) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be to the best advantage of the district and the public purposes thereof; (14) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (15) To encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long-range plans or proposals for the district in cooperation with Whitfield County and any municipal corporations in which the district is wholly or partially located; (16) To adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (17) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; and (18) To do all things necessary or convenient to carry out the powers conferred by this Act. (b) The powers enumerated in each paragraph of this section are cumulative of and in addition to those powers enumerated in this Act; and no such power limits or restricts any other power of the board.

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SECTION 11. Bonds - generally.

(a) Notes or other obligations issued by a district, other than general obligation bonds, shall be paid solely from the property pledged to pay such notes or other obligations. General obligation bonds issued by any district shall constitute a general obligation of the district to the repayment of which the full faith, credit, and taxing power of the district shall be pledged. (b) All bonds, notes, and other obligations of any district shall be authorized by resolution of its board. (c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times but not more than 40 years from their respective dates, shall bear interest at such rate or rates which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members of the district then in office and their successors. (d) The board shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted by this Act. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) There shall be no limitation upon the interest rates of any maximum interest rate or rates on any bonds, notes, or other obligations of the district; and the usury laws of this state shall not apply to bonds, notes, or other obligations of these districts. (f) Bonds issued by a district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (g) Bonds shall bear a certificate of validation. The signature of the clerk of the Superior Court of Whitfield County may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence in any court in this state. (h) In lieu of specifying the rate or rates of interest which such bonds are to bear, and the principal amount and maturities of such 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

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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, notes, or other obligations of a district.

SECTION 12. Authorized contents of agreements and instruments of the board generally; use of
proceeds of sale of bonds, notes, etc.; subsequent issues of bonds, notes, etc.

(a) Subject to the limitations and procedures provided by this section and Section 11 of this Act, the agreements or instruments executed by a board may contain such provisions not inconsistent with law as shall be determined by such board. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by a district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted by this Act, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with this Act. (c) Issuance by a board of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other 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.; 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. No notice, proceeding, or publication, except

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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.

(a) Any district activated under the provisions of this Act may be dissolved. The conditions for such dissolution shall be:
(1) The adoption of a resolution approving of the dissolution of each community improvement district by the governing authority of Whitfield County if wholly within the unincorporated area of Whitfield County and such municipalities within which the district may be located if partially within the unincorporated area of Whitfield County and partially within one or more municipalities, or by the governing authority of a municipality if wholly within the incorporated area thereof; and (2) The written consent to the dissolution of the community improvement district by:
(A) Two-thirds of the owners of real property within the district which is subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property constituting at least 75 percent by value of all real property within the district which is to be subject to taxes, fees, and assessments levied by the board, and for this purpose value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the Whitfield County tax commissioner, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each proposed district dissolution. (b) At the official caucus of electors at which board members are to be elected in the sixth year following creation of the district, and every sixth year thereafter, the question shall be put to the electors present to dissolve the community improvement district. Upon an affirmative vote of a majority of the electors present and voting, who shall represent at least 75 percent of the votes cast on the basis of value, the board shall send a ballot to each owner of property subject to taxes, fees, and assessments levied by the board for a vote on the dissolution. Upon receipt of ballots consenting to the dissolution from a majority of the property owners, who shall represent at least 75 percent of the assessed value of such properties, the board shall request dissolution by the governing authority and shall forward such ballots to the Whitfield County tax commissioner for certification. (c) In the event that successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Following a successful dissolution action and until the dissolution becomes effective, no new projects may be undertaken, obligations or debts incurred, or property acquired. (d) Upon a successful dissolution action, all noncash assets of the district other than public facilities or land or easements to be used for such public facilities, as described in Section 2

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of this Act, shall be reduced to cash and, along with all other cash on hand, shall be applied to the repayment of any debt or other obligations of the district. Any cash remaining after all outstanding obligations are satisfied shall be refunded to each property owner in direct proportion to the total amount in taxes, fees, or assessments paid by the property relative to the total revenues paid by all properties in the district. (e) When a dissolution becomes effective, the county governing authority, or the governing authority of a municipality if wholly within the incorporated area thereof, shall take title to all property previously in the ownership of the district and all taxes, fees, and assessments of the district shall cease to be levied and collected. (f) A district may be reactivated in the same manner as an original activation.

SECTION 15. Repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced a the regular 2013 session of the General Assembly of Georgia a bill to provide for the creation of one or more community improvement districts in Whitfield County; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Dickson, who on oath deposes and says that he is the Representative from District 6 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Citizen which is the official organ of Whitfield County on March 6, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TOM DICKSON Tom Dickson Representative, District 6

Sworn to and subscribed before me, this 11th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia

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My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

CITY OF PEACHTREE CORNERS INTERGOVERNMENTAL AGREEMENTS; INCLUSION IN SERVICE DISTRICTS; ELECTIONS.

No. 139 (House Bill No. 575).

AN ACT

To amend an Act to incorporate the City of Peachtree Corners, approved May 11, 2011 (Ga. L. 2011, p. 3729), so as to change certain provisions relating to the city's ability to enter into agreements with other governmental entities; to provide for the city's inclusion to the Gwinnett County Police Service District, the Gwinnett County Fire and Emergency Medical Service District, the Gwinnett County Recreation District, and the Gwinnett County Emergency 9-1-1 System at the conclusion of the city's transition period; to clarify the city's municipal elections through the transition period; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to incorporate the City of Peachtree Corners, approved May 11, 2011 (Ga. L. 2011, p. 3729), is amended by adding a new subsection to Section 1.12 to read as follows:
"(d) Notwithstanding the limitations of subsections (b) and (c) of this section, the city may, without the necessity of a referendum, enter into agreements with other governmental entities, including federal and state agencies and other local governments, to provide for any services not currently authorized by this charter but necessary for the general health, safety, and welfare of the citizens."

SECTION 2. Said Act is further amended by adding new subsections to Section 8.11 to read as follows:
"(j)(1) At the conclusion of the transition period as defined herein, the City of Peachtree Corners shall be deemed to be a part of the existing special service district located in Gwinnett County known as the Police Service District. The participation of the City of Peachtree Corners in the Police Service District shall be subject to, and in accordance with, the existing terms and conditions of participation as established by Gwinnett County with other participating cities, including, but not limited to, those terms and

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conditions related to costs, funding, duration, and modification of services. Gwinnett County is expressly authorized to provide police services within the City of Peachtree Corners and, for the purpose of funding such services, to establish and levy a tax on property located within the City of Peachtree Corners at a millage rate that is uniform with property located in other cities and unincorporated areas participating in the Police Service District, but the millage rate shall not be counted against the 1 mill maximum imposed on taxes established and levied by the City of Peachtree Corners. (2) At the conclusion of the transition period as defined herein, the City of Peachtree Corners shall be deemed to be a part of the existing special service district located in Gwinnett County known as the Fire and Emergency Medical Service District. The participation of the City of Peachtree Corners in the Fire and Emergency Medical Service District shall be subject to, and in accordance with, the existing terms and conditions of participation as established by Gwinnett County with other participating cities, including, but not limited to, those terms and conditions related to costs, funding, duration, and modification of services. Gwinnett County is expressly authorized to provide fire and emergency medical services within the City of Peachtree Corners and, for the purpose of funding such services, to establish and levy a tax on property located within the City of Peachtree Corners at a millage rate that is uniform with property located in other cities and unincorporated areas participating in the Fire and Emergency Medical Service District, but the millage rate shall not be counted against the 1 mill maximum imposed on taxes established and levied by the City of Peachtree Corners. (3) At the conclusion of the transition period as defined herein, the City of Peachtree Corners shall be deemed to remain a part of the existing special service district known as the Gwinnett County Recreation District, approved and created by the electors of Gwinnett County by referendum held on November 4, 1986, for the purpose of establishing and maintaining a county-wide parks and recreation system. The participation of the City of Peachtree Corners in the Gwinnett County Recreation District shall be subject to, and in accordance with, the existing terms and conditions of participation as established by Gwinnett County. Gwinnett County is expressly authorized to provide recreational services within the City of Peachtree Corners and, for the purpose of funding such services, to establish and levy a tax on property located within the City of Peachtree Corners at a millage rate that is uniform with other property located in the Gwinnett County Recreation District, but the millage rate shall not be counted against the 1 mill maximum imposed on taxes established and levied by the City of Peachtree Corners. (4) At the conclusion of the transition period as defined herein, the City of Peachtree Corners shall continue to be served by Gwinnett County's Emergency 9-1-1 System for the provision of emergency 9-1-1 services, including, but not limited to, call-taking and emergency dispatch services, and shall continue to be served by the existing public safety answering points established and operated by Gwinnett County, all pursuant to the authority of the Georgia Emergency Telephone Number 9-1-1 Service Act of 1977. The

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City of Peachtree Corners shall not create or operate its own Emergency 9-1-1 System or public safety answering point and shall not impose or collect a 9-1-1 charge from suppliers of telephone services, including local exchange telephone service or other telephone communication service, wireless service, prepaid wireless service, mobile telecommunications service, computer service, Voice over Internet Protocol service, or any technology that delivers or is required by law to deliver a call to a public safety answering point. (k) Only for the purposes of holding and conducting municipal elections during the transition period, the election superintendent of Gwinnett County shall be vested with the powers and duties of the election superintendent of the City of Peachtree Corners. During the transition period, the election superintendent of Gwinnett County shall conduct all municipal elections for the City of Peachtree Corners during the 2013 election cycle. The expense of any such election, or necessary runoff, shall be borne by the City of Peachtree Corners and remitted to Gwinnett County within 60 days after any such election or runoff. It shall be the election superintendent's duty to certify the result of any election or runoff to the Secretary of State."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Peachtree Corners, approved May 11, 2011 (2011 Ga. Laws [Act No. 90], page 3729), so as to change provisions relating to the City's ability to contract with other governmental parties, including federal and state agencies and other local governments to provide for any powers not currently bestowed upon the City; to repeal conflicting laws; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Rice, who on oath deposes and says that he is the Representative from District 95 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Post which is the official organ of Gwinnett County on February 15, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TOM RICE Tom Rice Representative, District 95

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 11th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

WILCOX COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION.

No. 140 (House Bill No. 576).

AN ACT

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created the Board of Elections and Registration of Wilcox County, hereinafter referred to as "the board." The board shall have the powers, duties, and responsibilities of the superintendent of elections of Wilcox County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," currently being exercised by the judge of the Probate Court of Wilcox County, and the powers, duties, and responsibilities of the Board of Registrars of Wilcox 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," "public office," "special election," and "special primary" shall have the same meanings as set forth in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," unless otherwise clearly apparent from the text of this Act; and the term "commissioners" means the Board of Commissioners of Wilcox County, "county" means Wilcox County, and "superior court" means the Superior Court of Wilcox County.

SECTION 3. (a) The board shall be composed of five members, each of whom shall be an elector and resident of the county at the time of appointment and for at least one year prior thereto, and who shall be appointed as provided in this section. (b) One member of the board shall be appointed by the political party whose candidate for the office of Governor at the last election for such office received the highest number of votes cast for such office within the county. One member of the board shall be appointed by the political party whose candidate for the office of Governor at the last election for such office received the second highest number of votes cast for such office within the county. Three members of the board shall be appointed by the Board of Commissioners of Wilcox County. (c) One of the members appointed by the board of commissioners shall be designated as the chairperson of the board. (d) The initial appointments to the board shall be made at least 30 days prior to January 1, 2014. The initial members and their successors shall be appointed for terms of two years and until their respective successors are appointed and qualified. The term of each initial member shall commence on January 1, 2014.

SECTION 4. No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective office, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office.

SECTION 5. The Board of Commissioners of Wilcox County and the respective political parties shall certify their appointments to the board by filing an affidavit with the clerk of the superior court no later than 15 days preceding the date upon which such members are to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

SECTION 6. Each member of the board shall be eligible to serve successive terms, shall have the right to resign at any time by giving written notice of such resignation to the appointing body and to the clerk of the superior court, and shall be subject to removal from the board by the appointing body at any time, for cause, after notice and hearing, in the same manner and by the same authority as provided for the removal of registrars.

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

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

SECTION 9. (a) The board shall be authorized to organize itself, determine its procedural rules and regulations, adopt bylaws, specify policies for the functions and duties of its employees and poll workers, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. Action and decision by the board shall be by a majority of the members of the board. The chairperson of the board shall have sole authority, within the policies established by the full board, over retention, termination, and discipline of employees, as well as training of poll workers in primaries and elections, such poll workers to be appointed by the chairperson. (b) The chairperson shall be authorized to employ such full-time and part-time employees, including poll workers, as may be deemed necessary by the chairperson and as approved in the annual budget adopted by the governing authority of Wilcox County. (c) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall have regular monthly meetings. Any specially called meeting shall be called by the chairperson or any three members of the board. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review.

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

SECTION 11. Compensation for the members of the board, clerical assistants, and other employees shall be fixed by the Board of Commissioners of Wilcox County. Such compensation shall be paid wholly from county funds.

SECTION 12. The chairperson of the board shall be the chief executive officer of the board and shall generally supervise, direct, and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction.

SECTION 13. The Board of Commissioners of Wilcox County shall provide the board with such proper and suitable offices, equipment, materials, and supplies and with such clerical assistance and other employees as the Board of Commissioners of Wilcox County shall deem appropriate.

SECTION 14. On January 1, 2014, the superintendent of elections and the board of registrars 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 Wilcox County shall stand abolished. All elections conducted during 2013 shall be conducted by the superintendent of elections and the board of registrars.

SECTION 15. This Act shall become effective on July 1, 2013.

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 2013 session of the General Assembly of Georgia a bill to create a board of elections and registration for Wilcox County; to provide for related matters; and for other purposes.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Representative Buddy Harden District 148

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Buddy Harden, 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 Cordele Dispatch which is the official organ of Wilcox County on March 7, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BUDDY HARDEN Buddy Harden Representative, District 148

Sworn to and subscribed before me, this 11th day of March 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

WILCOX COUNTY BOARD OF EDUCATION; REDISTRICTING.

No. 141 (House Bill No. 577).

AN ACT

To amend an Act providing for the continued existence of the Wilcox County School District and the Wilcox County Board of Education, approved March 30, 1989 (Ga. L. 1989, p. 4452), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5789), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights

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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 continued existence of the Wilcox County School District and the Wilcox County Board of Education, approved March 30, 1989 (Ga. L. 1989, p. 4452), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5789), is amended by revising subsections (b) and (c) of Section 3 as follows:
"(b) For purposes of electing members of the board of education, Wilcox County is divided into five districts. One member of the board shall be elected from each such district. The five 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: wilcoxccsb-2013 Plan Type: local Administrator: wilcox User: bak'.
(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 Wilcox 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 Wilcox 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) All members of the board of education serving in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected and until

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

their respective successors are elected and qualified unless otherwise removed from office as provided by the Constitution and laws of this state. (b) Each member of the board of education serving in office on the effective date of this Act and elected from former Education District 1, 2, 3, 4, or 5 shall on and after said date be deemed to represent the new Education District 1, 2, 3, 4, or 5 in which he or she resides.

SECTION 3. The Board of Education of Wilcox 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: wilcoxccsb-2013 Plan Type: local Administrator: wilcox User: bak

District 001 Wilcox County VTD: 3151A - ROCHELLE NORTH 960200: 1116 1117 1118 1119 1120 1121 1122 1126 960300: 1000 1001 1002 1003 1056 1057 1058 960400: 2006 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 2042 2043 2053 2054 2055 2056 2057 VTD: 3152B - PINEVIEW #2 960200: 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 1074 1075 1076 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1092 1123 1134

GEORGIA LAWS 2013 SESSION
VTD: 3153A - PITTS #3 960400: 2045 2046 2047 2052 VTD: 3154A - ROCHELLE SOUTH 960200: 1091 1097 1098 1114 1115
District 002 Wilcox County VTD: 3152A - ABBEVILLE NORTH 960100: 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 1050 1051 1052 1053 1054 1055 1056 1057 1077 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1093 1094 1098 1099 1100 1101 1102 1103 1104 1156 1157 1159 1160 960200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1127 VTD: 3152B - PINEVIEW #2 960200: 1011 1012 1013 1014 1015 1016 1017 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1077 1095 1128 VTD: 3155A - ABBEVILLE SOUTH 960100: 1073 1105 1106 1107 1108 1109 1110 1118 1119 1120 1121 1124 1131 1132 1133 1136 1137 1144 1145 2015 2016 2020 2021 2033
District 003 Wilcox County VTD: 3151A - ROCHELLE NORTH 960300: 1048 VTD: 3153A - PITTS #3 960300: 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 1049 1050 1051 1052 1053 1054 1055 1059 1060 1061 1062 1063 1064 1065 1066 1067

4063

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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 1129 1130 1131 1132 1133 1134 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 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 960400: 2014 2048 2049 2050 2051

District 004 Wilcox County VTD: 3152A - ABBEVILLE NORTH 960100: 1004 1035 1036 1037 1038 1039 1040 1041 1042 1047 1048 1049 VTD: 3152B - PINEVIEW #2 960200: 1093 VTD: 3153A - PITTS #3 960400: 1181 1182 1183 1184 1185 1186 1187 1188 1189 VTD: 3154A - ROCHELLE SOUTH 960200: 1094 1096 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1124 1125 1129 1130 960400: 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 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

GEORGIA LAWS 2013 SESSION
1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1110 1112 1113 1114 1115 1116 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 1145 1149 1166 1167 1168 1169 1170 1171 1172 1175 1176 1177 1178 1179 1180 1190 1191 1192 1193 1194 1195 1197 1198 1199 2000 2001 2002 2003 2004 2005 2044
District 005 Wilcox County VTD: 3152A - ABBEVILLE NORTH 960100: 1058 1059 1060 1062 1063 1064 1065 1076 1078 1079 VTD: 3155A - ABBEVILLE SOUTH 960100: 1043 1044 1045 1046 1061 1066 1067 1068 1069 1070 1071 1072 1074 1075 1090 1091 1092 1095 1096 1097 1111 1112 1113 1114 1115 1116 1117 1123 1125 1126 1127 1128 1129 1130 1134 1135 1138 1139 1140 1141 1142 1143 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1158 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2017 2018 2019 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 That portion of block 1122 that is not included inside the legal boundary of the Wilcox State Prison 960200: 1131 1132 1133 1135 1136 960400: 1000 1001 1002 1003 1004 1005 1006 1007 1023 1106 1107 1108 1109 1111 1117 1144 1146 1147 1148 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1173 1174 1196 1200 1201

4065

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act providing for the continued existence of the Wilcox County School District and the Wilcox County Board of Education, approved March 30, 1989 (Ga. 1. 1989, p. 4452), as amended, particularly by an Act approved May 13,

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2002 (Ga. 1. 2002, p. 5789), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for 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.

Representative Buddy Harden, District 148

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Buddy Harden, 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 Cordele Dispatch which is the official organ of Wilcox County on March 7, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BUDDY HARDEN Buddy Harden Representative, District 148

Sworn to and subscribed before me, this 11th day of March 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

GEORGIA LAWS 2013 SESSION

4067

COLUMBIA COUNTY COUNTY HEALTH INSURANCE PROGRAM; FORMER OFFICIALS; TIME FOR VESTING.

No. 142 (House Bill No. 578).

AN ACT

To amend an Act to provide that certain officials of Columbia County who have served at least 15 years in office may, upon leaving office, continue to participate in the county health insurance program by paying the total cost of such participation, approved May 17, 2004 (Ga. L. 2004, p. 4471), as amended, so as to revise the time for vesting in such program; to provide for related matters; to provide for intent; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide that certain officials of Columbia County who have served at least 15 years in office may, upon leaving office, continue to participate in the county health insurance program by paying the total cost of such participation, approved May 17, 2004 (Ga. L. 2004, p. 4471), as amended, is amended by revising Section 1 as follows:

"SECTION 1. Members of the Board of Commissioners of Columbia County; the Clerk of the Superior Court of Columbia County; the Judge of the Probate Court of Columbia County; the Sheriff of Columbia County; the Tax Receiver, Tax Collector, and Tax Commissioner of Columbia County; the Coroner of Columbia County; and the Chief Magistrate of Columbia County shall be entitled after leaving office to continue to participate in and be covered by the health insurance plan provided by the county for county officers and employees, provided that such officer must have served at least eight years in such office and pay the total costs of such participation including both the employee and employer premiums associated with such participation. Such participation in the health insurance plan shall include coverage for the officer leaving office as well as the officer's spouse and dependents."

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 2013 session of the General Assembly of Georgia a bill to amend an Act to provide that certain officials of Columbia

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

County who have served at least 15 years in office may, upon leaving office, continue to participate in the county health insurance program by paying the total cost of such participation, approved May 17, 2004 (Ga. L. 2004, p. 4471), as amended, so as to revise the time for vesting in such program; to provide for related matters; to provide for intent; to repeal conflicting laws; and for other purposes.

GEORGIA, FULTON COUNTY

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 122 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Columbia County News-Times which is the official organ of Columbia County on March 6, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BEN HARBIN Ben Harbin Representative, District 122

Sworn to and subscribed before me, this 11th day of March 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

CITY OF CLEVELAND NEW CHARTER.

No. 143 (House Bill No. 584).

AN ACT

To provide a new charter for the City of Cleveland; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers and duties; to provide for inquiries and investigations, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and

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removal from office relative to members of such governing authority; to provide for a city administrator and mayor pro tem and certain duties, powers, and other matters relative thereto; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for elections and removals and filling of vacancies; to provide for a city clerk, a city attorney, 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 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.

This city and the inhabitants thereof, incorporated as the Town of Cleveland in an Act approved October 18, 1870 (Ga. L. 1870, p. 182), in an Act approved August 19, 1911 (Ga. L. 1911, p. 962), and incorporated as the City of Cleveland in an Act approved February 25, 1949 (Ga. L. 1949, p. 1024), as amended, and any territory subsequently added by annexation and embraced within the corporate boundaries together with the inhabitants of such area 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 Cleveland, Georgia, and by that name shall have perpetual succession.

SECTION 1.11. Corporate boundaries.

(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city

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clerk and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Cleveland, Georgia, in White County, 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. The powers of the city shall include, but not be limited to, the following:
(1) Alcoholic Beverages. The keeping for sale, selling, or offering for sale of any spirituous, vinous, malt, or fermented wines or liquors within the corporate limits of said city shall be regulated by the city as provided by law. The city council shall have power or authority to license the sale thereof, consistent with the laws of the State of Georgia, and it shall be the council's duty to enforce this by the enactment of necessary ordinances with suitable penalties for violation; (2) Animal Regulations. To regulate and license or to prohibit the keeping or running at-large of animals, reptiles, 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; (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, fire safety, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (5) Business Regulation and Taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized

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by Title 48 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (6) Cemeteries. The council shall have jurisdiction over all cemeteries belonging to or located in said city, and may provide by ordinance for a public cemetery. It may appoint such employees to superintend the care of such public cemeteries established by the city by ordinance as it deems proper. It may enact such ordinances to prevent trespass therein and to prevent any person from defacing any work therein. It may regulate the charges for grave digging, hearse fees, and any and every thing pertaining to the care and operation of such cemeteries as are established by the city by ordinance; (7) Condemnation. To condemn property, inside or outside the corporate limits of the city or any combination thereof, 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; (8) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations and with other such legal entities which may be recognized by Georgia law, including but not limited to authorities, trusts, partnerships, and limited partnerships; (9) 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; (10) 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; (11) Fire Regulations. To fix and establish fire district 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; (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 and with other such legal entities which may be recognized by Georgia law, including but not limited to authorities, trusts, partnerships, and limited partnerships residing in or doing business therein and benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collection;

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(13) General Health, Safety, and Welfare. To define, regulate, and prohibit any act or failure to act, practice, conduct, or use of property, or any combination thereof 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 the powers and duties of the city and the general welfare of its citizens, on such terms and conditions acceptable to the city which 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) Illegal and Immoral Conduct. To suppress lewdness and immoral conduct, gambling, gambling houses, and gambling contrivances of any kind; blind tigers, and places of illegal sale of liquors, wines, or opiates of all kinds or nature; houses of ill fame, bawdy houses, lewd houses, and any premises where prostitution occurs; (17) Sentences. To provide that persons given 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 detention center, 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 detention center by agreement with the appropriate county officials; (18) Motor Vehicles. To regulate the operation of motor vehicles, and to exercise control over the movement and parking of such motor vehicles upon and across the streets, roads, designated private ways, alleys, walkways, and parks and the public square of the city; (19) Municipal Agencies and Delegation of Power. To create, alter, and 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; (20) 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; (21) Municipal Property Ownership. To acquire, hold (in trust or otherwise), lease, and dispose of any real, personal, or mixed property, in fee simple or lesser interest, which property may be located inside the corporate limits of the city and to acquire, hold (in trust or otherwise), lease, and dispose of any real, personal, or mixed property, in fee simple or lesser interest which property may be located outside the corporate limits of the city; (22) Municipal Property Protection. To establish ordinances, rules, and regulations governing the use, preservation, and protection of the real, personal, and mixed property of the city, and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (23) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell, or dispose of (and any combination thereof) public utilities inside and outside the corporate limits of

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the city, (including but not limited to systems of waterworks, water distribution, sewers and drains, sewage disposal, stormwater management, wells (including, but not limited to, wells located on private property and leased by the city); 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 for such utilities inside and outside the city's corporate limits; and to provide for the withdrawal of service for refusal or failure to pay for any such utilities, regardless of whether such utilities are made available inside the city or outside the city, or inside and outside the city; (24) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (25) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (26) Planning and Zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (27) Police and Fire Protection. To exercise the power of arrest through duly appointed law enforcement officers, and to establish, operate, or contract for, in any combination, a law enforcement agency. To exercise, establish, operate, abolish, or contract for, in any combination, a firefighting agency; (28) Public Hazards: Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (29) Public Improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside and outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; (30) Public Peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (31) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial; (32) Public Utilities and Services. To grant franchises to public utilities and public service companies, or make contracts with public utilities and public service corporations, or impose taxes on public utilities and public service companies, or any combination thereof; and to prescribe the rates, fares, regulations, and standards and conditions of service

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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; (33) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (34) Retirement. To provide and maintain a retirement plan and other employee benefit plans and programs for the elected officers of the city, the employees of the city, and for any such other appointed officers of the city which the city council may designate; (35) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; 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; (36) Sewer Fees. To levy such fees, charges, and taxes as may be authorized by ordinance for the purpose of acquiring, constructing, equipping, operating, maintaining, and extending of sewage treatment plants and sewerage systems and to levy on those to whom sewers and sewerage systems are made available such service fees, charges, and taxes and for enforcing payment of the same; and to charge, impose, and collect from those seeking service from such plants and systems, such connection fees or charges for the privilege of receiving service from such plants and systems as may be authorized by ordinance; (37) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items; (38) Special Areas of Public Regulation. To regulate or prohibit junk dealers and pawn shops, 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, traveling carnivals, helicopter rides, hot air balloon rides, and shows of any kind, by taxation or otherwise; to license and tax professional fortunetelling, palmistry, and massage parlors; and to restrict adult bookstores, stores offering adult videos, and stores offering adult toys to certain areas; (39) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (40) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation;

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(41) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law; (42) Trees. To adopt and enforce ordinances for the protection and preservation of trees on the streets, public places, cemeteries, new developments, parks, and public squares in the city and to prevent the cutting, impairing, or mutilations thereof by telephone, cable, or electric light linemen or employees or any other person unless the same is done under and with the express and formal consent of the council or some other officer appointed by the council to direct the same and then only when absolutely necessary for the public service or safety; (43) Urban Redevelopment. To organize, operate, and abolish an urban redevelopment program and to define the area in which said program may operate; (44) Vehicles for Hire. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; and (45) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.13. General police powers.

The mayor and council shall have full power and authority to pass, enact, and adopt any and all ordinances they deem necessary to protect the peace, comfort, health, prosperity, and security of the city and its inhabitants, to foster good morals and virtues in said city, and to suppress any and all acts against the peace and good order.

SECTION 1.14. Fire protection.

The mayor and council shall have full power and authority to provide for fire protection, to organize, operate, maintain, and equip a fire department, either paid or volunteer, and to provide such buildings as necessary to house the same and to make, enact, pass, and adopt

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such ordinances, rules, and regulations necessary to promote the protection of the inhabitants of the city against fire or fire hazards. To condemn buildings and cause their removal when they become or are likely to become a fire hazard or fire trap or where such buildings endanger by being or becoming a fire hazard or fire trap. To pass, enact, and adopt such ordinances and procedures to enforce removal of such hazards and to promote the protection of all citizens from a fire hazard consistent with the laws of this state.

SECTION 1.15. 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 1.16. 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. Mayor and council; powers and duties of same.

(a) The mayor and council shall have full power and authority from time to time to make and establish, enact and pass, such ordinances, laws, rules, regulations, and orders as may seem right and proper, respecting all matters and things whatsoever that may by them be considered necessary or proper or incident to good government of the city and to the peace, security, health, happiness, welfare, protection or convenience of the inhabitants of said city, and for preserving the peace and good order and dignity of the city. The mayor and council shall have power to pass all ordinances, resolutions, rules, regulations, and orders as said mayor and council shall deem necessary to govern the city. The mayor and council shall have power and authority to suspend and remove all officers, agents, and employees of the city and to fix the amount of all salaries and other compensation and benefits of such officers, agents, and employees of said city.

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(b) As the chief executive of the city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Supervise all officers, agencies, and employees of the city and all work of the city; (3) Call special meetings of the city council as provided for in Section 2.20; (4) Preside at all meetings of the city council; (5) 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; (6) Have power to administer oaths and to take affidavits; (7) Sign on behalf of the city all written contracts, ordinances, and other instruments which have been approved by the council in accordance with the provisions of this charter and the ordinances adopted pursuant thereto; (8) Exercise all powers of the city administrator during all times in which said position is vacant and during all times when the city administrator has been suspended by action of the council as more specifically provided in Section 2.18; and (9) Perform such other duties as may be required by law, this charter, or by ordinance.
(c) Members of the council shall attend all regular and special meetings of the council, faithfully and diligently look after the affairs of the city; and attentively perform such services as may be required on committees and otherwise. In addition, the council shall have authority to enter into such contracts and obligations and to adopt such ordinances, resolutions, rules, and regulations not inconsistent with this charter, the Constitution, and the laws of the State of Georgia as it shall deem necessary, expedient, or helpful for the governance of the City of Cleveland and may provide for enforcement of such ordinances, resolutions, rules, and regulations by establishing the penalties for violations.

SECTION 2.11. Compensation and expenses.

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

SECTION 2.12. Mayor; council; wards; election.

(a) The municipal government of the City of Cleveland shall be vested in a mayor and four councilmembers. The city council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter. (b) The four councilmembers shall be elected by the voters of the entire city. One councilmember shall be elected from each of the four wards of the city as delineated and described in this subsection, to wit:

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Ward No. 1 shall consist of that territory embraced and lying South of the centerline of what is presently known as East Kytle Street and State Highway No. 115, and East of the centerline of what is presently known as the South Main Street and State Highway No. 11, embraced in the corporate limits of said city. Ward No. 2 shall consist of that territory embraced and lying West of the centerline of what is presently known as South Main Street and State Highway No. 11 and south of the centerline what is presently known as West Kytle Street and State Highway No. 115, embraced in the corporate limits of said city. Ward No. 3 shall consist of that territory embraced and lying North of the centerline of what is presently known as West Kytle Street and State Highway No. 115 and West of the centerline of what is presently known as North Main Street and State Highway No. 11, embraced in the corporate limits of said city. Said Ward No. 3 shall also include that part of the public square not included in the boundaries of any other ward. Ward No. 4 shall consist of that territory embraced and lying East of the centerline of what is presently known as North Main Street and State Highway No. 11 and North of the centerline of what is known as East Kytle Street and State Highway No. 115, embraced in the corporate limits of said city. (c) The mayor shall be elected by the qualified voters of the city from the city at large.

SECTION 2.13. Mayor and councilmembers; terms; qualifications.

The mayor and councilmembers serving on the effective date of this charter shall serve until the expiration of the terms for which each was elected. Their successors shall be elected at the municipal election immediately preceding expiration of such term. The mayor and members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for 12 months prior to the date of election. The mayor and each councilmember shall continue to reside within the city during the term for which elected and continue to be registered and qualified to vote in municipal elections of this city and each councilmember shall continue to reside within the ward that such member represents during that member's period of service. No person shall be eligible to hold office of mayor or councilmember if convicted of any crime involving moral turpitude. No person shall be eligible to hold the office of mayor or councilmember until having passed his or her 21st birthday.

SECTION 2.14. Organizational meeting; oath.

The city council shall hold an organizational meeting at its first meeting of the year in each even-numbered year. The meeting shall be called to order by the city clerk and the oath of

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office shall be administered to the newly elected councilmembers or mayor 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 (or affirm) that I will truly and faithfully perform the duties of the Office of Councilmember or Mayor, as applicable, for the City of Cleveland, White County, Georgia, for the ensuing term and will enforce the provisions of the Charter and all Ordinances made pursuant thereof to the best of my skill and ability, without fear or favor. I, __________, do swear (or affirm) that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof; that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am prohibited from holding by the laws of the State of Georgia; and that I am otherwise qualified to hold said office according to the Constitution of the United States and the Constitution and laws of the State of Georgia and that I will support the Constitution of the United States and this state."

SECTION 2.15. City administrator; appointment; qualifications; compensation.

(a) The city council may appoint a city administrator for an indefinite term and shall set the administrator's compensation. The administrator shall be appointed solely on the basis of executive and administrative qualifications. (b) Before taking office, the city administrator shall furnish a fidelity bond in the amount of $100,000.00, conditioned upon the faithful performance of his or her duties, with a corporation licensed to do business in this state as a surety. Such bond shall be filed with the city clerk after being approved by the mayor and council. The cost of such bond shall be paid by the city from city funds.

SECTION 2.16. Powers and duties of city administrator.

The city administrator, when duly appointed, and while acting as city administrator, shall be the chief administrative officer of the city. The administrator shall be responsible to the mayor and city council for the administration of all city affairs placed in the administrator's charge by or under this charter. The administrator shall:
(1) Appoint and, when the administrator deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the administrator appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. However, the mayor and council shall have the sole power and authority to appoint, suspend, supervise and remove, and to set the compensation of and benefits of the city attorney, judge of the municipal court, city clerk, fire chief, police chief, engineer,

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building inspector, ordinance enforcement officer, finance officer, and all department heads, and all members of boards, commissions, and authorities that the mayor and council have created or shall create or of which the city is a member. For the purposes of this section, a department head shall include, but not be limited to, the city solicitor and the municipal court public defender; (2) Direct and supervise the administration of departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city council meetings except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city administrator and have the right to take part in discussion but not vote; (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the administrator or by officers subject to the administrator's direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the city council; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council may require concerning the operations of city departments, offices and agencies subject to the administrator's direction and supervision; (8) Keep the city council fully advised as to the financial condition and future needs of the city, and make such recommendations to the city council concerning the affairs of the city as the administrator deems desirable and as the mayor and council may require; and (9) Perform other such duties as are specified in this charter or as may be required by the city council.

SECTION 2.17. Removal of city administrator.

The city council may suspend the administrator from office for a period not to exceed 45 days, or remove from office the administrator, at any time and for any reason which the city council by affirmative vote of the majority may determine, upon such terms and conditions as the city council may determine.

SECTION 2.18. Acting administrator.

(a) The council shall have the power to appoint the mayor to serve as acting administrator during the absence or disability of the administrator or during such time as the position of administrator is vacant, without limitation to the length of such appointment. For the purpose of this section, disability of the city administrator shall include being suspended from his or her duties by the mayor and council.

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(b) During any period that the mayor is appointed as and serves as acting city administrator, the mayor shall continue to exercise all powers granted to him or her as mayor. The mayor shall not be entitled to receive the salary of the city administrator for service as acting administrator. In those instances in which the mayor has been appointed acting city administrator, the mayor shall cease exercising the powers and duties of the city administrator upon the earlier of: (i) appointment of a city administrator, or (ii) upon the revocation of said acting city administrator's appointment by the council and appointment of a councilmember. (c) If, in the discretion of the council, the mayor is unable to fulfill the duties of the acting administrator for any reason, the council shall have the power to appoint a councilmember to serve as acting city administrator. Such councilmember shall continue to exercise all powers granted to a councilmember during the period that he or she is serving as acting city administrator. Said councilmember shall not be entitled to receive the salary of the administrator while serving as acting administrator. The city councilmember shall cease exercising the powers and duties of the city administrator upon the earlier of: (i) appointment by the council of a city administrator, or (ii) upon the revocation of said acting city administrator's appointment by the council and the appointment of another city councilmember to serve as acting administrator. (d) Any appointment of a city councilmember to serve as acting city administrator shall be for a period not to exceed six months. (e) The acting city administrator shall take the same oath as the city administrator but need not furnish a fidelity bond. (f) Any reference in this charter to the city administrator shall mean and include the acting city administrator.

SECTION 2.19. Mayor pro tem; selection; duties.

At its first meeting each year, by a majority vote, the city council shall elect a councilmember to serve as mayor pro tem. The mayor pro tem shall preside at all meetings of the city council when the mayor is absent. 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 councilmembers. When serving as mayor, the mayor pro tem shall not vote as a member of the council, except in order to break a tie.

SECTION 2.20. Regular, special, and emergency meetings.

(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance.

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(b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) When special circumstances occur and are so declared by the city council, it may hold a meeting with less than 24 hours' notice with the consent of a majority of the councilmembers then serving upon giving such notice of the meeting and subjects expected to be considered at the meeting as is reasonable under the circumstances, including notice to the county legal organ or a newspaper having a general circulation in the county at least equal to that of the legal organ, in which event the reason for holding the meeting within 24 hours and the nature of the notice shall be recorded in the minutes. 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. (d) 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 2.21. Quorum; voting.

(a) Two councilmembers and the mayor (three persons), shall constitute a quorum. In the event that the mayor is absent, a quorum shall consist of two councilmembers and the mayor pro tem (three persons). (b) The affirmative vote of at least two councilmembers and the mayor is required to conduct official business, and in the absence of the mayor, the affirmative vote of two councilmembers and the mayor pro tem is required to conduct business; provided, however, that in the event of a vacancy on the council, the affirmative vote of a majority of the remaining members of the council shall be sufficient to conduct business. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the minute book or journal, but any councilmember shall have the right to request a roll call vote and such vote shall be recorded in the minute book or journal. All votes required by state law to be conducted by roll call must be so conducted and recorded.

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(c) Under circumstances necessitated by emergency conditions involving public safety or the preservation of property or public services, the council may meet by means of teleconference so long as the notice required by Section 2.20 is provided and means are afforded for the public to have simultaneous access to the teleconference meeting. On any other occasion of a council meeting, and so long as a quorum is present in person, the mayor or a councilmember may participate by teleconference if necessary due to reasons of health or absence from the city so long as notice is provided and public access is provided. Absent emergency conditions or the written opinion of a physician or other health professional that reasons of health prevent the mayor's or a councilmember's physical presence, the mayor or a councilmember shall not participate by teleconference pursuant to this subsection more than twice in one calendar year. (c) An abstention by any councilmember shall be noted on the record but shall not be counted as an affirmative or negative vote.

SECTION 2.22. Rules of procedure.

(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter. The council shall keep a book of minutes, or journal, of its proceedings, which shall be a public record. (b) The mayor shall have the power and authority to appoint committees made up of councilmembers, city employees, and other persons serving the city at the pleasure of the mayor and council, in any combination thereof, for the purpose of assisting the mayor in the exercise of his or her duties as mayor and, in the event that the mayor is appointed as acting city administrator, for the purpose of assisting the mayor while acting in such capacity. The members of such committees 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 2.23. Ordinance form; procedures.

(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Cleveland" and every ordinance shall so begin. (b) An ordinance may be introduced by the mayor or any councilmember and be considered 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 the first 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.

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SECTION 2.24. Action requiring an ordinance.

The city council shall provide in its rules of procedure those actions that require adoption of an ordinance to have the force and effect of law and those actions that may be accomplished by resolution.

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 2.23(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; provided, however, that the mayor and councilmembers may waive their right to automatically receive copies of the technical regulations adopted by the city and instead elect to receive from the clerk such copies of said technical regulations as each may individually request from time to time; 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. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.

SECTION 2.26. Voting by mayor and council; signing of ordinances; duties of clerk.

(a) The mayor shall not vote on any question except in case of a tie among the members of the council casting votes. No ordinance or resolution adopted by the council shall become effective until the same shall have been approved by the mayor, unless the mayor shall fail within three days from its passage to file with the clerk of council his or her reasons for refusing to approve said ordinance or resolution. Upon the mayor filing his or her reasons for not approving the same, a meeting of the council shall be called for such time as may be requested by a majority of the council at which the clerk shall read the order of the mayor refusing to approve such ordinance or resolution. A majority of the council may pass the ordinance or resolution without approval of the mayor. In the event that no special meeting is called, the clerk shall read the order refusing to approve any ordinance or resolution at the next regular meeting of the council, which may then pass the ordinance or resolution as provided above. (b) In all cases where an ordinance or resolution has been duly adopted by a majority vote of the council or the mayor and council, and in all cases in which the mayor and council, by

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majority vote, have resolved to act by ordinance or otherwise, it shall be the duty of the mayor and all councilmembers to sign the ordinance, document, or instrument evidencing such act so resolved upon. (c) It shall be the duty of the city clerk to attest to the signatures of the mayor and councilmembers and to affix the city seal thereto. If a councilmember abstains from voting, said councilmember shall not be required to sign the ordinance, document or instrument, and the clerk shall record such abstention.

SECTION 2.27. Duties of clerk; 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. The codification maintained by such codification service with which the city may have contracted for ordinance codification services shall be a permissible substitute for such properly indexed book. (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 Cleveland, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city, and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. (d) The city may make the codification available by posting it on the Internet.

SECTION 2.28. Conflicts of interest; holding other offices.

(a) Conflict of Interest - No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:

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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 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. (b) Disclosure - Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that official shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (c) Use of Public Property - No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit or profit but shall use such property only in their capacity as an officer or employee of the city. (d) Contracts Voidable and Rescindable - Any material violation of this section which occurs with the knowledge, express or implied, of an elected official, officer, or employee of the city who is a party to a contract with the city shall render said contract voidable at the option of the city council.

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(e) Ineligibility of Elected Official - Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected. No former mayor and no former councilmember shall hold any appointive office in the city until one year after the expiration of the term for which that official was elected. (f) Political Activities of Certain Officers and Employees - No appointive officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon qualifying for or election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and council either immediately upon election or at any time such conflict may arise.

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

(a) Except as otherwise provided in this charter, the mayor and council, by ordinance, shall prescribe the functions and 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) The mayor and council shall have sole power and authority to appoint, suspend, supervise, remove, and to set the compensation of and the benefits of the city attorney, judge of the municipal court, city solicitor, and public defender of the municipal court, city clerk, finance officer, chief of police, fire chief, public works director, engineer, building inspector, ordinance enforcement officer, and all department heads, and all members of boards, commissions, and authorities that the mayor and council have created, or shall create, or of which the city is a member. (c) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. The city administrator shall not appoint, suspend, or remove any city government department head without the prior approval of the mayor and council. For the purpose of this section, a department head shall exclude those positions specified in subsection (b) of this section. (d) All appointive officers and directors of departments shall receive such compensation as set by the mayor and council. (e) There shall be a director of each department or agency who shall be its principal officer. Except as noted in subsection (c) of this section, each department director shall, subject to

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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. (f) All persons under the supervision of the city administrator, excluding those persons (legal or natural) which are identified in subsection (b) of this section, shall be nominated by the city administrator with confirmation of appointment by the city council. If the administrator or acting administrator fails to make a nomination for a vacant position, the council shall be authorized to select such officers or directors. All appointive officers, excluding those persons (legal or natural) which are identified in subsection (b) of this section, shall be employees at-will and subject to removal or suspension at any time by the city administrator unless otherwise determined by the mayor and city council. Those persons, legal or natural, who are identified in subsection (b) of this section shall serve at the pleasure of the mayor and council and be deemed employees at-will, unless otherwise provided in written agreements between such persons and the mayor and council. Said city administrator shall serve at the pleasure of the mayor and council and be deemed an employee at-will unless otherwise provided in a written agreements between said city administrator and said mayor and council. (g) The mayor and council may from time to time adopt ordinances which authorize the city administrator to appoint, suspend, supervise, remove, set the compensation of, or set the benefits of (or any combination of such actions), the following: the city attorney, judge of the municipal court, city clerk, fire chief, police chief, engineer, building inspector, ordinance enforcement officer, finance officer, city solicitor, municipal court public defender, and all department heads, and all members of boards, commissions, and authorities that the mayor and council may have created, shall create, or of which the city is a member (or any combination thereof) for such limited periods of time which said mayor and council may determine; and the mayor and council may from time to time adopt ordinances withdrawing any and all such authorizations given to said city administrator.

SECTION 3.11. Boards, commissions, and authorities.

(a) The mayor and city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the city council deems necessary, and shall by ordinance establish the composition, period of existence, duties and powers thereof. (b) All members of boards, commissions and authorities of the city shall be appointed by the mayor and 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 mayor and council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission or authority.

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(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 such member 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 the city council unless otherwise provided by law. The number of votes required to remove a board member shall be set by ordinance. (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.

ARTICLE IV ELECTIONS AND REMOVAL
SECTION 4.10. Applicability of general law.

All primaries and elections shall be held and conducted in accordance with the Georgia Election Code (Title 21, Chapter 2 of the Official Code of Georgia Annotated) as now or hereafter amended.

SECTION 4.11. Election of the city council and mayor.

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

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(c) The city council shall set and publish a qualifying fee for the offices of mayor and councilmember according to state law, of 3 percent of the total gross salary including all supplements authorized by law.

SECTION 4.12. Non-partisan elections.

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

SECTION 4.13. Vacancy; filling of vacancies.

(a) Vacancies - The office of mayor and the office of any councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office. (b) Filling of Vacancies - A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the city council or those members remaining if less than 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, 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) This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember.

ARTICLE V ADMINISTRATIVE OFFICERS
SECTION 5.10. City clerk.

(a) The mayor and city council shall appoint a city clerk and treasurer who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; and perform such other duties as may be required by the city council. (b) In addition to such duties as may be prescribed by the mayor and council or otherwise described in this charter, it shall be the duty of the clerk to attend all meetings of the council, keep a careful and accurate record of its proceedings, carefully collect all revenues due the city except such as the ordinances require to be collected by some other officer, and to faithfully account for the same, furnish to the mayor and council and the city administrator such information as may be requested by any of them, and open his or her books at any time to any citizen of the city requesting to see the same.

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SECTION 5.11. City attorney.

(a) 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; shall review such ordinances as may be required by the council; may be the prosecuting officer in the municipal court when requested by the mayor or directed by the council; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney. (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. The city attorney shall serve at the pleasure of the city council. A law firm, rather than an individual, may be designated as the city attorney.

SECTION 5.12. Removal of elected officers.

Should the mayor or any member of the council be guilty of malpractice in office, willful neglect of office, or abuse of the power conferred on such officer, or guilty of any other conduct unbecoming such an officer of the City of Cleveland, such officer shall be subject to impeachment by the mayor and council, and upon conviction, shall be removed from office.

SECTION 5.13. 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. The cost of the bond for any officer or employee of the city shall be paid by the city, from city funds.

ARTICLE VI PERSONNEL ADMINISTRATION
SECTION 6.10. Personnel policies.

All employees serve at-will and may be removed from office at any time unless otherwise provided by ordinance. The city council is authorized to adopt a pay and classification plan,

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which shall be maintained in the office of the clerk. For purposes of this section, elected and appointed officers are not considered employees.

ARTICLE VII MUNICIPAL COURT
SECTION 7.10. Creation; name.

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

SECTION 7.11. Chief judge; other judges.

(a) The municipal court shall be presided over by a chief judge and such additional 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 city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be set by council. (d) Judges serve at-will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor or partiality. The oath shall be entered upon the minutes of the city council journal.

SECTION 7.12. Convening.

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

SECTION 7.13. Jurisdiction; powers.

(a) The municipal court shall have jurisdiction and authority to try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed ten days in jail and a fine as authorized by law.

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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. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.

SECTION 7.14. Rules for court.

With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk and shall be available for public inspection.

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SECTION 7.15. 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 White County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

ARTICLE VIII FINANCE
SECTION 8.10. Property tax.

(a) All persons and corporations owning property in the City of Cleveland shall be required to make a return under oath, annually, to the board of tax assessors of said city, of all their property, real and personal, subject to taxation by said city, as of the first day of January of each year; and the books for recording the same shall be opened on the first day of January and closed on the first day of April of each year. Said property shall be returned by the property owner or his or her authorized agent, on blanks furnished for the purpose, at the fair market value thereof. (b) 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 8.11. 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.

SECTION 8.12. 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 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;

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

SECTION 8.13. Authority to contract with tax commissioner and county board of assessors.

The city council may contract with the Tax Commissioner of White County for preparation of the municipal tax digest, assessment and collection of municipal taxes, and for collection of delinquent municipal taxes as authorized in general law. The city may contract with the White County Board of Assessors in lieu of maintaining its own board of assessors.

SECTION 8.14. 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 8.12.

SECTION 8.15. 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 8.12.

SECTION 8.16. 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. 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 8.17. Service charges.

The city council by ordinance shall have the power to assess and collect fees, charges, assessments, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city. If unpaid, such charges shall be collected as provided in Section 8.12. The authority to collect fees provided in this section is in addition to and not in limitation of any authority granted by this charter for collection of fees.

SECTION 8.18. Special assessments.

The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners. If unpaid, such charges shall be collected as provided in Section 8.12. The authority to collect assessments provided in this section is in addition to and not in limitation of any other authority granted by this charter for collection of such charges.

SECTION 8.19. Construction; other taxes and fees.

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

SECTION 8.20. General obligation bonds.

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

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SECTION 8.21. Revenue bonds.

(a) 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. (b) The mayor and council shall have full power and authority to acquire, construct, reconstruct, improve and extend revenue-producing projects, systems, to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls and charges for services, facilities and commodities furnished thereby and, in anticipation of the collection of revenues, to finance the cost of construction and operation of the same and to exercise all the powers and authorities authorized by Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, the "Revenue Bond Law."

SECTION 8.22. 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 8.23. 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 municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted.

SECTION 8.24. Fiscal year.

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

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SECTION 8.25. Preparation of budgets.

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

SECTION 8.26. 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 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 pertinent comments and information. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

SECTION 8.27. Action by city council on budget.

(a) The city council may amend the operating budget proposed by the city administrator; except, that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the 30th day of June of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 8.25. (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. (d) Nothing contained in this section shall preclude the city from amending its budget so as to adapt to changing governmental needs during the budget period.

SECTION 8.28. Tax levies.

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

SECTION 8.29. 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.

SECTION 8.30. Capital budget.

(a) On or before the date fixed by the city council but no later than 30 days prior to the beginning of each fiscal year, the city administrator shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.20. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the 30th day of June of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the city administrator may submit amendments to the capital budget at any time during the fiscal year, accompanied by

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recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.

SECTION 8.31. 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 to the public, upon payment of such costs as required by the Georgia Open Records Law, Code Section 50-18-70 et seq. of the Official Code of Georgia Annotated.

SECTION 8.32. Contracting procedures.

No contract with the city shall be binding on the city unless: (a) it is in writing; (b) it is drawn by or submitted to and reviewed by the city attorney, and as a matter of course, is signed by the city attorney to indicate such drafting or review; and (c) it is made or authorized by the city council and such approval is entered in the city council minute book or journal of proceedings pursuant to Section 2.22.

SECTION 8.33. Centralized purchasing.

The city council may by ordinance establish procedures for a system of centralized purchasing for the city.

SECTION 8.34. Sale and lease of city property.

(a) The city council may sell, and convey, or lease, or grant easements and other rights in (or any combination thereof), any real, or personal, or mixed property, or any combination thereof 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.

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(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 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. Such sales shall be in accordance with the terms of contracts between such land owners and the city in accordance with the terms authorized by the city council. 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 made in accordance with such contracts and so executed and delivered shall convey the interest set forth therein, notwithstanding the fact that no public sale after advertisement was made.

SECTION 8.35. Sale of unneeded property.

The mayor and council shall have power and authority to sell any property belonging to said city which shall have become unnecessary and useless for city purposes and to make good and sufficient title to the purchaser. The mayor and council shall pass a resolution and include a statement to such effect in the official minutes and may sell such property either at public or private sale.

ARTICLE IX GENERAL PROVISIONS
SECTION 9.10. 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 9.11. 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.

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SECTION 9.12. Pending matters.

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

SECTION 9.13. 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 9.14. 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 9.15. Specific repealer.

An Act incorporating the City of Cleveland in the County of White, approved February 25, 1949 (Ga. L. 1949, p. 1024), 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 9.16. Effective date.

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

GEORGIA LAWS 2013 SESSION SECTION 9.17. 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 2013 session of the General Assembly of Georgia a bill to provide a new charter for the City of Cleveland; to provide for other matters relative to the foregoing; and for other purposes.

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 White County News which is the official organ of White County on March 7, 2013, 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 12th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

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CITY OF DAVISBORO NEW CHARTER.

No. 144 (House Bill No. 585).

AN ACT

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.

This city and the inhabitants thereof are reincorporated by the enactment and this charter and are hereby constituted and declared a body politic and corporate under the name and style City of Davisboro, 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 city hall and to be designated as the "Official Map (or Description) of the corporate limits of the City of Davisboro, 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 the city.

SECTION 1.13. Examples of powers.

(a) The powers of the city 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 the city; (3) Building regulations. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, fire safety,

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electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property inside or outside the corporate limits of the city for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are 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 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 and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose;

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

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(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, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for, or impose taxes on, public utilities and public service companies; and to prescribe the rates, fares, regulations and standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the 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 and other employee benefit plans and programs for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights-of-way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (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;

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(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 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 entertainment and novelty stores and businesses to certain areas; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. To levy and provide for assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Urban redevelopment. To organize and operate an urban redevelopment program; and (40) Other powers. To exercise and enjoy other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. (b) Forbearance in the exercise of any power of the city shall not constitute a waiver by the city to use any such power.

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.

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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 a mayor and four councilmembers. The city council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter.

SECTION 2.11. City council terms and qualifications for office.

The mayor and members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for 12 months prior to the date of election of mayor or members of the council; each shall continue to reside therein during that member's period of service and to be registered and qualified to vote in municipal elections of this city.

SECTION 2.12. Vacancy; filling of vacancies.

(a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or 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) A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the city council or those members remaining if less than 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 5.15 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. (c) This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember.

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SECTION 2.13. Compensation and expenses.

The mayor and councilmembers shall receive compensation and expenses, if any, 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) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of the official's judgment or action in the performance of those official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of the official's judgment or action in the performance of those official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which the official is engaged without proper legal authorization; or use such information to advance the financial or other private interest of 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 the official's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the official is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote on or otherwise participate in the negotiation or in the making of any contract with any business or entity in which the official or a member of his family, including any spouse, child, grandchild, parent, grandparent, or sibling, whether by consanguinity or affinity, has a financial interest. (c) 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

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councilmember who has a financial interest in any matter pending before the city council shall disclose such interest, and such disclosure shall be entered on the records of the city council, and that official shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) 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) 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) 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 the City of Davisboro 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 person was elected. (g) 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 for or election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and city council either immediately upon election or at any time such conflict may arise.
(h)(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 or her office or position. (2) Any officer or employee of the city who shall forfeit an office or position as described in paragraph (1) of this subsection, shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.

SECTION 2.15. Inquiries and investigations.

Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order

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issued in the exercise of these powers by the city council shall be punished as provided by ordinance.

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

(a) Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city. (b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations not inconsistent with this charter, 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 Davisboro and may enforce such ordinances by imposing penalties for violation thereof.

SECTION 2.17. Eminent domain.

The city council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities and any other public improvements inside or outside the city and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.

SECTION 2.18. Oath of office.

(a) The mayor and members of the city council shall subscribe to the oath of office before serving under this charter. (b) The city council shall hold an organizational meeting each January. The meeting shall be called to order by the mayor, and the oath of office shall be administered to the newly elected members by a judicial officer authorized to administer oaths and shall, to the extent that it comports with federal and state law, be as follows:
"I do solemnly (swear)(affirm) that I will faithfully perform the duties of (mayor)(councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. I am not the holder of any unaccounted for public money due this state or any

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political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of the City of Davisboro 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 Davisboro to the best of my ability without fear, favor, affection, reward, or expectation thereof."

SECTION 2.19. Regular and special meetings.

(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or at least three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting, except by unanimous consent of all members of the city council. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.

SECTION 2.20. Rules of procedure.

The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a minute book of its proceedings, which shall be a public record.

SECTION 2.21. Committees.

(a) The mayor shall have the authority to establish committees which shall be empowered to make recommendations to the city council for conducting the affairs of the city. The mayor shall appoint members for any committee so established, and committee members

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shall serve at the pleasure of the mayor. Members of the city council shall have the right to serve as ex-officio members of any committee but shall not have the right to vote on committee business. (b) Neither the mayor nor the city council is bound by any recommendation made by a committee.

SECTION 2.22. Quorum; voting.

(a) The mayor and two councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. In the absence of the mayor, three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote, and the vote shall be recorded in the minute book; 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 minute book. Except as otherwise provided in this charter, the affirmative vote of at least three councilmembers, either the mayor and two councilmembers or three councilmembers, shall be required for the city council to take any action, including but not limited to the adoption of any ordinance, resolution, or motion. (b) No member of the city council shall abstain from voting on any matter properly brought before the city council for official action except when such councilmember has a conflict of interest which is disclosed in writing prior to or at the meeting and made a part of the minutes. Any member of the city council present and eligible to vote on a matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of interest shall be deemed to have voted against the question involved.

SECTION 2.23. 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 Davisboro" and every ordinance shall so begin. (b) An ordinance may be introduced by the mayor or 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, that 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 city clerk shall distribute as soon as possible a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the city clerk and at such other public places as the city council may designate.

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SECTION 2.24. Action requiring an ordinance.

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

SECTION 2.26. 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 2.23 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 2.27 of this charter.

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

SECTION 2.27. Signing; authenticating; recording; codification; printing.

(a) All ordinances duly adopted by the city council shall be authenticated by the city clerk's signature and recorded in full in a properly indexed book kept for that purpose. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This codification shall be known and cited officially as "The Code of Ordinances of the City of Davisboro, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices 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 2.28. City manager; appointment; qualifications; compensation.

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

SECTION 2.29. 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.

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SECTION 2.30. Acting city manager.

The city manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of city manager during the city manager's temporary absence or physical or mental disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or the city manager's disability shall cease.

SECTION 2.31. Powers and duties of the city manager.

The city manager shall be the chief executive and administrative officer of the city. The city manager shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge by or under this charter. As the chief executive and administrative officer, the city manager shall:
(1) Appoint and, when the city manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the city manager appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city council meetings except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager and have the right to take part in discussion but not vote; (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the city council; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council may require concerning the operations of the city departments, offices, and agencies subject to the city manager's direction and supervision; (8) Keep the city council fully advised as to the financial condition and future needs of the city and make such recommendations to the city council concerning the affairs of the city as the city manager deems desirable; and

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(9) Perform such other duties as are specified in this charter or as may be required by the city council.

SECTION 2.32. Council's interference with administration.

Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. The city council shall act in all matters as a body, and no member shall seek individually to influence the official acts of the city manager or any other officer or employee of the city, to direct or request the appointment of any person to, or his or her removal from, any office or position of employment, or to interfere in any way with the performance of the duties by the city manager or other officers or employees.

SECTION 2.33. Election of mayor and mayor pro tempore.

The mayor shall be elected at large as provided in Section 5.11 of this charter. The mayor shall be a qualified elector of this city and shall have been a resident of the city for 12 months prior to the date of election. The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers. The compensation, if any, of the mayor shall be established in the same manner as for councilmembers. The city council shall elect from among its members a mayor pro tempore who shall act as mayor during the absence or disability of the mayor but shall only vote once on matters before the city council and, if a vacancy occurs, shall become mayor for the remainder of the expired term.

SECTION 2.34. Powers and duties of mayor.

The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, resolutions, and other instruments executed by the city which by law are required to be in writing; (5) Vote on all matters before the city council unless a conflict of interest exists; and

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(6) Perform such other duties as may be required by law, this charter, or ordinance.

SECTION 2.35. Position of mayor pro tempore.

During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore, or in the mayor pro tempore's absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by vote of three 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. When acting as mayor, the mayor pro tempore shall continue to have only one vote as a member of the council.

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

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

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SECTION 3.11. Boards, commissions, and authorities.

(a) The city council shall create by resolution or ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by resolution or 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 may provide by ordinance for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by this charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until 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 members of boards, commissions, or authorities serve at will and may be removed at any time by a vote of three members of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the city clerk.

SECTION 3.12. City attorney.

(a) The mayor and city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, and other officers and

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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. (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.

SECTION 3.13. City clerk.

The mayor and city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; attend meetings of the city council and keep minutes of its proceedings at such meetings; and perform such other duties as may be required by the city council. With the approval of the city council, the city manager may serve as the city clerk.

SECTION 3.14. City employees.

All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance. The city council shall adopt by ordinance a personnel policy and procedure manual. All employees shall be governed by the city's personnel policy and procedure manual.

ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.

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

SECTION 4.11. Chief judge; associate judge.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance.

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(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.

SECTION 4.12. Convening.

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

SECTION 4.13. Jurisdiction; powers.

(a) The municipal court shall have jurisdiction and authority to try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for each offense within its jurisdiction not exceeding a fine of $1,000.00, imprisonment for 180 days, or such fine and imprisonment; in addition to the foregoing, the municipal court may impose alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizance to ensure the presence of those charged with violations before 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 shall be issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place 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 and 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.

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(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 authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.

SECTION 4.14. Certiorari.

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

SECTION 4.15. Rules for court.

The judge shall have 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 reject any rules and regulations adopted by the judge. Any rules and regulations made or adopted by the judge shall be filed with the city clerk, shall be available for public inspection and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to such proceedings.

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

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

SECTION 5.11. Election of the city council and mayor.

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. At the municipal election preceding the expiration of such terms, and every four

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years thereafter, an election shall be held to elect a mayor and four councilmembers from the city at large for terms of four years. Terms shall begin on January 1 following the election.

SECTION 5.12. Nonpartisan elections.

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

SECTION 5.13. Election of mayor by majority.

(a) Each citizen lawfully entitled to vote shall be entitled to cast one vote for mayor. (b) The person receiving a majority of the votes cast for mayor shall be elected mayor. In the event no candidate receives a majority of the votes cast, a run-off election shall be held in accordance with Code Section 21-2-285.1 of the O.C.G.A.

SECTION 5.14. Election of city council by plurality.

(a) Each citizen lawfully entitled to vote shall be entitled to vote for up to four candidates for city council during an election. Votes cannot be combined and no citizen can cast more than one vote for any single candidate. (b) The four candidates receiving the most votes cast for city council shall be elected to the city council.

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, that if such vacancy occurs within six 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.

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SECTION 5.16. Other provisions.

Except as otherwise provided by this charter, the city council shall prescribe by ordinance 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 5.17. Removal of mayor and councilmembers.

(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 applicable laws as are or may hereafter be enacted. (b) Removal of the mayor or councilmember pursuant to subsection (a) of this section shall be accomplished by:
(1) A hearing at which an impartial panel shall render a decision. When the mayor or a councilmember is sought to be removed by the action of the city council, such mayor or councilmember 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 mayor or councilmember sought to be removed from office as provided in this section shall have the right of appeal from the decision of the impartial panel to the Superior Court of Washington County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) An order of the Superior Court of Washington County following a hearing on a complaint seeking such removal of the mayor or any councilmember brought by any resident of the City of Davisboro.

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 public purpose as determined by the city council in its discretion.

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

The city council shall establish by ordinance 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 may provide by ordinance for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.

SECTION 6.12. Occupation and business taxes.

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

SECTION 6.13. Regulatory fees; permits.

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

SECTION 6.14. Franchises.

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

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

SECTION 6.15. Service charges.

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

SECTION 6.16. Special assessments.

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

SECTION 6.17. Construction; other taxes and fees.

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

SECTION 6.18. Collection of delinquent taxes and fees.

The city council may provide generally by ordinance for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.

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SECTION 6.19. General obligation bonds.

The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of this 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 June 30 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 so long as 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 such other applicable laws as are or may hereafter be enacted.

SECTION 6.23. Fiscal year.

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

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SECTION 6.24. Preparation of budgets.

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

SECTION 6.25. Submission of operating budget to city council.

On or before a date fixed by the city council but not later than 30 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

SECTION 6.26. Action by city council on budget.

(a) The city council may amend the operating budget proposed by the city manager; except that the budget as 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 shall adopt by ordinance the final operating budget for the ensuing fiscal year not later than June 30 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 organization unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or

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

SECTION 6.27. Tax levies.

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

SECTION 6.28. Changes in appropriations.

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

SECTION 6.29. Capital budget.

(a) On or before the date fixed by the city council but no later than 30 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.25 of this charter. (b) The city council shall adopt by ordinance 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, that the city manager may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.

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SECTION 6.30. Independent audit.

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

SECTION 6.31. Contracting procedures.

No contract with the city shall be binding on the city unless it is in writing and it is made or authorized by the city council and such approval is entered in the city council minute book pursuant to Section 2.20 of this charter.

SECTION 6.32. Centralized purchasing.

The city council shall prescribe by ordinance 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 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 sale 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 provided by the city council. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey

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all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. (d) No lease or contract for sale of any interest in real or personal property owned or held by the city for governmental or other purposes shall be binding on the city unless it is in writing and is authorized by the city council with such approval entered in the city council minute book.

ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.

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

SECTION 7.11. Existing ordinances, resolutions, rules, and regulations.

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

SECTION 7.12. Pending matters.

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

SECTION 7.13. Construction.

(a) Section captions in this charter are informative only and are not 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 7.14. Specific repealer.

An Act to create and establish a new charter for the town of Davisboro, in Washington County, Georgia, approved August 21, 1916 (Ga. L. 1916, p. 659), and all amendatory Acts thereto, are repealed.

SECTION 7.15. General repealer.

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

Notice is hereby given that there will be introduced at the 2013 General Session of the General Assembly of Georgia a bill to provide a new charter for the City of Davisboro; 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, commissioners, and authorities; to provide for a city manager, a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for city contracts and purchasing; to provide for the conveyance of property and interest therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for severability; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
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 128 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Sandersville Progress which is the official organ of

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Washington County on March 6, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MACK JACKSON Mack Jackson Representative, District 128

Sworn to and subscribed before me, this 12th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

CITY OF KINGSLAND COMMUNITY IMPROVEMENT DISTRICTS; CREATION.

No. 145 (House Bill No. 586).

AN ACT

To provide for the creation of one or more community improvement districts in the City of Kingsland; to provide for a short title; to provide for the purposes of such districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment and election of members of such boards; to provide for taxes, fees, and assessments; to provide for the boundaries of such districts; to provide for debt of such districts, including bonded indebtedness; to provide for cooperation with local governments; to provide for powers of such boards; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Short title.

This Act shall be known and may be cited as the "City of Kingsland Community Improvement Districts Act of 2013."

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 Kingsland, 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 hereby, or as may be adopted by resolution of the majority of the electors and the majority of the equity electors as defined in this Act:
(1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Storm water and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation; (6) Terminal and dock facilities and parking facilities; and (7) Such other services and facilities as may be provided for by general law.

SECTION 3. Definitions.

As used in this Act, the term: (1) "Agricultural" means the growing of crops for sale or the raising of animals for sale or use, including the growing of field crops and fruit or nut trees, the raising of livestock or poultry, and the operation of dairies, horse boarding facilities, and riding stables. (2) "Board" means the governing body created for the governance of each community improvement district authorized by this Act. (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) "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;

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(B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; the cost of preparation of any application therefor; and the cost of all fixtures, machinery, equipment, including all transportation equipment and rolling stock, furniture, and other property used in or in connection with or necessary for any project; (C) All financing charges and loan fees and all interest on bonds, notes, or other obligations of a district which accrue or are paid prior to and during the period of construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, architectural, and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuances of any bonds, notes, or other obligations for any project; (G) All expenses of or incidental to determining the feasibility or practicability of any project; (H) All costs of plans and specifications for any project; (I) All costs of title insurance and examinations of title with respect to any project; (J) Repayment of any loans made for the advance payment of any part of the foregoing costs, including interest thereon and any other expenses of such loans; (K) Administrative expenses of the board and such other expenses as may be necessary for or incidental to any project or the financing thereof or the placing of any project in operation; and (L) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the board may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any bonds, notes, or other obligations of the district may be authorized. Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of bonds, notes, or other obligations issued by the district. (5) "District" means the geographical area designated as such by the resolution of the governing body consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body within which the district is or is to be located, or a body corporate and politic being a community

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improvement district created and activated pursuant hereto, as the context requires or permits. (6) "Electors" means the owners of real property used nonresidentially within the district which is subject to taxes, fees, and assessments levied by the board, as they appear on the most recent ad valorem real property tax return records of the City of Kingsland, or one officer or director of a corporate elector, one trustee of a trust which is an elector, one partner of a partnership elector, or one designated representative of an elector whose designation is made in writing. An owner of property that is subject to taxes, fees, or assessments levied by the board shall have one vote for an election based on numerical majority. An owner of multiple parcels shall have one vote, not one vote per parcel, for an election based on numerical majority. Multiple owners of one parcel shall have one vote for an election based on numerical majority which shall be cast by one of their number who is designated in writing. (7) "Equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property," with reference to taxes, fees, and assessments levied by the board, means that the burden of the taxes, fees, and assessments shall be apportioned among the properties subject thereto based upon the values established in the most recent ad valorem tax reassessment of such properties certified by the Camden County Board of Assessors having jurisdiction over the City of Kingsland; or with respect to fees and assessments, may be apportioned among the properties subject thereto in direct or approximate proportion to the receipt of services or benefits derived from the improvements or other activities for which the taxes, fees, or assessments are to be expended; or with respect to fees and assessments, may be apportioned in any other manner or combination of manners deemed equitable by the board, including, but not limited to, the recognition of differential benefits which may reasonably be expected to accrue to new land development in contrast to lands and improvements already in existence at the time of creation of the community improvement district. (8) "Equity electors" means electors who cast votes equal to each $1,000.00 value of all owned real property within the district which is then subject to taxes, fees, and assessments levied by the board. The value of real property shall be the assessed value. In the event the owner is a corporation, trust, partnership, multiple owners, or any other entity, one person shall be designated as elector, and such designation shall be made in writing. (9) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree-farming operation. It does not include the casual growing of trees on land otherwise idle or held for investment, even though some harvesting of trees may occur thereon. (10) "Project" means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements, including operation of facilities or other improvements, located or to be

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located within or otherwise providing service to the district and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement; the creation, provision, enhancement, or supplementing of public services, such as fire, police, and other services, provided that same do not conflict with or duplicate existing public services; and all for the essential public purposes set forth in Section 2 of this Act. (11) "Property owner" or "owner of real property" means any entity or person shown as a taxpayer for one or more parcels of real estate on the most recent ad valorem tax records of Camden County within the district. Ownership as shown by the most recent ad valorem real property tax records of the City of Kingsland shall be prima-facie proof of ownership. Multiple owners of one parcel shall constitute one property owner and shall designate in writing one of their number to represent the whole. (12) "Property used nonresidentially" means property or any portion thereof used for neighborhood shopping, planned shopping center, general commercial, transient lodging facilities, tourist services, office or institutional, office services, light industry, heavy industry, central business district, parking, or other commercial or business use or vacant land zoned or approved for any of the aforementioned uses which do not include residential. (13) "Residential" means a specific work or improvement undertaken primarily to provide single-family or multifamily dwelling accommodations for persons and families and such community facilities as may be incidental or appurtenant thereto. (14) "Taxpayer" means an entity or person paying ad valorem taxes on real property, whether on one or more parcels of property within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole.

SECTION 4. Creation.

Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is created one or more community improvement districts to be located wholly within the incorporated area of the City of Kingsland which shall be activated upon compliance with the conditions set forth in this section. Each district shall be governed by a board constituted by this Act. The conditions for such activation shall be:
(1) The adoption of a resolution consenting to the creation of each community improvement district by the governing authority of the City of Kingsland; and (2) The written consent to the creation of the community improvement district by:
(A) A majority of the owners of real property within the district which will be subject to taxes, fees, and assessments levied by the board of the district; and

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(B) The owners of real property within the district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the tax commissioner having jurisdiction over the City of Kingsland, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each such proposed district. No district or board created under this Act shall transact any business or exercise any powers under this Act until the conditions set forth in 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 with the Department of Community Affairs.

SECTION 5. Administration, appointment, and election of board members.

Each district created pursuant to this Act shall be administered by a board appointed by the mayor and council of the City of Kingsland. The composition of the board shall be specified in each resolution creating the respective district.

SECTION 6. Taxes, fees, and assessments.

(a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia; all property used for residential, agricultural, or forestry purposes; and all tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2.5 percent of the aggregate assessed value of all such real property. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purposes as described in Section 2 of this Act which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the county or municipality as a whole. Any tax, fee, or assessment so levied shall be collected by the City of Kingsland in the same manner as taxes, fees, and assessments are levied by the City of Kingsland. Delinquent taxes shall bear the same interest and penalties as the City of Kingsland or municipal ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection not to exceed 1 percent of such proceeds, than shall be transmitted by the City

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of Kingsland to the board and shall be expended by the board only for the purposes authorized by this Act. (b) The board shall levy the taxes, fees, and assessments in subsection (a) of this section subsequent to the report of the assessed taxable values for the current calendar year and notify in writing the collecting governing bodies so they may include the levy on their regular ad valorem tax bills. All taxes, fees, and assessments levied by the board and collected by the City of Kingsland shall be segregated, and neither the City of Kingsland nor the Camden County Tax Commissioner shall expend such funds for any purpose not authorized by the board except as authorized in subsection (a) of this section. (c) If, but for this provision, a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear its tax millage then extant upon such event for bonded indebtedness of the district then outstanding until said bonded indebtedness then outstanding is paid or refunded.

SECTION 7. Boundaries of the districts.

(a) The boundaries of each district shall be as designated as such by the governing authority of the City of Kingsland as set forth in the resolution required in Section 4 of this Act, or as may thereafter be added as provided in this Act. (b) The boundaries of a district may be increased after the initial creation of a district pursuant to the following:
(1) Written consent of a majority of the owners of real property within the area sought to be annexed and which will be subject to taxes, fees, and assessments levied by the board of the district; (2) Written consent of owners of real property within the area sought to be annexed which constitutes at least 75 percent by value of the property which will be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest; (3) The adoption of a resolution consenting to the annexation by the board of the district; and (4) The adoption of a resolution consenting to the annexation by the governing authorities of the City of Kingsland.

SECTION 8. Debt.

Except as otherwise provided in this section, each district may incur debt without regard to the requirements of Article IX, Section V of the Constitution of Georgia, or any other provision of law, prohibiting or restricting the borrowing of money or the creation of debt by political subdivisions of the State of Georgia, which debt shall be backed by the full faith

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and credit and taxing power of the district, and not the City of Kingsland. All debt shall not be an obligation of the State of Georgia, the City of Kingsland, or any other unit of government of the State of Georgia other than the district.

SECTION 9. Cooperation with local governments.

The services and facilities provided pursuant to this Act shall be provided for in a cooperation agreement executed jointly by the board and by the City of Kingsland. The provisions of this section shall in no way limit the authority of the City of Kingsland to provide services or facilities within the district; and the City of Kingsland shall retain full and complete authority and control over any of its facilities located within its respective areas of any district. Said control shall include, but not be limited to, the modification of, access to, and degree and type of services provided through or by facilities of the city. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein.

SECTION 10. Powers.

(a) Each district and its board created pursuant hereto shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, without limiting the generality of the foregoing, the power:
(1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, contracts with respect to the use of projects, and agreements with other jurisdictions or community improvement districts regarding multijurisdictional projects or services or for other cooperative endeavors to further the public purposes of the district; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (5) To finance by loan, grant, lease, or otherwise; to construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects; and to pay the cost of any project from the proceeds of the district or any other funds of the district, or from any

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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 for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; (8) To make application directly or indirectly to any federal or county government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the district's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, or county government or agency or other source; (9) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; (10) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or political subdivision of this state of any facilities or services of the district, provided that such contracts shall deal with such activities and transactions as the district and any such political subdivision with which the district contracts are authorized by law to undertake; (11) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (12) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be the best advantage of the district and the public purposes thereof; (13) 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; (14) 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 Kingsland or any municipality in which the district is partially located;

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(15) 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; (16) 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; (17) To invest its funds, whether derived from the issuance of bonds or otherwise, in such manner as it may deem prudent and appropriate, without further restriction; (18) To do all things necessary or convenient to carry out the powers conferred by this section; and (19) To provide for all such services and facilities as noted in Section 2 of this Act. (b) The powers enumerated in each paragraph of subsection (a) of this section shall be cumulative of and in addition to those powers enumerated in this section and elsewhere in this Act; and no such power shall limit or restrict any other power of the board. (c) The powers enumerated in each paragraph of subsection (a) of this section are conferred for an essential governmental function for a public purpose, and the revenues and debt of any district shall not be subject to taxation.

SECTION 11. Bonds - generally.

(a) Notes or other obligations issued by a district other than general obligation bonds shall be paid solely from the property pledged to pay such notes or other obligations. General obligation bonds issued by any district shall constitute a general obligation of the district to the repayment of which the full faith and credit and taxing power of the district shall be pledged. (b) All bonds, notes, and other obligations of any district shall be authorized by resolution of its board, adopted by a majority vote of the board members at a regular or special meeting. (c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 40 years from their respective dates, shall bear interest at such rate or rates which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members of the district then in office and their successors. (d) The board shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted by this Act. The refunding bonds may be exchanged for the

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bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) There shall be no limitation upon the interest rates or any maximum interest rate or rates on any bonds, notes, or other obligations of any district; and the usury laws of this state shall not apply to bonds, notes, or other obligations of any district. (f) Bonds issued by a district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (g) All bonds issued by a district pursuant to this Act shall be issued and validated under and in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." The signature of the clerk of the Superior Court of Camden County may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (h) In lieu of specifying the rate or rates of interest which such bonds are to bear, and the principal amount and maturities of such bonds, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest which may be fixed or may fluctuate or otherwise change from time to time and that the principal amount will not exceed and the final maturity date will not be later than as specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate which may be fixed or may fluctuate or otherwise change from time to time so specified; provided, however, that nothing in this subsection shall be construed as prohibiting or restricting the right of a board to sell such bonds at a discount, even if in doing so the effective interest cost resulting would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (i) The terms "cost of the project" and "cost of any project" shall have the meaning prescribed in this Act whenever those terms are referred to in bond resolutions of a board, in bonds, notes, or other obligations of the district, or in notices or proceedings to validate such bonds, notes, or other obligations of a district.

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SECTION 12. Authorized contents of agreements and instruments; use of proceeds of sale bonds, notes, and other obligations;
subsequent issues of obligations.

(a) Subject to the limitations and procedures provided by this section and by Section 11 of this Act, the agreements or instruments executed by a board may contain such provisions not inconsistent with law as shall be determined by the board. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by a district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted by this Act, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with this Act. (c) Issuance by a board of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the board to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. (d) In the event that any district is terminated in accordance with this Act, the board shall serve until December 31 of the year in which termination is approved for the purpose of concluding any ongoing matters and projects, but, if such cannot be concluded by December 31st, then the governing authority of the City of Kingsland shall assume the duties of the administrative board and shall be expressly authorized to exercise the authority of the administrative board.

SECTION 13. Construction; applicability of Chapter 5 of Title 10 of the O.C.G.A.;
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. No notice, proceeding, or publication except those required hereby shall be necessary to the performance of any act authorized hereby, nor shall any such act be subject to referendum.

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SECTION 14. Dissolution.

(a) Any district activated under the provisions of this Act may be dissolved. The conditions for such dissolution shall be:
(1) The adoption of a resolution approving of the dissolution of each community improvement district by the governing authority of the City of Kingsland; and (2) The written consent to the dissolution of the community improvement district by:
(A) Two-thirds of the owners of real property within the district which are subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property constituting at least 75 percent by value of all real property within the district which are subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the tax commissioner having jurisdiction over the City of Kingsland, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each proposed district dissolution. (b) In the event that successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Following a successful dissolution action and until the dissolution becomes effective, no new projects shall be undertaken, obligations or debts incurred, or property acquired. (c) Upon a successful dissolution action, all noncash assets of the district other than public facilities or land or easements to be used for such public facilities, as described in Section 2 of this Act, shall be reduced to cash and, along with all other cash on hand, shall be applied to the repayment of any debt obligation of the district. Any cash remaining after all outstanding obligations are satisfied shall be refunded to the City of Kingsland. (d) When a dissolution becomes effective, the city governing authority shall take title to all property previously in the ownership of the district, and all taxes, fees, and assessments of the district shall cease to be levied and collected. (e) A district may be reactivated in the same manner as an original activation.

SECTION 15. Severability.

In the event any section, subsection, sentence, clause, or phrase of this Act is 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

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Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

SECTION 16. Effective date.

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

SECTION 17. General repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 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 Kingsland; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ellis Black, who on oath deposes and says that he is the Representative from District 174 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Tribune & Georgian which is the official organ of Camden County on March 8, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ELLIS BLACK Ellis Black Representative, District 174
Sworn to and subscribed before me, this 12th day of March 2013.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia

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My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

DOOLY COUNTY BOARD OF EDUCATION; COMPENSATION.

No. 146 (House Bill No. 587).

AN ACT

To amend an Act to provide for the Board of Education of Dooly County, approved April 6, 1967 (Ga. L. 1967, p. 2922), as amended, so as to provide for compensation of the members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide for the Board of Education of Dooly County, approved April 6, 1967 (Ga. L. 1967, p. 2922), as amended, is amended by adding a new section to read as follows:

"SECTION 6A. Members of the Board of Education of Dooly County shall receive a per diem of $100.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside this state as a member of a committee of the board on official business first authorized by a majority of the board plus reimbursement for actual expenses necessarily incurred in connection therewith. The accounts for such service and expenses shall be submitted for approval to the local school superintendent. Such compensation shall be paid only from the local tax funds available to local boards for educational purposes."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be intorducted at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act to provide for the Board of Education of Dooly County, approved April 6, 1967 (Ga. L. 1967, p. 2922), as amended, so as to provide for

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compensation of the members of the board; 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, Patty Bentley, who on oath deposes and says that she 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 Vienna News-Observer which is the official organ of Dooly County on March 7, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ PATTY BENTLEY Patty Bentley Representative, District 139

Sworn to and subscribed before me, this 12th day of March 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

COBB COUNTY CHIEF DEPUTY SHERIFF; ASSISTANT CHIEF DEPUTY; EXECUTIVE ASSISTANT TO SHERIFF; COMPENSATION.

No. 147 (House Bill No. 588).

AN ACT

To amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved May 1, 2007 (Ga. L. 2007, p. 4151), so as to change the compensation of the chief deputy sheriff, the assistant chief deputy, and the executive assistant to the sheriff; to provide

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved May 1, 2007 (Ga. L. 2007, p. 4151), is amended by striking subsections (b), (c), and (d) of Section 5 and inserting in lieu thereof new subsections (b), (c), and (d) to read as follows:
"(b) The sheriff of Cobb County shall have one chief deputy whose salary shall be $123,356.77 per annum, to be paid in equal monthly installments from the funds of Cobb County. The chief deputy sheriff shall possess the same qualifications for office as required for the sheriff. The chief deputy shall serve at the pleasure of the sheriff. Each candidate for the office of sheriff of Cobb County shall, at the time he or she qualifies to run for the office of sheriff, designate and certify to the judge of the probate court the name of the person who shall be his or her chief deputy sheriff. In the event the office of sheriff becomes vacant by death, resignation, or otherwise, the vacancy shall be filled until the next general election by such chief deputy, who shall in such event enter upon the performance of such duties upon taking the oath of office prescribed by law for the sheriff of Cobb County. The chief deputy sheriff is authorized, when directed by the sheriff, to discharge any and all of the duties and powers of the sheriff. In addition to such chief deputy, the sheriff shall be authorized to name and appoint such additional deputies as shall be approved from time to time by the governing authority of Cobb County. The salaries of such additional deputies shall be set by the governing authority of Cobb County; provided, however, that such salaries shall not be less than $4,880.00 per annum per each additional deputy approved by the governing authority of Cobb County. In addition to the chief deputy and other deputies as provided for above, the sheriff of Cobb County shall be authorized to employ the clerical help necessary to perform properly the functions and duties of his or her office, provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County. (c) In addition to those employees provided for by subsection (b) of this section, there is created the office of assistant chief deputy sheriff for Cobb County. The assistant chief deputy sheriff shall be appointed by the sheriff, shall be under his or her direct supervision and control, and shall serve at the pleasure of the sheriff. The individual appointed by the sheriff of Cobb County shall possess, as a minimum, a high school education or its equivalent and shall either be a graduate of the Federal Bureau of Investigation's National Academy for Peace Officers, possess ten years of actual experience as a peace officer, be

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a graduate of a law school accredited by the Georgia Bar Association, be a graduate of the Southern Police Institute School of Police Management and Administration, or have a master's degree from an accredited college or university. The salary of the assistant chief deputy sheriff shall be $111,928.78 per annum, to be paid in equal monthly installments from the funds of Cobb County. (d) In addition to those employees provided for in subsections (b) and (c) of this section, there is created the position of executive assistant to the sheriff. The executive assistant shall be appointed by the sheriff, shall be under his or her direct supervision and control, and shall serve at the pleasure of the sheriff. The sheriff shall establish such qualifications, education, and experience as he or she deems necessary for the individual appointed to the position of executive assistant. The salary of the executive assistant shall be $67,277.99 per annum, to be paid in equal monthly installments from the funds of Cobb County."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia legislation to change the compensation of the chairman and board of commissioners of Cobb County, the tax commissioner of Georgia and certain employees of the tax commission; the sheriff of Cobb County and certain employees of the sheriff, the judge of the Probate Court of Cobb County, the clerk of the Probate Court of Cobb County, the clerk and chief deputy clerk of the State Court of Cobb County, the solicitor of the State Court of Cobb County, the judges of the State Court of Cobb County, the clerk and chief deputy clerk of the Superior Court of Cobb County; and the judges of the Superior Court of Cobb County; 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, Don Parsons, who on oath deposes and says that he is the Representative from District 44 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

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Cobb County on February 22, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DON PARSONS Don Parsons Representative, District 44

Sworn to and subscribed before me, this 4th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

WASHINGTON COUNTY BOARD OF EDUCATION; REDISTRICTING.

No. 148 (House Bill No. 589).

AN ACT

To amend an Act to reconstitute the Board of Education of Washington County, approved April 5, 1993 (Ga. L. 1993, p. 4652), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4447), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for method of election; 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 reconstitute the Board of Education of Washington County, approved April 5, 1993 (Ga. L. 1993, p. 4652), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4447), is amended by revising Section 2 as follows:

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"SECTION 2. (a) Those members of the Board of Education of Washington County who were serving as such on January 1, 2013, and any person selected to fill a vacancy in any such offices shall continue to serve as such members for the terms of office to which they were elected. The board shall consist of five members who, except for the chairperson, shall be elected from education districts described in this section. The chairperson shall be elected at large as provided in Section 7 of this Act. (b) Education Districts 1, 2, 3, and 4 as they existed on January 1, 2013, shall continue to be designated as Education Districts 1, 2, 3, and 4, respectively, but as newly described under this section, and, on and after the effective date of this section, 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 section. (c) For the purpose of electing the members of the board other than the chairperson, Washington County shall be divided into four education districts. One member of the board shall be elected from each such district. The 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: washingtonccsb-2013 Plan Type: Local Administrator: Washington User: Gina'.
(d)(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 Washington 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 Washington 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 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."

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SECTION 2. It shall be the duty of the attorney for the Board of Education of Washington County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.

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

Plan: washingtonccsb-2013 Plan Type: Local Administrator: Washington User: Gina

District 001 Washington County VTD: 3031350 - WARTHEN 950100: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 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 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1179 1183 1184 1185 1186 1194 1195 1196 950400: 1000 1001 1025 VTD: 30394 - DAVISBORO 950400: 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1029 1031 1032 1033 1034 1035 1036 1037 1046 1047 1048 1049 1050 1051 950500: 1062 VTD: 30397 - SANDERSVILLE 950100: 1180 1181 1182 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 1035

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1036 1037 1038 1039 1040 1041 1042 1044 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 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4016 4017 4018 950400: 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1026 1027 1028 1030 1038 1039 1040 1041 1042 1043 1044 1045 1052 1053 1054 1055 1056 1057 1060 1061 1062 1063 1065 1066 1078 1083 1084 1085 1086 1087 1088 1107 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 2023 2024 2025 2026 2027 2028 2029 2032 2033 3000 3001 3002 3003 3005 3006 3007 VTD: 30399 - DEEPSTEP

District 002 Washington County VTD: 3031253 - RIDDLEVILLE 950500: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2028 2029 2047 2048 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 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 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2168 2179 2180 2184 3096 3097 3098 3099 VTD: 3031350 - WARTHEN 950100: 1000 1001 1002 1003 1013 1014 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 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 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1187 1188 1189 1190 1191 1192 1193

GEORGIA LAWS 2013 SESSION
VTD: 30394 - DAVISBORO 950400: 1073 1074 1079 1080 1096 1097 950500: 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 1058 1059 1060 1061 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 1129 1130 1131 1132 1133 1134 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 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 2019 2020 2021 2022 2023 2030 2031 2032 2046 2049 VTD: 30397 - SANDERSVILLE 950400: 1058 1059 1064 1067 1068 1069 1070 1071 1072 1075 1076 1077 1081 1082 1089 1090 1091 1092 1093 1094 1095 1098 1099 1100 1101 1102 1103 1104 1105 1106 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 2021 2030 2031 2034 2035 2036 2037 2038 2039 2040 3016 4000 4001 4002 4003 4004 4005 4006 4007 4008 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4041 950500: 2024 2025 2026 2027 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2057
District 003 Washington County VTD: 3031253 - RIDDLEVILLE 950500: 2050 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090

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2165 2166 2167 2176 2177 2178 2181 3093 3094 3095 VTD: 3031488 - TENNILLE 950300: 2039 2047 2048 2049 2050 2051 2052 2057 2058 2085 2086 2088 950500: 2051 2052 2053 2054 2055 2056 2169 2170 2171 2172 2173 2174 2175 2182 2183 2185 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3019 3026 3027 3028 3030 3031 3216 3230 950700: 1079 1080 1081 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1099 1100 1103 1104 1112 2000 2001 2002 2003 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2019 2020 2023 2024 2025 2026 2027 2028 2029 2030 2031 2038 3000 3003 3004 3005 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 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 3091 3092 3093 3096 3097 3098 3100 3101 3102 3106 3107 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3122 3123 3124 3125 3126 3127 3128 3129 3130 3131 3132 3133 3134 VTD: 30391 - HARRISON VTD: 30397 - SANDERSVILLE 950300: 2030 2031 2032 2033 2034 2035 2036 2037 2038 2040 2041 2042 2043 2044 2045 2046 2053 2054 2055 2056 950400: 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4042 4043 950700: 3001 3002 3006 3035 3036 3037 3038 3039 3121

District 004 Washington County VTD: 3031488 - TENNILLE 950300: 2024 2026 2063 2064 2065 2066 2067 2068 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2089 2090

GEORGIA LAWS 2013 SESSION
950700: 1000 1001 1003 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1021 1022 1026 1027 1028 1029 1047 1048 1049 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 1082 1083 1084 1085 1086 1101 1102 1105 1106 1107 1108 1109 1110 1111 1122 1123 1173 1223 2004 2005 2016 2017 2018 2021 2022 2032 2033 2034 2035 2036 2037 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 3086 3087 3088 3089 3090 3094 3095 3099 3103 3104 3105 VTD: 30388 - OCONEE VTD: 30397 - SANDERSVILLE 950300: 1043 1045 1046 1047 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 1112 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 2025 2027 2028 2029 2059 2060 2061 2062 2069 2083 2084 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 4011 4012 4013 4014 4015 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 950400: 3004 3008 3009 3010 3011 3012 3013 3014 3015 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 4009 4010 950700: 1002 1004

4159

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act to reconstitute the Board of Education of Washington County, approved April 5, 1993 (Ga. L. 1993, p. 4652), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4447); 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

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District 128 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Sandersville Progress which is the official organ of Washington County on March 6, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MACK JACKSON Mack Jackson Representative, District 128

Sworn to and subscribed before me, this 12th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

POLK COUNTY BOARD OF EDUCATION; REDISTRICTING.

No. 149 (House Bill No. 590).

AN ACT

To amend an Act providing a new Board of Education for Polk County, approved March 28, 1985 (Ga. L. 1985, p. 4985), as amended, so as to revise the districts for the election of members of the Board of Education of Polk County; to provide for related matters; 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 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 Board of Education for Polk County, approved March 28, 1985 (Ga. L. 1985, p. 4985), as amended, is amended by revising Section 1 as follows:

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"SECTION 1. (a) The Board of Education of Polk County shall be composed of seven members who shall be elected as provided in this Act. For the purpose of electing members of the board, Polk County shall be divided into seven education districts which 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: polksb-2013 Plan Type: Local Administrator: Polk SB 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 Polk 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 Polk 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 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."

SECTION 2. The Board of Education of Polk County which existed on January 1, 2013, is continued in existence. The Board of Education of Polk County so continued, 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 date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 3. It shall be the duty of the Board of Education of Polk County to require the attorney therefor 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.

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

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

Plan: polksb-2013 Plan Type: Local Administrator: Polk SB User: bak

District 001 Polk County VTD: 23303 - BLOOMING GROVE VTD: 23305 - CEDARTOWN 010200: 3055 5022 5023 5024 5035 5036 010300: 2000 2001 2005 2007 2070 3022 3023 3024 3025 3026 3027 3028 3029 3032 3033 3035 3043 3044 3045 3046 3047 3048 3049 3051 010400: 3007 3008 3009 VTD: 23306 - ESOM HILL VTD: 23308 - PRIOR STATION

District 002 Polk County VTD: 23305 - CEDARTOWN 010200: 4032 4033 4034 4035 4036 4037 5032 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 010300: 3006 3007 3008 3030 3031 3034 3036 3037 3038 3039 3050 010400: 3000 3001 3002 3003 3004 3005 3006 3010 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3038 3040 3041 3042 3043 3044 3048 4000 4002 4003 4004 4005 4006 4007 4018 4019 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

GEORGIA LAWS 2013 SESSION
5025 5026 5027 5028 5029 5030 010500: 2051 2052 2053 2054 2055 2056 2057 2058 2061 2065 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 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 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 6003 6004 6005 6006 6007 6008 6009 6010 6011 6015 6016 6021 6022 6041 6042
District 003 Polk County VTD: 23305 - CEDARTOWN 010200: 1058 1060 1071 1072 1086 2078 2079 2080 2081 2082 2085 2086 2087 2088 2089 3000 3038 3039 3041 3042 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3056 3057 3058 3059 4028 4029 4030 4031 4038 4039 4048 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5025 5026 5027 5028 5029 5030 5031 5033 5034 010500: 2050 VTD: 23309 - LAKE CREEK 010200: 1020 1021 1025 1026 1027 1028 1031 1053 1054 1055 1056 1057 1059 1070 1073 1074 1075 1076 1077 1078 1079 1080 1082 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2077 2083 2084 2090 2091 2092 2093 2094 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 3040 3043 3044 3060 3061 3062 3063 3064 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016

4163

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4040 4041 4042 4043 4044 4045 4046 4047 4049 4050 4051

District 004 Polk County VTD: 23301 - ANTIOCH 010400: 1002 1003 1028 1030 1033 1035 1064 1065 010500: 1004 1005 1006 1007 1008 1016 1017 1018 1019 1020 1021 1022 1025 1026 1027 1028 1031 1034 1035 1037 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 2059 2060 2062 2063 2064 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 6000 6024 6025 6026 6027 6033 6048 VTD: 23309 - LAKE CREEK 010200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1022 1023 1024 1029 1030 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1043 1051 1052 1061 1062 1063 1064 1065 1066 1067 1068 1069 1081 1083 1084 1085 1087 2000 2001 2002 2003 2004 2005 2056 2057 2095 2096 2097 2098 2100 VTD: 23311 - YOUNGS

District 005 Polk County VTD: 23301 - ANTIOCH 010400: 1000 1001 1027 1031 1034 1036 1052 010500: 1002 1003 1009 1010 1011 1015 1023 1029 1030 1032 1033 010600: 3035 3036 3037 3038 3039 3040 3041 3042 VTD: 23304 - BROWNING VTD: 23307 - FISH CREEK 010100: 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3047 3048 3055 3056 3057 3058 3059

GEORGIA LAWS 2013 SESSION
3060 3064 3065 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 4047 4048 4049 4050 4051 4052 4053 010200: 1042 1044 1045 1046 1047 1048 1049 1050 1088 010500: 1000 1001 1012 1013 1014 1024 010600: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2046 2047 2049 2054 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 3052 3053 3057 3058
District 006 Polk County VTD: 23310 - ROCKMART 010600: 1023 1024 1025 1026 1027 1028 1029 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 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 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 2048 2050 2051 2052 2053 3028 3029 3030 3056 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 010700: 1008 1010 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1049 1051 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 2046 3025 3026 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3057 3058 3059 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 5000 5001 5002 5003 5004 5005

4165

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

District 007 Polk County VTD: 23302 - ARAGON VTD: 23307 - FISH CREEK 010100: 3009 3019 3023 3024 3025 3026 3027 3045 3046 3049 3050 3051 3052 3053 3054 3061 3062 3067 3068 3069 4000 VTD: 23310 - ROCKMART 010600: 1009 1010 1011 1012 1030 1056 1095 010700: 1000 1001 1002 1003 1004 1005 1006 1007 1009 1011 1012 1027 1028 1044 1045 1046 1047 1048 1050 1052 1053 1054 1055 1056 1057 2000 2001 2002 2003 2004 2005 2006 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 3001 3005 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3056

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act providing a new Board of Education for Polk County, approved March 28, 1985 (Ga. L. 1985, p. 4985), as amended; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Trey Kelly, 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 6, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

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4167

s/ TREY KELLY Trey Kelly Representative, District 16

Sworn to and subscribed before me, this 12th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

PIERCE COUNTY STATE COURT; JUDGE AND SOLICITOR-GENERAL; COMPENSATION.

No. 150 (House Bill No. 592).

AN ACT

To amend an Act establishing the State Court of Pierce County, approved August 15, 1911 (Ga. L. 1911, p. 210), as amended, so as to change the compensation of the judge and solicitor-general of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act establishing the State Court of Pierce County, approved August 15, 1911 (Ga. L. 1911, p. 210), as amended, is amended by striking Section 2A in its entirety and inserting in lieu thereof a new Section 2A to read as follows:

"SECTION 2A. (a) The judge of the State Court of Pierce County shall receive an annual base salary of $40,084.02 which shall be paid in equal monthly installments from the funds of Pierce County. (b) On and after the effective date of this Act, when all other county officers receive a cost-of-living increase in salary, the base salary of the judge of the State Court of Pierce

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

County provided in subsection (a) of this section plus any increases which have been received by the judge under this subsection shall be increased by the same amount or percentage as the increase received by such other county officers."

SECTION 2. Said Act is further amended by striking Section 4A in its entirety and inserting in lieu thereof a new Section 4A to read as follows:

"SECTION 4A. (a) The solicitor-general of the State Court of Pierce County shall receive an annual base salary of $38,117.80 which shall be paid in equal monthly installments from the funds of Pierce County. (b) On and after the effective date of this Act, when all other county officers receive a cost-of-living increase in salary, the base salary of the solicitor-general of the State Court of Pierce County provided in subsection (a) of this section plus any increases which have been received by the solicitor-general under this subsection shall be increased by the same amount or percentage as the increase received by such other county officers."

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 2013 Session of The Georgia General Assembly a bill to amend an act establishing the State Court of Pierce County, Georgia approved August 15, 1911 (Ga. L. 1911, page 210) as amended , so as to change the compensation of the judge and the solicitor general of said court; 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, 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 Blackshear Times which is the official organ of Pierce

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County on March 6, 2013, 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 12th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

WASHINGTON COUNTY BOARD OF COMMISSIONERS; REDISTRICTING.

No. 151 (House Bill No. 593).

AN ACT

To amend an Act creating the board of commissioners of Washington County, approved August 20, 1913 (Ga. L. 1913, p. 452), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4454), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for method of election; 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 creating the board of commissioners of Washington County, approved August 20, 1913 (Ga. L. 1913, p. 452), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4454), is amended by revising Sections 2 and 3 as follows:

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"SECTION 2. (a) For the purpose of electing the members of the board other than the chairperson, Washington County shall be divided into four commissioner districts which shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: washingtonccsb-2013 Plan Type: Local Administrator: Washington 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 Washington 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 Washington 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 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) Commissioner Districts 1, 2, 3, and 4 as they existed on January 1, 2013, shall continue to be designated as Commissioner Districts 1, 2, 3, and 4, respectively, but as newly described under this section, and, on and after the effective date of this section, 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 section. (b) Those persons serving as members of the board of commissioners of Washington County on January 1, 2013, and any persons selected to fill vacancies in such offices, shall continue to serve out their terms of office which shall expire on December 31, 2014, and upon the election and qualification of their respective successors. Those successors shall be elected at the November general election in 2014 and shall take office on January 1, 2015, and serve for terms of office of four years. Thereafter, successors to members of the board whose terms of office are to expire shall be elected at the November general election

GEORGIA LAWS 2013 SESSION

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immediately preceding the expiration of such terms, shall take office on the first day of January immediately following such election, and shall serve for terms of office of four years each. Members of the board shall serve the terms specified therefor in this Act and until their respective successors are elected and qualified. The members of the board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'"

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

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

Plan: washingtonccsb-2013 Plan Type: Local Administrator: Washington User: Gina

District 001 Washington County VTD: 3031350 - WARTHEN 950100: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 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 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1179 1183 1184 1185 1186 1194 1195 1196 950400: 1000 1001 1025 VTD: 30394 - DAVISBORO 950400: 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1029 1031 1032 1033 1034 1035 1036 1037 1046 1047 1048 1049 1050 1051 950500: 1062

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 30397 - SANDERSVILLE 950100: 1180 1181 1182 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 1035 1036 1037 1038 1039 1040 1041 1042 1044 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 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4016 4017 4018 950400: 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1026 1027 1028 1030 1038 1039 1040 1041 1042 1043 1044 1045 1052 1053 1054 1055 1056 1057 1060 1061 1062 1063 1065 1066 1078 1083 1084 1085 1086 1087 1088 1107 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 2023 2024 2025 2026 2027 2028 2029 2032 2033 3000 3001 3002 3003 3005 3006 3007 VTD: 30399 - DEEPSTEP

District 002 Washington County VTD: 3031253 - RIDDLEVILLE 950500: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2028 2029 2047 2048 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 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 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2168 2179 2180 2184 3096 3097 3098 3099 VTD: 3031350 - WARTHEN 950100: 1000 1001 1002 1003 1013 1014 1026 1027 1028 1029 1030 1031

GEORGIA LAWS 2013 SESSION
1032 1033 1034 1035 1036 1037 1038 1039 1040 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 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 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1187 1188 1189 1190 1191 1192 1193 VTD: 30394 - DAVISBORO 950400: 1073 1074 1079 1080 1096 1097 950500: 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 1058 1059 1060 1061 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 1129 1130 1131 1132 1133 1134 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 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 2019 2020 2021 2022 2023 2030 2031 2032 2046 2049 VTD: 30397 - SANDERSVILLE 950400: 1058 1059 1064 1067 1068 1069 1070 1071 1072 1075 1076 1077 1081 1082 1089 1090 1091 1092 1093 1094 1095 1098 1099 1100 1101 1102 1103 1104 1105 1106 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 2021 2030 2031 2034 2035 2036 2037 2038 2039 2040 3016 4000 4001 4002 4003 4004 4005 4006 4007 4008 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4041 950500: 2024 2025 2026 2027 2033 2034 2035 2036 2037 2038 2039 2040

4173

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

2041 2042 2043 2044 2045 2057

District 003 Washington County VTD: 3031253 - RIDDLEVILLE 950500: 2050 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2165 2166 2167 2176 2177 2178 2181 3093 3094 3095 VTD: 3031488 - TENNILLE 950300: 2039 2047 2048 2049 2050 2051 2052 2057 2058 2085 2086 2088 950500: 2051 2052 2053 2054 2055 2056 2169 2170 2171 2172 2173 2174 2175 2182 2183 2185 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3019 3026 3027 3028 3030 3031 3216 3230 950700: 1079 1080 1081 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1099 1100 1103 1104 1112 2000 2001 2002 2003 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2019 2020 2023 2024 2025 2026 2027 2028 2029 2030 2031 2038 3000 3003 3004 3005 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 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 3091 3092 3093 3096 3097 3098 3100 3101 3102 3106 3107 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3122 3123 3124 3125 3126 3127 3128 3129 3130 3131 3132 3133 3134 VTD: 30391 - HARRISON VTD: 30397 - SANDERSVILLE 950300: 2030 2031 2032 2033 2034 2035 2036 2037 2038 2040 2041 2042 2043 2044 2045 2046 2053 2054 2055 2056 950400: 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4042 4043 950700: 3001 3002 3006 3035 3036 3037 3038 3039 3121

GEORGIA LAWS 2013 SESSION
District 004 Washington County VTD: 3031488 - TENNILLE 950300: 2024 2026 2063 2064 2065 2066 2067 2068 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2089 2090 950700: 1000 1001 1003 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1021 1022 1026 1027 1028 1029 1047 1048 1049 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 1082 1083 1084 1085 1086 1101 1102 1105 1106 1107 1108 1109 1110 1111 1122 1123 1173 1223 2004 2005 2016 2017 2018 2021 2022 2032 2033 2034 2035 2036 2037 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 3086 3087 3088 3089 3090 3094 3095 3099 3103 3104 3105 VTD: 30388 - OCONEE VTD: 30397 - SANDERSVILLE 950300: 1043 1045 1046 1047 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 1112 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 2025 2027 2028 2029 2059 2060 2061 2062 2069 2083 2084 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 4011 4012 4013 4014 4015 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 950400: 3004 3008 3009 3010 3011 3012 3013 3014 3015 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 4009 4010 950700: 1002 1004

4175

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Washington County, approved August 20, 1913 (Ga. L. 1913, p. 452), as amended,

4176

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4454); 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 128 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Sandersville Progress which is the official organ of Washington County on March 6, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MACK JACKSON Mack Jackson Representative, District 128

Sworn to and subscribed before me, this 12th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

TELFAIR COUNTY BOARD OF EDUCATION; REDISTRICTING.

No. 152 (House Bill No. 596).

AN ACT

To amend an Act reapportioning the election districts of the Board of Education of Telfair County, approved April 11, 1979 (Ga. L. 1979, p. 3539), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5385), so as to redistrict the Board of Education of Telfair County; to change the description of the education districts; to provide for the continuation in office of the current members and the election of subsequent members; to provide for related matters; to provide for submission of this Act for preclearance under

GEORGIA LAWS 2013 SESSION

4177

Section 5 of the federal Voting Rights Act of 1965, as amended; 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 reapportioning the election districts of the Board of Education of Telfair County, approved April 11, 1979 (Ga. L. 1979, p. 3539), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5385), is amended by striking subsection (a) of Section 2 and inserting in its place a new subsection to read as follows:
"(a)(1) For the purpose of electing members of the board of education, the Telfair County School District shall be divided into seven education districts. Such 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: telfairsb-2013 Plan Type: Local Administrator: Telfair SB User: Gina'. (2) For 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 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 Census for the United States decennial census of 2010 for the State of Georgia; (C) Any part of the Telfair County School District which is not included in any district described in this subsection 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; and (D) Any part of the Telfair County School District which is described in this subsection 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 Telfair 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) 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 Districts 1, 2, 3, 4, 5, 6, and 7, respectively, but

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 Telfair 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 becomes effective.

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

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

Plan: telfairsb-2013 Plan Type: Local Administrator: Telfair SB User: Gina

District 001 Telfair County VTD: 271HE - HELENA 950100: 2027 2041 2046 2047 2048 2049 2050 2051 2061 2062 2063 2064 2065 2066 2067 2068 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2104 2105 2106 2107 2111 2112 3001 3002 3008 3009 3010 3011 3013 3014 3015 VTD: 271MC - MCRAE 950100: 1014 1017 1018 1020 1021 1022 1023 1024 1025 1039 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1071 1072 1073 1074 1075 1076 1077 1078 1079 1081 1082 1083 1084 1085 1088 1091 1166 1167 2069 2070 2071 2072 2074 2075 2076 2077 2078 2079 2080 2081 2108 2109 2110 2113 2114 2118 3016 3017 3072 3073 4000 4001 4002 4003 4004 4005 4006 4007 4008 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4043 4044 4045 4046 4047 4055 4056 4057 4058 4059 4060

GEORGIA LAWS 2013 SESSION
4061 4066 4067 4068 4069
District 002 Telfair County VTD: 271LU - LUMBER-CITY 950100: 1136 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1164 1169 950500: 2000 2001 2002 2003 2004 2005 2006 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2074 2075 2078 2079 2086 2087 2088 2092 3009 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 VTD: 271SC - SCOTLAND 950100: 1137 1165
District 003 Telfair County VTD: 271LU - LUMBER-CITY 950100: 1146 1147 1148 1149 1150 1151 1168 1170 1171 1172 1173 950500: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3010 VTD: 271MC - MCRAE 950100: 1009 1010 1011 1012 1013 1015 1016 1019 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1040 1041 1065 1066 1067 1068 1069 1070 1080 1086 1087 1089 1090 1097 1098 1178 1179 4064 4065 4070 4071 5045 5047 5049 5050 5052 5053 5054 5055 5056 5072 5083 5084 5085 5086 5087

4179

4180

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

That portion of block 5088 that is not included inside the legal boundary of the McRae Correctional Facility 5089 5090 5091 5092 5093 5094 5112 5113 5114 5119 5120 5121 5122 5123 5124 5125 VTD: 271SC - SCOTLAND 950100: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1026 1092 1093 1094 1095 1096 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 1138 1139 1140 1141 1142 1143 1144 1145 1163

District 004 Telfair County VTD: 271HE - HELENA 950100: 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 That portion of Block 2025 that is not included inside the legal boundary of the Telfair State Prison 2026 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2042 2043 2044 2045 2052 2053 2054 2055 2056 2057 2058 2059 2060 2073 2101 2102 2103 2115 2116 2117 2119 3000 3003 3004 3005 3006 3007 3012 3018 3020 3021 3022 3023 3024 3025 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3053 3054 3055 3056 3057 3058 3059 3117 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 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 5058 5059 5082 5095 5096 5097 5098 5099 5103 5104 5105 5106 5126 VTD: 271MI - MILAN 950200: 1000 1001 1002 1003 1004 1006 1007 1008 1009 1013 1014 1021 1022 1023 1024 1025

GEORGIA LAWS 2013 SESSION
District 005 Telfair County VTD: 271MC - MCRAE 950100: 3019 3026 3027 3028 3029 3030 3052 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 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 3118 3119 3120 3121 4009 4010 4011 4012 4013 4014 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4048 4049 4050 4051 4052 4053 4054 4062 4063 5016 5042 5043 5044 5048 5051 5066 5067 5068 5108 5109 5110 5111 5115 5116 5117 5118
District 006 Telfair County VTD: 271JA - JACKSONVILLE 950200: 2066 2067 2068 2069 2070 2071 2072 2073 2082 2083 2084 2091 2095 950500: 1011 1012 1013 1014 1015 1016 1017 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 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 2068 2069 2070 2071 VTD: 271LU - LUMBER-CITY 950500: 1008 1009 2007 2008 2009 2012 2060 2061 2062 2063 2064 2065 2066 2067 2072 2073 2076 2077 2080 2081 2082 2083 2084 2085 2089 2090 2091 VTD: 271MI - MILAN 950200: 2027 2028 2030 2032 2039 2040 2041 2042 2043 2044 2045 2046

4181

4182

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

2062 2063 2075 2087 2088 2092

District 007 Telfair County VTD: 271MC - MCRAE 950100: 1135 1174 1175 1176 1177 5046 5057 5060 5061 5062 5063 5064 5065 5069 5070 5071 5073 5074 5075 5076 5077 5078 5079 5080 5081 5100 5101 5102 5107 950200: 1052 1053 1054 1058 1059 1060 1061 1064 1080 950500: 1000 1001 1002 1003 1004 1005 1006 1007 1010 1018 VTD: 271MI - MILAN 950200: 1005 1010 1011 1012 1015 1016 1017 1018 1019 1020 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 1055 1056 1057 1062 1063 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 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 2029 2031 2033 2034 2035 2036 2037 2038 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2064 2065 2074 2076 2077 2078 2079 2080 2081 2085 2086 2089 2090 2093 2094 2096

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act reapportioning the election districts of the Board of Education of Telfair County, approved April 11, 1979 (Ga. L. 1979, p. 3539), as amended; and for other purposes.
Lenard F. Harrelson Jr., J.D. Superintendent Telfair County Schools 212 W. Huckabee St. McRae, Ga. 31055 229-868-5661

GEORGIA LAWS 2013 SESSION

4183

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 149 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Telfair Enterprise which is the official organ of Telfair County on February 20, 1013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JIMMY PRUETT Jimmy Pruett Representative, District 149

Sworn to and subscribed before me, this 12th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

CITY OF SCOTLAND MAYOR AND COUNCIL; TERMS OF OFFICE; NONBINDING ADVISORY REFERENDUM.

No. 153 (House Bill No. 597).

AN ACT

To provide for a nonbinding, advisory referendum for the purpose of ascertaining whether the General Assembly should enact legislation authorizing the City of Scotland to select its mayor and city councilmembers to serve for four-year terms; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for preclearance; to provide for related matters; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. (a) It is the purpose of this Act to provide for a nonbinding, advisory referendum for the purpose of ascertaining whether the General Assembly should enact legislation authorizing the City of Scotland to select its mayor and city councilmembers to serve for four-year terms instead of the current two-year terms. (b) It is found, determined, and declared that the holding of the nonbinding, advisory referendum provided for in this Act is:
(1) In all respects for the benefit of the people of the City of Scotland; (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 municipal election superintendent of the City of Scotland 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 the City of Scotland to determine whether a majority of said electors want the General Assembly to enact legislation authorizing the City of Scotland to select its mayor and councilmembers to serve for four-year terms. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2013, 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 Telfair County. The ballot shall have written or printed thereon the words:

( ) YES ( ) NO

"NONBINDING ADVISORY REFERENDUM Should the General Assembly enact legislation authorizing the City of Scotland to select its mayor and city councilmembers to serve for four-year terms?"

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 the City of Scotland. 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 on partially within the City of Scotland.

SECTION 3. The Scotland City Council 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.

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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 2013 session of the General Assembly of Georgia a bill to provide for a nonbinding, advisory referendum for the purpose of ascertaining whether the General Assembly should enact legislation authorizing the City of Scotland to select its mayor and city councilmembers to serve for four-year terms; to provide for related matters; 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 149 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Telfair Enterprise which is the official organ of Telfair County on February 27, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JIMMY PRUETT Jimmy Pruett Representative, District 149

Sworn to and subscribed before me, this 12th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SUMTER COUNTY STATE COURT; JUDGE; COMPENSATION; PRACTICE OF LAW.

No. 154 (House Bill No. 653).

AN ACT

To amend an Act creating the State Court of Sumter County, formerly the Civil and Criminal Court of Sumter County, approved November 22, 1900 (Ga. L. 1900, p. 93), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 3039), and by an Act approved March 26, 1980 (Ga. L. 1980, p. 4247), so as to change the compensation of the judge of such court; to change the provisions regarding the practice of law by such judge; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the State Court of Sumter County, formerly the Civil and Criminal Court of Sumter County, approved November 22, 1900 (Ga. L. 1900, p. 93), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 3039), and by an Act approved March 26, 1980 (Ga. L. 1980, p. 4247), is amended by revising Section 5A as follows:

"SECTION 5A. The salary of the judge of the State Court of Sumter County shall be not less than $17,000.00 per annum, payable in biweekly installments from the funds of Sumter County."

SECTION 2. Said Act is further amended by revising Section 43 as follows:

"SECTION 43. The judge of the state court may engage in the private practice of law in other courts but shall not practice in his or her own court or appear in any matter as to which that judge has exercised any jurisdiction. It shall be unlawful for the judge of the state court to give advice or counsel to any person on any matter of any kind whatsoever which is directly or indirectly in his or her own court, except such advice or counsel as he or she is called upon to give while performing his or her duties as state court judge."

SECTION 3. 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 2013 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Sumter County, formerly the Civil and Criminal Court of Sumter County, approved November 22, 1900 (Ga. L. 1900, p. 93), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 3039), and by an Act approved March 26, 1980 (Ga. L. 1980, p. 4247), so as to change the compensation of the judge of such court; to change the provisions regarding the practice of law by such judge; to provide for related matters; and for other purposes.

Representative Mike Cheokas District 138

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Cheokas, who on oath deposes and says that he is the Representative from District 138 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Americus Times-Recorder which is the official organ of Sumter County on March 14, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MIKE CHEOKAS Mike Cheokas Representative, District 138

Sworn to and subscribed before me, this 21st day of March 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

COBB COUNTY TAX COMMISSIONER'S OFFICE; CERTAIN EMPLOYEES; COMPENSATION.

No. 155 (House Bill No. 641).

AN ACT

To amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3725), so as to change the compensation of certain employees of such office; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3725), is amended by revising Section 3 as follows:

"SECTION 3. (a) The tax commissioner shall receive a minimum annual salary as provided by Code Section 48-5-183 of the O.C.G.A. plus a supplement in the amount of $3,687.00, to be paid in equal monthly installments from county funds. The tax commissioner shall be allowed one chief clerk whose annual salary shall be paid in equal monthly installments from the funds of the county treasury. The annual salary for the chief clerk shall be $100,384.21. Any candidate for the office of tax commissioner of Cobb County shall, on the date of qualifying for such office in either a primary or a general election, certify to the judge of the Probate Court of Cobb County the name of the person the candidate shall appoint as chief clerk in the event he or she is elected to the office of tax commissioner of Cobb County; and the person so named shall serve as the chief clerk during the term for which he or she was so named. In the event of the death or removal from office of said chief clerk, the tax commissioner of Cobb County shall have 30 days from said date of death or removal from office of said chief clerk to certify to the judge of the Probate Court of Cobb County the name of the chief clerk to be appointed. (b) In addition to those employees provided for in subsection (a) of this section, there is created the position of executive secretary to the tax commissioner. The executive secretary shall be appointed by the tax commissioner, shall be under the tax commissioner's direct supervision and control, and shall serve at the pleasure of the tax commissioner. The tax commissioner shall establish such qualifications, education, and experience as he or she

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deems necessary for the individual appointed to the position of executive secretary. The salary of the executive secretary shall be $55,227.64 per annum, to be paid in equal monthly installments from the funds of Cobb County. (c) In addition to those employees provided for in subsections (a) and (b) of this section, there is created the position of administrative specialist in the office of the tax commissioner. The administrative specialist shall be appointed by the tax commissioner, shall be under the tax commissioner's direct supervision and control, and shall serve at the pleasure of the tax commissioner. The tax commissioner shall establish such qualifications, education, and experience as he or she deems necessary for the individual appointed to the position of administrative specialist. The salary of the administrative specialist shall be $55,162.97 per annum, to be paid in equal monthly installments from the funds of Cobb County."

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

Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia legislation to change the compensation of the chairman and board of commissioners of Cobb County, the tax commissioner of Georgia and certain employees of the tax commission; the sheriff of Cobb County and certain employees of the sheriff; the judge of the Probate Court of Cobb County, the clerk of the Probate Court of Cobb County, the clerk and chief deputy clerk of the State Court of Cobb County, the solicitor of the State Court of Cobb County, the judges of the State Court of Cobb County, the clerk and chief deputy clerk of the Superior Court of Cobb County, and the judges of the Superior Court of Cobb County; 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, Don Parsons, who on oath deposes and says that he is the Representative from District 44 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on February 22, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DON PARSONS Don Parsons Representative, District 44

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 12th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

CITY OF GLENNVILLE CITY COUNCIL; REDISTRICTING.

No. 156 (House Bill No. 640).

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 28, 1985 (Ga. L. 1985, p. 4756), so as to change the description of the wards; 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 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 28, 1985 (Ga. L. 1985, p. 4756), is amended by revising subsection (a) of Section 34 as follows:
"(a)(1) For the purpose of electing members of the council, the City of Glennville shall be divided into four wards which shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: glennville-import-2013 Plan Type: local Administrator: glennville User: bak'. (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

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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 City of Glennville which is not included in any district described in paragraph (1) of this subsection 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 City of Glennville which is described in paragraph (1) of this subsection 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 City Council of the City of Glennville 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) Wards 1, 2, 3, and 4, as they existed immediately prior to the effective date of this Act, shall continue to be designated as Wards 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 council serving from those former wards shall be deemed to be serving from and representing their respective wards as newly described under this Act.

SECTION 3. The governing authority of the City of Glennville 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.

Plan:glennville-import-2013 Plan Type: local Administrator:glennville User: bak

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District 001 Tattnall County VTD: 2676 - BIRDFORD 950300: 1231 1232 1234 1235 1247 1251 1273 VTD: 2677 - EAST GLENNVILLE 950300: 3002 3005 3008 3009 VTD: 2678 - DISTRICT IV 950300: 2058 2061 2085 2086 2087 2088 2089 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 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 4032

District 002 Tattnall County VTD: 2677 - EAST GLENNVILLE 950300: 3015 3016 3017 3018 3019 3020 3021 3022 3038 3039 3040 3041 3042 3043 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 4025 4026 4027 4028 4029 4030 4031

District 003 Tattnall County VTD: 2677 - EAST GLENNVILLE 950300: 3046 3047 3048 3049 3050 3051 3052 3053 3079 3080 3084 3085 3086 3087 3088 3089 950400: 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 4041 4049 4051 4052 4053 4054 4055 4060 VTD: 2678 - DISTRICT IV 950400: 3022 3023 3026 3027

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District 004 Tattnall County VTD: 2677 - EAST GLENNVILLE 950400: 4034 4035 4036 4037 4039 4040 4042 4044 4045 4046 VTD: 2678 - DISTRICT IV 950400: 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3015 3016 3017 3018 3019 3020 3021 3024 3025 3028 3029 3030 3031 3032 3033 3034 3035 3038 3039 3049

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2013 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, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4756), so as to change the description of the wards; 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 fo 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, Delvis Dutton, 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 Tattnall Journal which is the official organ of Tattnall County on March 14, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DELVIS DUTTON Delvis Dutton Representative, District 157

Sworn to and subscribed before me, this 20th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia

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My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

CITY OF POWDER SPRINGS NEW CHARTER.

No. 157 (House Bill No. 634).

AN ACT

To amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, so as to provide for city council terms and qualifications for office; to provide for election of the city council and mayor; to provide for the powers and duties of the city manager; to provide for the qualifications of the municipal court judges; to provide for a code of ethics; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, by striking Section 1.01 through Section 7.15 in their entirety and inserting in lieu thereof the following:

"ARTICLE I INCORPORATION AND POWERS.
SECTION 1.10. Incorporation.

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

SECTION 1.11. Corporate boundaries.

(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter and as may be annexed from time to time.

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(b) Alterations may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map to be retained permanently in the office of the city clerk and to be designated 'Official Map of the Corporate Limits of the City of Powder Springs, Georgia.' Photographic, typed, or other copies of such map certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map. (c) The mayor and city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

SECTION 1.12. Powers and construction.

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

SECTION 1.13. Examples of power.

The powers of the city 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 the same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (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 regulations. To regulate and 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 and provide for enforcement of the same; (4) Business regulation and taxation. To levy and 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 license fees and

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taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees and provide for enforcement of the same; (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 the O.C.G.A. or such other 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) Electronic media. To install Wi-Fi or other electronic media capabilities, including the authority to construct, operate, and maintain the same, and to sell or market advertising to defray the cost related thereto; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and 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 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; (10) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (11) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (12) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (13) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (14) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards;

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(15) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and squares of the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (16) 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, and to have the authority to regulate and enforce ordinances relating to junk or abandoned vehicles; (17) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (18) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (19) Municipal property ownership. To acquire, dispose of, 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 the same by the public; and to prescribe penalties and punishment for violations thereof; (21) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; (22) Nuisances. To define a nuisance and provide for its abatement and to adopt regulations related thereto and enforcement of the same, 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; to provide subdivision regulation and development standards; and to enforce the same as the mayor and city council deem necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (25) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police or fire-fighting agency;

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(26) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (27) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide for any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; to provide storm-water facilities, including, but not limited to, regional detention facilities and treatment plants; to provide for the financing, designing, construction, maintenance, and funding related to any of the improvements in this paragraph; and for such purposes, property may be acquired by condemnation under the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (28) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (29) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (30) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (31) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (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; 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; (34) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to

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provide for the manner and method of collecting such service charge and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees from those connected with the system; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items; (36) Special areas of public regulation. To regulate junk dealers, pawnshops, 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; and to license, tax, or regulate professional fortune telling, palmistry, adult bookstores, and massage parlors; (37) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvements; (38) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (39) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law; (40) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (41) Urban redevelopment. To organize and operate an urban redevelopment program; and (42) Other powers. To establish 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, but not limited to, 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
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 mayor and five councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter.

SECTION 2.11. City council terms and qualifications for office.

Except as otherwise provided in this charter, the mayor and members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of the city for a period of 12 months immediately prior to the date of his or her qualifying for the office of mayor or member of the city council; and the mayor or councilmember shall continue to reside therein during his or her period of service and to be registered and qualified to vote in municipal elections of the city.

SECTION 2.12. Vacancies; filling of vacancies.

(a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in this charter.

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SECTION 2.13. Compensation and expenses.

The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance, subject to Georgia law.

SECTION 2.14. Code of ethics.

(a) It is the policy of the city that the proper operation of democratic government requires that public officials be independent, impartial, and responsible to the people; that governmental decisions and policy be made in proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, a code of ethics for all city officials is adopted. (b) This code has the following purposes:
(1) To encourage high ethical standards in official conduct by city officials; (2) To establish guidelines for ethical standards of conduct for all such officials by setting forth those acts or actions that are incompatible with the best interest of the city; (3) To require disclosure by such officials of private financial or other interest in manners affecting the city; and (4) To serve as a basis for disciplining those who refuse to abide by its terms. The provisions of this section shall not apply to political contributions, loans, expenditures, reports, or regulation of political campaigns or the conduct of candidates in such campaigns. (c) The provisions of this code of ethics shall be applicable to the mayor, all members of the city council, planning and zoning commission, all advisory commissions, committee members, and staff. (d) As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended: (1) 'City official' or 'official,' unless otherwise expressly defined, means the mayor, members of the city council, municipal court judges including substitute judges, city manager, assistant city managers, city clerk, deputy city clerks, and all other persons holding positions designated by the city charter, as it may be amended from time to time, whether such person is salaried, hired, or elected. City official, unless otherwise expressly defined, includes individuals appointed by the mayor and city council to all city commissions, committees, boards, or other city bodies unless specifically exempted from this section by the city council. (2) 'Decision' means any ordinance, resolution, contract, franchise, formal action, or other matter voted on by the city council or other city board or commission, as well as the

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discussions or deliberations of the city council, board, or commission which can or may lead to a vote or formal action by such body. (3) 'Discretionary authority' means the power to exercise any judgment in a decision or action. (4) 'Entity' means a sole proprietorship, partnership, limited partnership, firm, corporation, professional corporation, holding company, joint stock company, receivership, trust, or any other entity recognized by law through which business may be conducted. (5) 'Immediate family' means spouse, mother, father, brother, sister, son, or daughter of any city official or staff. (6) 'Incidental interest' means an interest in a person, entity, or property which is not a substantial interest. (7) 'Remote interest' means an interest in a person or entity, including a city official or staff, which would be affected in the same way as the general public. (8) 'Substantial interest' means a known interest, either directly or through a member of the immediate family, in another person or entity which must consist of:
(A) Ownership of 5 percent or more of the voting stock, shares, or equity of the entity or ownership of $5,000.00 or more of the equity or market value of the entity; (B) Funds received by the person from the other person or entity either during the previous 12 months or the previous calendar year equaling or exceeding $5,000.00 in salary, bonuses, commissions, or professional fees, $5,000.00 in payment for goods, products, or nonprofessional services, or 10 percent of the recipient's gross income during that period, whichever is less; (C) The person serving as a corporate officer or member of the board of directors or other governing board of the for profit entity other than a corporate entity owned or created by the city council; or (D) The person being a creditor, debtor, or guarantor of the other person or entity in an amount of $5,000.00 or more. Substantial interest in real property means an interest in real property which is an equitable or legal ownership with a market value of $5,000.00 or more. Substantial interest shall further mean the interest of a city official who is being treated differently than the general public on matters involving the property tax rate, general city fees, city utility charges, or a comprehensive zoning ordinance, or a similar decision is a substantial interest affecting specifically staff, including all employees, either full or part time of the City of Powder Springs. (e)(1) No city official or staff shall use such position to secure special privileges or exemptions for such person or others, or to secure confidential information for any purpose other than official responsibilities. Furthermore, no city official or staff shall divulge any confidential information concerning any official or employee, or any other person, or any property or governmental affairs of the city to any person who is not authorized to have it nor divulge to any unauthorized person confidential information

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acquired in the course of holding his or her position in advance of the time prescribed by the city council, administrators, or other applicable law for its release to the public. (2) No city official, in any matter before the city council, board, or commission in which he or she has a substantial interest, shall fail to disclose in writing to the city clerk for the common good for the record such interest prior to any discussion or vote. (3) No city official or staff shall act as an agent or attorney for another in any matter before the city council or any board or commission. (4) No city official or staff shall directly or indirectly receive, or agree to receive, any compensation, gift, reward, or gratuity in any matter or proceeding connected with, or related to, the duties of his or her office except as may be provided by law. Entertainment, meals, and gifts with a total value of less than $150.00 per event shall not be deemed to be a violation of these rules of conduct. (5) No city official or staff shall enter into any contract with the city except as specifically authorized by state statutes or city ordinance. Any city official or staff who has a proprietary interest in an agency doing business with the city shall make known that interest in writing to the city council and the city clerk. (6) All public funds shall be used for the general welfare of the people and not for personal economic gain. (7) Public property shall be disposed of in accordance with Georgia law. (8) No elected city official shall solicit or accept other employment to be performed or compensation to be received while still a city official or employee, if the employment or compensation could reasonably be expected to impair in judgment or performance of city duties. (9) If a city official or staff accepts or is soliciting a promise of future employment from any person or entity who has a substantial interest in a person, entity, or property which would be affected by any decision upon which the official might reasonably be expected to act, investigate, advise, or make a recommendation, the official shall disclose the fact to the board or commission on which he or she serves or to his or her supervisor and shall take no further action on matters regarding the potential future employer. (10) Except as otherwise provided by city ordinance, no city official or staff shall use city facilities, personnel, equipment, or supplies for private purposes. (11) No city official or staff shall grant or make available to any person any consideration, treatment, advantage, or favor beyond that which it is the general practice to grant or make available to the public at large. (12) No city official or staff shall release information imparted or received during any executive session. (f) A city official or staff may not participate in a vote or decision on a matter affecting a person, entity, or property in which the official or staff has a substantial interest; in addition, a city official or staff who serves as a corporate officer or member of the board of directors of a nonprofit entity may not participate in a vote or decision regarding funding by or through the city of the entity. Where the interest of a city official or staff in the

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subject matter of a vote or decision is remote or incidental, the city official or staff may participate in the vote or decision and need not disclose the interest. (g) This code of ethics shall not be construed to require the filing of any information relating to any person's connection with, or interest in, any professional society or any charitable, religious, social, fraternal, educational, recreational, public service, civil, or political organization, or any similar organization which is not conducted as a business enterprise governmental agency nor engaged in the ownership or conduct of a business enterprise or governmental agency.
(h)(1) The provisions of this ordinance are severable. If any provision of this section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provisions or application. (2) Any persons violating any provisions of this policy are subject to:
(A) For a city official, written and oral reprimand by the city council, board, commission, or committee of which such violator a member; (B) For staff, written and oral reprimand, suspension, and dismissal; (C) A fine greater than $100.00 but less than $500.00 to be imposed by the city council, commission, board, or committee of which the violator is a member; and (D) Request for resignation by the city council, board, committee, or commission of which the violator is a member. (3) All staff and other persons covered shall sign a document verifying that they have read and will abide by the terms of this charter. The city council, board, commission, or committee shall have authority to establish rules and regulations to impose said penalties. (i) Any city official who is sanctioned under this section shall have a right of appeal from the action taken by the city council, board, committee, or commission to the Superior Court of Cobb County. Such appeal shall be governed by the same procedures as govern appeals to the superior court from the probate court.

SECTION 2.15. Inquiries and investigations.

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

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

Except as otherwise provided by this charter, the mayor and city council shall be vested with all the powers of government of this city as provided by Article I of this charter.

SECTION 2.17. Eminent domain.

The mayor and city council are empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, electronic media, 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 mayor and city council shall hold an organizational meeting on the first Monday in January. If January l of any year falls on a Sunday or Monday, then the mayor and city council shall meet and convene on the following Tuesday. The meeting shall be called to order by the city clerk or judge, and all oaths required by law shall be administered to the mayor and any newly elected members.

SECTION 2.19. Regular and special meetings.

(a) The mayor and city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the mayor and 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 members personally, by telephone personally, or by electronic means 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.

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(c) All meetings of the mayor and 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 one day prior to such meetings.

SECTION 2.20. Rules of procedure.

(a) The mayor and city council shall adopt rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping minutes of their proceedings which shall be public records. (b) All committees and committee chairpersons of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. (c) Liaisons to committees and boards which may be appointed by the mayor shall be Water and Sewer, Finance, Sanitation, Police, Planning and Zoning Commission, Ford Center Board, Keep Powder Springs Beautiful, Downtown Development Authority, Education, Development Authority of Powder Springs, and any other committee which the mayor shall deem necessary.

SECTION 2.21. Quorum: voting.

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

SECTION 2.22. Action requiring an ordinance.

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

SECTION 2.23. Ordinance form; procedures.

(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. The enacting clause shall be 'The Council of the City of Powder Springs hereby ordains . . . '

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(b) An ordinance may be introduced by any councilmember, and a summary of such ordinance shall be read at a regular or special meeting of the mayor and city council. Ordinances shall be considered and adopted or rejected by the mayor and city council in accordance with the rules which the mayor and city council shall establish. (c) Upon introduction of any ordinance, the city clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the city clerk and at such other public places as the mayor and city council may designate.

SECTION 2.24. Emergencies.

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

SECTION 2.25. Codes of technical regulations.

(a) The mayor and 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 (c) of Section 2.23 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 adopting ordinances; and

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(2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase at a reasonable price as fixed by the mayor and city council but in any event not to exceed that amount prescribed by applicable state law.

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

(a) The city clerk shall authenticate by his or her signature and shall record in full in a properly indexed book kept for that purpose all ordinances adopted by the city council, or such records may be kept electronically. (b) The mayor and 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 mayor and 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 mayor and city council may specify. This compilation shall be known and cited officially as 'The Code of the City of Powder Springs, Georgia.' Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the mayor and city council. (c) The mayor and 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 mayor and 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 mayor and city council shall make such further arrangements as are deemed desirable for 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 mayor and city council shall appoint a city manager for an indefinite term and shall fix his or her compensation. The city manager shall be appointed solely on the basis of his or her executive and administrative qualifications and shall serve at the pleasure of the mayor and city council.

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SECTION 2.28. Removal of city manager.

(a) The mayor and city council may remove the city manager from office in accordance with the following procedures:
(1) The mayor and city council shall adopt by affirmative vote of a majority of the members of the city council and mayor a preliminary resolution which must state the reasons for removal and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within five days after a copy of the resolution is delivered to the city manager, he or she may file with the mayor and city council a written request for a public or private hearing. This hearing shall be held within 30 days after the request is filed. The city manager may file with the mayor and city council a written reply not later than five days before the hearing; and (3) If the city manager has not requested a public or private hearing within the time specified in paragraph (2) of this subsection, the mayor and city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of the members of the city council and mayor. If the city manager has requested a public or private hearing, the mayor and city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of the members of the city council and mayor at any time after the public or private hearing. (b) The city manager shall continue to receive his or her salary until the effective date of a final resolution of removal. Upon removal from office for cause, the city manager shall not receive any severance pay as defined in his or her contract. For removal from this appointive office for any noncause related reason, the city manager shall not be entitled to more than 60 days severance pay.

SECTION 2.29. Acting city manager.

By letter filed with the city clerk, the city manager shall designate, subject to approval of the mayor and city council, a qualified city administrative officer to exercise the powers and perform the duties of city manager during his or her temporary absence or disability or should he or she be unavailable by cell phone or other electronic means for a period of four hours. Whenever the designated qualified city administrative officer must assume the duties of acting city manager, the mayor and city council shall be notified immediately. During such absence or disability, the mayor and city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or his or her disability shall cease.

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SECTION 2.30. Powers and duties of the city manager.

The city manager shall be the chief administrative officer of the city. He or she shall be responsible to the mayor and city council for the administration of all city affairs placed in his or her charge by or under this charter. He or she shall have the following powers and duties:
(1) He or she shall appoint and, when he or she deems it necessary for the good of the city, suspend or remove all city employees and administrative officers he or she appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. He or she may authorize any administrative officer who is subject to his or her direction and supervision to exercise these powers with respect to subordinates in such officer's department, office, or agency; (2) He or she shall 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) He or she shall attend all city council meetings and shall have the right to take part in discussion but shall not vote; (4) He or she shall see that all laws, provisions of this charter, and acts of the mayor and city council subject to enforcement by him or her or by officers subject to his or her direction and supervision are faithfully executed; (5) He or she shall prepare and submit the annual operating budget and capital budget to the mayor and city council which shall also include an organizational chart depicting job functions and pay grades; (6) He or she shall submit to the mayor and 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) He or she shall make such other reports as the mayor and city council may require concerning the operations of city departments, offices, and agencies subject to his or her direction and supervision; (8) He or she shall keep the mayor and city council fully advised as to the financial condition and future needs of the city and make such recommendations to the mayor and city council concerning the affairs of the city as he or she deems desirable; and (9) He or she shall perform such other duties as are specified in this charter or as may be required by the mayor and city council.

SECTION 2.31. City council interference with administration.

Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the mayor and members of the city council shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city

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manager, and neither the mayor nor members of the city council shall give orders to any such officer or employee, either publicly or privately. In the case of a city emergency involving public health or safety and in the absence of the city manager, the mayor or a councilmember may direct activities as appropriate.

SECTION 2.32. Powers and duties of mayor.

The mayor shall: (1) Preside at all meetings of the mayor and city council; (2) Have a vote only in the case of a tie vote by councilmembers; (3) Have veto power as specified in Section 2.33 of this charter; (4) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesman for the city and the chief advocate of policy; (5) Have power to administer oaths and to take affidavits; and (6) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing.

SECTION 2.33. Veto power of mayor.

(a) The mayor shall have four business days after meetings of the city council in which to file with the city clerk in writing his or her veto. (b) The city council may at any meeting in which the mayor files his or her veto or any subsequent or special meeting within 30 days pass any such ordinance, order, or resolution, notwithstanding the veto, by an affirmative vote of four councilmembers.

SECTION 2.34. Selection of mayor pro tempore.

By a majority vote of all its members, the city council shall elect a councilmember 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 2.35. Mayor pro tempore.

During the absence of the mayor for any cause, the mayor pro tempore or, in his or her absence for any reason, any one of the councilmembers chosen by a majority vote of the

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city council shall be vested 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 shall continue.

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

(a) Except as otherwise provided in this charter, the city manager 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, subject to the right of the mayor and city council to adopt such changes as it deems necessary and appropriate. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers, directors of departments, and staff shall receive such compensation as prescribed by the city's pay grade classification. (d) There shall be a director of each department 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 his or her department. (e) All directors shall be nominated by the city manager with confirmation by the mayor and city council. The city manager may suspend or remove directors under his or her supervision, but such suspension or removal shall not be effective for three calendar days following the city manager's giving written notice of such action and the reasons therefor to the director involved and to the mayor and city council. The director involved may appeal as prescribed by the city's personnel policy manual, as may be amended from time to time. The city manager shall be entitled to hire such other personnel, excluding directors, subject to the city organizational chart and budgetary authorization as is approved as part of the annual budget approval process. (f) The city clerk, while appointed by the mayor and city council, shall be subject to the direction and supervision of the city manager.

SECTION 3.11. Boards, commissions, and authorities.

(a) The mayor and city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the mayor and city council deem necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof.

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(b) All members of boards, commissions, and authorities of the city shall be appointed by the mayor and 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 mayor and city council may provide by ordinance for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter, ordinance, or by other law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the city clerk an oath obligating such member to perform faithfully and impartially the duties of his or her office, and such oath shall be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office by a vote of three members of the city council and the mayor, except as otherwise provided by state law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the city clerk.

SECTION 3.12. City attorney.

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

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SECTION 3.13. City clerk.

The mayor and city council may appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain the city council records required by this charter, and perform such other duties as may be required by the mayor and 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 mayor and city council for approval. Such plans 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 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, the chief judge and city attorney are not considered to be city employees.

SECTION 3.15. Personnel policies.

The city manager shall prepare and the mayor and city council shall consider and adopt rules and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.

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 Powder Springs.

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SECTION 4.11. Chief judge.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he or she shall have attained the age of 25 years and shall be a member of the State Bar of Georgia in good standing. Any and all judges shall be appointed by the mayor and city council. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of three members of the city council and the mayor. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he or she will honestly and faithfully discharge the duties of his or her office to the best of his or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council required in Section 2.20 of this charter. (f) A judge shall serve the municipal court for a four-year term but may be removed from the position by a majority of the city council or upon action taken by the Judicial Qualification Commission or its successor 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 which seriously interferes with the performance of duties, which is or is likely to become a permanent characteristic.

SECTION 4.12. Convening.

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

SECTION 4.13. Jurisdiction; powers.

(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt. Such punishment shall not exceed the maximum amount or penalties including public

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incarceration as set forth in Georgia law as may be amended from time to time, including surcharges as required by law. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding the fine or incarceration prescribed by Georgia law as may be amended from time to time or alternative sentencing as may be 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 reimbursements of the cost of meals, transportation, and caretaking of prisoners bound over to other courts for violations of state law. (e) Consistent with Georgia law, the mayor and city council shall have authority to establish bail and recognizance to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city or the property so deposited shall have a lien against in 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 authority to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court may be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.

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

SECTION 4.15. Rules for court.

With the approval of the mayor and 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 mayor and city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, 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.

Except as otherwise provided by this charter, all primaries and elections shall be held and conducted in conformity so far as applicable with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as it now exists or may hereafter be amended. Whenever any time period established by said chapter is altered so as to change or supersede any time period provided in this charter, it shall be considered that such periods in this charter shall be correspondingly changed so as to avoid any conflict between the charter and the general law.

SECTION 5.11. Election of the city council and mayor.

(a) There shall be a municipal general election biennially on the Tuesday after the first Monday of November in odd-numbered years. (b) For the purpose of electing three councilmembers, the City of Powder Springs shall be divided into three wards, each such ward being represented by one councilmember. The councilmember representing each such ward shall be elected only by the electors residing in that ward and not at large.

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(c)(1) The three wards shall be and correspond to those three numbered districts described in and attached to and made a part of this Act and further identified as 'Plan Name: powdersprings01 Plan Type: Local User: Gina Administrator: Powder Springs'. (2) When used in such attachment, the terms 'Tract' and 'BG' (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a BG heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of the City of Powder Springs which is not included in any such ward described in that attachment shall be included within that ward contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the City of Powder Springs which is described in that attachment as being in a particular ward shall nevertheless not be included within such ward if such part is not contiguous to such ward. Such noncontiguous part shall instead be included within that ward contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. (d) The mayor and the remaining two councilmembers shall be elected at large. The two at-large council positions shall hereafter be known as 'At-Large Council Post 1' and 'At-Large Council Post 2,' respectively. Candidates for election to either of said positions shall, upon qualifying for such election, designate by post number the specific position sought. The mayor and two at-large councilmembers shall be elected at the regular municipal election in 2007 and every four years thereafter; shall take office on the first Monday in January following their elections; and shall, except as otherwise provided in this section, serve for a term of four years and until their successors are elected and qualified. The mayor and the two at-large councilmembers shall have been residents of the City of Powder Springs for a period of 12 months immediately prior to the date of qualifying and shall continue to reside therein during their period of service and shall be registered and qualified to vote in municipal elections of the city. (e) Each councilmember from Ward 1, Ward 2, and Ward 3 shall be elected from and by the electors of only the ward he or she represents and shall be a resident of such ward. Members from Wards 1, 2, and 3 shall be elected at the regular municipal election in 2009 and every four years thereafter and shall, except as otherwise provided by this charter or local law, serve for a term of four years and until their successors are elected and qualified. The councilmembers from Ward 1, Ward 2, and Ward 3 shall have been residents of the city for a period of 12 months immediately prior to the date of qualifying and shall continue to reside therein during their period of service and shall be registered and qualified to vote in municipal elections of the city.

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SECTION 5.12. Nonpartisan elections.

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

SECTION 5.13. Election by majority.

The candidate receiving a majority of the votes cast for any city office shall be elected. In instances where no candidate receives a majority of the votes cast, a run-off primary or election between the candidates receiving the two highest numbers of votes shall be held. Such run-off primary or election shall be conducted in accordance with Code Section 21-2-501 of the O.C.G.A.

SECTION 5.14. Special election, vacancies.

In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the mayor and city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, that if such vacancy occurs within six months of the expiration of the term of that office, the mayor and city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'

SECTION 5.15. Other provisions.

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

SECTION 5.16. Removal of officers.

(a) Except as otherwise provided in this charter, the mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude;

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(3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter; (5) Failure for any other cause to perform the duties of office as required by this charter or by state law; or (6) Failure to attend four consecutive regular city council meetings. (b) The removal of an officer pursuant to this section shall be accomplished by the vote of three members of the city council and mayor after an investigative hearing. In the event an elected officer is sought to be removed by the action of the mayor and city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the mayor and city council to the Superior Court of Cobb County. Such an appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (c) Recall of public officers is governed by Chapter 4 of Title 21 of the O.C.G.A., the 'Recall Act of 1989.'

ARTICLE VI FINANCE
SECTION 6.10. Property tax.

The mayor and 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 mayor and city council in their discretion.

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

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

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SECTION 6.12. Occupation and business taxes.

Subject to Georgia law, and as may be amended from time to time, the mayor and 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 mayor and city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.

SECTION 6.13. Licenses; permits; fees.

Subject to Georgia law, and as may be amended from time to time, the mayor and city council by ordinance shall have the power to require any individual or corporation who transacts business in the city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and to pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The mayor and city council may establish by ordinance reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.

SECTION 6.14. Franchises.

Subject to Georgia law, and as may be amended from time to time, the mayor and city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The mayor and city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 30 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The mayor and city council shall provide for the registration of all franchises with the city clerk in a registration book kept by him or her. The mayor and city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.

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SECTION 6.15. Service charges.

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

SECTION 6.16. Special assessments.

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

SECTION 6.17. Construction; other taxes.

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

SECTION 6.18. Collection of delinquent taxes and fees.

The mayor and city council may provide generally by ordinance 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.

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SECTION 6.19. General obligation bonds.

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

SECTION 6.21. Short-term loans.

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

SECTION 6.22. Fiscal year.

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

SECTION 6.23. Preparation of budgets.

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

SECTION 6.24. Submission of operating budget to city council.

On or before a date fixed by the mayor and city council but not later than 45 days prior to the beginning of each fiscal year, the city manager shall submit to the mayor and city

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council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he or she may deem pertinent. The operating budget and the capital improvements budget provided for in this charter, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

SECTION 6.25. Action by mayor and city council on budget.

(a) The mayor and 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 mayor and city council shall adopt by ordinance the final operating budget for the ensuing fiscal year not later than the thirtieth day of June each year. If the mayor and city council fail to adopt the budget by such date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a monthto-month basis, with all items prorated accordingly until such time as the mayor and city council adopt a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organization 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. Tax levies.

Subject to state law, following adoption of the operating budget, the mayor and 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

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the annual operating budget for defraying the expense of the general government of the city.

SECTION 6.27. Changes in appropriations.

The mayor and 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 unexpended appropriation with the limits of the total approved budget.

SECTION 6.28. Capital improvements budget.

(a) On or before the date fixed by the mayor and city council but not later than 45 days prior to the beginning of each fiscal year, the city manager shall submit to the mayor and city council a proposed capital improvements budget with his or her recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The mayor and city council shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The mayor and city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24 ofthis charter. (b) The mayor and city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the thirtieth day of June of each year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the city manager may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his or her recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance.

SECTION 6.29. 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 mayor and 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

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requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.

SECTION 6.30. Contracting procedures.

No contract with the city shall be binding on the city unless: (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 him or her to indicate such drafting or review; and (3) It is made or authorized by the mayor and city council and such approval is entered in the city council minutes of proceedings pursuant to Section 2.20 of this charter.

SECTION 6.31. Centralized purchasing.

The mayor and city council may prescribe by ordinance procedures for a system of centralized purchasing for the city.

SECTION 6.32. Sale of city property.

(a) Subject to Georgia law, and as may be amended from time to time, the mayor and 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) Subject to Georgia law, and as may be amended from time to time, the mayor and city council may quitclaim any rights it may have in property not needed for public purposes upon request 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.

ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.

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

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SECTION 7.11. Prior ordinances.

All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the mayor and 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 30 days before or during which the existing mayor and 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 mayor and city council.

SECTION 7.14. 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 7.15. Severability.

In the event any article, section, subsection, paragraph, sentence, or part of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect nor impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional,

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
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 hereby given that there will be introduced at the regular 2013 Session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Powder Springs approved March 13, 1970 (Ga. L. 1970, p. 2760), so as to provide for city council terms and qualifications for office; for election of the city council and mayor; for the powers and duties of the city manager; for qualifications of municipal court judges; for a code of ethics; for other provisions; to repeal conflicting laws; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Wilkerson, who on oath deposes and says that he is the Representative from District 38 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on March 1, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DAVID WILKERSON David Wilkerson Representative, District 38
Sworn to and subscribed before me, this 14th day of March, 2013.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)
Approved May 6, 2013.

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CITY OF POWDER SPRINGS CITY COUNCIL; REDISTRICTING.

No. 158 (House Bill No. 633).

AN ACT

To amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, so as to change the description of the wards; 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 creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, is amended by revising subsection (c) of Section 5.11 as follows:
"(c)(1) The three wards shall be and correspond to those three numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: powdersprings-import-2013 Plan Type: local Administrator: powdersprings User: bak'. (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 City of Powder Springs which is not included in any district described in paragraph (1) of this subsection 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 City of Powder Springs which is described in paragraph (1) of this subsection 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

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

SECTION 2. (a) Those members of the city council of the City of Powder Springs 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) Wards 1, 2, and 3, as they existed immediately prior to the effective date of this Act, shall continue to be designated as Wards 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 city council serving from those former wards shall be deemed to be serving from and representing their respective wards as newly described under this Act.

SECTION 3. The governing authority of the City of Powder Springs shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, 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: powdersprings-import-2013 Plan Type: local Administrator: powdersprings User: bak

District 001 Cobb County VTD: 067PS1A - POWDER SPRINGS 1A 031505: 1002 1004 1005 1006 1007 1008 1009 1010 1011 1022 1023 1026 1027 1062 2000 2001 2002 2003 2004 2005 2006 2007 2008 2011 2012 2015 2016 2019 2020 2023 2026 2027 3004 3005 3007 3008 3009 3017 3018 3027 3029 031508: 2012 2013 2016 2017 2025 2026 2028 2029 2030 2031 2037 2039 2041 2044 2052 2053 2054 031509: 1000 3000 3001 4018 5000 5001 5002 5006 5008 5009 5011 5013

GEORGIA LAWS 2013 SESSION
5015 5017 5018 5019 5020 5024 5030 5032 5034 5041 VTD: 067PS3A - POWDER SPRINGS 3A 031505: 3025 3028
District 002 Cobb County VTD: 067PS2A - POWDER SPRINGS 2A VTD: 067PS3A - POWDER SPRINGS 3A 031505: 1038 1039 1048 031506: 2026 2028 2029 3001 3007 3008 3009 3012 3013 3016 3019
District 003 Cobb County VTD: 067PS1A - POWDER SPRINGS 1A 031505: 1001 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1024 1025 1029 1030 1031 1034 1035 1051 1052 1053 1054 1063 1064 1065 2021 2030 2031 VTD: 067PS3A - POWDER SPRINGS 3A 031505: 1000 1032 1033 1036 1037 1040 1046 1049 1050 1055 3011 3012 3013 3019 3020 3022 3023 3024 031506: 1021 1022 1023 1024 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2025 3002 3003 3004 3005 3006 031508: 1011 1013 1014 1020 1021 1022 1023

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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 hereby given that there will be introduced at the regular 2013 Session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Powder Springs approved March 13, 1970 (Ga. L. 1970, p. 2760), so as to provide for new city council districts as a result of the 2010 United States Decennial Census; to repeal conflicting laws; and for other purposes.

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GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Wilkerson, who on oath deposes and says that he is the Representative from District 38 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on March 1, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DAVID WILKERSON David Wilkerson Representative, District 38

Sworn to and subscribed before me, this 14th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

POLK COUNTY BOARD OF ELECTIONS AND REGISTRATION; MEMBERS; QUALIFICATIONS AND TERMS OF OFFICE.

No. 159 (House Bill No. 630).

AN ACT

To amend an Act creating a board of elections and registration for Polk County, approved March 30, 1989 (Ga. L. 1989, p. 4652), so as to provide for districts; to provide for terms 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 creating a board of elections and registration for Polk County, approved March 30, 1989 (Ga. L. 1989, p. 4652), is amended by revising Section 2 as follows:

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"SECTION 2. The board shall be reconstituted effective January 1, 2014, as provided for in this section; until such date, those members of the board serving on January 1, 2013, shall continue to serve. The board shall be composed of three members with one member representing each commissioner district of Polk County. The members of the board shall be an elector and resident of the commissioner district they represent. Members of the board shall be appointed thereto by the Board of Commissioners of Polk County which shall also designate one of those members to be the chairperson of the board of elections and registration. The first members of the board from each commissioner district shall be appointed for an initial term beginning January 1, 2014. The member representing Commissioner District 1 shall serve for an initial term ending December 31, 2015; the member representing Commissioner District 2 shall serve for an initial term ending December 31, 2016; and the member representing Commissioner District 3 shall serve for an initial term ending December 31, 2014. After the initial terms of office, successors to members whose terms are to expire shall be appointed to take office the first day of January immediately following that expiration of term and shall serve for terms of four years each and until their 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 2013 session of the General Assembly of Georgia bill to amend an Act creating a board of elections and registration for Polk County, approved March 30, 1989 (Ga. L. 1989, p. 4652); and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Trey Kelley, 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 13, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ TREY KELLEY Trey Kelley Representative, District 16

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Sworn to and subscribed before me, this 19th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

CITY OF KENNESAW NEW CHARTER.

No. 160 (House Bill No. 629).

AN ACT

To provide a new charter for the City of Kennesaw; to provide for reincorporation; to prescribe the corporate limits; to enumerate the corporate powers; to provide for the continuation of existing ordinances, bylaws, rules, and regulations; to provide for gender neutrality; to provide for the establishment of city government; to provide for the mayor, mayor pro tem, and councilmembers and their selection, oath, compensation, powers, duties, and terms of office; to provide for filling vacancies; to provide for a city clerk; to provide for legislation and ordinances; to provide for a city manager and city attorney; to provide for the fiscal administration of the government; to provide for the levy and collection of ad valorem taxes; to provide for elections; to provide for the qualification of candidates and electors; to provide for the method of conducting elections; to provide for the registration of voters; to provide for the establishment of a municipal court; to provide for the appointment of the municipal court judge; to provide for qualifications and compensation; to provide for the jurisdiction of the municipal court; to provide for appeals from the municipal court; to provide for the payment of court costs; to provide for rules for the municipal court; to provide for an effective date; to repeal specific laws; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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ARTICLE I. CHARTER, CITY LIMITS, AND CORPORATE POWERS.
SECTION 1.01. Reincorporation.

This Act shall constitute the whole charter of the City of Kennesaw, Georgia. The City of Kennesaw, Georgia, in the County of Cobb, and the inhabitants thereof, shall continue to be a body politic and corporate under the name and style of the "City of Kennesaw, Georgia," and by that name shall have perpetual succession, may contract and be contracted with, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at its pleasure.

SECTION 1.02. Corporate boundaries.

(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter and any other property properly annexed under Georgia law. (b) Alterations may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map to be retained permanently in the office of the city clerk and to be designated: "Official Map of the Corporate Limits of the City of Kennesaw, Georgia." Photographic, typed, or other copies of such map certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as the original map. (c) The mayor and city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

SECTION 1.03. Corporate powers.

The corporate powers of the city, to be exercised by the mayor and council, include the following: (a) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation for state and county purposes and to contract with any city, county, or other governmental and political subdivisions for the ministerial acts of billing and collection of city ad valorem taxes, or other fees, assessments, or taxes, as the mayor and council may by resolution authorize. (b) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to

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provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees. (c) To appropriate and borrow money, to provide for payment of the debts of the city, and to authorize the expenditure of money for any municipal purpose, or for matters of national or state interest, and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the general laws of this state. Such bonding authority shall be exercised in accordance with the laws governing bond issues by municipalities in effect at the time such issue is undertaken. Whenever the city shall desire to create a bonded debt for the purpose of carrying into effect any of the powers and provisions of this charter, it shall have the right and authority to do so when authorized by a majority of the qualified voters of the city voting in an election. (d) To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the city. (e) To condemn property, inside or outside of the corporate boundaries of the city, for present or future use, and for any corporate purpose deemed necessary by the mayor and council, utilizing procedures enumerated in the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (f) To acquire, lease, construct, operate, distribute, sell, and dispose of public utilities, including but not limited to a waterworks system, sewerage system, natural gas system, electrical power system, storm-water management system, and a community antenna television system, both inside and outside the corporate limits, and any other public utility subject to the provisions of applicable general law. For water, gas, and electricity furnished, for storm-water utility and for all sewerage and sanitary service rendered, the city may prescribe the charges, rates, fares, fees, regulations, and standards and conditions of service to be provided, and shall have a lien against any property of the persons served; such lien to be enforceable in the same manner and with the same remedies as a lien for city property taxes. (g) To grant franchises or make contracts for public utilities and public services but not limited to those stated above, not to exceed periods of 30 years. The mayor and council may prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with laws of the State of Georgia. (h) To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, public grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, and hospitals; charitable, educational, recreational, conservation, sport, curative, correctional, detention, penal, and medical institutions, agencies, and facilities; any other public improvements, inside or outside the corporate boundaries of the city; and to regulate the use thereof; and for such purposes, property may be acquired by condemnation pursuant to the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.

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(i) To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (j) To provide for the collection and disposal of garbage, rubbish, and refuse and to provide power and authority to take all necessary and proper means for keeping the city limits free from garbage, trash, and filth. The city may contract with customers outside of city limits subject to valid intergovernmental agreement. Charges or fees may be imposed to cover the costs of such services, which if unpaid, shall constitute a debt which shall be subject to a lien against any property of persons served which shall be enforceable in the same manner, and under the same remedies, as a lien for city property taxes. (k) To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental or likely to be detrimental to the health, morals, safety, security, peace, convenience, or general welfare of inhabitants of the city. (l) To define a nuisance in the city and to provide for its abatement. The municipal court judge of the city shall have jurisdiction of all nuisance abatement proceedings in the city. The city may provide by ordinance for any building, structure, or condition maintained in violation of any valid law of this state or any valid ordinance of the city, to be adjudged a nuisance and for its abatement at the owner's expense upon his or her failure or refusal to abate the same within ten days after written notice from the city to do so and after an opportunity to be heard on same. (m) To establish minimum standards for, and to regulate the building, construction, and repair of electrical wiring and equipment, gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city and to provide for the enforcement of such standards based on standards as outlined in the International Building Codes standards and other similar standards. (n) To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the public streets of the city to maintain public facilities and grounds as provided by ordinance; or the mayor and council may provide for the commitment of city prisoners to any county work camp or other governmental agency or jail by agreement with the appropriate county or governmental officers. (o) To regulate, license, tax, or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, in violation of any ordinance or lawful orders, and to provide for their disposition by sale, gift, or humane destruction, when not redeemed as provided by ordinance to provide punishment for violation of ordinances enacted hereunder. (p) To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in amounts prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles, or any other reasonable regulations as may be prescribed by ordinance. (q) To levy and provide for the collection of special assessments to cover the cost for any public improvements.

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(r) To provide that upon conviction for violation of any ordinance, rule, regulation, or order, the offender may be punished within limitations prescribed by the mayor and council in such ordinance, rule, regulation, or order but not exceeding the limitation prescribed by this charter or state law. (s) To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals, and general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under the Constitution or general laws of the State of Georgia. No enumeration of particular powers in this Act shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers; but shall be held to be in addition to such powers unless expressly prohibited to cities under the Constitution or applicable public acts of this state. (t) To levy taxes and to make appropriations for the purpose of advertising the city and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises into the city, and also to levy taxes and to make payment from the general revenues and funds of the city for the support of public hospitals and libraries, arboretums and museums. (u) To regulate and control public streets, public alleys, and ways; and in the discretion of the mayor and council by ordinance to alter, open, or close public streets and public alleys and ways. (v) To contract with any state department or agency or any other political subdivision for joint services or the exchange of services; and to contract with such agencies or subdivisions for the joint use of facilities or equipment; and to contract with any such agency or subdivision to perform any service or execute any project in which the municipality has an interest. (w) To authorize the providing of surety bonds for employees, such bonds to be payable to the city, with premiums payable by the city, when necessary or proper. (x) Internet Service Provider and Wireless (Wi-Fi) Internet Service Provider. The city shall have the power and authority to construct, acquire, own, hold, lease, sell, resell, build, maintain, operate, and contract for an Internet systems network in order to provide Internet services, including but not limited to wireless (Wi-Fi) Internet service and other associated and related technologies; to interconnect its system to community needs; to finance such system, from time to time, through the issuance of revenue bonds as may be permitted by the Constitution and laws of the State of Georgia or through public or private contracts or both; to make any contract for and furnish the services of any such system to consumers within the city limits or pursuant to intergovernmental agreement for locations outside the city limits; and to recoup and defray the costs associated with providing such services through the leasing, selling, or sponsoring of web space for advertisement purposes.

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SECTION 1.04. Continuation of existing ordinances.

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

SECTION 1.05. Gender.

The masculine gender shall include the feminine and neuter.

ARTICLE II. CITY GOVERNMENT.
SECTION 2.01. Establishment of city government.

The corporate governmental powers of the City of Kennesaw shall be vested in a mayor and five councilmembers to be known as the "Mayor and Council of the City of Kennesaw." The mayor and council shall be elected at large by the qualified voters of the city and shall exercise their powers in such manner as prescribed by this charter, the Constitution, and applicable general laws of the State of Georgia, or if not prescribed, in such manner as prescribed by the duly established ordinances of the City of Kennesaw.

SECTION 2.02. Qualification for mayor and councilmembers.

To be eligible for the office of elected or appointed mayor or councilmember a person must be at least 21 years of age and must meet the requirements of a qualified voter of the city as described by state law, and must be a bona fide resident of the City of Kennesaw for one year prior to election day, subject to all applicable state and federal laws. No person shall be qualified to hold the office of mayor or councilmember who shall have been convicted of a felony unless such person has received a full pardon and has had all rights of citizenship restored.

SECTION 2.03. Election of mayor and councilmembers.

(a) The mayor and city councilmembers serving on the effective date of this charter shall continue to serve until the expiration of their terms of office and until their successors are duly elected and qualified as provided by law.

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(b) The mayor and each city councilmember shall be elected at large by all city residents qualified to vote at city elections. (c) On Tuesday next following the first Monday in November, 2015, and on said date quadrennially thereafter, an election shall be held for the position of mayor. The candidate receiving a plurality of the votes shall be declared elected as mayor.
(d)(1) Councilmembers shall be elected to one of the following posts: Post 1, Post 2, Post 3, Post 4, or Post 5. None of the posts shall be tied to any geographical boundaries of or within the city. (2) On the Tuesday next following the first Monday in November, 2013, and on said date quadrennially thereafter, an election shall be held for those councilmembers who are to serve as "Councilmember, Post No. 3," "Councilmember, Post No. 4," and "Councilmember, Post No. 5." The candidate for each post receiving a plurality of the votes cast shall be declared elected as councilmember for the post for which he or she qualified. (3) On the Tuesday next following the first Monday in November, 2015, and on said date quadrennially thereafter, an election shall be held for those councilmembers who are to serve as "Councilmember, Post No. 1," and "Councilmember, Post No. 2." The candidate receiving a plurality of the votes shall be declared elected as councilmember for the post for which he or she qualified. (e) Any person possessed with the qualifications as required by law may qualify for any council post or for mayor.

SECTION 2.04. Terms of office.

Except as otherwise provided by law, the terms of office for mayor and councilmembers shall begin on the first regularly scheduled council meeting in January following their respective elections and shall continue for four years, or until their successors are elected and qualified.

SECTION 2.05. City council.

(a) The governing body of the city shall be composed of a mayor and five councilmembers, in which is vested all corporate, legislative, and other powers of the city, except as otherwise provided in this charter. The mayor and council shall hold regular public meetings at a stated time and place as provided by ordinance. (b) Special meetings of the city council may be held on call of the mayor or mayor pro tem and two members of the city council. It shall be the duty of the clerk, deputy clerk, and/or the city manager to present, personally, in writing, by telephone, or by electronic communication, such notice of a special meeting at least 24 hours in advance of the meeting.

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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 councilmembers' presence. Only the business stated in the written call or stated as being the purpose in the oath or affidavit required in special sessions convened under the telephone notice provision of this charter may be transacted at a special meeting, except by unanimous consent of all members of the council. (c) All meetings of the council and of the committees and of every agency, board, commission, and authority, or similar body of the city, shall be public in the same manner and to the same extent as required by Chapter 14 of Title 50 of the O.C.G.A., relating to open and public meetings, as it now exists or may hereafter be amended. Any person shall have access to the minutes and records thereof at reasonable times in the same manner and to the same extent as required by Article 4 of Chapter 18 of Title 50 of the O.C.G.A., relating to inspection of public records, as it now exists or may hereafter be amended. (d) Four members of the governing body of the city shall constitute a quorum. (e) The mayor and council shall exercise their powers in public meetings. The mayor and council may by ordinance adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent members. The mayor and council may provide by ordinance for punishment of contemptuous behavior conducted in its presence.

SECTION 2.06. Mayor as presiding officer; additional powers.

The mayor shall preside at meetings of the council; shall have a vote only in the case of a tie vote by councilmembers; shall have veto power, and shall have five business days after the meeting with the council in which to file with the clerk, in writing, his or her dissent, but the council may, at the same meeting or at the next regularly scheduled meeting of the mayor and council, pass any such ordinance, order, or resolution, notwithstanding the veto, by a vote of four-fifths of the total number of councilmembers, to be taken by ayes and nays, and entered upon the minutes. The mayor shall be the chief executive officer of the city and shall have the authority to appoint councilmembers to advise the various departments of the city through the direction of the city manager; provided, however, that each councilmember shall be appointed chairperson of one of the following divisions of operation: general and administrative, police, public works, information technology, parks and recreation, community development, museum and preservation services, and 911 communications. The purpose of these designations shall be to provide input and review of policy issues and implementation of programs and policies. The mayor shall sign ordinances and resolutions on their final passage; may obtain short-term loans in the name of the city when authorized by the council to do so; shall sign deeds, bonds, and contracts when authorized by the council

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to do so; and shall perform all other duties imposed by this charter and by duly adopted ordinances.

SECTION 2.07. Mayor pro tem.

At the first regular meeting, and after the newly elected councilmembers have taken office following each regular election, the council shall elect from its membership a mayor pro tem for a term of one year. Upon the council's failure to elect a mayor pro tem by its first meeting of each year, the incumbent councilmember who received the highest number of votes when last elected shall be declared mayor pro tem. The mayor pro tem shall perform the duties of the mayor during his or her absence from the city or his or her medically diagnosed disability.

SECTION 2.08. Vacancy in office of mayor or council.

(a) 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 mayor and council, except if granted a leave of absence by the council and such leave of absence is entered on the minutes; or if he or she is adjudged incompetent; or is convicted of malfeasance in office or of a felony. (b) In the event a vacancy occurs in the office of a member of the council from any cause other than the expiration of a term of office, the vacancy shall be filled in the following manner: (c) If the vacancy occurs within 12 months of the expiration of the term, the vacancy shall be filled by the mayor and council electing a qualified person to serve out the unexpired term of office. If the vacancy occurs within 30 days prior to the regular city election, the vacancy shall be filled at such regular election under the same rules and regulations and provisions of law pertaining to the election of councilmembers. (d) If the vacancy occurs at any other time not provided for above, the vacancy shall be filled by a special election pursuant to a call of a special election as provided by this charter. At no time shall there be more than one councilmember so appointed holding office; and if a vacancy occurs on the council with one member so appointed on the council, a special election shall be held within a period of 45 days after the office becomes vacant pursuant to a call of a special election as provided by this charter; however, if a special election is called pursuant to this charter, the vacancy previously filled by appointment as well as the existing vacancy shall be filled for the remainder of the unexpired terms in a special election: provided, however, if a regular election for the city shall be held within three months after the second vacancy occurs, the first vacancy previously filled by appointment and the second vacancy shall be filled for the unexpired terms at such regular election.

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(e) In the event a vacancy shall occur in the office of mayor, a special election shall be called and held in the manner prescribed by the Georgia Election Code (Title 21, Ch. 2, O.C.G.A.) as it now exists or may hereafter be amended, so long as the vacancy occurs at least three months prior to the regular expiration date of the term. If the vacancy occurs within three months of the expiration date of the term, the mayor pro tem shall serve until the expiration date, and shall be authorized during such period to exercise all of the powers of the mayor provided by this charter.

SECTION 2.09. Compensation and expenses.

The mayor and council may determine the salary of the mayor and councilmembers by ordinance, provided that salary changes enacted shall not become effective until the first regular meeting after the next calendar year. Each councilmember and the mayor, when authorized by the mayor and council and upon presentation of itemized vouchers, shall receive their actual and necessary expenses incurred in the performance of their duties of office.

SECTION 2.10. City clerk.

(a) The mayor and council shall appoint a city clerk who shall serve at their pleasure, supervision, and direction. The city clerk shall be responsible for keeping and preserving the city seal and all records of the council; attending meetings of the council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the vote of each member on each question, each motion considered, and the text of each resolution or ordinance considered; preparing and certifying copies of official records in his or her office, for which fees may be prescribed by ordinance; and performing such other duties as may be required by law or as tasked or directed by the mayor and council. (b) The mayor and council may require the clerk, before entering upon discharge of his or her duties, to give good and sufficient bond in the amount to be decided by the mayor and council, but not less than $2,500.00, such bond payable to the City of Kennesaw, for the faithful performance of his or her duties and to secure against corruption, malfeasance, misappropriations or unlawful expenditures. Such surety bond shall be obtained from a surety company licensed to do business in the State of Georgia and approved by the mayor and council, and the premium thereon shall be paid by the city.

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SECTION 2.11. City legislation.

Any action of the council having a regulatory or penal affect or required to be done by ordinance under this charter shall be done only by ordinance. Each resolution and ordinance shall be in written form before being introduced. The affirmative vote of at least three members of the council shall be required to pass any resolution or ordinance. After adoption of ordinances, the city clerk shall number ordinances consecutively, in the order of their final adoption, and shall copy them into a permanent record book used solely for this purpose; and the city clerk shall do likewise for resolutions, using a separate series of numbers and a separate record book, which may include electronic files. The original copies of all ordinances, resolutions, and motions shall be filed and preserved by the city clerk.

SECTION 2.12. Public reading of ordinances.

No ordinance shall be approved until a summary of such shall have been read at a regular public meeting of the mayor and city council of Kennesaw, Georgia.

SECTION 2.13. City manager.

The city manager shall serve at the pleasure and direction of the Kennesaw mayor and council and shall assume the position and duties as the chief administrative officer of the city and such other duties as may be assigned by the mayor and council from time to time, including but not limited to director of finance and administration, purchasing agent for all departments, coordinator of commissions and departments of the city, and the general management of city business under the direction and guidance of the mayor and council.

ARTICLE III. ORGANIZATION AND PERSONNEL.
SECTION 3.01. Organization.

The city government shall continue as presently organized. The city manager, with approval of the mayor and council, may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city; may provide that the same person shall fill a number of offices and positions of employment, and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city.

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SECTION 3.02. Administrative duties of the mayor.

The mayor shall be the executive head of the city government. Together with the city council, the mayor shall appoint a city manager who shall be 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 may be provided by ordinance not inconsistent with this charter.

SECTION 3.03. City attorney.

The mayor and council shall appoint a city attorney together with such assistant city attorneys as may be authorized by ordinance. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; and shall advise the council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs.

SECTION 3.04. Oath of office.

Before a person takes any office in the city government, he or she shall take, before an officer of the state authorized to administer oaths, the following such oath or affirmation:
"I swear that I will faithfully and impartially uphold the Constitution of this State and of the United States, and will conduct myself faithfully as mayor (or councilmember, as the case may be) during my continuance in office. I have not, in order to influence my election to this office, directly or indirectly promised my vote or support to any person or officer in the government of the City of Kennesaw, nor for any other office. I will not knowingly permit my vote in the election or appointment of any persons to a position in this government to be influenced by fear, favor, or the hope of reward, but in all things pertaining to my office I will be governed by what in my judgment is for the public good and for the best interest of the city, so help me God."

SECTION 3.05. Political activity prohibited.

No officer or employee of the city, other than the mayor and councilmembers, shall continue in the employment of the city after becoming a candidate for nomination or election to any city office.

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SECTION 3.06. City planning and renewal.

The council may create and establish a planning commission pursuant to the provisions of general law as they now exist or as they may hereafter be amended.

ARTICLE IV. FISCAL ADMINISTRATION
SECTION 4.01. Fiscal year.

The fiscal year of the city government shall begin on the first day of October and end on the 30th day of September of each year. Such fiscal year shall constitute the budget year and the year for fiscal accounting and reporting of every office, department, agency, and activity of the city government unless otherwise prohibited by law.

SECTION 4.02. Mayor to submit annual budget.

On or before a date fixed by the council, but not later than October 31, the city manager shall submit to the council through the mayor a proposed operating budget for the new fiscal year, showing separately for the general funds, each utility, and other funds, the following: (a) the revenue and expenditures during the preceding fiscal year; (b) appropriations, estimated revenue, and recommended expenditures for the next fiscal year; (c) a comparative statement of the assets, liabilities, reserves, and surplus at the end of the current fiscal year; and (d) such other information and data as may be considered necessary by the mayor and council.

SECTION 4.03. Action by council on budget.

Before the end of the second month of the current fiscal year, the council shall adopt an appropriate ordinance based on the mayor's budget, with such modifications as the council considers necessary or desirable. Appropriations need not be in more detail than a lump sum for each department, office, and agency unless otherwise directed by the council. The council shall not make any appropriations in excess of estimated revenue, except to provide for an actual emergency threatening the health, property, or lives, safety, or general welfare of the inhabitants of the city; provided the council unanimously agrees that there is such an emergency. If conditions prevent the adoption of an appropriation ordinance before the second month of the current fiscal year, the appropriations for the previous fiscal year shall become the appropriations for the new fiscal year, subject to amendment as provided by ordinance specifically passed for such purpose.

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SECTION 4.04. Additional appropriations.

The council may make appropriations in addition to those contained in the current operating budgets at any regular or special meeting called for such purpose, but any such additional appropriations shall be made for any public purpose only from an existing undesignated cash fund balance.

SECTION 4.05. Lapse of appropriations.

All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year and following review of revenues, any net surplus, shall be closed into the applicable undesignated fund balance.

SECTION 4.06. Capital improvements budget.

(a) On or before a date fixed by the council, but not later than the first regularly scheduled meeting of the new fiscal year, the city manager shall submit to the council through the mayor a proposed capital improvements budget with his or her recommendations as to the means of financing such improvements. The council shall have power to accept such budget with or without amendments or reject the proposed budget and proposed means of financing. The council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such projects are included in the capital improvements budget, except to meet a public emergency in the lives, health, or property of inhabitants, when passed by a four-fifths vote of the membership of the council. Such capital improvements budget may be revised and extended each year with regard to the capital improvements still pending on or in the process of construction or acquisition. (b) Before November 30 of the current fiscal year, the council shall adopt an appropriate ordinance based on the proposed capital improvements budget, with such modifications as the council considers necessary or desirable. No appropriation provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned, provided that, the mayor and council may submit amendments to the capital improvements budget at any time during the fiscal year. Any such amendments to the capital improvements budget shall become effective only upon adoption by a majority vote of the council.

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SECTION 4.07. Sale of city property.

Subject to other provisions of state and federal law, the mayor and council may sell any city property which is obsolete, surplus, or unusable at public sale with no less than 15 days' written notice to the public following the appropriate action declaring the property obsolete, surplus, or unusable at a regular meeting of the mayor and council, for such consideration as received; provided, however, the mayor and council shall not be obligated to sell such property unless the mayor and council consider the price to be equitable and just. In accordance with Code Section 36-37-6(b) of the O.C.G.A., as amended, surplus property with an estimated value of $500.00 or less, as determined by the finance director, city manager, or his or her designee, may be sold in the open market without advertisement and without acceptance of bids. Notice of the sale of surplus property may be posted on city bulletin boards so as to make it open market.

SECTION 4.08. Annual audit.

The mayor and council shall employ a certified public accountant to make an annual audit of all financial books and records of the city. The accountant shall file his or her report with the mayor and council and shall prepare a summary of the report which shall be furnished or made available to the mayor and every councilmember within 180 days of the closed audited fiscal year.

SECTION 4.09. Publication of financial statement.

As soon as practicable after the close of the fiscal year, but within six months after the close thereof, the mayor and council shall cause to be published in a local newspaper or on the city's website an annual report which shall contain a general statement of revenues and expenditures showing all municipal accounts as of the close of the preceding fiscal year. Such annual report shall be prepared so as to fairly represent the general financial condition of the city as of the close of the preceding fiscal year.

SECTION 4.10. Property taxes.

All property subject to taxation for state or county purposes, assessed as of January 1 in each year, shall be returned for taxes each year on or before April 1. Failure to make a tax return in a timely manner, as defined by city ordinance, will result in a penalty of not more than 10 percent of the taxes due on such property, along with interest on delinquent taxes and

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penalties, such interest being 1 percent per month, all as described by city ordinance. The board of tax assessors appointed by the Cobb County Board of Commissioners shall evaluate and assess all city property for tax purposes as provided by Georgia law. Appeals involving city property assessments may be taken as now or as may hereafter be provided by general law.

SECTION 4.11. Tax levy.

(a) The mayor and council shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the city for the purpose of raising revenues to defray the costs of operating the city government, providing governmental services, and for any other public purpose as determined by the mayor and council, and is also authorized to provide for sufficient levy to pay principal and interest on general obligation. (b) The mayor and council shall establish by ordinance 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 shall establish by ordinance 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 may provide by ordinance 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.

SECTION 4.12. Collection of delinquent taxes.

The mayor and council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk or finance director and executed by the chief of police or any person designated by ordinance under the same procedure provided by laws governing execution of such process from the superior court, or by the use of any other available legal processes and remedies. A lien shall exist against all property on which city property taxes are levied, as of the assessment day of January 1 of each year, which shall be superior to all other liens except that it shall have equal dignity with those for federal, state, or county taxes.

SECTION 4.13. Transfer of executions.

The clerk of the city or finance director of Kennesaw shall be authorized to transfer and assign any fi. fa. or execution issued for street, sewer, or any other assessment in the same manner, upon the same terms, and to the same effect, and thereby vest the purchaser or transferee, with the same rights as in cases of sales or transfers of tax fi. fas. as now provided by law; and in all sales of property hereafter made under execution on behalf of the city for the collection of street, sewer, and other assessments, the owner or owners, as the case may

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be, are authorized to redeem same within the same time and on compliance with the same terms and payment of the same premium, interest, and costs, as in cases of redemption of property where sold under state or county ad valorem tax fi. fa. as the same now exists, or as may from time to time be provided by law.

SECTION 4.14. Special assessments.

The council may assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent 30 days after their due dates, and shall thereupon be subject, in addition to fi. fa. charges, to interest at the rate of 1 percent per month from due date until paid. Upon payment becoming 90 days past due from the due date, a penalty of 10 percent or ten dollars ($10.00), whichever is greater, shall be added to the total balance. A lien for such amount plus fi. fa. charges, interest, and penalties, shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and such lien shall be enforceable by the same procedures and under the same remedies as provided in this article for city property taxes.

SECTION 4.15. Investment, preservation, and use of proceeds from sale of water and sewer system.

(a) In the event the City of Kennesaw shall cause the water and sewer system to be sold, the city shall invest a minimum of $9,000,000.00 of the net proceeds therefrom in state approved investment vehicles. The principal balance shall neither be spent nor sold without first putting the same question describing such use of the principal balance on a public referendum. Such expenditure of the principal balance shall be spent or sold only upon its approval by a majority of the voters casting a vote in such public referendum. (b) The provisions set forth in the paragraph above shall not affect the right of this mayor and council, or any succeeding mayor and council, to use any accumulated interest generated by the chosen investment vehicle for whatever lawful purposes the mayor and council so determine, including, but not limited to, the repayment of bonded indebtedness and other municipal obligations.

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ARTICLE V. ELECTIONS. SECTION 5.01. Regular elections.

The regular elections for mayor and councilmembers shall be held on the Tuesday next following the first Monday in November of the election year as their terms fall. Except as otherwise provided by law, officials elected at any regular election shall take office at the first regularly scheduled council meeting in January following their respective elections.

SECTION 5.02. Qualification of candidates.

(a) As provided in state law, each candidate for municipal office or a designee shall file a notice of candidacy in the office of the election superintendent during the city's qualifying period. The election superintendent shall designate the days of the qualifying period, which shall be no less than three days and no more than five days. The days of the qualifying period shall be consecutive days. Qualifying periods shall commence no earlier than 8:30 a.m. on the last Monday in August immediately preceding the general election and shall end no later than 4:30 p.m. on the following Friday; and in the case of a special election, the municipal qualifying period shall commence no earlier than the date of the call and shall end no later than 25 days prior to the election. (b) As provided in state law, the hours of qualifying each day shall be from 8:30 a.m. until 4:30 p.m. with one hour allowed for the lunch break; provided, however, that should the city have normal business hours which cover a lesser period of time, it shall conduct qualifying during its normal business hours. Except in the case of a special election, notice of the opening and closing dates and the hours for candidates to qualify shall be published at least two weeks prior to the opening of the qualifying period. (c) Notwithstanding anything contained in this section, the qualification period shall be no less than that required by O.C.G.A. 21-2-132(d)(3), as amended.

SECTION 5.03. Qualification of electors.

Any person meeting the qualifications of an elector of members of the General Assembly under state law who is a bona fide resident of the City of Kennesaw shall be qualified to register as an elector in any city election held under this charter.

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SECTION 5.04. Applicability of general laws.

Except as otherwise provided by this charter, the election of all officials of the City of Kennesaw where provision is made for election by the qualified voters thereof, shall be conducted as to special or general elections in conformity so far as applicable with the provisions of the Georgia Election Code in Title 21, Chapter 2 of the Official Code of Georgia Annotated as it now exists or may hereafter be amended. Whenever any time period established by such code is altered so as to change or supersede any time period provided in this charter, it shall be considered that such periods in this charter shall be correspondingly changed so as to avoid any conflict between the charter and the general law.

SECTION 5.05. Time of election; polls.

At all primaries and elections the polls shall be opened at 7:00 a.m. eastern standard time or eastern daylight time, whichever is applicable, and shall remain open continuously until 7:00 p.m. eastern standard time or eastern daylight time, whichever is applicable, at which time they shall be closed as provided by state law.

SECTION 5.06. Place of elections.

The polling place or places for holding elections shall be prescribed by the mayor and council and shall be published in the election notice; provided, however, any change in a polling place shall be effected as provided by the Georgia Election Code in Title 21, Chapter 2 of the Official Code of Georgia Annotated as it now exists or may hereafter be amended.

SECTION 5.07. Voter registration.

In all elections held in the City of Kennesaw, whether special or general elections, the voters, in addition to the qualifications already prescribed, shall be registered as may be prescribed by ordinance.

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SECTION 5.08. Rules.

The mayor and council are hereby authorized to enact by ordinance such additional rules consistent with this charter and general laws as are deemed necessary for the conduct of elections.

SECTION 5.09. Absentee ballots. The mayor and council in their discretion are authorized to provide by ordinance for absentee ballots for any city election.

SECTION 5.10. Call for elections.

Any call for an election which is required to be made by the laws of this state shall be made by the mayor and council.

SECTION 5.11. Contract to hold elections.

The city may contract with other local government entities to hold elections for the city.

ARTICLE VI. MUNICIPAL COURT.
SECTION 6.01. Creation.

There is hereby established a court to be known as the "Municipal Court," City of Kennesaw, which shall have jurisdiction and authority to try offenses against laws and ordinances of the city and to punish for violations of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance, and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before such court, to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the City of Kennesaw constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof; to establish bail and recognizances to insure the presence of those charged with violations and to prescribe the condition of forfeiture of the same; and to administer oaths and to perform all other acts necessary and proper to the conduct of such

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court. The presiding officer of such court shall be known as the municipal court judge. Such court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. The court shall sit at a place designated by the mayor and council.

SECTION 6.02. Municipal court judge.

(a) No person shall be qualified or eligible to serve as municipal court judge unless he or she shall have attained the age of 21 years, shall not have been convicted of a crime involving moral turpitude, and shall be qualified to vote in Cobb County. The municipal court judge shall be appointed by the mayor and council and shall serve at their discretion. The compensation of the municipal court judge shall be fixed by the mayor and council. Nothing in this charter shall disqualify the mayor or any councilmember from serving as municipal court judge or municipal court judge pro tem. (b) The municipal court judge pro tem shall serve in the absence of the municipal court judge, shall have the same qualifications as the municipal court judge, and shall be appointed by the mayor and council. (c) Before commencing the duties of his or her office, the municipal court judge or municipal court judge pro tem shall take an oath before an officer duly authorized to administer oaths in this state that he or she shall truly, honestly, and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. This oath shall be entered upon the minutes of the meeting of the mayor and council.

SECTION 6.03. Jurisdiction.

The municipal court judge shall have power to impose fines, costs, and forfeitures for the violation of any law or ordinance of the City of Kennesaw passed in accordance with this charter for each offense in an amount not to exceed $1,000.00, to imprison offenders for a period of not more than six months, or both, or such lesser or greater punishment as may be prescribed by state law. Such municipal court judge shall not have the authority to inflict a greater punishment for contempt than to impose a fine not exceeding $200.00, imprisonment not exceeding ten days, or both, or such lesser or greater punishment as may be prescribed by state law. The municipal court judge shall be for all intents and purposes a magistrate, so far as to enable him or her to issue warrants for offenses committed within the limits of the City of Kennesaw, which warrants shall be executed by an officer of the city, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in the city. The municipal court shall also have concurrent jurisdiction with that of the magistrate over offenses against the criminal laws of the state committed within the corporate limits. Except as may be otherwise

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specified in this charter, the municipal court judge is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the City of Kennesaw. The municipal court is specifically invested with all jurisdiction and powers throughout the entire area within the corporate limits granted by state laws generally to mayors, municipal court judges, and police courts, and particularly such laws as authorize the abatement of nuisances. The municipal court judge is hereby authorized to administer oaths.

SECTION 6.04. Right of appeal.

The right of appeal and procedures pertaining to appeal bonds to the Superior Court of Cobb County from the municipal court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court. An appeal to the superior court shall be a de novo proceeding.

SECTION 6.05. Court costs.

In all cases in the municipal court of the City of Kennesaw the costs incurred and allowable by this charter may be computed under the provisions of the laws of the State of Georgia fixing costs in the magistrate courts of this state, or the mayor and council may establish a schedule of fees to defray costs of operation, and the city shall be entitled to reimbursement of the costs, meals, transportation, and caretaking of prisoners bound over to the superior court for violations of state law. The mayor and council may also provide a uniform scale of costs of the clerk and police officers of the city for all services in the arrest and prosecution of offenders in the municipal court and in the issuance and collection of tax and other executions; and for their collection and payment into the city treasury. The municipal court judge is hereby authorized to issue subpoenas to compel the attendance of witnesses to such municipal court, and to issue such other processes as may be necessary for the proper administration of such court.

SECTION 6.06. Rules for court.

With the approval of the mayor and council, the municipal court judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the business of such court; provided, however, that the mayor and council may adopt in part or in toto the rules and regulations relative to the procedures for the operation of the superior courts under the general laws of the State of Georgia.

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SECTION 6.07. Probation.

In addition to the provisions of Section 6.03 of this charter, the municipal court shall have the authority to place any person found guilty of a violation of a traffic law or ordinance of the City of Kennesaw on probation and to suspend or modify any sentence. In addition to such punishment, the court may require attendance at safety education schools, alcohol or drug risk reduction schools, or other training and educational programs. The municipal court shall have the authority to order any person placed on probation to pay a probation fee to the City of Kennesaw Probation Department or to any corporation, enterprise, or agency to which the City of Kennesaw has contracted to perform probation services. In addition, any person required to attend a safety education school, alcohol or drug risk reduction school, or other training or educational programs shall pay all the costs thereof. The municipal court shall further have authority to require any person found guilty of a violation of a traffic law or ordinance of the City of Kennesaw to submit to random drug or alcohol testing and to pay all costs of such tests. The mayor and council shall have the power to set probation fees.

ARTICLE VII. GENERAL PROVISIONS.
SECTION 7.01. Specific Repealer.

An Act incorporating the City of Kennesaw in the County of Cobb, approved April 10, 1971 (Ga. L. 1971, p. 3620), 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 7.02. Effective date.

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

SECTION 7.03. 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 2013 session of the General Assembly of Georgia a bill to enact a new charter for the City of Kennesaw; to provide for related matters; and for other purposes.

Representative Charles Gregory 34th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Gregory, who on oath deposes and says that he is the Representative from District 34 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on March 10, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CHARLES GREGORY Charles Gregory Representative, District 34

Sworn to and subscribed before me, this 20th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

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GREENE COUNTY GREENE COUNTY AIRPORT AUTHORITY; SECRETARY-TREASURER.

No. 161 (House Bill No. 626).

AN ACT

To amend an Act to create and establish the Greene County Airport Authority, approved March 13, 1978 (Ga. L. 1978, p. 3223), so as to split the position of secretary-treasurer into two separate positions; 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 and establish the Greene County Airport Authority, approved March 13, 1978 (Ga. L. 1978, p. 3223), is amended by revising Section 4 to read as follows:
"Section 4. Meetings. The authority shall hold its first meeting within 45 days after the effective date of this Act. The authority shall meet at such times as may be necessary to transact the business coming before it, but not less than quarterly. At its first meeting in January of each year, the authority shall elect one member as chairperson, one member as secretary, and one member as 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. Three members of the authority shall constitute a quorum for the transaction of all business coming before it."

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 2013 session of the General Assembly of Georgia, in a bill to amend an Act to create and establish the Greene County Airport Authority approved March 13, 1978. (GA. L. 1978, p. 3223), as amended, and for other purposes.

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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 120 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Herald Journal which is the official organ of Greene County on March 14, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MICKEY CHANNELL Mickey Channell Representative, District 120

Sworn to and subscribed before me, this 14th day of March 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

CITY OF RINCON CORPORATE LIMITS.

No. 162 (House Bill No. 625).

AN ACT

To amend an Act entitled "An Act to provide a new charter for the City of Rincon," approved April 4, 1997 (Ga. L. 1997, p. 3556), as amended, particularly by an Act approved April 15, 2005 (Ga. L. 2005, p. 3547), so as to provide that the corporate limits of such town shall include certain property; 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 Rincon," approved April 4, 1997 (Ga. L. 1997, p. 3556), as amended, particularly by an Act approved April 15, 2005

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(Ga. L. 2005, p. 3547), is amended by inserting at the end of Section 1.11 a new subsection to read as follows:
"(d) Notwithstanding the provisions of subsection (a) of this section, the following described tract of land shall constitute a part of the territorial limits of the City of Rincon:
Commencing at a 3" concrete monument found at the southwest corner of Winfield Drive and the northern right-of-way of Towne Park East Drive, Said point being the Point of Commencing; Thence along a curve to the left having a radius of 150.01', an arc length of 193.60', a chord distance of 180.44', a chord bearing of N 65 52' 25" W and a delta angle of 73 56' 33" to a 5/8" rebar w/cap, Said point being the Point of Beginning; Thence along a curve to the left having a radius of 150.00', an arc length of 49.77', a chord distance of 49.54', a chord bearing of S 67 38' 54" W and a delta angle of 19 00' 39" to a point, Thence along a curve to the left having a radius of 330.00', an arc length of 19.56', a chord distance of 19.56', a chord bearing of S 56 26' 42" W and a delta angle of 3 23' 45" to a point, Thence along a curve to the left having a radius of 330.00', an arc length of 160.88', a chord distance of 159.29', a chord bearing of S 40 46' 51" W and a delta angle of 27 55' 56" to a point, Thence S 26 48' 53" W a distance of 40.02' to a 3" concrete monument, Thence N 28 35' 48" W a distance of 447.09' to a 3" concrete monument marking the beginning of a survey tie line, Thence along the survey tie line N 46 57' 49" E a distance of 593.09' to a 3" concrete monument marking the end of a survey tie line, Thence from the 3" concrete monument marking the beginning of the survey tie line N 28 35' 48" a distance of 31' +/! to the run of the creek which is the northern boundary line, Thence along a meandering line along the run of the creek in a northeasterly direction a distance of 593' +/! to a point, Thence S 28 35' 46" E a distance of 11' +/! to a 3" concrete monument marking the end of a survey tie line, Thence S 28 35' 46" E a distance of 189.13' to a 5/8" rebar w/cap, Thence S 15 46' 44" W a distance of 462.70' to a 5/8" rebar w/cap, Said point being the Point of Beginning. Said property having an area of 5.0 Acres +/! to the run of the creek."

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 2013 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 Rincon," approved April 4, 1997 (Ga. L. 1997, p. 3556), as amended, particularly by an Act approved April 15, 2005 (Ga. L. 2005, p. 3547); and for other purposes.
Representative Bill Hitchens District 161

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GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Hitchens, who on oath deposes and says that he is the Representative from District 161 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Effingham Herald which is the official organ of Effingham County on March 15, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BILL HITCHENS Bill Hitchens Representative, District 161

Sworn to and subscribed before me, this 19th day of March 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

DAWSON-TERRELL COUNTY AIRPORT AUTHORITY MEMBERSHIP.

No. 163 (House Bill No. 624).

AN ACT

To amend an Act creating the Dawson-Terrell County Airport Authority, approved April 4, 1997 (Ga. L. 1997, p. 3696), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3958), so as to change the membership; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. An Act creating the Dawson-Terrell County Airport Authority, approved April 4, 1997 (Ga. L. 1997, p. 3696), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3958), is amended by revising subsection (b) of Section 3 as follows:
"(b) The authority shall consist of seven members who shall be residents of Terrell County appointed by the governing authority of Terrell County for terms of office of four years each; provided, however, that the members of the authority serving on July 1, 2013, shall continue to serve for the remainder of their terms and until their successors are duly appointed and qualified. The seventh member shall be appointed to take office on July 1, 2013. 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 Terrell 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 by the governing authority of Terrell County and the person so selected and appointed shall serve for the remainder of the unexpired term. The members of the authority shall be reimbursed for all actual expenses incurred in the performance of their duties out of funds of the authority. The authority shall make rules and regulations for its own government. It shall have perpetual existence."

SECTION 2. This Act shall become effective on July 1, 2013.

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 2013 session of the General Assembly of Georgia a bill to amend an Act creating the Dawson-Terrell County Airport Authority, approved April 4, 1997 (Ga. L. 1997, p. 3696), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3959); and for other purposes.
This 6th day of March, 2013.
Honorable Gerald Greene Representative, District 151

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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 151 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Dawson News which is the official organ of Terrell County on March 14, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GERALD GREENE Gerald Greene Representative, District 151

Sworn to and subscribed before me, this 20th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

CITY OF COMMERCE CITY OF COMMERCE PUBLIC FACILITIES AUTHORITY; CREATION.

No. 164 (House Bill No. 623).

AN ACT

To create the City of Commerce Public Facilities Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for the issuance and sale of revenue bonds and other obligations and their negotiability, sale, and use of proceeds from such sales; to provide for conditions for issuance of such obligations; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding

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bonds; to provide for bond validation; to provide for venue and jurisdiction; to provide for trust funds; to provide for the authority's purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions and exemptions from levy and sale; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for severability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Name of Act.

This Act shall be known and may be cited as the "City of Commerce Public Facilities Authority Act."

SECTION 2. Creation of authority; purpose.

There is created a body corporate and politic to be known as the "City of Commerce Public Facilities Authority," which shall be deemed to be a public corporation. Such corporation shall be separate and distinct from any public corporation or other entity heretofore created by the General Assembly and shall be an instrumentality of the State of Georgia exercising governmental powers. The authority is created for the purpose of promoting the public good and general welfare of the citizens of the City of Commerce and assisting the City of Commerce in providing facilities, equipment, and services to the citizens of the City of Commerce and the citizens located in the territories served by the City of Commerce in the most efficient means possible. In connection with the exercise of any of its powers, the members of the authority may make findings or determinations regarding the public good and general welfare of the citizens of the City of Commerce and the use of facilities, equipment, and services, and such findings or determinations, if made, shall be conclusive and binding.

SECTION 3. Definitions.

As used in this Act, the term: (1) "Authority" means the City of Commerce Public Facilities Authority created in this Act. (2) "City" means the City of Commerce, Georgia, or its successor.

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(3) "Cost of the project" means and includes: (A) The cost of construction; (B) The cost of all land or interests therein, properties, rights, easements, and franchises acquired; (C) The cost of acquiring, constructing, or erecting buildings, improvements, materials, labor, and services; (D) The cost of all machinery and equipment; (E) Financing charges, including interest prior to and during construction or acquisition of any project and for six months after such project is placed in service and operational at the level intended; (F) The cost of construction, engineering, architectural, fiscal, accounting, inspection, and legal expenses relating to a project or to the financing or refinancing of any project and other expenses necessary or incident to determining the feasibility or practicability of any project; and (G) Administrative expenses relating to any project or to the financing or refinancing thereof and such other expenses as may be necessary or incident to the financing of a project authorized by this Act, the acquisition, construction, renovation, reconstruction, or remodeling of a project, and the placing of the same in operation.
Any such obligation or expense shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the authority, including proceeds of any revenue bonds issued under the provisions of this Act for any such project or projects and the proceeds of the sale of any contracts, lease agreements, or installment sale agreements or the amounts payable thereunder, either directly or by the creation of interests therein. (4) "Project" means any capital project located inside or outside the territorial boundaries of the city that is determined by the authority to promote the public good or general welfare of the citizens of the city or to be necessary or convenient for the efficient operation of the city, or any of its enterprises or systems, including, but not limited to, the acquisition, construction, renovation, improvement, extension, addition, or equipping of:
(A) Utility systems and improvements, including without limitation water and sewer systems and facilities, sewage and solid waste disposal systems and facilities, and electric, gas, and other similar facilities or systems; (B) Emergency facilities, including emergency, fire, sheriff, and rescue facilities; (C) Recreational facilities, including parks, athletic fields, buildings, or facilities, or other similar facilities; (D) Public safety facilities, including jails, sheriff's offices, facilities, or equipment, and state patrol or other law enforcement facilities or equipment; (E) Health care facilities and equipment; (F) Educational, cultural, or historical facilities and equipment; (G) Transportation facilities and equipment; (H) Administrative facilities and equipment;

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(I) Any undertaking permitted by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; and (J) Any undertaking, project, or service for which the governmental body contracting with the authority is authorized by law to undertake in the performance of its governmental, proprietary, or administrative functions; all personal property to be used in connection therewith; and the lease and sale of any part or all of such facilities, including real and personal property, so as to ensure the efficient and proper development, maintenance, and operation of such project deemed by the authority to be necessary, convenient, or desirable. (5) "Revenue bonds" means revenue bonds issued by the authority pursuant to the terms of this Act or under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."

SECTION 4. Powers of the authority.

The authority shall have the power: (1) To hold, own, lease, transfer, and convey real and personal property or interests; (2) To sue and be sued; (3) To have and use a seal and to alter the same at its pleasure; (4) To acquire, construct, purchase, own, equip, operate, extend, improve, lease, and sell any project; (5) To exercise the powers conferred upon a public corporation or a public authority by Article IX, Section III, Paragraph I of the Constitution of Georgia if such authority is expressly declared to be a public corporation or a public authority within the meaning of such provision of the Constitution of Georgia; (6) To acquire property and projects in its own name by gift or by purchase on such terms and conditions and in such manner as it may deem proper. If the authority shall deem it expedient to construct any project on real property or any interest therein or usufruct which is subject to the control of the city, the city is authorized to convey such real property or interest therein to the authority for no consideration or for such consideration as may be agreed upon by the authority and the city, taking into consideration the public benefit to be derived from such conveyance. The city may transfer such property or interest therein without the necessity of putting the same out for bid and without regard to any determination as to whether or not such property or interest therein is in surplus; (7) To accept gifts and bequests for its corporate purposes; (8) To appoint, select, and employ, with or without bidding, as the authority may choose, officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, underwriters, or other advisors, and attorneys, and to fix their compensation;

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(9) To make and execute with public and private persons and corporations contracts, lease agreements, rental agreements, installment sale agreements, and other instruments relating to its projects and incident to the exercise of the powers of the authority, including contracts for constructing, renting, leasing, and selling its projects for the benefit of the city; provided, however, without limiting the generality of this paragraph, that the authority is specifically granted the power to enter into contracts, lease agreements, rental agreements, installment sale agreements, and related agreements for a term not exceeding 50 years as provided in Article IX, Section III of the Constitution of Georgia; (10) To lease, sell, transfer, or otherwise dispose of any property, real or personal, or assets of the authority or to assign its rights under its contracts, lease agreements, or installment sale agreements or its right to receive payments thereunder, either directly or through trusts or custodial arrangements whereby interests are created in such contracts, lease agreements, or installment sale agreements or the payments to be received thereunder through the issuance of trust certificates, certificates of participation, custodial receipts, or other similar instruments. In connection with any such sale, lease, transfer, or assignment, the authority need not comply with any other provision of law requiring public bidding or any announcement to the public of the sale of such property, assets, or rights; (11) To accept loans and grants of money or property of any kind from the United States, the State of Georgia, or any political subdivision or municipal corporation of the State of Georgia; (12) To borrow money for any of its corporate purposes and to issue revenue bonds, notes, or other types of indebtedness payable solely from funds or revenues of the authority pledged for that purpose and to pledge and assign any of its revenues, income, rent, charges, and fees to provide for the payment of the same and to provide for the rights of the holders of such revenue bonds; provided, however, that the power conferred by this paragraph shall not be exercised after the expiration of four years from the effective date of this Act; (13) To enter into:
(A) Interest rate swaps, collars, or other types of interest rate management agreements, or (B) Credit enhancement or liquidity agreements relating to any obligations of the authority, provided that the obligation of the authority under any such agreements shall not be a general obligation of the authority but shall be a limited obligation of the authority payable from a specific source of funds identified for such purpose. The authority shall be exempt from any requirement of Georgia law requiring a swap management plan or other similar plan relating to interest rate swap agreements; (14) To make such rules and regulations governing its employees and property as it may in its discretion deem proper;

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(15) To be sued the same as any private corporation on any contractual obligation of the authority. The authority shall have the same rights to sue any other person or entity as any private corporation; and (16) To issue its revenue bonds, notes, or other obligations to finance or refinance any project which may be financed by the city under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."

SECTION 5. Members of the authority; terms of office.

(a) The authority shall consist of eight members as follows: (1) Seven members shall be the mayor and members of the city council; and (2) One member shall be a resident of the city and shall be appointed by the mayor and city council.
The terms of office of the members who are the mayor and members of the city council shall be concurrent with their terms of office as mayor and members of the city council. The term of office of the remaining member of the authority shall be four years and until his or her successor is appointed and qualified. Successors to such members shall be appointed as the original members were appointed, as provided herein, and any vacancies shall be filled by the appointing authority, as provided herein, for the unexpired term. A majority of the members of the authority shall constitute a quorum, and no vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority, and in every instance, a majority vote of a quorum shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds. One of the members of the authority who is also the mayor or a member of the city council shall be the chairperson of the authority and shall be elected by the mayor and city council. The authority shall elect a secretary and treasurer who need not necessarily be members of the authority. The authority may elect a vice chairperson or any number of assistant secretaries or treasurers as it may from time to time deem necessary or desirable. The members of the authority shall not be entitled to compensation for their services but shall be entitled to and shall be reimbursed for the actual expenses necessarily incurred in the performance of their duties. (b) The authority shall make rules and regulations for its own governance, and it shall have perpetual existence. Any change in name or composition of the authority shall in no way affect the vested rights of any person under the provisions of this Act or impair the obligations of any contracts existing under this Act.

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SECTION 6. Issuance and sale of revenue bonds.

The authority shall have power and is authorized from time to time to provide for the issuance and sale of negotiable revenue bonds in the manner provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," for the purpose of paying all or any part of the cost of any one or more projects, including the cost of constructing, reconstructing, equipping, extending, adding to, or improving any such project, or for the purpose of refunding, as provided in this Act, any such bonds of the authority or any other authority or public body previously issued to finance or refinance the cost of a project. The principal of and interest on such revenue bonds shall be a limited obligation of the authority payable solely from the source or sources of funds specified in the indenture or resolution of the authority authorizing the issuance of such revenue bonds. The revenue bonds of each issue shall be issued and validated under and in accordance with the provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." Such revenue bonds shall mature on such dates, bear interest at such rate or rates, whether fixed or variable, be subject to redemption, and have such other terms as the authority may provide in the indenture or resolution relating thereto. Such revenue bonds shall not be subject to any provision of Georgia law limiting the rate of interest payable thereon and may be sold in a negotiated sale or in a public sale as the authority may determine.

SECTION 7. Power to incur loans or issue notes.

The authority shall also have the power to incur indebtedness from time to time for the purpose of financing or refinancing any project or refunding any obligations previously issued for such purpose or for any other purpose, whether in the form of a loan or through the issuance of notes, and the principal of and interest on such notes or loans shall be a limited obligation of the authority payable solely from the source or sources of funds specified in the resolution or trust indenture of the authority authorizing such loan or the issuance of such notes. Any such loan or notes shall not be required to be validated as a condition to the issuance thereof and shall have such terms as may be specified by the authority in the resolution or indenture authorizing the same.

SECTION 8. Negotiable instruments; bonds and other obligations exempt from taxation.

All revenue bonds issued under the provisions of this Act shall have all the qualities and incidents of negotiable instruments under the negotiable instruments law of this state. All such bonds and any loan incurred or note issued as provided in this Act are declared to be

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issued or incurred for an essential public and governmental purpose, and such obligations and the interest thereon shall be exempt from all taxation within this state.

SECTION 9. Revenue bonds or notes not a debt or general obligation.

Revenue bonds or notes issued under the provisions of this Act or any loan incurred as authorized herein shall not constitute a debt or a pledge of the faith and credit of the State of Georgia or of any political subdivision or municipal corporation thereof, including the city, but shall be payable solely from the sources as may be designated in the resolution or indenture of the authority authorizing the issuance of the same. The issuance of such obligations shall not directly, indirectly, or contingently obligate the State of Georgia or any political subdivision or municipal corporation thereof, including the city, to levy or pledge any form of taxation for the payment thereof. No holder of any bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the State of Georgia or any political subdivision or municipal corporation thereof, including the city, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such obligations shall contain on their face a recital setting forth substantially the provisions of this section. Nothing in this section shall be construed to prohibit the State of Georgia or any political subdivision, municipal corporation or agency thereof, including the city, from obligating itself to pay the amounts required under any contract entered into with the authority pursuant to Article IX of the Constitution of Georgia, or any successor provision, including from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred with the authority and from any other source.

SECTION 10. Issuance of bonds or obligations under trust indentures or resolutions.

In the discretion of the authority, any issue of such revenue bonds, notes, or other obligations may be secured by a trust indenture by and between the authority and a trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State of Georgia. Such trust indenture may pledge or assign fees, tolls, rents, revenues, and earnings to be received by the authority, including the proceeds derived from the financing, sale, or lease, from time to time, of any project. Either the resolution providing for the issuance of revenue bonds or other obligations or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the owners of such bonds or obligations as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority or any lessee or purchaser in relation to the acquisition and construction of any project, the maintenance, operation, repair, and issuance of any project, and the custody, safeguarding, and application of all moneys, including the

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proceeds derived from the sale or lease of any project or from the sale of any such bonds, notes, or other obligations, and may also contain provisions concerning the conditions, if any, upon which additional bonds, notes, or other obligations may be issued, whether on a parity with or subordinate to any other obligations issued by the authority. Such trust indenture or resolution may set forth the rights and remedies of the owners of such obligations and of the trustee. Such trust indenture or resolution may contain such other provisions as the authority may deem reasonable and proper for the security of the owners of such bonds or other obligations or otherwise necessary or convenient in connection with the issuance of such obligations. All expenses incurred in carrying out such trust indenture or resolution may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such trust indenture or resolution.

SECTION 11. Security for the payment of bonds or other obligations.

The authority may assign or pledge any property or revenues to the payment of the principal of and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust indenture may provide. The use and disposition of such property or revenues assigned to the payment of bonds or other obligations shall be subject to the trust indenture or resolution authorizing the issuance of such revenue bonds or obligations. Any lien created by the authority for the payment of such bonds or obligations may be a first lien or a subordinate lien as the authority may provide, and any such trust indenture or resolution may provide, at the option of the authority, for the issuance of additional bonds or other obligations sharing any lien on a parity or subordinate lien basis.

SECTION 12. Refunding bonds or obligations.

The authority is authorized to provide by resolution for the issuance of obligations, whether revenue bonds, notes, or other obligations, for the purpose of refunding any revenue bonds or other obligations issued under the provisions of this Act or under any other provision of Georgia law so long as such bonds or other obligations were issued for a purpose or project for which the authority could issue bonds. The issuance of such refunding bonds or other obligations and all the details thereof, the rights of the holders thereof, and the duties of the authority with respect to the same shall be governed by the provisions of this Act insofar as the same may be applicable.

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SECTION 13. Principal office; venue.

The principal office of the authority shall be in the city, and the venue of any action against it shall be in Jackson County, Georgia. Any action pertaining to the validation of any bonds issued under the provisions of this Act and for the validation of any contract entered into by the authority shall be brought in the Superior Court of Jackson County, and such court shall have exclusive original jurisdiction of such actions. Service upon the authority of any process, subpoena, or summons shall be effected by serving the same personally upon any member of the authority.

SECTION 14. Validation of revenue bonds.

Revenue bonds of the authority shall be confirmed and validated in accordance with the procedure set forth in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," as the same now exists or may hereafter be amended. The petition for validation shall also make a party defendant to such action the city, if the city has or will contract with the authority with respect to the project for which bonds are to be issued and are sought to be validated. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to the validity of such bonds against the authority and against all other persons or entities, regardless of whether such persons or entities were parties to such validation proceedings.

SECTION 15. No impairment of rights.

While any of the bonds or other obligations issued by the authority or any interests in contracts of 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 interest and rights of the holders of such bonds or obligations or such interests in contracts of the authority. The provisions of this section shall be for the benefit of the authority and the holders of any such bonds or obligations and interests in contracts of the authority and, upon the issuance of bonds or obligations or the creation of interests in contracts of the authority under the provisions of this Act, shall constitute a contract with the holders of such bonds or obligations or such interests in contracts of the authority.

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SECTION 16. Trust funds; permitted investments.

All moneys received by the authority pursuant to this Act, whether as proceeds from the sale of revenue bonds or obligations of the authority, as grants or other contributions, or as revenues, income, fees, and earnings, shall be deemed to be the trust funds to be held and applied solely as provided in this Act and in such resolutions and trust indentures as may be adopted and entered into by the authority pursuant to this Act. Any such moneys or funds may be invested from time to time in such investments as may be permitted under the indenture, agreement, or resolution establishing the fund or account in which such funds are held, or if not held in such a fund or account, in such investments as would be permitted investments for a development authority created under Code Section 36-62-1, et seq., of the O.C.G.A., as amended.

SECTION 17. Power to set rates, fees, and charges.

The authority is authorized to prescribe and fix and collect rates, fees, tolls, rents, and charges and to revise, from time to time, and collect such revised rates, fees, tolls, rents, and charges for the services, facilities, or commodities furnished, including leases, concessions, or subleases of its projects, and to determine the price and terms at and under which its projects may be sold, leased, or otherwise disposed.

SECTION 18. Essential governmental function; no taxes or assessments.

All property or interests in property owned by the authority shall be public property held and owned for governmental purposes and shall be exempt from ad valorem taxation. The exercise of the powers conferred upon the authority in this Act shall constitute an essential governmental function for a public purpose, and the authority shall not be required to pay taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation and maintenance of property acquired by it or of buildings erected or acquired by it or any fees, rentals, or other charges for the use of such property or buildings or other income received by the authority. The tax exemption provided in this section shall not include an exemption from sales and use tax on property purchased by or for the use of the authority.

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SECTION 19. Immunity of authority and members.

The authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia, and the officers, agents, and employees of the authority, when in performance of the work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of the State of Georgia.

SECTION 20. Authority property not subject to levy and sale.

The property of the authority shall not be subject to levy and sale under legal process.

SECTION 21. Authority area of operation.

The scope of the authority's operations shall be limited to the territory embraced within the territorial limits of the city and within the territorial limits of any project owned or operated by the city, as the same now or may hereafter exist; provided, however, that nothing in this section shall prevent the authority from contracting with any entity, public or private, outside of the city with respect to any project located in or outside of the city if the authority shall determine that entering into such contract is in the best interest of the authority and in furtherance of its public purposes.

SECTION 22. Supplemental powers.

This Act does not in any way take away from the authority any power which may be conferred upon it by law but is supplemental thereto.

SECTION 23. No power to impose taxes.

The authority shall not have the right to impose any tax on any person or property.

SECTION 24. Act to be liberally construed.

This Act shall be liberally construed to effect the purposes hereof.

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SECTION 25. Severability of provisions.

Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect the remainder of this Act, or any part hereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof.

SECTION 26. Effective date.

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

SECTION 27. Conflicting laws.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to create the City of Commerce Public Facilities Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for the issuance and sale of revenue bonds and other obligations and their negotiability, sale, and use of proceeds from such sales; to provide for conditions for issuance of such obligations; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for bond validation; to provide for venue and jurisdiction; to provide for trust funds; to provide for the authority's purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions and exemptions from levy and sale; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for severability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

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s/Thomas Benton Representative Thomas Benton District 31

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas Benton, who on oath deposes and says that he is the Representative from District 31 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Jackson Herald which is the official organ of Jackson County on March 13, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ THOMAS BENTON Thomas Benton Representative, District 31

Sworn to and subscribed before me, this 20th day of March 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

QUITMAN COUNTY BOARD OF EDUCATION; CHAIRPERSON AND MEMBERS; COMPENSATION.

No. 165 (House Bill No. 622).

AN ACT

To amend an Act reconstituting the Board of Education of Quitman County, approved March 16, 1994 (Ga. L. 1994, p. 3689), as amended, so as to change certain provisions regarding the compensation of the chairperson and members of the board and provide for a monthly salary in lieu of per diem; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act reconstituting the Board of Education of Quitman County, approved March 16, 1994 (Ga. L. 1994, p. 3689), as amended, is amended by revising Section 6 as follows:

"SECTION 6. The chairperson of the Board of Education of Quitman County shall be paid $350.00 per month as his or her compensation for services rendered and for attendance at all regular and special meetings of the board. Each member of the board other than the chairperson shall be paid $300.00 per month as his or her compensation for services rendered and for attendance at all regular and special meetings of the board. When performing official business that requires travel outside the Quitman County school district and is authorized in advance by a majority vote of the board, the chairperson and each member of the board shall receive actual and necessary expenses incurred in the performance of their duties outside the county school district and shall be entitled to the same mileage, meals, and lodging allowances provided for state officers and employees in Code Section 50-19-7 of the O.C.G.A., as now or hereafter amended."

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act reconstituting the Board of Education of Quitman County, approved March 16, 1994 (Ga. L. 1994, p. 3689), as amended; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Greene, who on oath deposes and says that he is the Representative from District 151 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

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Quitman County on March 10, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GERALD GREENE Gerald Greene Representative, District 151

Sworn to and subscribed before me, this 18th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

CITY OF PEACHTREE CORNERS REDEVELOPMENT POWERS; REFERENDUM.

No. 166 (House Bill No. 620).

AN ACT

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The City of Peachtree Corners shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize the City of Peachtree Corners to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII of the Constitution

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

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the governing authority of the City of Peachtree Corners may at any time direct the election superintendent of the City of Peachtree Corners to issue the call for a special election as provided in this section for the purpose of submitting this Act to the electors of the City of Peachtree Corners for approval or rejection. The governing authority of the City of Peachtree Corners shall specify the date the special election is to be held, and the election superintendent shall issue the call for the special election at least 30 but not more than 60 days prior to the date thereof and conduct the election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gwinnett County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City of Peachtree Corners to exercise all redevelopment powers granted cities under the
( ) NO 'Redevelopment Powers Law,' as it may be amended from time to time?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following the election date. The expense of such election shall be borne by the City of Peachtree Corners. 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 2013 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Peachtree Corners,

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approved May 11, 2011 (2011 Ga. Laws [Act No. 90], page 3729), so as to change provisions relating to the City's authorization to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Rice, who on oath deposes and says that he is the Representative from District 95 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on March 7, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TOM RICE Tom Rice Representative, District 95

Sworn to and subscribed before me, this 14th day of March 2013. s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

CITY OF LYONS NEW CHARTER.

No. 167 (House Bill No. 616).

AN ACT

To provide a new charter for the City of Lyons; 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

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governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a city manager, mayor, and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of appeal; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for severability; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for 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 of Lyons, in Toombs County, Georgia, is reincorporated by the enactment of this charter and is hereby constituted and declared a body politic and corporate under the name and style City of Lyons, Georgia, and by that name shall have perpetual succession.

SECTION 1.11. Corporate boundaries.

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

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(b) The council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

SECTION 1.12. Powers and construction.

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

SECTION 1.13. Examples of powers.

The powers of this city 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; (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, fire safety, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or 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

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authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of storm water and establishment of a storm-water utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains and other public property in the city; to provide for commitment of such persons to any jail; 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;

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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, storm-water management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (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 council deems necessary and reasonable to insure 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; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for

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such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for, or impose taxes on, public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan and other employee benefit plans and programs for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Water and 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; to charge, impose, and collect a sewer connection fee or fees to those connected with the system; to levy a fee, charge, or water tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of wells, storage tanks, and a water system and to levy on those to whom water services are made available a water service fee, charge, or tax for the availability or use of the water system; 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 water connection fee; (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

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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 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; (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 assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law. (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the 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.

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ARTICLE II. GOVERNMENT STRUCTURE
SECTION 2.10. 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 council to be composed of a mayor and five councilmembers. The 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. Council terms and qualifications for office.

(a) The mayor and council in office on the effective date of this charter shall continue in office until their respective successors are elected and qualified. (b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for six months and a resident of the State of Georgia for 12 months prior to the date of election of mayor or councilmembers; each shall continue to reside therein during that member's period of service and to be registered and qualified to vote in municipal elections of this city. No person shall be eligible to serve as a councilmember representing a council district or ward unless that person continues to reside in such district or ward during that person's period of service.

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 council or those members remaining if less than 12 months remains in the unexpired term. If such vacancy occurs 12 months or more prior to the expiration of the term of that office, it shall be filled for the remainder of the unexpired term by a special election, as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., or such other laws as are or may hereafter be enacted. (c) Suspension. This section shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember.

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SECTION 2.13. Mayor and council; compensation and expenses.

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

SECTION 2.14. Conflicts of interest; holding other offices.

(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest. No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction, or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of the official's judgment or action in the performance of those official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of the official's judgment or action in the performance of those official duties; (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 council. The mayor or any councilmember who has a financial interest in any matter pending before the council shall disclose such interest and such disclosure shall be entered on the records of the council, and

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that official shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) Use of public property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit or profit but shall use such property only in their capacity as an officer or employee of the city. (e) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the council. (f) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or appointive office in the city or otherwise be employed by the city or any agency thereof during the term for which that official was elected. No former mayor and no former councilmember shall hold any appointive office in the city until one year after the expiration of the term for which that official was elected. (g) Political activities of certain officers and employees. No 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 for or election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and council either immediately upon election or at any time such conflict may arise. (h) Penalties for violation.
(1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the city who shall forfeit an office or position as described in paragraph (1) of this subsection, shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.

SECTION 2.15. Inquiries and investigations.

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

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SECTION 2.16. General power and authority of the council.

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

SECTION 2.17. Eminent domain.

The 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 council shall hold an organizational meeting on the first Tuesday in January of every year or on the first Wednesday in January if the first Tuesday is January 1. The meeting shall be called to order by the mayor-elect and the oath of office shall be administered to the newly elected members by a judicial officer authorized to administer oaths and shall, to the extent that it comports with federal and state law, be as follows:
"I do solemnly (swear)(affirm) that I will faithfully perform the duties of (mayor)(councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident [of

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my district and] the City of Lyons 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 Lyons to the best of my ability without fear, favor, affection, reward, or expectation thereof."

SECTION 2.19. Regular and special meetings.

(a) The council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the council may be held on call of the mayor or three councilmembers. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice 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 council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.

SECTION 2.20. Rules of procedure.

(a) The 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 council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.

SECTION 2.21. Quorum: voting.

(a) Three councilmembers shall constitute a quorum and shall be authorized to transact business of the 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 council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. If only three

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councilmembers are present and except as otherwise provided in this charter, the affirmative vote of two councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) The mayor shall cast the deciding vote in case of a tie.

SECTION 2.22. Ordinance form; procedures.

(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. The enacting clause shall be "BE IT ORDAINED by the Mayor and Council of the City of Lyons, Georgia..." 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 council. Ordinances shall be considered and adopted or rejected by the 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 shall file a reasonable number of copies in the office of the city clerk and at such other public places as the council may designate. Any ordinance that amends the charter must be adopted at two regular consecutive meetings pursuant to Code Section 36-35-3 of the O.C.G.A. Charter amendments shall be ineffective until a copy is provided to the Secretary of State's office pursuant to Code Section 36-35-5 of the O.C.G.A.

SECTION 2.23. Action requiring an ordinance.

Acts of the 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 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 if only three councilmembers are

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present, the affirmative vote of at least two councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 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 council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:
(1) The requirements of subsection (b) of Section 2.22 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the city clerk for inspection by the public.

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

(a) The city clerk shall authenticate by the city clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the mayor and council. (b) The 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 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 council may specify. This compilation shall be known and cited officially as "The Code of the City of Lyons, 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 council.

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(c) The council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The 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 council shall appoint a city manager for an indefinite term and shall fix the city manager's compensation. The city manager shall be appointed solely on the basis of executive and administrative qualifications.

SECTION 2.28. Removal of city manager.

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

SECTION 2.29. Acting city manager.

By letter filed with the city clerk, the city manager shall designate, subject to approval of the 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 council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or the city manager's disability shall cease.

SECTION 2.30. Powers and duties of city manager.

The city manager shall be the chief executive and administrative officer of the city. The city manager shall be responsible to the council for the administration of all city affairs placed in the city manager's charge by or under this charter. As the chief executive and administrative officer, the city manager shall:

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(1) Appoint and, when the city manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the city manager appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all 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 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 council; (6) Submit to the 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 council may require concerning the operations of city departments, offices, and agencies subject to the city manager's direction and supervision; (8) Keep the council fully advised as to the financial condition and future needs of the city and make such recommendations to the council concerning the affairs of the city as the city manager deems desirable; and (9) Perform such other duties as are specified in this charter or as may be required by the council.

SECTION 2.31. Council interference with administration.

Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the 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 council nor its members shall give orders to any such officer or employee, either publicly or privately.

SECTION 2.32. Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the 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;

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(4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; and (5) Vote in case of a tie.

SECTION 2.33. Submission of ordinances to mayor; veto power.

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

SECTION 2.34. Selection of mayor pro tempore.

By a majority vote of all its members, the council at its organizational meeting pursuant to Section 2.18 of this charter shall elect a councilmember to serve as mayor pro tempore who shall serve at the pleasure of the council. The mayor pro tempore shall continue to vote and otherwise participate as a councilmember.

SECTION 2.35. Mayor pro tempore; duties.

During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore, or in the mayor pro tempore's absence or disability for any reason any one of the councilmembers chosen by a majority vote of the council, shall be clothed with all the

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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. When acting as mayor, the mayor pro tempore shall continue to have only one vote as a councilmember.

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

(a) Except as otherwise provided in this charter, the council by ordinance shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance or resolution. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointed officers and directors under the supervision of the city manager shall be selected by the council with input from the city manager. 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. The director or appointed officer involved in any suspension or removal may appeal to the council which, after a hearing, may override the city manager's action by a majority vote.

SECTION 3.11. Boards, commissions, and authorities.

(a) The council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the council for such terms of office and in such manner as shall be provided by ordinance,

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except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The 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 by this charter for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the city clerk an oath obligating himself or herself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at will and may be removed at any time by a vote of three councilmembers unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as 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 city clerk.

SECTION 3.12. City attorney.

(a) The council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the 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. (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.

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SECTION 3.13. City clerk.

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

SECTION 3.14. City accountant.

The council shall appoint a city accountant to perform the duties of an accountant and the audits of the city.

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 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 council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees.

SECTION 3.16. Personnel policies.

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

ARTICLE IV. JUDICIAL BRANCH
SECTION 4.10. Creation; name.

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

SECTION 4.11. Chief judge; associate judge.

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

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(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years, 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 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 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 council journal required in Section 2.20 of this charter.

SECTION 4.12. Convening.

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

SECTION 4.13. Jurisdiction; powers.

(a) The municipal court shall have jurisdiction and authority to try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction as provided by general laws. (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 the 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, and such 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 4.14. 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 Toombs 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 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 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 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. Division of city into wards.

(a) The City of Lyons, for the purpose of electing councilmembers, shall be divided into five wards consisting of the following territory within the City of Lyons:
(1) Ward 1: Beginning on the eastern side of Hwy No. 1 from the northern city limits to East Roosevelt Avenue; left side of East Roosevelt Avenue to North Lexington Street; south on North Lexington to East Toombs Avenue; westerly on East Toombs Avenue for one block to North Lanier Street; south on North Lanier to East Lincoln Street; east on East Lincoln Street to North Lexington Street; South on North Lexington Street to North East Broad Street (Hwy No. 152); easterly on North East Broad (Hwy No. 152) to eastern city limits on Highway No. 152. (2) Ward 2: Beginning at the intersection of South Madison Street and Highway No. 152 and continues on the southern side of Highway No. 152 to the eastern city limits; south on eastern side of South Madison Street to East Gordon Avenue; east on East Gordon Avenue to South Tenth Street; south on South Tenth Street to Bonnie Drive and continues southerly on the eastern side of U.S. Highway No. 280 to southern city limits. (3) Ward 3: Eastern side of U.S. Highway No. 1 from the intersection of South East Broad Street and U.S. No. 1 Hwy to southern city limits; west on South East Broad Street from U.S. No. 1 Hwy to south Madison Street; south on South Madison Street to Gordon Avenue; east on Gordon Avenue to South Tenth Street; south on south Tenth Street to Bonnie Drive; continues on Bonnie Drive to U.S. Highway No. 280; south on U.S. Hwy No. 280 to southern city limits. (4) Ward 4: Beginning at the intersection of West Oglethorpe Avenue and U.S. Highway No. 280 on the western side and continuing east on West Oglethorpe Avenue to North Washington Street; South on North Washington Street for 2 blocks to North Columbia Avenue; east on West Columbia Avenue to U.S. Hwy No. 1; south on U.S. Hwy No. 1 to West Gordon Avenue; west on West Gordon Avenue for one block to South Washington Street; south on South Washington to U.S. No. 1; south on the western side of U.S. Hwy No. 1 to the southern city limits. (5) Ward 5: Beginning on the western side of U.S. No. 1 Highway at the northern city limits and continues south to East Roosevelt Avenue; two blocks east on East Roosevelt to North Lexington Street; south on North Lexington Street to East Toombs Avenue; west on East Toombs Avenue to North Lanier; south on North Lanier Street to East Lincoln Avenue; west on East Lincoln to North Lexington; south on North Lexington to North East Broad Street; west on North East Broad Street to U.S. Highway No. 1; north on U.S. No. 1 to East Columbia; west on East Columbia Avenue to North Washington Street; north on North Washington Street to West Oglethorpe Avenue; west on West Oglethorpe Avenue to Ga. Highway No. 292; west on Ga. Hwy No. 292 to the western city limits.

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(b) For the purposes of this section: (1) Whenever the description of any ward 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 1980 for the State of Georgia. (2) Any part of the City of Lyons which is not included in Ward 1, 2, 3, 4, or 5, as described in this section, or any territory annexed into the City of Lyons shall be included within Ward 1, 2, 3, 4, or 5, wherever such ward is contiguous to such part or territory and contains the least population according to the United States decennial census of 1980 for the State of Georgia.

SECTION 5.12. Selection of councilmembers by ward.

One councilmember shall be elected from each of the five wards described in Section 5.11 of this charter. The councilmember from each respective ward shall be elected by the voters of that particular ward in which they reside as described in Section 5.11 of this charter.

SECTION 5.13. Mayor.

The mayor shall be elected by the voters of the entire city.

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 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 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. Nonpartisan elections.

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

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SECTION 5.16. Election by majority vote.

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

SECTION 5.17. Other provisions.

Except as otherwise provided by this charter, the council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Election Code.

SECTION 5.18. Time of election of councilmembers, mayor.

(a) On the Tuesday next following the first Monday in November 2013, and on that day quadrennially thereafter, the councilmembers from Wards 1, 2, and 4 shall be elected to serve four-year terms of office. (b) On the Tuesday next following the first Monday in November 2015, and on that day quadrennially thereafter, the mayor and the councilmembers from Wards 3 and 5 shall be elected to serve four-year terms of office. (c) Terms of office for mayor and councilmembers shall begin at the time of taking the oath of office as provided in Section 2.18 of this charter on the first Tuesday in January following the election.

SECTION 5.19. 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 in 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 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 council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as provided in this paragraph shall have the right of appeal from the decision of the council to the Superior Court of

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Toombs 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 Toombs County following a hearing on a complaint seeking such removal brought by any resident of the City of Lyons.

ARTICLE VI. FINANCE
SECTION 6.10. Property tax.

The 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 council in its discretion.

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

The 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 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 council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The 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 council by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter.

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SECTION 6.14. Franchises.

(a) The 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 council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The council shall provide for the registration of all franchises with the city clerk in a registration book kept by the city clerk. The 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 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 council by ordinance shall have the power to assess and collect fees, charges, assessments, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.

SECTION 6.16. Special assessments.

The 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.

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 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 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 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 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.

The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies provided that the contract terminates without further obligation on the part of the 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 O.C.G.A. or such other applicable laws as are or may hereafter be enacted.

SECTION 6.23. Fiscal year.

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

SECTION 6.24. Preparation of budgets.

The 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 council.

On or before a date fixed by the council but not later than 120 days prior to the beginning of each fiscal year, the city manager shall submit to the council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating budget, the capital budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

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SECTION 6.26. Action by council on budget.

(a) The council may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year; and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than October 1 of each year. If the 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 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 council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinances shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.

SECTION 6.28. Changes in appropriations.

The 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.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 6.29. Capital budget.

(a) On or before the date fixed by the council but no later than 120 days prior to the beginning of each fiscal year, the city manager shall submit to the 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 council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The 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 council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than October 1 of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the city manager may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.

SECTION 6.30. 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 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 to and reviewed by the city attorney and as a matter of course is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the council and such approval is entered in the council journal of proceedings pursuant to Section 2.20 of this charter.

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SECTION 6.32. Centralized purchasing.

The 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 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 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 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 if 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 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 council shall from time to time require by ordinance or as may be provided by law.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 7.11. Prior ordinances.

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

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 council.

SECTION 7.14. Construction.

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

SECTION 7.15. Repealer.

An Act incorporating the City of Lyons, Georgia, in the County of Toombs, approved August 7, 1907 (Ga. L.1907, p. 765), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety.

SECTION 7.16. Effective date.

This Act shall become effective on July 1, 2013.

GEORGIA LAWS 2013 SESSION SECTION 7.17. General repealer.
All laws and parts of laws in conflict with this Act are repealed.

4313

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is hereby given that there will be introduced at the regular 2013 Session of the General Assembly of Georgia a bill to amend the existing City Charter for the City of Lyons to provide for a City Manager form of government; 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, Greg Morris, 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 Advance which is the official organ of Toombs County on March 6, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GREG MORRIS Greg Morris Representative, District 156

Sworn to and subscribed before me, this 14th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

DEKALB COUNTY HOTEL/MOTEL TAX.

No. 168 (House Bill No. 613).

AN ACT

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of DeKalb County is authorized within the territorial limits of the special district located within DeKalb County 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 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 DeKalb County which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.

SECTION 3. In accordance with the terms of the resolution of the governing authority of DeKalb County:
(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 exceeds 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 DeKalb County; and (2) The remaining amount of taxes collected that exceeds the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

GEORGIA LAWS 2013 SESSION
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

4315

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to authorize the governing authority of DeKalb County, Georgia, 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 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, lodging or accommodations are regularly or periodically furnished for value pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michele Henson, who on oath deposes and says that she is the Representative from District 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 February 28, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MICHELE HENSON Michele Henson Representative, District 86

Sworn to and subscribed before me, this 7th day of March 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

AMERICUS-SUMTER COUNTY LAND BANK AUTHORITY CREATION.

No. 169 (House Bill No. 602).

AN ACT

To create the Americus-Sumter County Land Bank Authority; to provide for its membership, terms of office, powers, duties, and 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. Pursuant to Article 6 of Chapter 4 of Title 48 of the O.C.G.A., the "Georgia Land Bank Act," there is created the Americus-Sumter County Land Bank Authority. Such authority shall have perpetual existence until terminated and dissolved in accordance with Code Section 48-4-111 of the O.C.G.A.

SECTION 2. (a) The authority shall be governed by a seven-member board of directors, the members of which shall be appointed as provided in this section. (b) Three members of the board of directors shall be appointed by the governing authority of the City of Americus, and three members of the board of directors shall be appointed by the governing authority of Sumter County. The seventh member of the board of directors shall be a joint appointment agreed upon by the governing authority of the City of Americus and the governing authority of Sumter County. (c) The terms of members of the board of directors shall be for four years and until their respective successors are appointed and qualified; provided, however, that the initial terms of two of the members appointed by the governing authority of the City of Americus and two of the members appointed by the governing authority of Sumter County shall be for two years and until their respective successors are appointed and qualified. Such members having initial two-year terms of office shall be designated at the time of their appointments. The other members shall serve initial four-year terms of office and until their respective successors are appointed and qualified. (d) Persons appointed to the board of directors shall be at least 21 years of age at the time of their appointment, shall have resided in the incorporated area of the City of Americus or the unincorporated area of Sumter County for a period of at least two years immediately preceding the date of their appointment, and shall take such oath of office as may be prescribed by law upon such appointment. (e) Members appointed by the governing authority of the City of Americus shall reside in the incorporated area of the City of Americus during their respective terms of office.

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Members appointed by the governing authority of Sumter County shall reside in the unincorporated area of Sumter County during their respective terms of office. The member who is jointly appointed by the governing authority of the City of Americus and the governing authority of Sumter County shall reside in either the incorporated area of the City of Americus or the unincorporated area of Sumter County during his or her term of office. (f) At least one of the members appointed by the governing authority of the City of Americus and one of the members appointed by the governing authority of Sumter County shall be a person who is experienced in real property transactions, the taxation of real property, and the valuation of real property. (g) The governing authority of the City of Americus and the governing authority of Sumter County shall each be authorized to appoint a tax commissioner or tax collector to serve as an ex officio member of the board of directors. (h) Nothing in this Act shall prohibit the appointment of an elected member of the governing authority of the City of Americus or the governing authority of Sumter County as a member of the board of directors. (i) Members of the board of directors shall be subject to removal in accordance with the provisions of Code Section 48-4-104 of the O.C.G.A. (j) Vacancies on the board of directors shall be filled in the same manner as the original appointment for the unexpired term of office. (k) Members of the board of directors shall serve without compensation but may be reimbursed for actual expenses incurred in the performance of duties on behalf of the authority. (l) Meetings, determination of quorums, and voting shall be governed by the provisions of Code Section 48-4-104 of the O.C.G.A.

SECTION 3. (a) The board of directors shall establish rules and regulations for its operation consistent with the provisions of Article 6 of Chapter 4 of Title 48 of the O.C.G.A., the "Georgia Land Bank Act." (b) The board of directors shall at its first meeting of each year select from among its members a chairperson, vice chairperson, secretary, treasurer, and such other officers as the board may determine by its rules.

SECTION 4. The authority shall have those powers, duties, abilities, immunities, limitations, and obligations provided in Article 6 of Chapter 4 of Title 48 of the O.C.G.A., the "Georgia Land Bank Act."

SECTION 5. 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 2013 Session of the Georgia General Assembly a bill to provide for the establishment of the Americus-Sumter County Land Bank Authority pursuant to the provisions of OCGA 48-4-103 et. seq., and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Cheokas, who on oath deposes and says that he is the Representative from District 138 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Americus-Times Recorder which is the official organ of Sumter County on February 28, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MIKE CHEOKAS Mike Cheokas Representative, District 138

Sworn to and subscribed before me, this 12th day of March 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

FULTON COUNTY COMMUNITY IMPROVEMENT DISTRICTS; DISSOLUTION PROVISION.

No. 180 (House Bill No. 627).

AN ACT

To amend an Act creating one or more community improvement districts in unincorporated Fulton County, approved April 3, 1987 (Ga. L. 1987, p. 5460), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4065), so as to change a certain provision

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relating to the dissolution of the district; 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 one or more community improvement districts in unincorporated Fulton County, approved April 3, 1987 (Ga. L. 1987, p. 5460), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4065), is amended by revising subsection (b) of Section 14 as follows:
"(b) At such time within each six-year period following the creation of the district as the board determines appropriate, the question shall be put to the electors present to dissolve the community improvement district. Upon an affirmative vote of a majority of the electors present and voting, who shall represent at least 75 percent of the votes cast on the basis of value, the board shall send a ballot to each owner of property subject to taxes, fees, and assessments levied by the board for a vote on the dissolution. Upon receipt of ballots consenting to the dissolution from a majority of the property owners, who shall represent at least 75 percent of the assessed value of said properties, the board shall request dissolution by the governing authority and shall forward said ballots to the Fulton County tax commissioner for certification."

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 2013 session of the General Assembly of Georgia a bill to amend an Act creating one or more community improvement districts within Fulton County, Georgia (Ga. L. 1987, p. 5460, et seq.), so as to change a certain provision relating to the dissolution of the district; 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, Jan Jones, who on oath deposes and says that she is the Representative from District 47 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 15, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

s/ JAN JONES Jan Jones Representative, District 47

Sworn to and subscribed before me, this 19th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

CITY OF CHAMBLEE CORPORATE LIMITS; REFERENDUM.

No. 205 (House Bill No. 619).

AN ACT

To amend an Act creating a new charter for the City of Chamblee, approved March 28, 1935 (Ga. L. 1935, p. 976), as amended, so as to change the corporate limits of the city; to provide for a referendum; to provide for related matters; to provide for automatic repeal and a contingent effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a new charter for the City of Chamblee, approved March 28, 1935 (Ga. L. 1935, p. 976), as amended, is amended by annexing to the existing corporate limits of the City of Chamblee the following described territory:
"Beginning on the easterly right-of-way line of Clairmont Road at the point where the existing corporate limit line of the City of Chamblee intersects 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, said point being the intersection of the easterly right-of-way line of Clairmont Road and the northerly right-of-way line of the Northeast Expressway (inclusive of access roads) (a/k/a Interstate Highway I-85) in Land Lot 196 of the of the 18th District of DeKalb County, Georgia; thence following said northerly right-of-way line in an easterly and northeasterly direction to a point where the said northerly right-of-way

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line of the Northeast Expressway (inclusive of access roads) would intersect the northeasterly right-of-way line of Chamblee-Tucker Road, if such northerly right-of-way line of the Northeast Expressway (inclusive of access roads) were extended easterly in a straight line; running thence in a northerly and westerly direction along the northeasterly right-of-way line of Chamblee-Tucker Road to a point, said point being the intersection of the northeasterly right-of-way line of Chamblee-Tucker Road and the existing corporate limit line of the City of Chamblee at the southeasterly right-of way line of Shallowford Road; running thence southerly and westerly along the existing corporate limit line and following the corporate limit line of the City of Chamblee in all its courses, distances, curves, and meanderings so as to reach a point where the said corporate limit line intersects the easterly right- of-way line of Clairmont Road, this point being the point of beginning."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the territory sought to be annexed into the City of Chamblee under this Act for approval or rejection. The election superintendent shall conduct such election on the Tuesday after the first Monday in November, 2013, and shall issue the call and conduct such election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which annexes certain land into the City of ( ) NO Chamblee?"
All persons desiring to vote for approval of the annexation shall vote "Yes," and all persons desiring to vote for rejection of the annexation shall vote "No." If more than one-half of the votes cast on such question are for approval of the annexation, then this Act shall become effective on December 30, 2013. If more than one-half of the votes cast on such question are for rejection of the annexation, this Act shall not become effective and shall be automatically repealed on the first day of January immediately following such election date. The expense of such election shall be borne by the City of Chamblee. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act creating ++a new charter for the City of

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Chamblee, ++ approved March 28, 1935 (Ga. L. 1935, p. 944) as amended so as to change the corporate limits of the city, to provide for a referendum, to provide for related matters, to provide for automatic repeal and a contingent elective date; and for other purposes.

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 82 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 7, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MARY MARGARET OLIVER Mary Margaret Oliver Representative, District 82

Sworn to and subscribed before me, this 11th day of March 2013. s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

HANCOCK COUNTY BOARD OF EDUCATION; REDISTRICTING.

No. 221 (Senate Bill No. 182).

AN ACT

To amend an Act to reconstitute the Board of Education of Hancock County, approved April 5, 1993 (Ga. L. 1993, p. 4524), 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 pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to reconstitute the Board of Education of Hancock County, approved April 5, 1993 (Ga. L. 1993, p. 4524), as amended, is amended by revising Section 2 as follows:

"SECTION 2. (a) For the purpose of electing members of the board of education other than the chairperson, the Hancock County School District shall be divided into four 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: hancockccsb-2013 Plan Type: Local Administrator: Hancock User: bak'. The chairperson shall be elected by the electors of the entire school district.
(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 the Hancock 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 Hancock 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. (a) Those members of the Board of Education of Hancock 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.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(b) Education Districts 1, 2, 3, and 4, as they existed 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 Hancock County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, 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: hancockccsb-2013 Plan Type: Local Administrator: Hancock User: bak

District 001 Hancock County VTD: 1411A - DEVEREUX 1A 480300: 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 1065 1070 1071 1073 1074 1076 1077 1078 1080 1081 1082 1083 1084 1085 1086 1087 1088 1093 1097 1110 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 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 1255 1256 1257 1258 1259 1260 1261 1262 1263

GEORGIA LAWS 2013 SESSION
1272 1273 1274 1278 1279 1280 1281 1282 1283 1284 1287 1289 1291 1292 1293 1294 1295 1296 VTD: 1411B - DEVEREUX 1B 480300: 1072 480400: 4121 4138 4139 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5031 5035 5036 5037 5055 VTD: 1412A - LINTON A 480400: 5004 5005 5006 5025 5026 5027 5028 5029 5030 5032 5034 5038
District 002 Hancock County VTD: 141004 - SPARTA 480400: 3015 3016 3017 3018 3020 3021 3022 3023 3024 3025 3026 3027 3031 3032 3033 3034 3035 5000 5001 5002 5018 VTD: 1411A - DEVEREUX 1A 480300: 1075 1089 1091 1140 1141 1142 1143 1264 1265 1266 1267 1268 1269 1270 1275 1276 1277 2025 2026 2057 VTD: 1412A - LINTON A 480300: 1090 1092 1094 1095 1096 1098 1100 1103 1104 1111 1112 1288 1290 480400: 1015 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1033 1052 1053 1054 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1160 1161 2041 2042 2049 2050 2051 2086 2087 2092 2093 2094 2095 2100 2101 2102 2104 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2123 2124 2125 2126 2128 2129 2154 2157 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3045 3046 3047 3048 4118 4119 4143 4144 5019 5020 5021 5022 5023 5024 5033 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 VTD: 1412B - LINTON B 480300: 1099 1101 1102 1105 1106 1107 1108 1109 1113 1114 1115 1116

4325

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1138 1139 1271 1285 1286 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2021 2022 2024 2083 VTD: 1413A - MAYFIELD 3A 480400: 2066 2067 2068 2070 2071 2077 2082 2083 2084 2099 2103 2159

District 003 Hancock County VTD: 1411A - DEVEREUX 1A 480300: 1000 1001 1002 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1063 1064 1066 1067 1068 1069 1079 480400: 4071 4072 4082 4083 4084 4085 4086 4087 4089 4090 4091 4092 4093 4094 4095 4166 4167 4168 4171 4174 VTD: 1411B - DEVEREUX 1B 480400: 4053 4054 4096 4097 4099 4105 4115 4116 4120 4122 4123 4124 4125 4126 4127 4128 4132 4133 4134 4135 4137 4140 4142 4147 4148 4177 VTD: 1412A - LINTON A 480400: 4109 4112 4113 4114 4141 4145 4146 5003 VTD: 1413A - MAYFIELD 3A 480400: 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 2043 2044 2045 2046 2047 2048 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2158 4001 4002 4014 4015 4016 4018 4019 4020 4022 4023 4024 4025 4027 4169 4173 VTD: 1413B - MAYFIELD 3B

District 004 Hancock County VTD: 141004 - SPARTA 480400: 1000 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1016 1020 1031 1034 1035 1036 1037 1038 1039 1040

GEORGIA LAWS 2013 SESSION
1041 1042 1043 1045 1060 1061 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1089 1090 1091 1092 1093 1094 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1110 1111 1112 1113 1114 1117 1118 1133 1139 1140 1141 1159 1163 2130 3019 3028 3029 3030 3036 3037 3038 3039 3040 3041 3042 3043 3044 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 VTD: 1411A - DEVEREUX 1A 480300: 2054 2055 2056 2066 2072 VTD: 1412A - LINTON A 480300: 2000 2001 480400: 1017 1018 1019 1032 1046 1047 1048 1049 1050 1051 1055 1056 1057 1058 1059 1064 1067 1068 1142 1143 1144 1145 1146 VTD: 1412B - LINTON B 480300: 2002 2003 2004 2005 2018 2019 2020 2023 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 2058 2059 2060 2061 2062 2063 2064 2065 2067 2068 2069 2070 2071 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2084 480400: 1062 1063 1065 1066 1069 1070 1088 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1134 1135 1136 1137 1138 1162 VTD: 1413A - MAYFIELD 3A 480400: 1001 1095 1108 1109 1115 1116 2069 2072 2073 2074 2075 2076 2078 2079 2080 2081 2085 2088 2089 2090 2091 2096 2097 2098 2105 2106 2107 2120 2121 2122 2127 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2155 2156

4327

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act to reconstitute the Board of Education of Hancock County, approved April 5, 1993 (Ga. L. 1993, p. 4524), as amended, so as to

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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 repeal conflicting laws; and for other purposes.

Senator David Lucas, District 26

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 Senator from District 26 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Sparta Ishmaelite which is the official organ of Hancock County on February 7, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DAVID LUCAS David Lucas Senator, District 26

Sworn to and subscribed before me, this 19th day of February, 2013.

s/ DIANA GRAVER Diana Graver Notary Public, Fulton County, Georgia My Commission Expires December 17, 2016 (SEAL)

Approved May 6, 2013.

__________

HANCOCK COUNTY BOARD OF COMMISSIONERS; REDISTRICTING.

No. 222 (Senate Bill No. 183).

AN ACT

To amend an Act creating a Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, 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

GEORGIA LAWS 2013 SESSION

4329

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 County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, is amended by revising subsections (a) through (d) of Section II as follows:
"(a) The Board of County Commissioners of Hancock County which exists on January 1, 2013, 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 County Commissioners of Hancock 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 the Board of County Commissioners of Hancock County as it existed immediately prior to the effective date of this Act and shall be subject to all constitutional and statutory provisions relating to boards of county commissioners and not in conflict with this Act. (b) For the purpose of electing members of the board other than the chairperson, Hancock County shall be divided into four 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: hancockccsb-2013 Plan Type: Local Administrator: Hancock User: bak'. The chairperson shall be elected by the electors of the entire county.
(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 Hancock 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. (3) Any part of Hancock 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

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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) Reserved."

SECTION 2. (a) Those members of the Board of County Commissioners of Hancock 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, 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 County Commissioners of Hancock County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, 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: hancockccsb-2013 Plan Type: Local Administrator: Hancock User: bak

District 001 Hancock County VTD: 1411A - DEVEREUX 1A 480300: 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 1065 1070 1071 1073 1074 1076 1077 1078 1080 1081 1082 1083 1084 1085 1086 1087 1088

GEORGIA LAWS 2013 SESSION
1093 1097 1110 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 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 1255 1256 1257 1258 1259 1260 1261 1262 1263 1272 1273 1274 1278 1279 1280 1281 1282 1283 1284 1287 1289 1291 1292 1293 1294 1295 1296 VTD: 1411B - DEVEREUX 1B 480300: 1072 480400: 4121 4138 4139 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5031 5035 5036 5037 5055 VTD: 1412A - LINTON A 480400: 5004 5005 5006 5025 5026 5027 5028 5029 5030 5032 5034 5038
District 002 Hancock County VTD: 141004 - SPARTA 480400: 3015 3016 3017 3018 3020 3021 3022 3023 3024 3025 3026 3027 3031 3032 3033 3034 3035 5000 5001 5002 5018 VTD: 1411A - DEVEREUX 1A 480300: 1075 1089 1091 1140 1141 1142 1143 1264 1265 1266 1267 1268 1269 1270 1275 1276 1277 2025 2026 2057 VTD: 1412A - LINTON A 480300: 1090 1092 1094 1095 1096 1098 1100 1103 1104 1111 1112 1288 1290 480400: 1015 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1033 1052 1053 1054 1147 1148 1149 1150 1151 1152 1153 1154 1155

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1156 1157 1158 1160 1161 2041 2042 2049 2050 2051 2086 2087 2092 2093 2094 2095 2100 2101 2102 2104 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2123 2124 2125 2126 2128 2129 2154 2157 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3045 3046 3047 3048 4118 4119 4143 4144 5019 5020 5021 5022 5023 5024 5033 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 VTD: 1412B - LINTON B 480300: 1099 1101 1102 1105 1106 1107 1108 1109 1113 1114 1115 1116 1138 1139 1271 1285 1286 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2021 2022 2024 2083 VTD: 1413A - MAYFIELD 3A 480400: 2066 2067 2068 2070 2071 2077 2082 2083 2084 2099 2103 2159

District 003 Hancock County VTD: 1411A - DEVEREUX 1A 480300: 1000 1001 1002 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1063 1064 1066 1067 1068 1069 1079 480400: 4071 4072 4082 4083 4084 4085 4086 4087 4089 4090 4091 4092 4093 4094 4095 4166 4167 4168 4171 4174 VTD: 1411B - DEVEREUX 1B 480400: 4053 4054 4096 4097 4099 4105 4115 4116 4120 4122 4123 4124 4125 4126 4127 4128 4132 4133 4134 4135 4137 4140 4142 4147 4148 4177 VTD: 1412A - LINTON A 480400: 4109 4112 4113 4114 4141 4145 4146 5003 VTD: 1413A - MAYFIELD 3A 480400: 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

GEORGIA LAWS 2013 SESSION
2036 2037 2038 2039 2040 2043 2044 2045 2046 2047 2048 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2158 4001 4002 4014 4015 4016 4018 4019 4020 4022 4023 4024 4025 4027 4169 4173 VTD: 1413B - MAYFIELD 3B
District 004 Hancock County VTD: 141004 - SPARTA 480400: 1000 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1016 1020 1031 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1045 1060 1061 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1089 1090 1091 1092 1093 1094 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1110 1111 1112 1113 1114 1117 1118 1133 1139 1140 1141 1159 1163 2130 3019 3028 3029 3030 3036 3037 3038 3039 3040 3041 3042 3043 3044 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 VTD: 1411A - DEVEREUX 1A 480300: 2054 2055 2056 2066 2072 VTD: 1412A - LINTON A 480300: 2000 2001 480400: 1017 1018 1019 1032 1046 1047 1048 1049 1050 1051 1055 1056 1057 1058 1059 1064 1067 1068 1142 1143 1144 1145 1146 VTD: 1412B - LINTON B 480300: 2002 2003 2004 2005 2018 2019 2020 2023 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 2058 2059 2060 2061 2062 2063 2064 2065 2067 2068 2069 2070 2071 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2084 480400: 1062 1063 1065 1066 1069 1070 1088 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1134 1135 1136 1137 1138 1162

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VTD: 1413A - MAYFIELD 3A 480400: 1001 1095 1108 1109 1115 1116 2069 2072 2073 2074 2075 2076 2078 2079 2080 2081 2085 2088 2089 2090 2091 2096 2097 2098 2105 2106 2107 2120 2121 2122 2127 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2155 2156

Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act creating a Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga L. 1884-85, p. 435), as amended, 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 repel conflicting laws; and for other purposes.

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 Senator from District 26 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Sparta Ishmalite which is the official organ of Hancock County on February, 7, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DAVID LUCAS David Lucas Senator, District 26

Sworn to and subscribed before me, this 19th day of February, 2013.

s/ DIANA GRAVER Diana Graver Notary Public, Fulton County, Georgia My Commission Expires December 17, 2016 (SEAL)

Approved May 6, 2013.

__________

GEORGIA LAWS 2013 SESSION

4335

CITY OF PORT WENTWORTH CITY COUNCIL; REDISTRICTING.

No. 232 (Senate Bill No. 250).

AN ACT

To amend an Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3734), and an Act approved May 6, 2009 (Ga. L. 2009, p. 3564), so as to change the description of the council 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 incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3734), and an Act approved May 6, 2009 (Ga. L. 2009, p. 3564), is amended by revising subsections (b), (c), and (e) of Section 4A as follows:
"(b) For purposes of electing members of the city council, other than the mayor and the two at-large councilmembers, the City of Port Wentworth is divided into four council districts. One member of the council shall be elected from each such district. The four council districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: portwentworth-2013 Plan Type: Local Administrator: Port Wentworth User: bak'.
(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 City of Port Wentworth which is not included in any district described in subsection (b) of this section shall be included within that district contiguous

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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 Port Wentworth 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." "(e) In order to be elected or appointed as a member of the city council from a district, a person must have resided in that council district for at least six months prior to the election or appointment thereto and, if elected, must receive a plurality of votes cast for that office in that district only and not at large. Only electors who are residents of the council district may vote for a member of the council for the district. At the time of qualifying for election as a member of the city council for a council district, each candidate for such office shall specify the council district for which that person is a candidate. A person elected or appointed as member of the city council from a council district must continue to reside in that district during that person's term of office or that office shall become vacant; provided, however, that, if, as the result of the enactment of a new district plan during such member's term of office to reapportion or redistrict the council districts following a United States decennial census, the residence of a member of the city council is no longer within the boundaries of the district which such member was elected to represent, such member may continue to represent such district for the remainder of such member's term of office."

SECTION 2. (a) Those members of the city council of the City of Port Wentworth 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) Council Districts 1, 2, 3, and 4, as they existed immediately prior to the effective date of this Act, shall continue to be designated as Council 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 council serving from those former council districts shall be deemed to be serving from and representing their respective council districts as newly described under this Act.

SECTION 3. The governing authority of the City of Port Wentworth shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

GEORGIA LAWS 2013 SESSION
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Plan: portwentworth-2013 Plan Type:Local Administrator: Port Wentworth User: bak
District 001 Chatham County VTD: 0517-4 010700: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1021 1022 1023 1024 1025 1026 1027 1028 1030 1031 1032 1033 1034 1065 1066 1067 1068 1153 1156 1382 1389 1406 1407
District 002 Chatham County VTD: 0517-11 010700: 1072 1073 1074 VTD: 0517-4 010700: 1069 1070 1071 1075 1076 1077 1078 1081 1082 1083 1084 1089 1145 1146 1147 1148 1182 1183 1184 1186 1187 1188 1189 1190 1192 1275 1335 1341 1342 1343 1344 1345 1346 1347 1348 1349 1350 1351 1402 3001 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3015 3016 3017 3018 3020
District 003 Chatham County VTD: 0517-4 010700: 1029 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 1079 1080 1085 1086 1087 1088 1149 1150 1151 1152 1387

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District 004 Chatham County VTD: 0517-3 010700: 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 2032 2040 2050 2051 2052 2053 2054 2055 2056 2057 2058 VTD: 0517-4 010700: 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3036

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia, a bill to amend an Act incorporating the City of Port Wentworth, approved February 6, 1957, (Ga. L. 1957, p. 2003), as amended; for the purpose of reapportioning or otherwise changing the election districts from which members of the city council are elected; to provide for the continuation in office of current council members; 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 March 5, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ LESTER JACKSON Lester Jackson Senator, District 2

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4339

Sworn to and subscribed before me, this 11th day of March 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

TOWN OF TRION INDEPENDENT SCHOOL SYSTEM; CONTINUATION AND SUPPORT; LIMITATION ON HOLDING OTHER OFFICES BY SCHOOL SUPERINTENDENT AND MEMBERS OF BOARD OF EDUCATION.

No. 233 (Senate Bill No. 257).

AN ACT

To amend an Act to provide a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), so as to provide for the continuation and support of the independent school system of the town; to provide limitations on the holding of other offices by the school superintendent and members of the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), is amended by adding a new section to read as follows:

"SECTION 7.00. Independent school system. The town council shall have the right and power to continue in existence its independent school system and shall have the power to levy taxes for the operation of such school system. Subject to the taxing authority of the town council, the school board shall regulate, supervise, and maintain such school system and may contract in any lawful way deemed advisable by such school board for the operation, maintenance, and improvement of such public school system."

4340

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2. Said Act is further amended by adding a new paragraph to Section 7.10 to read as follows:
"(h) Except where authorized by law, neither the school superintendent nor any member of the board of education shall hold any other elective or appointive office in the town. In addition, no former school superintendent and no former member of the board of education shall hold any appointive office in the town until one year after the expiration of the term for which that official was elected or serving."

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 2013 session of the General Assembly of Georgia a bill to amend an Act to provide a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), so as to provide for a quorum and voting by the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senator Jeff Mullis
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeff Mullis, who on oath deposes and says that he is the Senator from District 53 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Summerville News which is the official organ of Chattooga County on March 7, 2013, 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 20th day of March, 2013.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia

GEORGIA LAWS 2013 SESSION

4341

My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

CITY OF ATLANTA ATLANTA INDEPENDENT SCHOOL DISTRICT; REDISTRICTING.

No. 239 (House Bill No. 241).

AN ACT

To amend an Act to continue the existence of the Atlanta Independent School System under the management and control of the Atlanta Board of Education, approved June 3, 2003 (Ga. L. 2003, p. 4154), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for 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 for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to continue the existence of the Atlanta Independent School System under the management and control of the Atlanta Board of Education, approved June 3, 2003 (Ga. L. 2003, p. 4154), is amended by revising Section 2-103 as follows:

"SECTION 2-103. Elections; education districts.

(a) The Board of Education of the City of Atlanta which existed on December 31, 2012, is continued in existence. The board so continued 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. (b) Those members of the board who are serving as such on the effective date of this Act for election purposes in 2013 and any person selected to fill a vacancy in any such office shall continue to serve as such members for terms of office which expire December 31, 2013, and upon the election and qualification of their respective successors. (c) For purposes of electing members of the board of education, other than the three at-large members, the City of Atlanta School District is divided into six education districts.

4342

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

One member of the board shall be elected from each such district. The six education districts shall be composed respectively of contiguous paired council districts of the city and shall be and correspond to those six numbered districts described in Appendix I and attached to and made a part of this Act and further identified as 'Plan Name: AtlantaSB-2012 Plan Type: Local Administrator: Atlanta SB User: Gina'. The three at-large positions shall be designated as Education Districts 7, 8, and 9, respectively.
(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 City of Atlanta 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. (3) Any part of the City of Atlanta 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. (e) In order to be elected as a member of the board from Education District 1, 2, 3, 4, 5, or 6, a person must receive the number of votes cast as required by general law for that office in that district only. Only electors who are residents of that education 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 an education district, each candidate for such office shall specify the education district for which that person is a candidate. A person elected or appointed as a member of the board from an education district must continue to reside in that district during that person's term of office or that office shall become vacant. (f) The member of the board who represents Education District 7 shall reside in Education District 1 or 2; shall continue to reside in one of such districts during such member's term of office or such office shall become vacant; and shall be elected at-large by all the voters of the school district. The member of the board who represents Education District 8 shall reside in Education District 3 or 4; shall continue to reside in one of such districts during such member's term of office or such office shall become vacant; and shall be elected

GEORGIA LAWS 2013 SESSION

4343

at-large by all the voters of the school district. The member of the board who represents Education District 9 shall reside in Education District 5 or 6; shall continue to reside in one of such districts during such member's term of office or such office shall become vacant; and shall be elected at-large by all the voters of the school district. (g) Successors to members of the board whose terms of office are to expire shall be elected at the time of the general municipal 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. (h) 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.'"

SECTION 2. Said Act is further amended by striking the district plan contained in Appendix I of such Act and inserting in lieu thereof the plan attached to and made a part of this Act and further identified as 'Plan Name: AtlantaSB-2012 Plan Type: Local Administrator: Atlanta SB User: Gina'.

SECTION 3. The Board of Education of the City of Atlanta 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. For the purposes of conducting elections for successors to the present Board of Education of the City of Atlanta in 2013, 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, 2014.

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

Plan: AtlantaSB-2012 Plan Type: Local Administrator: Atlanta SB User: Gina

4344

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

District 001 DeKalb County VTD: 089EE - EPWORTH (ATL) 020200: 1017 020300: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 020400: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 VTD: 089LE - MARY LIN ELEM 020200: 2013 2014 020400: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 Fulton County VTD: 12101A - 01A 005000: 1009 1010 1011 1012 1013 1014 1015 1022 1023 1024 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 005200: 3010 3011 3030 005300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 VTD: 12101B - 01B VTD: 12101C - 01C 006400: 1000 1001 1002 1013 1014 1016 1017 006700: 1000 1001 1002 1003 1004 1005 1016 1017 1018 1027 1028 1032 1033 1034 1035 1036 1037 1038 1039 007001: 3000 3001 007002: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 4000 4001 4002 4005 4006 4007 4008 4009 VTD: 12101D - 01D

GEORGIA LAWS 2013 SESSION
VTD: 12101E - 01E VTD: 12101F - 01F VTD: 12101G - 01G VTD: 12101J - 01J VTD: 12101P1 - 01P1 VTD: 12101P2 - 01P2 VTD: 12101R - 01R VTD: 12101S - 01S VTD: 12101T - 01T VTD: 12102B - 02B 001900: 1003 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 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2057 2058 2059 2060 2061 002100: 1019 1020 011900: 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 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 2055 2079 2080 VTD: 12102C - 02C 001800: 1002 1003 1004 1005 2000 2001 3000 3001 3002 3003 3004 VTD: 12102D - 02D 001700: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1022 1023 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 001800: 1000 1001 2002 2003 2004 2005 2006 002900: 1003 1004 VTD: 12102E - 02E VTD: 12102F1 - 02F1 VTD: 12102F2 - 02F2 VTD: 12102G - 02G VTD: 12102L1 - 02L1

4345

4346

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 12102L2 - 02L2 VTD: 12102S - 02S 002800: 2000 2001 2003 2004 002900: 1009 1015 1016 1026 1028 1029 1032 1033 1034 1035 1036 011900: 1000 1001 1002 1003 1004 1005 1010 1011 1012 1013 1014 1022 1023 VTD: 12102W - 02W 000500: 1073 1074 1082 1083 VTD: 12105B - 05B 003500: 1014 1015 1016 1017 1018 1023 1025 1027 1028 1038 1041 004800: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1011 1012 1013 1014 1015 1016 1017 1018 1021 1023 1024 1025 VTD: 12105C - 05C 011900: 2054 2056 2074 2075 2076 2077 2078 2081 2084 2085 2087 VTD: 12106A - 06A VTD: 12106G - 06G 001300: 1002 1003 1004 1005 1006 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 3000 3001 3002 3003 3004 3005 3006 3007 VTD: 12106K - 06K

District 002 Fulton County VTD: 12102A - 02A VTD: 12102J - 02J VTD: 12102W - 02W 000500: 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

GEORGIA LAWS 2013 SESSION
1072 1075 1076 1077 1078 1080 000600: 1000 1013 1014 VTD: 12102X - 02X VTD: 12103A1 - 03A1 VTD: 12103A2 - 03A2 VTD: 12103B1 - 03B1 VTD: 12103B2 - 03B2 VTD: 12103C - 03C VTD: 12103D - 03D VTD: 12103E - 03E VTD: 12103F - 03F VTD: 12103G - 03G VTD: 12103H - 03H VTD: 12103L - 03L VTD: 12103M - 03M 000700: 1000 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 008800: 1065 1069 1070 008902: 3027 VTD: 12103N - 03N VTD: 12103P1 - 03P1 VTD: 12103P2 - 03P2 VTD: 12103S - 03S VTD: 12103T - 03T VTD: 12103U - 03U VTD: 12104A - 04A VTD: 12104B - 04B VTD: 12104D - 04D VTD: 12104G - 04G VTD: 12104K - 04K VTD: 12104L - 04L VTD: 12104M - 04M 006602: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1019 1020

4347

4348

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 12104S - 04S VTD: 12104T - 04T VTD: 12104V - 04V VTD: 12104W - 04W VTD: 12104X1 - 04X1 VTD: 12104X2 - 04X2

District 003 DeKalb County VTD: 089BB - BOULEVARD (ATL) VTD: 089BC - BRIAR VISTA ELEMENTARY 020100: 1015 VTD: 089BR - BURGESS ELEMENTARY VTD: 089CN - COAN MIDDLE VTD: 089EA - EAST LAKE ELEM VTD: 089EE - EPWORTH (ATL) 020200: 1013 1014 1015 1016 020300: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 022403: 1033 VTD: 089JA - JOHNSON ESTATES VTD: 089LE - MARY LIN ELEM 020200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1018 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 020300: 1000 022401: 3013 VTD: 089MT - METROPOLITAN VTD: 089OK - OAKHURST (DEC) 020300: 3010

GEORGIA LAWS 2013 SESSION
022403: 1031 VTD: 089WE - WHITEFOORD ELEMENTARY Fulton County VTD: 12101A - 01A 005200: 3038 VTD: 12102B - 02B 001900: 2040 2055 2056 011900: 2000 2023 2024 2026 VTD: 12102C - 02C 001800: 1006 1007 1010 1011 VTD: 12102D - 02D 001700: 1021 001800: 1012 1013 VTD: 12102S - 02S 001800: 1008 1009 002800: 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 2002 2005 2006 2007 2008 2009 2010 002900: 1007 1008 VTD: 12105A - 05A VTD: 12105B - 05B 003500: 1001 1009 1010 1011 1012 1013 1029 1030 VTD: 12105C - 05C 011900: 2057 2058 2059 2060 2061 2082 2083 VTD: 12105F - 05F VTD: 12106B - 06B VTD: 12106D - 06D VTD: 12106E - 06E

4349

4350

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 12106F - 06F VTD: 12106G - 06G 001300: 1001 1007 1008 1009 1010 1011 1012 1013 1014 VTD: 12106H - 06H VTD: 12106J - 06J VTD: 12106L - 06L VTD: 12106R - 06R VTD: 12106S - 06S VTD: 12107E - 07E 009200: 3015 009402: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 VTD: 12107K1 - 07K1 000500: 3000 3001 3014 009102: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 2001 2002 2003 2004 2005 2006 3000 VTD: 12107K2 - 07K2

District 004 DeKalb County VTD: 089SE - SILVER LAKE 021102: 2012 Fulton County VTD: 12107A - 07A VTD: 12107B - 07B VTD: 12107C - 07C VTD: 12107D - 07D VTD: 12107E - 07E 009404: 1000 1001 1002 1003 1004 1005 1006 1007 2013 2014 2015 2016 3000 3001 3002 3003 3004 3005 3006 VTD: 12107F - 07F VTD: 12107G - 07G

GEORGIA LAWS 2013 SESSION
VTD: 12107H - 07H VTD: 12107J - 07J VTD: 12107K1 - 07K1 009102: 2000 VTD: 12107M1 - 07M1 VTD: 12107M2 - 07M2 VTD: 12107N - 07N VTD: 12108A - 08A 009700: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1018 1019 1020 1025 009802: 1008 1009 1010 2002 2005 2007 2009 2011 2012 2013 2014 2015 2016 2019 2020 2021 2022 2023 2024 2025 2026 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 010206: 1023 1024 1029 VTD: 12108B - 08B 009900: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 2000 2001 2002 2003 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 010206: 1022 010211: 1003 1004 1009 1010 1011 1013 1014 1015 1016 1017 2011 2012 2013 2014 2015 2016 2017 2018 2019 2028 2029 2030 2033 2034 VTD: 12108C - 08C VTD: 12108D - 08D VTD: 12108E - 08E VTD: 12108F - 08F VTD: 12108G - 08G VTD: 12108H - 08H VTD: 12108J - 08J VTD: 12108K - 08K VTD: 12108L - 08L VTD: 12108M - 08M VTD: 12108N - 08N

4351

4352

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 12108P - 08P 008902: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 3000 3001 3002 3003 3004 3005 3006 3016 3017

District 005 Fulton County VTD: 12103M - 03M 008800: 1063 VTD: 12103R - 03R VTD: 12108P - 08P 008902: 3007 3008 3009 3010 3011 3012 3013 3014 3015 3018 3019 3020 3021 3026 4009 4010 4011 4012 4020 4021 4022 4023 4024 4025 4026 VTD: 12109A - 09A VTD: 12109B - 09B 008202: 3000 3001 3002 4000 4001 4007 008602: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2020 008700: 1028 VTD: 12109C - 09C VTD: 12109D - 09D VTD: 12109E - 09E VTD: 12109F - 09F VTD: 12109G - 09G VTD: 12109K - 09K VTD: 12109L - 09L 008602: 1000 1001 1002 1003 1004 1005 1006 1007 1008 2014 2015 2016 2017 2018 2019 008700: 1006 1007 1008 1009 1010 1013 1014 1015 1016 1017 1018 1019 1020 1027 1029 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 VTD: 12109M - 09M

GEORGIA LAWS 2013 SESSION
VTD: 12109N - 09N VTD: 12110A - 10A VTD: 12110C - 10C VTD: 12110D - 10D VTD: 12110E - 10E VTD: 12110F - 10F VTD: 12110G - 10G VTD: 12110H - 10H VTD: 12110J - 10J VTD: 12110L - 10L VTD: 12110M1 - 10M1 VTD: 12110M2 - 10M2 VTD: 12110P - 10P VTD: 12110R - 10R VTD: 12111A1 - 11A1 VTD: 12111A2 - 11A2 VTD: 12111A3 - 11A3 VTD: 12111B1 - 11B1 007900: 3021 3033 3034 3035 VTD: 12111H1 - 11H1
District 006 Fulton County VTD: 12101C - 01C 007001: 1000 VTD: 12104E - 04E VTD: 12104H - 04H VTD: 12104M - 04M 006602: 1017 1018 VTD: 12111B1 - 11B1 007704: 3001 3002 3003 3004 3007 007802: 1005 1007 1010 1012 1014 1015 1030 1031 1032 4000 4001 4002 4003 VTD: 12111B2 - 11B2 VTD: 12111C - 11C VTD: 12111E1 - 11E1

4353

4354

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 12111E2 - 11E2 VTD: 12111E3 - 11E3 007706: 3041 3042 3043 3044 3045 3050 VTD: 12111E4 - 11E4 007706: 2022 2024 2025 VTD: 12111G - 11G VTD: 12111H2 - 11H2 VTD: 12111J - 11J VTD: 12111K - 11K VTD: 12111L - 11L VTD: 12111M - 11M VTD: 12111N - 11N VTD: 12111P - 11P VTD: 12111R - 11R VTD: 12112A - 12A VTD: 12112B - 12B VTD: 12112C - 12C VTD: 12112D - 12D 006601: 2028 007500: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 3002 4000 4001 4002 4003 4004 4005 4006 4007 VTD: 12112E1 - 12E1 VTD: 12112E2 - 12E2 VTD: 12112F - 12F VTD: 12112G - 12G VTD: 12112H - 12H VTD: 12112J - 12J VTD: 12112L - 12L VTD: 12112M - 12M VTD: 12112S - 12S VTD: 12112T - 12T VTD: 121EP08A - EP08A 007706: 3046 3047 3048

GEORGIA LAWS 2013 SESSION
VTD: 121HP01 - HP01 980000: 1023 VTD: 121SC30 - SC30 007802: 1008 1009 1013 1017 1033 1034

4355

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act to continue the existence of the Atlanta Independent School System under the management and control of the Atlanta Board of Education, approved June 3, 2003 (Ga. L. 2003, p. 4154), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for 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 for effective dates; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Pat Gardner, who on oath deposes and says that she is the Representative from District 57 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 24, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ PAT GARDNER Pat Gardner Representative, District 57
Sworn to and subscribed before me, this 6th day of February, 2013.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

4356

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 2013 session of the General Assembly of Georgia a bill to amend an Ac t to continue the existence of the ++Atlanta Independent School System++ under the management and control of the Atlanta Board of Education, approved June 3, 2003 (GA. L. 2003, p. 4154), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for 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 for effective dates; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Pat Gardner, who on oath deposes and says that she is the Representative from District 57 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on January 24, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ PAT GARDNER Pat Gardner Representative, District 57

Sworn to and subscribed before me, this 6th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

GEORGIA LAWS 2013 SESSION

4357

GRADY COUNTY GRADY COUNTY LAKE AUTHORITY; CREATION.

No. 254 (House Bill No. 201).

AN ACT

To create the Grady County Lake Authority; to provide a short title; to provide a declaration of need and purpose; to provide for the membership and appointment of members of the authority and their terms of office, duties, powers, and compensation; to provide for a quorum, vacancies, organization, and expenses; to define certain terms; to confer powers and impose duties on the authority; to provide for revenue bonds and their form, negotiability, and sale and use of the proceeds from such sales; to provide for conditions for issuance; to provide for trust agreements as security for revenue bonds; to provide for sinking funds; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for bond validation; to provide that certain moneys will be trust funds; to provide for conveyance of property upon dissolution; to provide for venue and jurisdiction; to provide for venue of actions relating to any provisions of this Act; to provide for tort immunity; to provide for exemptions from certain taxes; to provide for liberal construction; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Short title.

This Act shall be known and may be cited as the Grady County Lake Authority Act.

SECTION 2. Creation of authority; members.

(a) There is created a body corporate and politic to be known as the Grady County Lake Authority, which shall be deemed to be a political subdivision of the state 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. The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this

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Act. The authority shall have its principal office in Grady County, and its legal situs or residence for the purpose of this Act shall be Grady County. (b) The authority shall consist of seven members who shall be eligible to succeed themselves and who shall be elected by the Board of Commissioners of Grady County. At least one member, and no more than two members, of the authority shall be a member of said board of commissioners. Any member of the authority who is a member of said board of commissioners shall serve for a term of office concurrent with such person's term of office as a member of said board of commissioners. Each member of the authority who is not a member of said board of commissioners shall serve for a term of office of three years, except that the initial terms of office of those members first appointed to the authority shall be specified at the time of appointment to be one, two, or three years. After such initial terms, those members who are not members of said board of commissioners shall serve for terms of office of three years each. Members of the authority shall serve for the terms of office so specified and until the appointment and qualification of their respective successors. Vacancies on the authority shall be filled by said board of commissioners for the remainder of the unexpired term and until the appointment and qualification of a successor. Immediately after their election, the members of the authority shall enter upon their duties. The authority shall elect one of its members as chairperson and one as vice chairperson. The secretary-treasurer of the authority shall be appointed by the authority and need not be a member of the authority. Four members of the authority shall constitute a quorum, and no vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority; and, in every instance, a majority vote of a quorum shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds. The members of the authority shall receive no compensation for their services but may be reimbursed by the authority for their actual expenses properly incurred in the performance of their duties. The authority shall make rules and regulations for its own government and shall have perpetual existence.

SECTION 3. Declaration of need and purpose.

Without limiting the generality of any provisions of this Act, the general purpose of the authority shall be to acquire, construct, equip, maintain, and operate certain projects for use by Grady County and other political subdivisions, municipalities, agencies, and authorities of the county for its governmental, proprietary, public, and administrative services, facilities, and functions.

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SECTION 4. Definitions.

As used in this Act, the term: (1) "Authority" means the Grady County Lake Authority created in Section 2 of this Act. (2) "Cost of the project" or "cost" means the cost of construction; the cost of all equipment, lands, properties, rights, easements, and franchises acquired and the cost of all conveyances of the authority's title thereto and leases thereof; the cost of all machinery and equipment and financing charges and interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, fiscal, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing authorized by this Act; and the acquisition and construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued under the provisions of this Act for such project. (3) "Project" means and includes the acquisition, construction, equipping, maintenance, and operation of any undertaking as defined in Code Section 36-82-61 of the O.C.G.A.; any undertaking, project, or service for which the governmental body contracting with the authority is authorized by law to undertake in the performance of its governmental, proprietary, or administrative functions; all personal property to be used in connection therewith; and the lease and sale of any part or all of such facilities, including real and personal property, so as to ensure the efficient and proper development, maintenance, and operation of such project deemed by the authority to be necessary, convenient, or desirable. A project may be composed exclusively of real or personal property, equipment, fixtures, machinery, or other property of any nature whatsoever used or useful in connection with the governmental, administrative, and proprietary functions of any governmental body contracting with the authority for its services or facilities. (4) "Revenue bonds," "bonds," and "obligations" means revenue bonds or obligations as provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," as amended, and obligations of the authority the issuance of which are 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. (6) "State" means the State of Georgia.

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SECTION 5. Powers.

The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, condemnation, or otherwise and to hold, own, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation, in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, rights, or easements therein or franchises necessary or convenient for its corporate purposes; to use the same so long as its corporate existence shall continue; to lease or make contracts with respect to the use of or to dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act; and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned; provided, however, that no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys and fix their respective compensations; (5) To make and execute contracts, leases, installment sales, agreements, and other agreements and 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, political subdivisions, 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, counties, and political subdivisions or relative to the furnishing of facilities and services by municipal corporations, counties, political subdivisions, corporations, or individuals to the authority for a term not exceeding 50 years; (6) To plan, design, construct, erect, acquire, own, lease, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, the cost of any such project to

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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, the state, or any political subdivision, agency, or instrumentality thereof, or from any other source whatsoever; (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 or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the state 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 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; (11) To sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real and personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created; (12) 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; (13) 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 (14) To do all things necessary or convenient to carry out the powers expressly given in this Act.

SECTION 6. Revenue bonds.

The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have the power and is authorized at one time or from time to time to provide by resolution for the issuance of revenue bonds for the purpose of paying all or any part of the cost of any one or more projects. The principal of and interest on such revenue bonds shall be payable from the special fund provided for in this Act for such payment. The bonds of each issue shall be dated; shall bear interest at such rate or rates as determined by the authority, payable on such

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dates as determined by the authority; 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 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 article.

SECTION 7. Trust agreement as security.

In the discretion of the authority, any issue of revenue bonds may be secured by an agreement or indenture made by the authority with a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust agreement or indenture may pledge and assign rents, fees, charges, revenues, and earnings to be received by the authority. The resolution providing for the issuance of revenue bonds and such trust agreements or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver upon default of the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rents, fees, charges, or revenues for use of the project or projects necessary to pay all costs of operation and all reserves provided for, all principal and interest on all bonds of the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the authority. Such resolution and such trust agreement or indenture may include covenants setting forth the duties of the authority in relation to the acquisition of property for and construction of the project and to the custody, safeguarding, and application of all funds and covenants providing for the operation, maintenance, repair, and insurance of the project or projects and may contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. Such trust agreement or 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 securing bonds and debentures of corporations and 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 may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such trust.

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SECTION 8. Refunding bonds.

To the extent authorized under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," the authority is authorized to provide by resolution for the issuance of revenue bonds of the authority for the purpose of calling, refunding, or refinancing any revenue bonds issued by or on behalf of Grady County or any revenue bonds issued under the provisions of this Act and then outstanding and to include in the amount of such refunding bonds all interest and any call premiums that may be required for the redemption and refunding of such outstanding bonds.

SECTION 9. Bonds for essential purpose.

All revenue bonds issued under this Act are declared to be issued for an essential public and governmental purpose, and said bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state to the extent allowed by general law.

SECTION 10. Sale of bonds.

The authority may sell bonds in such manner and for such price as it may determine to be in the best interests of the authority through negotiated or public sale, and the proceeds derived from the sale of such revenue bonds shall be used solely for the purpose provided in the resolutions and proceedings authorizing the issuance of such revenue bonds.

SECTION 11. Conditions for issuance of bonds.

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 and by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon 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.

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SECTION 12. Revenue bonds not debt.

Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the state, Grady County, or any political subdivision thereof, nor a pledge of the faith and credit thereof; but such bonds shall be payable solely from the rentals, revenues, earnings, and funds of the authority as provided in the resolution or trust agreement or indenture authorizing the issuance and securing the payment of such bonds; and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state or any political subdivision thereof to levy or to pledge any form of taxation whatsoever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their fact covering substantially the foregoing provisions of this section. However, any other political subdivision contracting with the authority may obligate itself to pay the amounts required under any contract entered into with the authority from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred under this section and from any other source. The obligation to make such payments shall constitute a general obligation and a pledge of the full faith and credit of the obligor but shall not constitute a debt of the obligor within the meaning of Article IX, Section V, Paragraph I of the Constitution of Georgia. When such obligation is made to make such payments from taxes to be levied for that purpose, then the obligation shall be mandatory to levy and collect such taxes from year to year in an amount sufficient to fulfill and fully comply with the terms of such obligation.

SECTION 13. Sinking fund.

The revenue, rents, and earnings derived from any particular project or projects and any and all revenue, rents, and earnings received by the authority, regardless of whether such revenue, rents, and earnings were produced by a particular project for which bonds have been issued, unless otherwise pledged, may be pledged by the authority for payment of the principal of and interest on the revenue bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds. Such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust instrument and which may be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall become due; (2) The principal of the revenue bonds as the same shall mature; (3) The necessary charges of any trustee or paying agent for paying such principal and interest; and (4) Any premium upon bonds retired by call or purchase.

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The use and disposition of any sinking fund may be subject to such regulation as may be provided for in the resolution authorizing the issuance of the revenue bonds or in the trust instrument securing the payment of the same.

SECTION 14. Validation of bonds.

Revenue bonds of the authority shall be confirmed and validated in accordance with the procedures set forth in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." The petition for validation shall also make party defendant to such action the state and any institution, department, or agency thereof, and any municipality, county, authority, political subdivision, or instrumentality of the state or the United States or any institution, department, or agency thereof, if subject to being sued and if consenting to same, which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated. The state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as part of the basis of the security for the payment of any such bonds of the authority. The revenue bonds when validated, and the judgment of validation, shall be final and conclusive with respect to such revenue bonds, the security for the payment thereof, and interest thereon and against the authority issuing the same and the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the authority.

SECTION 15. Interest of bondholders protected.

While any of the revenue bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that would affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency, or authority shall be created which would compete with the authority to such an extent as to affect adversely the interests and rights of the holders of such revenue bonds, nor shall the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such revenue bonds, and the issuance of such revenue bonds under the provisions of this Act shall constitute a contract with the holders of such revenue bonds.

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SECTION 16. Funds received considered trust funds.

All funds received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds or as revenue, rents, fees, charges, or other earnings or as grants, gifts, or other contributions, shall be deemed to be trust funds to be held and applied by the authority, solely as provided in this Act. The bondholders entitled to receive the benefits of such funds shall have a lien on all such funds until the same are applied as provided for in any such resolution or trust instrument of the authority.

SECTION 17. Exemption from taxation.

The exercise of the powers conferred upon the authority under this Act shall constitute an essential governmental function for a public purpose; and, to the extent allowed by general law, the authority shall not be required to pay taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision; upon its activities in the operation and maintenance of property acquired by it or buildings erected or acquired by it; upon any fees, rentals, or other charges for the use of such property or buildings; or upon other income received by the authority.

SECTION 18. Property not subject to levy and sale.

The property of the authority shall not be subject to levy and sale under legal process.

SECTION 19. Immunity from tort actions.

To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as Grady County, and the officers, agents, and employees of the authority, when in performance of work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of Grady County, when in the performance of their public duties or work of said county. The authority may be sued the same as private corporations on any contractual obligation of the authority.

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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 the authority shall be brought in the Superior Court of Grady County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.

SECTION 21. Scope of operations.

The scope of the authority's operation shall be limited to the territory embraced within Grady County; provided, however, that nothing in this Act shall be construed as prohibiting the authority from providing services or facilities to political subdivisions or other public bodies outside of such territory pursuant to an intergovernmental contract.

SECTION 22. Conveyance of property upon dissolution.

Should the authority for any reason be dissolved after full payment of all bonded indebtedness incurred hereunder, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the authority at the time of such dissolution shall be conveyed to Grady County; or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance.

SECTION 23. Liberal construction of Act.

This Act shall be liberally construed for the accomplishment of the purposes of the authority.

SECTION 24. Effective date.

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

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SECTION 25. 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 2013 session of the General Assembly of Georgia a bill to create the Grady County Lake Authority; to provide a short title; to provide a declaration of need and purpose; to provide for the membership and appointment of members of the authority and their terms of office, duties, powers, and compensation; to provide for a quorum, vacancies, organization, and expenses; to define certain terms; to confer powers and impose duties on the authority; to provide for revenue bonds and their form, negotiability, and sale and the use of proceeds from such sales; to provide for conditions for issuance; to provide for trust agreements as security for revenue bonds; to provide for sinking funds; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for bond validation; to provide that certain moneys will be trust funds; to provide for conveyance of property upon dissolution; to provide for venue and jurisdiction; to provide for venue of actions relating to any provisions of this Act; to provide for tort immunity; to provide for exemptions from certain taxes; to provide for liberal construction; to provide for related matters; to provide for an effective date; and for other purposes.
Representative Darlene E. Taylor District 173
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Darlene Taylor, who on oath deposes and says that she is the Representative from District 173 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cairo Messenger which is the official organ of Grady County on January 30, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DARLENE TAYLOR Darlene Taylor Representative, District 173

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Sworn to and subscribed before me, this 31st day of January, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

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CITY OF ALBANY HOTEL/MOTEL TAX.

No. 259 (House Bill No. 233).

AN ACT

To authorize the governing authority of the City of Albany 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 Albany 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 an ordinance of the governing authority of the City of Albany dated December 18, 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 the duly executed ordinance adopted by the mayor and council of the City of Albany:
(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 Albany 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) 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., the total amount of taxes that would have been collected at a rate of 5 percent shall be expended pursuant to paragraph (3) of subsection (a) of such Code section.

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 2013 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Albany to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; and for other purposes.
s/ Gerald Greene Representative Gerald Greene District 151
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Winfred Dukes, who on oath deposes and says that he is the Representative from District 154 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Dougherty County on January 10, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

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s/ WINFRED DUKES Winfred Dukes Representative, District 154

Sworn to and subscribed before me, this 5th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

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BIBB COUNTY STATE COURT; ADDITIONAL JUDGE; SOLICITOR-GENERAL; SELECTION, TERM OF OFFICE, AND COMPENSATION; CHIEF JUDGE.

No. 263 (House Bill No. 273).

AN ACT

To amend an Act establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, so as to provide an additional judge for said court; to provide for the initial appointment of such additional judge by the Governor; to provide for the election and terms of office for the judges of said court; to provide for a chief judge of said court; to provide for the compensation of the judges of said court; to provide for the selection, terms of office, and compensation of the solicitor-general of said 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 establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, is amended by revising Sections IV, V, and VI as follows:

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"SECTION IV. (a) There shall be two full-time judges of the State Court of Bibb County who shall be selected as provided in this section. (b) The judge of the State Court of Bibb County in office on January 1, 2013, shall continue to serve the term of office to which said judge was elected until the election and qualification of a successor as provided by law. (c) The additional judge appointed as provided by this Act shall be appointed by the Governor for a term beginning July 1, 2013, and expiring December 31, 2014, and until a successor is elected and qualified. A successor to the additional judge shall be elected in a manner provided by Code Section 21-2-138, of the O.C.G.A. for the election of judges of the state courts of this state in 2014 for a term of four years beginning on January 1, 2015, and until the election and qualification of a successor. Future successors shall be elected each four years thereafter as provided by Code Section 21-2-138 of the O.C.G.A. for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the state courts of this state. (d) The judge of the State Court of Bibb County having the longest time in service as a judge of said court shall be the chief judge of the State Court of Bibb County. The chief judge shall have responsibility for the administration of the operations of the State Court of Bibb County, including, but not limited to, appointment of the clerk, budgeting, scheduling, and the policies, rules, and standing orders of the State Court of Bibb County. (e) The judges of the State Court of Bibb County shall receive as salary compensation an amount equal to 90 percent of the base salary paid to a judge in the superior courts by the state and, in addition, an amount equal to 90 percent of any county supplement paid to judges of the Superior Court of Bibb County. The chief judge of the State Court of Bibb County shall also be paid additional salary compensation in the amount of $2,500.00. All of such compensation shall be paid from the funds of Bibb County and in like intervals and installments as salaries are paid to employees of Bibb County. In addition to the salary compensation provided for in this section, the governing authority of Bibb County shall pay on behalf of each judge of the State Court of Bibb County a sum equal to the contribution required for judges by the Georgia Judicial Retirement System created by Chapter 23 of Title 47 of the O.C.G.A.

SECTION V. The judges of the State Court of Bibb County shall have such qualifications, powers, and authority, and shall be subject to such restrictions and discipline, as provided by Chapter 7 of Title 15 of the O.C.G.A. for state court judges in the State of Georgia.

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SECTION VI. The solicitor-general of the State Court of Bibb County shall have such qualifications, powers, and authority, and shall be selected, as provided for by law for solicitors-general in the State of Georgia. The solicitor-general of said court shall receive as compensation an amount equal to 76 percent of the salary of the judges of the Superior Court of Bibb County paid by the state, and, in addition, an amount equal to 76 percent of the amount of any county supplement paid to the judges of the Superior Court of Bibb County. All of such compensation shall be paid from the funds of Bibb County and in like intervals and installments as salaries are paid to employees of Bibb County."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended; and for other purposes.
/s/ Representative Nikki Randall District 142
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 142 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Telegraph which is the official organ of Bibb County on February 1, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ NIKKI RANDALL Nikki Randall Representative, District 142

4374

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 7th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

FULTON COUNTY BOARD OF COMMISSIONERS; REDISTRICTING; QUALIFICATIONS; MANNER OF ELECTION; VACANCIES; CHAIRPERSON; QUORUM.

No. 269 (House Bill No. 171).

AN ACT

To amend an Act creating the Board of Commissioners of Fulton County, approved December 3, 1880 (Ga. L. 1880-81, p. 508), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4148), an Act approved March 28, 1990 (Ga. L. 1990, p. 4531), and an Act approved April 9, 1993 (Ga. L. 1993, p. 5241), 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 qualifications and the manner of election and terms of office; to provide for the filling of vacancies; to provide for the powers and duties of the chairperson; to provide for a quorum; 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 an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Board of Commissioners of Fulton County, approved December 3, 1880 (Ga. L. 1880-81, p. 508), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4148), an Act approved March 28, 1990 (Ga. L. 1990, p. 4531), and an Act approved April 9, 1993 (Ga. L. 1993, p. 5241), is amended by revising Section 2 as follows:

GEORGIA LAWS 2013 SESSION

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"SECTION 2. (a) For purposes of electing members of the board of commissioners, Fulton County is divided into seven commissioner districts. One member of the board shall be elected from each such district. Commissioner Districts 1, 2, 3, 4, 5, and 6 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: fultoncc-p1-2013 Plan Type: Local Administrator: HD050 User: Gina'. Commissioner District 7 shall encompass all of Fulton County. The person elected to Commissioner District 7 shall be the chairperson of the board of commissioners. (b) 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) Any part of Fulton 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. (d) Any part of Fulton 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. (e) All members of the board of commissioners shall be qualified electors of Fulton County and shall be at least 21 years of age as of the date of taking office. All of such members shall have been residents of their respective districts for at least one year from the date of their taking office. The commissioner from District 7 shall be the chairperson of the board of commissioners and shall be elected by a majority vote of the qualified electors of the entire county voting at the elections provided for in this Act. The commissioners from Districts 1, 2, 3, 4, 5, and 6 shall be residents of their respective commissioner districts, and each such member shall be elected by a majority vote of the qualified electors voting within the member's respective commissioner district at the elections provided for in this Act. Any person offering as a candidate for commissioner shall designate the commissioner district for which he or she is offering. All members of the board of commissioners shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'"

4376

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

"SECTION 3. (a) Members of the board of commissioners from Commissioner Districts 1, 3, and 5 shall be elected in the 2014 general election by the qualified electors of their respective districts, shall take office on January 1, 2015, and shall serve a term of office of four years and until their respective successors are elected and qualified. Members of the board of commissioners from Commissioner Districts 2, 4, and 6 shall be elected in the 2014 general election by the qualified electors of their respective districts, shall take office on January 1, 2015, and shall serve a term of office of two years and until their respective successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the term of office, shall take office on January 1 immediately following such election, and shall serve terms of office of four years and until their respective successors are elected and qualified. In the event that the office of a commissioner from Commissioner District 1, 2, 3, 4, 5, or 6 becomes vacant and the unexpired term is six months or less, the Governor shall appoint a qualified person to serve for the remainder of the unexpired term of office. If the unexpired term of office is more than six months, such vacancy shall be filled by a special election held in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' (b) The commissioner from District 7 shall be elected in the 2014 general election by the qualified electors of the entire county, shall take office on January 1, 2015, and shall serve a term of office of four years and until his or her respective successor is elected and qualified. Thereafter, a successor shall be elected at the general election immediately preceding the expiration of the term of office, shall take office on January 1 immediately following such election, and shall serve a term of office of four years and until his or her respective successor is elected and qualified. Such commissioner shall serve as chairperson of the board of commissioners. In the event that the office of chairperson becomes vacant and the unexpired term is six months or less, the Governor shall appoint a chairperson from among the members of the board to serve as chairperson for the remainder of the term. If the unexpired term is more than six months, such vacancy shall be filled by a special election held in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' The chairperson shall be a full voting member of the board of commissioners. (c) The chairperson of the board of commissioners shall have the following powers and duties:
(1) To preside at meetings of the board of commissioners; (2) To serve as the official spokesperson for the board of commissioners; (3) To sign all official papers and other instruments and documents on behalf of the board of commissioners as directed or authorized by ordinance, resolution, or policy of the board of commissioners;

GEORGIA LAWS 2013 SESSION

4377

(4) To make appointments of members of the board of commissioners to committees thereof and to make appointments to other committees, boards, or public authorities as authorized by law or by ordinance, resolution, or policy of the board of commissioners; and (5) To perform such other duties as may be provided by ordinance or resolution of the board of commissioners. (d) Four members of the board of commissioners shall constitute a quorum for the transaction of business, but the affirmative vote of at least four commissioners shall be required for the board of commissioners to take official action."

SECTION 3. Those members of the Board of Commissioners of Fulton 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.

SECTION 4. The Board of Commissioners of Fulton 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 5. This section and those provisions of this Act necessary for the election of members of the Board of Commissioners of Fulton County in 2014 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 on January 1, 2015.

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

Plan: fultoncc-p1-2013 Plan Type: Local Administrator: HD050 User: Gina

District 001 Fulton County VTD: 121AP01A - AP01A VTD: 121AP01B - AP01B VTD: 121AP01C - AP01C

4378

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 121AP05 - AP05 VTD: 121AP09A - AP09A VTD: 121AP09B - AP09B VTD: 121AP12 - AP12 011619: 1000 1001 1002 1003 1004 1005 1006 1007 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 011621: 1000 1001 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1028 VTD: 121AP13 - AP13 VTD: 121AP14A - AP14A VTD: 121AP14B - AP14B VTD: 121AP14C - AP14C VTD: 121JC01 - JC01 VTD: 121JC02 - JC02 VTD: 121JC03 - JC03 VTD: 121JC04A - JC04A VTD: 121JC04B - JC04B VTD: 121JC05 - JC05 VTD: 121JC06 - JC06 VTD: 121JC07 - JC07 VTD: 121JC08 - JC08 VTD: 121JC09 - JC09 VTD: 121JC10 - JC10 VTD: 121JC11 - JC11 VTD: 121JC12A - JC12A VTD: 121JC12B - JC12B VTD: 121JC13A - JC13A VTD: 121JC13B - JC13B VTD: 121JC14 - JC14 VTD: 121JC15 - JC15 VTD: 121JC16 - JC16 VTD: 121JC17 - JC17 VTD: 121JC18 - JC18 VTD: 121JC19 - JC19 VTD: 121RW04 - RW04 VTD: 121RW06 - RW06 VTD: 121RW07B - RW07B VTD: 121RW13 - RW13

GEORGIA LAWS 2013 SESSION
VTD: 121RW17 - RW17 VTD: 121RW20 - RW20 VTD: 121RW21A - RW21A VTD: 121RW21B - RW21B VTD: 121RW22A - RW22A VTD: 121SS01 - SS01 VTD: 121SS17 - SS17 VTD: 121SS25 - SS25
District 002 Fulton County VTD: 121AP02 - AP02 VTD: 121AP03 - AP03 VTD: 121AP04 - AP04 VTD: 121AP06 - AP06 VTD: 121AP07A - AP07A VTD: 121AP07B - AP07B VTD: 121AP10 - AP10 VTD: 121AP12 - AP12 011614: 3005 3006 3007 3008 3016 3017 3018 3019 011616: 1000 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3024 3025 3026 3027 3028 3029 3030 3031 011619: 1008 011621: 1002 1003 1004 1005 1006 1026 1027 VTD: 121ML01A - ML01A VTD: 121ML01B - ML01B VTD: 121ML02A - ML02A VTD: 121ML02B - ML02B VTD: 121ML03 - ML03 VTD: 121ML04 - ML04 VTD: 121ML05 - ML05 VTD: 121ML06 - ML06 VTD: 121ML07 - ML07 VTD: 121MP01 - MP01 VTD: 121RW01 - RW01 VTD: 121RW02 - RW02

4379

4380

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 121RW03A - RW03A VTD: 121RW03B - RW03B VTD: 121RW05 - RW05 VTD: 121RW07A - RW07A VTD: 121RW08 - RW08 VTD: 121RW09 - RW09 VTD: 121RW10 - RW10 VTD: 121RW11A - RW11A VTD: 121RW12A - RW12A VTD: 121RW12B - RW12B VTD: 121RW12C - RW12C VTD: 121RW15 - RW15 VTD: 121RW16 - RW16 VTD: 121RW18 - RW18 VTD: 121RW19 - RW19 VTD: 121SS02A - SS02A VTD: 121SS02B - SS02B VTD: 121SS03 - SS03 VTD: 121SS04 - SS04 VTD: 121SS07A - SS07A VTD: 121SS08C - SS08C VTD: 121SS15A - SS15A VTD: 121SS15B - SS15B VTD: 121SS19 - SS19 VTD: 121SS20 - SS20 VTD: 121SS22 - SS22 VTD: 121SS26 - SS26 VTD: 121SS29 - SS29

District 003 Fulton County VTD: 12102W - 02W VTD: 12103P1 - 03P1 000500: 1081 000600: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 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 1053 1054 1057 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068

GEORGIA LAWS 2013 SESSION
1069 1070 1071 1072 1073 1074 001002: 1016 1017 1018 1019 1020 1022 VTD: 12106A - 06A VTD: 12106D - 06D VTD: 12106E - 06E VTD: 12106H - 06H VTD: 12106J - 06J VTD: 12106L - 06L VTD: 12106R - 06R VTD: 12106S - 06S VTD: 12107A - 07A VTD: 12107B - 07B VTD: 12107C - 07C VTD: 12107D - 07D VTD: 12107E - 07E VTD: 12107F - 07F VTD: 12107G - 07G VTD: 12107H - 07H VTD: 12107J - 07J VTD: 12107K1 - 07K1 VTD: 12107K2 - 07K2 VTD: 12107M1 - 07M1 VTD: 12107M2 - 07M2 VTD: 12107N - 07N VTD: 12108A - 08A VTD: 12108B - 08B VTD: 12108C - 08C VTD: 12108D - 08D VTD: 12108E - 08E VTD: 12108F - 08F VTD: 12108G - 08G VTD: 12108H - 08H VTD: 12108J - 08J VTD: 12108K - 08K VTD: 12108L - 08L VTD: 12108M - 08M VTD: 12108N - 08N VTD: 12108P - 08P VTD: 121SS05 - SS05 VTD: 121SS06 - SS06

4381

4382

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 121SS07B - SS07B VTD: 121SS07C - SS07C VTD: 121SS08A - SS08A VTD: 121SS08B - SS08B VTD: 121SS09 - SS09 VTD: 121SS10 - SS10 VTD: 121SS11A - SS11A VTD: 121SS11B - SS11B VTD: 121SS11C - SS11C VTD: 121SS11D - SS11D VTD: 121SS12 - SS12 VTD: 121SS13A - SS13A VTD: 121SS13B - SS13B VTD: 121SS14 - SS14 VTD: 121SS16 - SS16 VTD: 121SS18A - SS18A VTD: 121SS18B - SS18B VTD: 121SS31 - SS31

District 004 Fulton County VTD: 12102A - 02A VTD: 12102B - 02B VTD: 12102C - 02C VTD: 12102D - 02D VTD: 12102F2 - 02F2 VTD: 12102G - 02G VTD: 12102J - 02J VTD: 12102L1 - 02L1 VTD: 12102L2 - 02L2 VTD: 12102S - 02S VTD: 12102X - 02X VTD: 12103A1 - 03A1 VTD: 12103A2 - 03A2 VTD: 12103B1 - 03B1 VTD: 12103B2 - 03B2 VTD: 12103C - 03C VTD: 12103D - 03D VTD: 12103E - 03E VTD: 12103F - 03F VTD: 12103G - 03G

GEORGIA LAWS 2013 SESSION
VTD: 12103H - 03H VTD: 12103L - 03L VTD: 12103M - 03M VTD: 12103N - 03N VTD: 12103P1 - 03P1 001002: 1045 011800: 2028 2029 2033 2055 2056 2057 VTD: 12103P2 - 03P2 VTD: 12103R - 03R VTD: 12103S - 03S VTD: 12103T - 03T VTD: 12103U - 03U VTD: 12104A - 04A VTD: 12104B - 04B VTD: 12104D - 04D VTD: 12104G - 04G VTD: 12104K - 04K VTD: 12104L - 04L VTD: 12104M - 04M VTD: 12104S - 04S VTD: 12104T - 04T VTD: 12104W - 04W VTD: 12104X1 - 04X1 VTD: 12104X2 - 04X2 VTD: 12105B - 05B VTD: 12105C - 05C VTD: 12105F - 05F VTD: 12106B - 06B VTD: 12106G - 06G VTD: 12106K - 06K VTD: 12109A - 09A VTD: 12109B - 09B VTD: 12109C - 09C VTD: 12109D - 09D VTD: 12109E - 09E VTD: 12109F - 09F VTD: 12109G - 09G VTD: 12109K - 09K VTD: 12109L - 09L

4383

4384

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 12109M - 09M VTD: 12109N - 09N VTD: 12110D - 10D VTD: 12110E - 10E VTD: 12110F - 10F VTD: 12110J - 10J VTD: 12110M1 - 10M1 VTD: 12110M2 - 10M2 VTD: 12110P - 10P VTD: 12111H1 - 11H1 VTD: 12111H2 - 11H2 VTD: 12111K - 11K VTD: 12111L - 11L VTD: 12111M - 11M VTD: 12111R - 11R

District 005 Fulton County VTD: 12101A - 01A VTD: 12101B - 01B VTD: 12101C - 01C VTD: 12101D - 01D VTD: 12101E - 01E VTD: 12101F - 01F VTD: 12101G - 01G VTD: 12101J - 01J VTD: 12101P1 - 01P1 VTD: 12101P2 - 01P2 VTD: 12101R - 01R VTD: 12101S - 01S VTD: 12101T - 01T VTD: 12102E - 02E VTD: 12102F1 - 02F1 VTD: 12104E - 04E VTD: 12104H - 04H VTD: 12104V - 04V VTD: 12105A - 05A VTD: 12106F - 06F VTD: 12111B2 - 11B2 007802: 2000 2003 2006 2007 2008 2009 2010 2012 2013 2014 2015 2016

GEORGIA LAWS 2013 SESSION
2018 4019 4020 4021 4022 010303: 1005 1006 1007 1008 1009 1010 1011 1012 1013 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1036 1037 1038 1039 1042 VTD: 12111C - 11C VTD: 12111E1 - 11E1 VTD: 12111E2 - 11E2 VTD: 12111E3 - 11E3 VTD: 12111E4 - 11E4 VTD: 12111G - 11G VTD: 12111J - 11J VTD: 12111N - 11N VTD: 12111P - 11P VTD: 12112A - 12A VTD: 12112B - 12B VTD: 12112C - 12C VTD: 12112D - 12D VTD: 12112E1 - 12E1 VTD: 12112F - 12F VTD: 12112G - 12G VTD: 12112H - 12H VTD: 12112J - 12J VTD: 12112L - 12L VTD: 12112M - 12M VTD: 12112S - 12S VTD: 12112T - 12T VTD: 121CP07A - CP07A VTD: 121EP01 - EP01 VTD: 121EP03 - EP03 VTD: 121EP04 - EP04 VTD: 121EP06 - EP06 VTD: 121EP07 - EP07 VTD: 121EP08A - EP08A VTD: 121EP08D - EP08D VTD: 121EP09 - EP09 VTD: 121EP10 - EP10 VTD: 121EP11 - EP11 VTD: 121SC05 - SC05 010304: 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040

4385

4386

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

2046 2047 2048 2049 2050 2051 2053 2054 2055 2060 2067 2068 2069 2070 2071 2085 2090 2091 2094 2095 2096 2097 2098 2099 2100 2101 2114 010513: 1009 VTD: 121SC08 - SC08 010513: 1007 1008 1063 1064 1069 1070 1073 1074 1075 1094 1102 1110 VTD: 121SC17 - SC17 VTD: 121SC18 - SC18 VTD: 121SC19 - SC19 VTD: 121UC01 - UC01 010513: 1000 1002 1003 1004 1006 1010 1011 1012 1013 1014 1015 1017 1018 1027 1028 1029 1033 1034 1035 1036 1067 1068 1072 1100 1101

District 006 Fulton County VTD: 12110A - 10A VTD: 12110C - 10C VTD: 12110G - 10G VTD: 12110H - 10H VTD: 12110L - 10L VTD: 12110R - 10R VTD: 12111A1 - 11A1 VTD: 12111A2 - 11A2 VTD: 12111A3 - 11A3 VTD: 12111B1 - 11B1 VTD: 12111B2 - 11B2 007802: 4004 4005 010303: 2025 VTD: 12112E2 - 12E2 VTD: 121CH01 - CH01 VTD: 121CH02 - CH02 VTD: 121CH03 - CH03 VTD: 121CH04 - CH04 VTD: 121CH05 - CH05 VTD: 121CP01A - CP01A

GEORGIA LAWS 2013 SESSION
VTD: 121CP01B - CP01B VTD: 121CP02A - CP02A VTD: 121CP02B - CP02B VTD: 121CP04 - CP04 VTD: 121CP05A - CP05A VTD: 121CP05B - CP05B VTD: 121CP06 - CP06 VTD: 121CP07B - CP07B VTD: 121CP08A - CP08A VTD: 121CP08B - CP08B VTD: 121CP08C - CP08C VTD: 121EP05A - EP05A VTD: 121EP05B - EP05B VTD: 121FA01A - FA01A VTD: 121FA01B - FA01B VTD: 121HP01 - HP01 VTD: 121PA01 - PA01 VTD: 121SC01 - SC01 VTD: 121SC02 - SC02 VTD: 121SC04 - SC04 VTD: 121SC05 - SC05 010301: 1048 1054 1055 1095 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2038 2039 2040 2042 2043 2044 2045 2046 2047 2048 2049 2051 2052 2053 010304: 2027 2028 2052 2056 2057 2061 2063 2064 2065 2066 2083 2089 010513: 1025 1026 010514: 1000 VTD: 121SC07 - SC07 VTD: 121SC08 - SC08 010507: 3066 010510: 2003 4000 4001 4009 010511: 1033 1034 1035 1036 1037 1038 1039 1040 1041 1043 1045 1046 1047 1048 1049 1061 1062 2005 2006 2008 2009 2010 2011 2012

4387

4388

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

2013 2014 2015 2017 2018 2019 2020 2021 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2051 2052 2053 2054 2055 2056 2058 2062 2064 3000 3001 3002 3003 3004 3005 3007 3008 3011 3012 3013 3014 3015 010512: 1002 1003 1004 1005 1006 1007 1008 1016 1017 1024 1025 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2015 2019 2020 2035 2036 010513: 1071 1077 1087 1088 1089 1090 1095 1096 1097 1105 1109 VTD: 121SC09 - SC09 VTD: 121SC10 - SC10 VTD: 121SC11 - SC11 VTD: 121SC13A - SC13A VTD: 121SC13B - SC13B VTD: 121SC14 - SC14 VTD: 121SC16A - SC16A VTD: 121SC16B - SC16B VTD: 121SC21 - SC21 VTD: 121SC23 - SC23 VTD: 121SC27 - SC27 VTD: 121SC29 - SC29 VTD: 121SC30 - SC30 VTD: 121UC01 - UC01 010507: 3061 3062 010511: 2016 2022 2023 2035 2050 2057 2059 2060 2061 2063 2065 3006 010512: 1009 1010 1011 1012 1013 1014 1015 1019 1020 1021 1022 1026 2013 2014 2016 2027 2028 2029 2030 2031 2032 2033 2034 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3019 3020 3021 3022 3023 3029 3030 010513: 1076 1120 VTD: 121UC02 - UC02 VTD: 121UC03A - UC03A VTD: 121UC03B - UC03B

GEORGIA LAWS 2013 SESSION

4389

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia an Act creating the Board of Commissioners of Fulton County, approved December 3, 1880 (Ga. L. 1880-81, p. 508), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4148), an Act approved March 28, 1990 (Ga. L. 1990, p. 4531), and an Act approved April 9, 1993 (Ga. L. 1993, p. 5241), 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 qualifications and the manner of election and terms of office; to provide for the filing of vacancies; to provide for the powers and duties of the chairperson; to provide for a quorum; to provide for the submission of this Act for

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lynne Riley, who on oath deposes and says that she is the Representative from District 50 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on January 25, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ LYNNE RILEY Lynne Riley Representative, District 50

Sworn to and subscribed before me, this 28th day of January, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 6, 2013.

__________

4390

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

TOWN OF TRION MAYOR AND COUNCIL; QUORUM AND VOTING; CONTINUATION AND SUPPORT OF INDEPENDENT SCHOOL SYSTEM; LIMITATION ON SCHOOL SUPERINTENDENT AND MEMBERS OF BOARD OF EDUCATION HOLDING OTHER OFFICES.

No. 273 (House Bill No. 353).

AN ACT

To amend an Act to provide a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), so as to provide for a quorum and voting by the mayor and council; to provide for the continuation and support of the independent school system of the town; to provide limitations on the holding of other offices by the school superintendent and members of the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), is amended by revising Section 2.21 as follows:

"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 a majority of the councilmembers present at a meeting in which a quorum is present shall be required for the adoption of any ordinance, resolution, or motion; provided, however, that, in the event of a tie between councilmembers, the mayor may vote and cast the deciding vote for the adoption of the ordinance, resolution, or motion being considered."

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

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"SECTION 7.00. Independent school system. The town council shall have the right and power to continue in existence its independent school system and shall have the power to levy taxes for the operation of such school system. Subject to the taxing authority of the town council, the school board shall regulate, supervise, and maintain such school system and may contract in any lawful way deemed advisable by such school board for the operation, maintenance, and improvement of such public school system."

SECTION 3. Said Act is further amended by adding a new paragraph to Section 7.10 to read as follows:
"(h) Except where authorized by law, neither the school superintendent nor any member of the board of education shall hold any other elective or appointive office in the town. In addition, no former school superintendent and no former member of the board of education shall hold any appointive office in the town until one year after the expiration of the term for which that official was elected or serving."

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 2013 session of the General Assembly of Georgia a bill to amend an Act to provide a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), so as to provide for the continuation and support of the independent school system of the town; to provide limitations on the holding of other offices by the school superintendent and members of the board of education; to provide for related matters; and for other purposes.
Eddie Lumsden Representative Eddie Lumsden District 12
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eddie Lumsden, 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 Summerville News which is the official organ of

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Chattooga County on January 31, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ EDDIE LUMSDEN Eddie Lumsden Representative, District 12

Sworn to and subscribed before me, this 12th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 7, 2013.

__________

FULTON COUNTY STATE COURT; CHIEF JUDGE; DUTIES AND COMPENSATION.

No. 281 (House Bill No. 435).

AN ACT

To amend an Act creating the State Court of Fulton County, approved March 24, 1976 (Ga. L. 1976, p. 3023), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3537), so as to change the compensation of the chief judge of the court; to provide for duties of the chief judge; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the State Court of Fulton County approved March 24, 1976 (Ga. L. 1976, p. 3023), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3537), is amended by revising subsection (d) of Section 6 as follows:
"(d) The chief judge of the court for his services as chief judge shall be paid from county funds the sum of $6,000.00 per annum. This compensation for performing the duties of chief judge shall be in addition to his or her compensation as a judge of the court."

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SECTION 2. Said Act is further amended in such section by adding a new subsection to read as follows:
"(e) The duties of the chief judge shall include: (1) Regularly meeting with all judges of the court to discuss issues affecting the courts, to collaborate on best practices regarding case management and sentencing, and to achieve other operational efficiencies; (2) In consultation with the chief judge of the Superior Court of Fulton County, managing the available courtroom space, including any courtrooms in ancillary facilities, in order to maximize secure courtrooms for criminal trials and other criminal proceedings, including assigning judges to a particular courtroom on a permanent or temporary basis; (3) In consultation with the chief judge of the Superior Court of Fulton County, annually identifying present and projected courtroom and administrative space and other facility needs to the Fulton County Board of Commissioners after consultation with all of the judges of the court; (4) After consulting with all of the judges of the court, determining if divisions should be created or maintained, the appropriate workload for any such divisions, the requirements to transfer a judge in or out of a division, and the number of judges to be placed in a division; (5) Assigning judges to any created court division, taking into account a judge's interests, expertise, and training in particular subjects as well as demonstrated ability to effectively manage the docket of a division; (6) Revoking a judge's division assignment if the chief judge determines that such judge is not properly or efficiently performing his or her duties in a division; (7) Assigning specific cases and motions to a specific judge or judges, including requiring case management conferences and orders, to most efficiently utilize judicial resources and facilities; (8) Working with the court administrator, the county manager of Fulton County, other courts of Fulton County, and the Fulton County Board of Commissioners to eliminate duplication of functions and achieve greater operational efficiencies; (9) Preparing and presenting the court's budget to local authorities after conferring with all of the judges of the court; (10) After consulting with all of the judges of the court, establishing criteria and qualifications for the employment, discipline, and dismissal of employees assigned to the courts and each judge; (11) Devising and implementing a personnel system for the courts to ensure fair treatment for all personnel assigned to the courts and each judge; (12) Requiring the clerk of court or court administrator to prepare and disseminate to the chief judge and all other judges on the court monthly case activity reports which, at a minimum, show the number of civil cases assigned, disposed of, and pending for each

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judge and the number of criminal cases assigned, disposed of, and pending for each judge. (13) Meeting with judges who are not meeting case management expectations, including those judges who fail to timely manage court calendars, fail to timely rule on motions, or whose number of cases far exceeds other judges, and determining what remedial action should be taken or assistance should be provided, taking into account fair treatment of all other judges; and (14) Performing all other duties required by law."

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 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 2013 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Fulton County, approved March 24, 1976 (Ga. L. 1976, p. 3023), as amended; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wendell Willard, who on oath deposes and says that he is the Representative from District 51 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on February 8, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ WENDELL WILLARD Wendell Willard Representative, District 51

Sworn to and subscribed before me, this 12th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia

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My Commission Expires January 23, 2015 (SEAL)

Approved May 7, 2013.

__________

FULTON COUNTY CHIEF MAGISTRATE; MANNER OF SELECTION; NONPARTISAN ELECTION; APPOINTMENT OF MAGISTRATES; FILLING OF VACANCIES; ASSIGNMENT OF DUTIES.

No. 283 (House Bill No. 443).

AN ACT

To amend an Act providing for the appointment of magistrates in Fulton County, approved March 18, 1983 (Ga. L. 1983, p. 4373), as amended, so as to provide that the successor to the chief magistrate judge of the Magistrate Court of Fulton County currently serving shall be appointed by the Governor; to provide that after one four-year term, the chief magistrate shall be elected in nonpartisan elections; to provide for the appointment of magistrates; to provide for the assignment of responsibilities; to provide for the filling of vacancies; 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 appointment of magistrates in Fulton County, approved March 18, 1983 (Ga. L. 1983, p. 4373), as amended, is amended by revising Section 2 as follows:

"SECTION 2. (a) The chief magistrate and all other magistrates of Fulton County holding office on the effective date of this Act shall continue to serve for the remainder of their terms. (b) The chief magistrate serving on the effective date of this Act shall continue to serve for the remainder of his or her term and until a successor has been duly appointed. The chief magistrate shall be eligible to succeed himself or herself. His or her successor shall be appointed by the Governor and shall serve a term of four years. Thereafter, the chief magistrate shall be elected at the nonpartisan general election held immediately preceding expiration of the term of office and conducted as provided for in Code Section 21-2-139 of the O.C.G.A. A vacancy in the office of chief magistrate shall be filled for the

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remainder of the unexpired term by a majority vote of the judges of the Superior Court of Fulton County and a majority vote of the judges of the State Court of Fulton County. (c) The chief magistrate shall appoint all other magistrates and shall fill any vacancies in such office through appointment with the approval of a majority vote of the judges of the Superior Court of Fulton County and a majority vote of the judges of the State Court of Fulton County. The chief magistrate may assign responsibilities among the magistrates. (d) The judges of the Superior Court of Fulton County and the State Court of Fulton County may, by majority vote, increase the number of full-time and part-time magistrates, subject to the approval of the governing authority of Fulton County of available appropriated funds, and place reasonable restrictions on the practice of law in the circuit for persons serving as part-time magistrates. (e) Judicial officers who sit as magistrate judges in the superior court and only handle Family Division matters, including, without limitation, child support and family violence cases, shall continue to be appointed, managed, and assigned pursuant to internal operating procedures adopted by the judges of the Superior Court of Fulton County. (f) To be eligible to serve as a magistrate judge, a person shall:
(1) Be and have been a member in good standing of the State Bar of Georgia for not less than seven years prior to qualifying for or being appointed to such office; (2) Be at least 30 years of age; (3) Be and have been a resident of Fulton County for not less than one year prior to qualifying for or being appointed to such office; and (4) Be and have been a citizen of the United States for not less than three years prior to qualifying for or being appointed to such office.

SECTION 2. The governing authority of Fulton 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. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act providing for the appointment of magistrates in Fulton County, approved March 18, 1983 (Ga. L. 1983, p. 4373), as amended; and for other purposes.

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GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wendell Willard, who on oath deposes and says that he is the Representative from District 51 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on February 8, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ WENDELL WILLARD Wendell Willard Representative, District 51

Sworn to and subscribed before me, this 12th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 7, 2013.

__________

FULTON COUNTY SUPERIOR COURT; JUDGES; COMPENSATION.

No. 284 (House Bill No. 444).

AN ACT

To amend an Act to supplement the salaries of the judges of the Superior Court of Fulton County, approved March 8, 1945 (Ga. L. 1945, p. 1076), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4092), so as to increase the amount of such supplement for the judges of the superior court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. An Act to supplement the salaries of the judges of the Superior Court of Fulton County, approved March 8, 1945 (Ga. L. 1945, p. 1076), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4092), is amended by revising Section 1 as follows:

"SECTION 1. The Board of County Commissioners of Fulton County, or such other board or persons as may from time to time exercise the administrative power of Fulton County, shall pay to each of the judges of the Superior Court of Fulton County, in addition to the salaries paid by the state, the sum of not less than $49,748.00 per annum, payable in equal monthly installments; provided, however, that the chief judge of the Superior Court of Fulton County shall receive an additional county paid salary supplement in the sum of not less than $6,000.00 per annum, such amount to be paid in addition to the additional amount paid by the county to each superior court judge and such amount also to be payable in equal monthly installments. The board of county commissioners, or other board, is authorized to increase the supplemental county salaries paid to the judges and chief judge of the Superior Court of Fulton County. The amounts paid pursuant to this section are declared to be part of the court expenses of said county."

SECTION 2. This Act shall become effective on January 1, 2014.

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 introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act to supplement the salaries of the judges of the Superior Court of Fulton County, approved March 8, 1945 (Ga. L. 1945, p. 1076), as amended; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wendell Willard , who on oath deposes and says that he is the Representative from District 51 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on February 8, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

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s/ WENDELL WILLARD Wendell Willard Representative, District 51

Sworn to and subscribed before me, this 12th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 7, 2013.

__________

CHEROKEE COUNTY STATE COURT; TECHNOLOGY FEE.

No. 286 (House Bill No. 450).

AN ACT

To amend an Act creating the State Court of Cherokee County, approved April 15, 1996 (Ga. L. 1996, p. 4427), 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 said technology fees may be put; to provide for automatic repeal; 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 State Court of Cherokee County, approved April 15, 1996 (Ga. L. 1996, p. 4427), as amended, is amended by designating the current provisions of Section 14 as subsection (a) thereof and adding a new subsection (b) to read as follows:
"(b) The clerk of the State Court of Cherokee County shall be entitled to charge and collect a technology fee to be set by the court, not to exceed $5.00 for the filing of each civil action and not to exceed $5.00 as a surcharge to each fine paid. Technology fees shall be used exclusively to provide for the technological needs of the court as follows: computer hardware and software purchase, courtroom display systems, lease, maintenance, and installation; and imaging, scanning, facsimile, communications, projection, and printing equipment and software purchase, lease, maintenance, and installation. The funds collected

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pursuant to this authorization shall be maintained in a segregated fund by the clerk of court, shall be disbursed at the discretion of the chief judge, and shall be used only for the purposes authorized in this subsection at the direction of the chief judge of the court."

SECTION 2. This Act shall stand automatically repealed on July 30, 2018.

SECTION 3. This Act shall become effective on July 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 2013 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Cherokee County. Approved April 15, 1996 (Ga. L. 1996, p. 4427), as amended; and for other purposes.

Representative Mandi Ballinger District 23

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mandi Ballinger, who on oath deposes and says that she is the Representative from District 23 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 15, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MANDI BALLINGER Mandi Ballinger Representative, District 23

Sworn to and subscribed before me, this 21st day of February 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia

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4401

My Commission Expires January 23, 2015 (SEAL)

Approved May 7, 2013.

__________

CITY OF MILTON CITY COUNCIL; REDISTRICTING.

No. 287 (House Bill No. 452).

AN ACT

To amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), 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 incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), as amended, is amended by revising subsections (c), (d), (e), and (f) of Section 2.11 as follows:
"(c)(1) For the purpose of electing members of the council, the City of Milton shall consist of three council districts which 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: miltoncc-2013 Plan Type: Local Administrator: H047 User: Gina' which are also described in Appendix B of this charter, which appendix is attached and incorporated into this charter by reference. Each candidate for election to the council other than the mayor must reside in the council district he or she seeks to represent, but such districts shall be residency districts only and not voting districts. All elections for all councilmembers shall be at-large by the voters of the entire city. (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

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(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 City of Milton which is not included in any district described in paragraph (1) of this subsection 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 City of Milton which is described in paragraph (1) of this subsection 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. (5) On and after the effective date of this provision, the councilmember from former Council District 1 shall be deemed to represent new Council District 1, Post 1; the councilmember from former Council District 2 shall be deemed to represent new Council District 2, Post 2; the councilmember from former Council District 3 shall be deemed to represent Council District 2, Post 1; the councilmember from former Council District 4 shall be deemed to represent new Council District 1, Post 2; the councilmember from former Council District 5 shall be deemed to represent new Council District 3, Post 1; and the councilmember from former Council District 6 shall be deemed to represent new Council District 3, Post 2. (d) Successors to the mayor and the councilmembers from Council District 1, Post 1; Council District 2, Post 1; and Council District 3, Post 1, shall be elected at the November, 2013, municipal election. Successors to the councilmembers from Council District 1, Post 2; Council District 2, Post 2; and Council District 3, Post 2 shall be elected at the November, 2015, municipal election. Such successors shall be elected for terms of four years. All members shall serve until their successors are elected and qualified. (e) The mayor and each councilmember shall be elected by the qualified electors of the city at large. (f) 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. Successors to the mayor and councilmembers shall be elected at the municipal 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."

SECTION 2. Said Act is further amended by revising Appendix B as follows:

GEORGIA LAWS 2013 SESSION
"APPENDIX B
Plan: miltoncc-2013 Plan Type: Local Administrator: H047 User: Gina
District 001 Fulton County VTD: 121AP04 - AP04 011503: 3023 3031 VTD: 121ML01A - ML01A 011503: 1003 1004 1005 1006 1007 1008 1016 1018 1020 1021 2000 2001 2002 2003 2006 2015 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3024 3028 3032 3037 3038 3039 3040 3041 3042 3043 3045 3047 3054 VTD: 121ML01B - ML01B 011503: 2004 2005 2010 2011 2012 2016 2025 2031 011505: 1001 1003 1009 1019 011506: 2000 2001 2008 2012 VTD: 121ML02A - ML02A 011504: 3029 3033 3034 3035 VTD: 121ML02B - ML02B 011503: 1000 1001 1002 3007 3008 011504: 2011 2012 2020 2021 3037 011615: 1005 1006 VTD: 121ML04 - ML04 011614: 3043 3044 3051 011615: 1000 1001 1002 1003 1009 1010 1011 1012 1014 1015 1016 1019 1020 1021 1033 1034 1036 1047 3006 3017 3021 3034 3035 3036

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3037 3040 VTD: 121ML05 - ML05 011615: 3016 3018 3019 VTD: 121ML06 - ML06 011614: 1016 1017 1018 1019 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 3000 3001 3002 3003 3004 3009 3010 3011 3012 3013 3014 3015 3021 011615: 3024 3028 3052

District 002 Fulton County VTD: 121ML02A - ML02A 011503: 3000 3001 3002 3003 3004 3005 3006 011504: 2023 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3013 3017 3018 3019 3020 3021 3022 3023 3024 3032 3038 VTD: 121ML02B - ML02B 011504: 2006 2014 2015 2016 VTD: 121ML03 - ML03 VTD: 121ML04 - ML04 011504: 2001 2002 2003 2004 2005 2007 2008 2013 4028 4029 011615: 2004 3002 VTD: 121ML05 - ML05 011504: 4017 4025 4026 VTD: 121ML07 - ML07 011504: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1021 1022 4000 4001 4002 4003 4004 4008 4009 4010 4011 4012 4013 4014 4015 4016 4021 4022 4030

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District 003 Fulton County VTD: 121ML04 - ML04 011504: 4027 011615: 3003 VTD: 121ML05 - ML05 011504: 4019 4024 4031 4033 4034 4035 011614: 2001 2008 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 011615: 2000 2001 2002 2003 2005 2006 2007 2008 2009 2010 3000 3001 3007 3008 3009 3010 3011 3012 3013 3014 3015 3023 VTD: 121ML06 - ML06 011614: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1020 1021 2000 2002 2003 2004 2005 2006 2007 2012 2021 VTD: 121ML07 - ML07 011504: 4020 4023 4032"

SECTION 3. Those members of the city council of the City of Milton 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.

SECTION 4. The governing authority of the City of Milton 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.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006. p. 3554), as amended, so as to change the 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.

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 47 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on February 15, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JAN JONES Jan Jones Representative, District 47

Sworn to and subscribed before me, this 21st day of February 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 7, 2013.

__________

GEORGIA LAWS 2013 SESSION

4407

BIBB COUNTY CIVIL SERVICE SYSTEM AND CIVIL SERVICE BOARD; DEFINITION; ATTORNEY'S FEE.

No. 290 (House Bill No. 470).

AN ACT

To amend an Act providing for a Civil Service System and a Civil Service Board for Bibb County, approved March 9, 1955 (Ga. L. 1955, p. 682), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 750), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4099), so as to define a certain term; to provide for an award of an attorney's fee under certain conditions; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for a Civil Service System and a Civil Service Board for Bibb County, approved March 9, 1955 (Ga. L. 1955, p. 682), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 750), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4099), is amended by adding at the end of Section 5 a new subsection to read as follows:
"(h) Any person holding the rank of colonel."

SECTION 2. Said Act is further amended by revising subparagraph (I) of paragraph (2) of Part 19C as follows:
"(I) An employee may represent himself or herself at the hearing or he or she may retain the services of an attorney to represent the employee at the hearing. In the event that the employee does retain the services of an attorney to represent him or her, and if the hearing officer renders a final decision in such employee's favor, the board shall reimburse the employee for said employee's attorney's fees and expenses in an amount not greater than $500.00;"

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 2013 session of the General Assembly of Georgia a bill to amend an Act providing for a Civil Service System and a Civil Service Board for Bibb County, approved March 9, 1955 (Ga. L. 1955, p. 682), as amended,

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particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 750), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4099); and for other purposes.

Representative Nikki Randall District 142

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 142 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Telegraph which is the official organ of Bibb County on February 19, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ NIKKI RANDALL Nikki Randall Representative, District 142

Sworn to and subscribed before me, this 25th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 7, 2013.

__________

GEORGIA LAWS 2013 SESSION

4409

CITY OF MILTON CLARIFY MILLAGE RATE CAP PROVISIONS; MAYOR AND COUNCIL; TERM LIMITS; NUMBER OF VOTES REQUIRED TO OVERRIDE VETO; SELECTION OF MAYOR PRO TEMPORE.

No. 295 (House Bill No. 527).

AN ACT

To amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4283), so as to clarify the cap on the millage rate for ad valorem property taxes; to revise the term limits on the mayor and city council; to provide that the affirmative vote of five councilmembers shall be required to override a veto; to provide for the selection and term of a mayor pro tempore; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4283), is amended by revising subparagraph (b)(40)(A) of Section 1.12 as follows:
"(A) For all years, the millage rate imposed for ad valorem taxes on real property for operating budget purposes shall not exceed 4.731 unless a higher limit is recommended by resolution of the city council and approved by a majority of the qualified voters of the city voting in a referendum; provided, however, that for the purposes of compliance with Code Section 48-8-91 of the O.C.G.A., the millage rate may be adjusted upward for the sole purpose of complying with the millage rate rollback provisions set forth therein. For the purposes of this subparagraph, the term 'qualified voters' means those voters of the city who are qualified to vote in city elections and cast a vote for or against such measure in such referendum. The question to be presented to the voters in the referendum on increasing the millage rate shall be 'Do you approve increasing taxes on residential and nonresidential property for City of Milton property owners by raising from [current millage rate] to [proposed millage rate] the operating budget millage rate, which was capped in the original charter for the city?' If such millage rate increase is approved by the qualified voters of the City of Milton voting in the referendum, the new rate shall become the maximum limit until changed again by resolution of the city council and approval by a majority of the qualified voters of the City of Milton voting in a referendum;".

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2. Said Act is further amended by revising subsection (c) of Section 2.10 as follows:
"(c)(1) The mayor shall be limited to serving three full, consecutive four-year terms of office. (2) Councilmembers shall be limited to serving three full, consecutive terms of office. (3) Persons who serve terms of less than four years as a result of being elected to an initial term of office under subsection (d) of Section 2.11 of this charter or who fill an unexpired term shall not be considered to have served a full term of office for the purposes of this subsection."

SECTION 3. Said Act is further amended by revising subsection (c) of Section 3.21 as follows:
"(c) An ordinance 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 councilmembers necessary to vote to override the veto are not present, the action may be continued until the next meeting at which such minimum number of councilmembers are present. The city council may override a veto by the mayor and adopt any ordinance that has been vetoed by the mayor by the affirmative votes of at least five councilmembers, not including the mayor."

SECTION 4. Said Act is further amended by revising Section 3.29 as follows:

"SECTION 3.29. Selection of mayor pro tempore.

There shall be a mayor pro tempore elected from among the councilmembers by the city council at the first regular meeting of each calendar year. The mayor pro tempore serving on the effective date of this Act shall serve until the first regular meeting of the city council in 2014, at which time a successor shall be elected to serve for a term of one year. All subsequent successors shall be elected at the first regular meeting of the city council in each calendar year to serve until the first regular meeting of the city council in the immediately following calendar year. The mayor pro tempore shall continue to vote and otherwise participate as a councilmember. A vacancy in the position of mayor pro tempore resulting from the mayor pro tempore ceasing to serve as a councilmember or from any other cause shall be filled for the remainder of the unexpired term in the same manner as the original election."

SECTION 5. Said Act is further amended by revising subsection (b) of Section 6.11 as follows:

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"(b) For all years, the millage rate imposed for ad valorem taxes on real property shall not exceed 4.731 unless a higher millage rate is recommended by resolution of the city council and subsequently approved by a majority of the qualified voters of the city voting in a referendum. For the purposes of this subsection, the term 'qualified voters' means those voters of the city who are qualified to vote in city elections and cast a vote for or against such measure in such referendum. This millage rate limit shall apply to the millage rate actually levied and shall not apply to the hypothetical millage rate computed under subsection (a) of Code Section 48-8-91 of the O.C.G.A., relating to conditions on imposition of the joint county and municipal sales tax."

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 2013 session of the General Assembly of Georgia a bill to amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4283), so as to clarify the cap on the millage rate for ad valorem property taxes; to revise the term limits on the mayor and city council; to provide that the affirmative vote of five councilmembers shall be required to override a veto; to provide for the selection and term of a mayor pro tempore; to provide for related matters; and for other purposes.
Representative Jan Jones
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 47 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 27, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JAN JONES Jan Jones Representative, District 47

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 4th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 7, 2013.

__________

CITY OF PEACHTREE CITY HOTEL/MOTEL TAX.

No. 296 (House Bill No. 528).

AN ACT

To authorize the governing authority of the City of Peachtree City 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 Peachtree City 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 Ordinance No. 1053 of the governing authority of the City of Peachtree City dated December 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 Ordinance No. 1053 adopted by the mayor and council of the City of Peachtree City:
(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 exceeds 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 Peachtree City 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 exceeds 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 to include, and be limited to, capital costs and operating expenses which related to visitor information and welcome centers, wayfinding signage, parks and recreation facilities, and performing arts facilities.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
GEORGIA, FAYETTE COUNTY 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 2013 session of the General Assembly of Georgia a bill to allow the City of Peachtree City to levy an excise tax on lodging pursuant to O.C.G.A. 48-13-51(b); to provide procedures, conditions, and limitations, to provide for related matters; to repeal conflicting laws; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Yates, who on oath deposes and says that he is the Representative from District 73 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Fayette Daily News which is the official organ of Fayette County on February 27, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

s/ JOHN YATES John Yates Representative, District 73

Sworn to and subscribed before me, this 4th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 7, 2013.

__________

COLUMBUS, GEORGIA RECORDER'S COURT; TECHNOLOGY FEE.

No. 297 (House Bill No. 556).

AN ACT

To authorize the Recorder's Court of Columbus, Georgia, to impose and collect a technology fee for each fine imposed; to specify the uses to which said technology fees may be put; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Upon a finding by the chief judge of the Recorder's Court of Columbus, Georgia, that a need exists for imposition and collection of a technology fee, the clerk of court shall be entitled to charge and collect a technology fee to be set by the court, not to exceed $15.00, as a surcharge to each fine imposed; provided, however, that such surcharge shall not be added to a fine established by general law. Technology fees shall be used exclusively to provide for the technological needs of the court as follows: computer hardware purchase, lease, maintenance, and installation; imaging, scanning, facsimile, communications, projection, and printing equipment; and software purchase, lease, maintenance, development, and installation. The funds collected pursuant to this authorization shall be maintained in a segregated fund by the clerk of court and shall be used only for the purposes authorized in this section.

GEORGIA LAWS 2013 SESSION
SECTION 2. This Act shall stand automatically repealed on July 1, 2016.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

4415

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to authorize the Recorder's Court of Columbus, Georgia, to impose and collect a technology fee for each criminal fine imposed; to specify the uses to which said technology fees may be put; and for other purposes.

Representative Calvin Smyre District 135

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 135 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Ledger-Enquirer which is the official organ of Columbus-Muscogee County on February 16, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CALVIN SMYRE Calvin Smyre Representative, District 135

Sworn to and subscribed before me, this 5th day of March 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 7, 2013.

__________

4416

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

BIBB COUNTY CIVIL SERVICE SYSTEM; CIVIL SERVICE BOARD; DEFINITION; ATTORNEY'S FEES.

No. 298 (House Bill No. 570).

AN ACT

To amend an Act providing for a Civil Service System and a Civil Service Board for Bibb County, approved March 9, 1955 (Ga. L. 1955, p. 682), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 750), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4099), so as to define a certain term; to provide for an award of an attorney's fee under certain conditions; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for a Civil Service System and a Civil Service Board for Bibb County, approved March 9, 1955 (Ga. L. 1955, p. 682), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 750), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4099), is amended by adding at the end of Section 5 a new subsection to read as follows:
"(h) Any person holding the rank of colonel."

SECTION 2. Said Act is further amended by revising subparagraph (I) of paragraph (2) of Part 19C as follows:
"(I) An employee may represent himself or herself at the hearing or he or she may retain the services of an attorney to represent the employee at the hearing. In the event that the employee does retain the services of an attorney to represent him or her, and if the hearing officer renders a final decision in such employee's favor, the board shall reimburse the employee for said employee's attorney's fees and expenses in an amount not greater than $500.00;"

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 2013 session of the General Assembly of Georgia a bill to amend an Act providing for a Civil Service System and a Civil Service Board for Bibb County, approved March 9, 1955 (Ga. L. 1955, p. 682), as amended,

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particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 750), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4099); and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Allen Peake, who on oath deposes and says that he is the Representative from District 141 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Telegraph which is the official organ of Bibb County on February 19, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ ALLEN PEAKE Allen Peake Representative, District 141

Sworn to and subscribed before me, this 7th day of March 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 7, 2013.

__________

CITY OF JOHNS CREEK CLARIFY PROVISIONS REGARDING MILLAGE RATE CAP.

No. 299 (House Bill No. 574).

AN ACT

To amend an Act to incorporate the City of Johns Creek in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3503), as amended, so as to clarify the cap on changing the millage rate for ad valorem property taxes; 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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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1. An Act to incorporate the City of Johns Creek in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3503), as amended, is amended by revising subparagraph (b)(39)(A) of Section 1.12 as follows:
"(A) For all years, the millage rate imposed for ad valorem taxes on real property for operating budget purposes shall not exceed 4.731 unless a higher limit is recommended by resolution of the city council and approved by a majority of the qualified voters of the city voting in a referendum; provided, however, that for the purposes of compliance with Code Section 48-8-91 of the O.C.G.A., the millage rate may be adjusted upward for the sole purpose of complying with the millage rate rollback provisions set forth therein. For the purposes of this subparagraph, the term 'qualified voters' means those voters of the city who are qualified to vote in city elections and cast a vote for or against such measure in such referendum. The question to be presented to the voters in the referendum on increasing the millage rate shall be 'Do you approve increasing taxes on residential and nonresidential property for City of Johns Creek property owners by raising from [current millage rate] to [proposed millage rate] the operating budget millage rate, which was capped in the original charter for the city?' If such millage rate increase is approved by the qualified voters of the City of Johns Creek voting in the referendum, the new rate shall become the maximum limit until changed again by resolution of the city council and approval by a majority of the qualified voters of the City of Johns Creek voting in a referendum;".

SECTION 2. Said Act is further amended by revising subsection (b) of Section 6.11 as follows:
"(b) For all years, the millage rate imposed for ad valorem taxes on real property shall not exceed 4.731 unless a higher millage rate is recommended by resolution of the city council and subsequently approved by a majority of the qualified voters of the city voting in a referendum. For the purposes of this subsection, the term 'qualified voters' means those voters of the city who are qualified to vote in city elections and cast a vote for or against such measure in such referendum. This millage rate limit shall apply to the millage rate actually levied and shall not apply to the hypothetical millage rate computed under subsection (a) of Code Section 48-8-91 of the O.C.G.A., relating to conditions on imposition of the joint county and municipal sales tax."

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 2013 session of the General Assembly of Georgia a bill to amend an Act to incorporate the City of Johns Creek in Fulton

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County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3503), as amended, so as to clarify the cap on changing the millage rate for ad valorem property taxes; 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, Lynne Riley, who on oath deposes and says that she is the Representative from District 50 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on March 7, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ LYNNE RILEY Lynne Riley Representative, District 50

Sworn to and subscribed before me, this 11th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 7, 2013.

__________

CITY OF GRIFFIN MUNICIPAL COURT; TECHNOLOGY FEE.

No. 300 (House Bill No. 583).

AN ACT

To authorize the Municipal Court of the City of Griffin to charge a technology fee for each criminal and quasi-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:

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1. The clerk of the Municipal Court of the City of Griffin shall be entitled to charge and collect a technology fee as a surcharge to each criminal and quasi-criminal fine paid. The technology fee shall be set by order of the judge of 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: 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 account by the clerk of the court, separate from other funds of the city, and shall be expended only for authorized purposes upon order of the judge after consultation with the clerk and public safety director. The funds may be used to reimburse the city's information technology department for services provided to the court.

SECTION 2. This Act shall become effective on July 1, 2013.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the regular 2013 Session of the General Assembly of Georgia a bill to authorize the Municipal Court of the City of Griffin to charge a technology fee for each civil case 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.
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 130 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 1, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DAVID KNIGHT David Knight Representative, District 130

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Sworn to and subscribed before me, this 12th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 7, 2013.

__________

CLAYTON COUNTY CLAYTON COUNTY SCHOOL SYSTEM; REPEAL CODE OF ETHICS AND ETHICS COMMISSION.

No. 301 (House Bill No. 591).

AN ACT

Repealing an Act creating a code of ethics and ethics commission for the Clayton County School System, approved April 24, 2008 (Ga. L. 2008, p. 3616), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 3869); and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a code of ethics and ethics commission for the Clayton County School System, approved April 24, 2008 (Ga. L. 2008, p. 3616), and the amendatory Act approved May 11, 2009 (Ga. L. 2009, p. 3869), are repealed in their entirety.

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 2013 session of the General Assembly of Georgia a bill to repealing an Act creating a code of ethics and ethics commission for the Clayton County School System, approved April 24, 2008 (Ga. L. 2008, p. 3616), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 3869); and for other purposes.

4422

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

s/ Mike Glanton Representative Mike Glanton District 75

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Glanton, who on oath deposes and says that he is the Representative from District 75 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the News Daily which is the official organ of Clayton County on February 8, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MIKE GLANTON Mike Glanton Representative, District 75

Sworn to and subscribed before me, this 11th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 7, 2013.

__________

FULTON COUNTY FULTON COUNTY PERSONNEL BOARD; FULTON COUNTY MERIT SYSTEM OF PERSONNEL ADMINISTRATION; AUTHORITY; DEFINITIONS; UNCLASSIFIED EMPLOYEES; DISMISSAL, DEMOTION, AND DISCIPLINE OF EMPLOYEES.

No. 302 (House Bill No. 594).

AN ACT

To amend an Act entitled "An Act to completely and exhaustively revise, supersede, consolidate, and replace all of the laws and amendments thereto pertaining to the Fulton

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County Personnel Board and the Fulton County Merit System of Personnel Administration," approved April 13, 1982 (Ga. L. 1982, p. 4896), as amended, so as to provide a statement of authority; to define certain terms; to provide that all future employees of Fulton County other than public safety employees shall be unclassified; to provide for current classified employees; to provide that employees may be dismissed, demoted, or disciplined for any reason or no reason without notice, explanation, or appeal; to provide a statement of legislative intent; 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 provisions of that local amendment to the Constitution of Georgia found at 1939 Georgia Laws page 39, which was duly continued in effect at 1986 Georgia Laws page 4420.

SECTION 2. An Act entitled "An Act to completely and exhaustively revise, supersede, consolidate, and replace all of the laws and amendments thereto pertaining to the Fulton County Personnel Board and the Fulton County Merit System of Personnel Administration," approved April 13, 1982 (Ga. L. 1982, p. 4896), as amended, is amended by revising Section 6 as follows:

"SECTION 6. Classified and unclassified services.

(a) As used in this Act, the term: (1) 'Emergency medical professional' means any person employed by Fulton County to perform emergency medical services who is licensed or certified to provide health care in accordance with the provisions of Chapter 11, Chapter 26, or Chapter 34 of Title 43 of the O.C.G.A. (2) 'Firefighter' means any person who is employed by Fulton County as a professional firefighter on a full-time basis for at least 40 hours per week by the county when such person has responsibility for preventing and suppressing fires, and protecting life and property. (3) 'Peace officer' means any peace officer who is employed by the county who is required by the terms of such peace officer's employment to give such peace officer's full time to the preservation of public order, the protection of life and property, or the detection of crime and who is required by the terms of such peace officer's employment to comply with the requirements of the 'Georgia Peace Officer Standards and Training Act' contained in Chapter 8 of Title 35 of the O.C.G.A. Such term shall include any deputy sheriff employed as such by the sheriff of Fulton County.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(4) 'Public safety employee' means a peace officer, a firefighter, or an emergency medical professional. (b) The 'classified service' to which this Act applies shall comprise classified employees who have successfully completed their probationary period on the effective date of this Act. Such employees shall remain in the classified service only so long as they remain employed in a position which was a classified position on such date without a break in service. The classified service shall also include all active public safety employees. (c) The 'unclassified service' shall comprise all unclassified positions on the effective date of this Act and all positions filled on or after such date. Without limiting such provisions, the unclassified service shall include the following categories, classes, and positions: (1) The Fulton County Board of Commissioners and all other officers who are elected by popular vote and persons appointed to fill vacancies in elective offices; (2) All judges, members of boards, commissions, regulatory agencies, and other elected or appointed heads of departments, provided that the term 'head of department' as used in this section shall mean the executive head of a department who is directly responsible for formulating and executing policies and who is vested with discretion as to acts, being solely responsible for the administration of the department concerned. An employee performing purely functional or administrative duties shall not be classified as the head of a department; (3) Official court reporters in any Fulton County court of record; (4) All classes and positions now existing or that may hereafter be created and established as 'unclassified on range' in pay schedules and compensation plans; (5) All classes and positions now existing or that may hereafter be created and established as 'unclassified set rate' positions by the county manager or county commissioners; (6) All classes and positions now existing or that may hereafter be created and established as 'unclassified' under any federal or state-funded program; (7) Persons temporarily appointed or designated to make or conduct a special inquiry, investigation, examination, or special duties where such appointment or designation is approved by the county manager or board of commissioners; (8) Members of the legal department of Fulton County and secretaries assigned to such department but not to include any secretary presently serving in such department in the classified service; and (9) Individuals who perform services on a contract or fee basis. Public safety employees shall not be individuals in the unclassified service."

SECTION 3. Said Act is further amended by revising Section 7 as follows:

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"SECTION 7. Status of incumbents.

(a) All public safety employees shall be in the classified service as a condition of employment. (b) All employees in the classified service who have successfully completed their probationary period on the effective date of this Act prior to the enactment of this Act shall retain their current status with no loss of rights, privileges, and obligations only so long as they remain employed in a position which was a classified position on such date without a break in service. The enactment of this Act shall in no way change the salary, pay increment date, or any other benefit, emolument, or privilege to which an employee was entitled on the effective date of this Act."

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

"SECTION 9. Penalties and appeals.

(a) All unclassified employees shall be employees at will. An appointing authority may dismiss, demote, suspend, or otherwise discipline any Fulton County employee for any reason, other than for reasons otherwise prohibited by state or federal laws, or for no stated reason whatsoever. No employee shall be entitled to prior notice of, explanation of, or appeal from any such action. (b) Without limiting the scope of authority granted in subsection (a) of this section, it is the intent of the General Assembly that Fulton County shall treat all employees in accordance with the following principles:
(1) Assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to race, color, national origin, sex, age, sexual orientation, disability, religious creed, or political affiliations. This 'fair treatment' principle includes compliance with all state and federal equal employment opportunity and nondiscrimination laws; (2) Recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge, and skills, including open consideration of qualified applicants for initial employment; (3) Providing equitable and adequate compensation based on merit, performance, job value, and competitiveness within applicable labor markets; (4) Training employees, as needed, to assure high quality performance and to provide work force skills needed to maintain and advance the county's goals and objectives;

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(5) Retaining employees on the basis of the adequacy of their performance, correcting inadequate performance where possible and appropriate, and separating employees whose performance is inadequate; and (6) Assuring that employees are protected against coercion for partisan political purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or nomination for office. (c) Any classified employee shall retain the procedures and protections to which they were entitled immediately prior to the effective date of this Act, and such procedures are expressly retained in effect without reiteration."

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 2013 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to completely and exhaustively revise, supersede, consolidate, and replace all of the laws and amendments thereto pertaining to the Fulton County Personnel Board and the Fulton County Merit System of Personnel Administration," approved April 13, 1982 (Ga. L. 1982, p. 4896), as amended; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chuck Martin, who on oath deposes and says that he is the Representative from District 49 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on March 7, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CHUCK MARTIN Chuck Martin Representative, District 49

Sworn to and subscribed before me, this 11th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia

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My Commission Expires January 23, 2015 (SEAL)

Approved May 7, 2013.

__________

FULTON COUNTY SUPERIOR COURT; STATE COURT; MAGISTRATE COURT; AT-WILL EMPLOYEES.

No. 303 (House Bill No. 598).

AN ACT

To provide that Fulton County employees first or again employed on and after July 1, 2013, to serve the Superior Court of Fulton County, the Magistrate Court of Fulton County, or the State Court of Fulton County shall be employees at will; 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 provisions of that local amendment to the Constitution of Georgia found at 1939 Georgia Laws page 36, approved March 24, 1939, which was duly continued in effect at 1986 Georgia Laws page 4420, approved March 20, 1986.

SECTION 2. All county employees first or again employed by the governing authority of Fulton County on or after July 1, 2013, to serve the Superior Court of Fulton County pursuant to subsection (j) of Code Section 15-6-27 of the O.C.G.A., the Magistrate Court of Fulton County pursuant to Code Section 15-10-106 of the O.C.G.A., or the State Court of Fulton County shall not be subject to the county merit system of employment now in existence. All such employees shall be employees at will. Such employees who are covered by such merit system prior to July 1, 2013, shall continue to be covered by such merit system so long as they remain in the same position without a break in service.

SECTION 3. 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 2013 session of the General Assembly of Georgia a bill to provide that Fulton County employees first or again employed on and after July 1, 2013, to serve the Superior Court of Fulton County, the Magistrate Court of Fulton County, or the State Court of Fulton County shall be employees at will; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wendell Willard, who on oath deposes and says that he is the Representative from District 51 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 14, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ WENDELL WILLARD Wendell Willard Representative, District 51

Sworn to and subscribed before me, this 7th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 7, 2013.

__________

COBB COUNTY STATE COURT; JUDGES; COMPENSATION.

No. 304 (House Bill No. 603).

AN ACT

To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 12, 2008

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(Ga. L. 2008, p. 3699), so as to change the compensation of the judges of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3699), is amended by striking from Section 23 of Part 1 the following:
"The salary of the judges of Division 1 of the State Court of Cobb County shall be $156,954.00 per annum.", and inserting in lieu thereof the following: "The salary of the judges of Division 1 of the State Court of Cobb County shall be $161,662.00 per annum."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended; and for other purposes.
Representative Stacey Evans District 42
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Stacey Evans, who on oath deposes and says that she is the Representative from District 42 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on February 15, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

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s/ STACEY EVANS Stacey Evans Representative, District 42

Sworn to and subscribed before me, this 20th day of February 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 7, 2013.

__________

DEKALB COUNTY COMMUNITY IMPROVEMENT DISTRICTS; COMPOSITION; EXPANSION; DEBT; POWERS; DISSOLUTION; COOPERATION WITH CITY OF BROOKHAVEN.

No. 305 (House Bill No. 614).

AN ACT

To amend an Act entitled the "Unincorporated DeKalb County Community Improvement District Act of 1998," approved April 2, 1998 (Ga. L. 1998, p. 4228), as amended, particularly by an Act approved May 6, 2009 (Ga. L. 2009, p. 3549), so as to provide a definition for the governing authority of the City of Brookhaven; to provide for the composition of the district board upon the incorporation of some portion of the district; to provide for future expansion of the district; to provide for debt of the district; to provide for cooperation of the district with the City of Brookhaven; to provide for powers of the district board; to provide for the adoption of a dissolution resolution; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act entitled the "Unincorporated DeKalb County Community Improvement District Act of 1998," approved April 2, 1998 (Ga. L. 1998, p. 4228), as amended, particularly by an Act

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approved May 6, 2009 (Ga. L. 2009, p. 3549), is amended by adding a new paragraph to Section 3 to read as follows:
"(9.1) 'Governing authority of the City of Brookhaven' means the city council of Brookhaven and the mayor of Brookhaven as provided in an Act incorporating the City of Brookhaven in DeKalb County, approved April 16, 2012 (Ga. L. 2012, p. 5527)."

SECTION 2. Said Act is further amended by revising subsection (d) of Section 6 as follows:
"(d) Each property paying taxes, fees, or assessments levied by the board for any public facility as set forth in Section 2 of this Act shall receive a credit equal to the present value of all such taxes, fees, and assessments toward any impact fee as may be levied by DeKalb County, the City of Brookhaven, or the City of Dunwoody against said property for system improvements which are in the same category as said public facility in accordance with Chapter 71 of Title 36 of the O.C.G.A., the 'Georgia Development Impact Fee Act.'"

SECTION 3. Said Act is further amended by revising subsection (c) of Section 7 as follows:
"(c) The boundaries of the district may be increased after the initial creation of the district pursuant to the following:
(1) Written consent of a majority of the owners of real property within the area sought to be annexed and which will be subject to taxes, fees, and assessments levied by the board of the district is first obtained; (2) Written consent of owners of real property within the area sought to be annexed which constitutes at least 75 percent by value of the property which will be subject to taxes, fees, and assessments levied by the board, and, for this purpose, value shall be determined by the most recent approved county ad valorem tax digest; (3) The adoption of a resolution consenting to the annexation by the board of the district; and (4) The adoption of a resolution consenting to the annexation by the governing authority of DeKalb County if the territory proposed to be annexed is in unincorporated DeKalb County, by the governing authority of the City of Brookhaven if the territory proposed to be annexed is in the City of Brookhaven, or by the governing authority of the City of Dunwoody if the territory proposed to be annexed is in the City of Dunwoody."

SECTION 4. Said Act is further amended by revising Section 8 as follows:

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"SECTION 8. Debt.

The district may incur debt without regard to the requirements of Article IX, Section V of the Constitution of Georgia or any other provision of law prohibiting or restricting the borrowing of money or the creation of debt by political subdivisions of the State of Georgia, which debt shall be backed by the full faith, credit, and taxing power of the district but shall not be an obligation of the State of Georgia, DeKalb County, the City of Brookhaven, the City of Dunwoody, or any other unit of government of the State of Georgia other than the district."

SECTION 5. Said Act is further amended by revising Section 9 as follows:

"SECTION 9. Cooperation with local governments.

The services and facilities provided in the City of Brookhaven portion of the district pursuant to this Act shall be provided for in a cooperation agreement executed jointly by the board and the governing authority of the City of Brookhaven. The services and facilities provided in the City of Dunwoody portion of the district pursuant to this Act shall be provided for in a cooperation agreement executed jointly by the board and the governing authority of the City of Dunwoody. The services and facilities provided in the unincorporated portion of the district pursuant to this Act shall be provided for in a cooperation agreement executed jointly by the board and the governing authority of DeKalb County. The provisions of this section shall in no way limit the authority of DeKalb County, the City of Brookhaven, and the City of Dunwoody to provide services or facilities within the district, and DeKalb County, the City of Brookhaven, and the City of Dunwoody shall retain full and complete authority and control over any of their facilities located within the district. Said control shall include, but shall not be limited to, the modification of, access to, and degree and type of services provided through or by facilities of the county or city. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein."

SECTION 6. Said Act is further amended by revising paragraph (15) of Section 10 as follows:
"(15) To encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long-range plans or proposals for the district in cooperation with DeKalb County, the City of Brookhaven, and the City of Dunwoody."

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SECTION 7. Said Act is further amended by revising Section 14 as follows:

"SECTION 14. Dissolution.

(a) The district activated under the provisions of this Act may be dissolved. The conditions for such dissolution shall be:
(1) The adoption of a resolution approving of the dissolution of the community improvement district by the governing authority of DeKalb County, the governing authority of the City of Brookhaven, and the governing authority of the City of Dunwoody; and (2) The written consent to the dissolution of the community improvement district by:
(A) Two-thirds (67 percent) of the owners of real property within the district which are subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property constituting at least 75 percent by value of all real property within the district which are to be subject to taxes, fees, and assessments levied by the board, and, for this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in subparagraphs (A) and (B) of this paragraph shall be submitted to the DeKalb County Tax Commissioner, who shall certify whether such written consent has been satisfied with respect to the proposed district dissolution. (b) At the official caucus of electors at which board members are to be elected in the sixth year following creation of the district and every sixth year thereafter, the question shall be put to the electors present to dissolve the community improvement district. Upon an affirmative vote of a majority of the electors present and voting, who shall represent at least 75 percent of the votes cast on the basis of value of all real property within the district, the board shall send a ballot to each owner of real property within the district subject to taxes, fees, and assessments levied by the board for a vote on the dissolution. Upon receipt of ballots consenting to the dissolution from a majority of those real property owners, who shall represent at least 75 percent of the assessed value of said properties, the board shall request dissolution by the governing authority of DeKalb County, the governing authority of the City of Brookhaven, and the governing authority of the City of Dunwoody and shall forward said ballots to the DeKalb County Tax Commissioner for certification. (c) In the event that successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Following a successful dissolution action and until the dissolution becomes effective, no new projects may be undertaken, obligations or debts incurred, or property acquired. (d) Upon a successful dissolution action, all noncash assets of the district other than public facilities or land or easements to be used for such public facilities, as described in Section 2

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of this Act, shall be reduced to cash and, along with all other cash on hand, shall be applied to the repayment of any or all debt obligations of the district. Any cash remaining after all outstanding obligations are satisfied shall be refunded to each property owner in direct proportion to the total amount in taxes, fees, or assessments paid for the property relative to the total revenues paid by all properties in the district. (e) When a dissolution becomes effective, the governing authority of DeKalb County shall take title to all property previously in the ownership of the district and located in the unincorporated portion of the district, the governing authority of the City of Brookhaven shall take title to all property previously in the ownership of the district and located in the incorporated portion of the district located in the City of Brookhaven, and the governing authority of the City of Dunwoody shall take title to all property previously in the ownership of the district and located in the incorporated portion of the district located in the City of Dunwoody. All taxes, fees, and assessments of the district shall cease to be levied and collected. (f) The district may be reactivated in the same manner as an original activation."

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 2013 session of the General Assembly of Georgia a bill to amend an Act entitled the "Unincorporated DeKalb County Community Improvement District Act of 1998," approved April 2, 1998 (Ga. L. 1998, p. 4228), as amended, particularly by an Act approved May 6, 2009 (Ga. L. 2009, p. 3549), so as to provide a definition for the governing authority of the City of Brookhaven; to provide for the composition of the district board upon the incorporation of some portion of the district; to provide for future expansion of the district; to provide for debt of the district; to provide for cooperation of the district with the ++City of Brookhaven++; to provide for powers of the district board; to provide for the adoption of a dissolution resolution; to repeal conflicting laws; and for other purposes.
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 February 21, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

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s/ MIKE JACOBS Mike Jacobs Representative, District 80

Sworn to and subscribed before me, this 14th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 7, 2013.

__________

COBB JUDICIAL CIRCUIT JUDGES; COMPENSATION.

No. 306 (House Bill No. 638).

AN ACT

To amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3730), so as to provide for a supplement to be paid to each of the judges of the superior court of such circuit and an additional supplement for the chief judge of such circuit; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3730), is amended by revising subsections (a) and (b) of Section 4H as follows:
"(a) Each judge of the Superior Court of the Cobb Judicial Circuit shall receive an annual supplement of $60,472.33, payable in equal monthly installments from the funds of Cobb County. (b) In addition to the supplement provided for in subsection (a) of this section, the chief judge of the Superior Court of the Cobb Judicial Circuit shall receive $10,094.00 annually, payable in equal monthly installments from the funds of Cobb County."

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SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia legislation to change the compensation of the chairman and board of commissioners of Cobb County, the tax commissioner of Georgia and certain employees of the tax commission; the sheriff of Cobb County and certain employees of the sheriff; the judge of the Probate Court of Cobb County, the clerk of the Probate Court of Cobb County, the clerk and chief deputy clerk of the State Court of Cobb County, the solicitor of the State Court of Cobb County, the judges of the State Court of Cobb County, the clerk and chief deputy clerk of the Superior Court of Cobb County, and the judges of the Superior Court of Cobb County; 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, 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 22, 2013, 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 12th day of March, 2013.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

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Approved May 7, 2013.

__________

STONE MOUNTAIN JUDICIAL CIRCUIT JUDGES; COMPENSATION.

No. 307 (House Bill No. 639).

AN ACT

To amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga. L. 1974, p. 391), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4696), an Act approved April 15, 1992 (Ga. L. 1992, p. 6269), an Act approved March 27, 1995 (Ga. L. 1995, p. 3521), an Act approved April 2, 1998 (Ga. L. 1998, p. 4075), an Act approved May 6, 2005 (Ga. L. 2005, p. 3782), and an Act approved May 29, 2007 (Ga. L. 2007, p. 4132), so as to increase the amount of such supplement; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga. L. 1974, p. 391), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4696), an Act approved April 15, 1992 (Ga. L. 1992, p. 6269), an Act approved March 27, 1995 (Ga. L. 1995, p. 3521), an Act approved April 2, 1998 (Ga. L. 1998, p. 4075), an Act approved May 6, 2005 (Ga. L. 2005, p. 3782), and an Act approved May 29, 2007 (Ga. L. 2007, p. 4132), is amended in Section 1 by adding a new subsection to read as follows:
"(j) Beginning January 1, 2014, the salary supplement provided for by this section to the superior court judges of the Stone Mountain Judicial Circuit shall be increased in the amount of $9,000.00."

SECTION 2. This Act shall become effective on January 1, 2014.

SECTION 3. 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 2013 session of the General Assembly of Georgia a bill to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga. L. 1974, p. 391), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4132), so as to increase the amount of such supplement; and for other purposes.

Representative Billy Mitchell District 88

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Mitchell, who on oath deposes and says that he is the Representative from District 88 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on March 8, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BILLY MITCHELL Billy Mitchell Representative, District 88

Sworn to and subscribed before me, this 20th day of March 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 7, 2013.

__________

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CITY OF BROOKHAVEN TERMS OF MAYOR; FINANCE DIRECTOR; CHARTER COMMISSION.

No. 308 (House Bill No. 642).

AN ACT

To amend an Act to incorporate the City of Brookhaven in DeKalb County, approved April 16, 2012 (Ga. L. 2012, p. 5527), so as to clarify provisions regarding the terms of office of the mayor; to provide for a finance director; to provide for the duties of such finance director; to provide for a charter commission; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to incorporate the City of Brookhaven in DeKalb County, approved April 16, 2012 (Ga. L. 2012, p. 5527), is amended by revising subsection (d) of Section 2.02 as follows:
"(d) The number of consecutive terms an individual may hold the position of mayor shall be limited to two four-year terms and shall not include any partial term of office served as mayor."

SECTION 2. Said Act is further amended by revising Section 3.10 as follows:

"SECTION 3.10. Finance director.

The mayor may appoint a finance director subject to confirmation by the city council to perform the duties of an accountant. The finance director 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. Said Act is further amended by revising Section 6.05 as follows:

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"SECTION 6.05. Charter commission.

There shall be a charter commission which shall periodically review the provisions of the city's charter and the actual experience and operation of the city government and suggest and recommend to the mayor and council and to the General Assembly any changes to the charter. Such suggestions and recommendations shall be contained in a written report to the mayor and council and to the legislative delegation representing the city. Members of the charter commission shall begin the work of the charter commission on July 1, 2017, and every five years thereafter, and shall be appointed as follows: one member shall be appointed by the mayor, one member shall be appointed by the city council, and one member shall be appointed by each member of the Georgia House of Representatives or Senate whose district lies wholly or partially within the corporate boundaries of the city, except for a state representative or state senator whose district contains only a road or a portion of a road in the City of Brookhaven. All members of the charter commission must reside in the City of Brookhaven. Members shall be appointed not later than the first day of June of the year in which the charter commission shall undertake its review. At the first meeting of the charter commission, the members shall select from among their number a chairperson who shall preside over the meetings of the charter commission. The commission shall complete its review of the charter provisions and the actual operation of the city government and submit its written report not later than December 31 of the year in which the charter commission is formed. Upon the submission of the report, the charter commission shall be dissolved."

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 2013 session of the General Assembly of Georgia a bill to ++amend an Act to incorporate the City of Brookhaven ++ in DeKalb County, approved April 16, 2012 (Ga. L. 2012, p. 5527), so as to clarify provisions regarding the terms of office of the mayor; to provide for a finance director; to provide for the duties of such finance director; to provide for a charter commission; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Mike Jacobs District 80

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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 14, 2013, 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 20th day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 7, 2013.

__________

CITY OF EMERSON NEW CHARTER.

No. 320 (House Bill No. 247).

AN ACT

To provide a new charter for the City of Emerson; 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 effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.

The City of Emerson, in Bartow County, Georgia, is reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style Emerson, Georgia, and by that name shall have perpetual succession.

SECTION 1.11. Corporate boundaries.

(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Emerson, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

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SECTION 1.12. Powers and construction.

(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, fire safety, 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 Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property as granted to municipalities under the general laws of the State of Georgia, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are now or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city and to make and carry out all 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,

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the management of stormwater and the establishment of a stormwater utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property, which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the 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, to provide for the use of pretrial diversion and any alternative sentencing allowed by law, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter and the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city;

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(19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, stormwater management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, 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; (27) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate 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 Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads

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or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan and other employee benefit plans and programs for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads, and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, the manufacture and sale of intoxicating liquors; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; to license and tax professional fortunetelling, palmistry, and massage parlors; and to restrict adult bookstores to certain areas; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles;

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(40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.13. Exercise of powers.

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

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

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

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

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

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councilmember unless that person shall have been a resident of the city for twelve (12) months prior to the date of the election of the mayor or members of the city council. Each shall continue to reside therein during that person's period of service and to be registered and qualified to vote in municipal elections of this city.

SECTION 2.12. Vacancy; filling of vacancies; suspensions.

(a) Vacancies. The office of mayor or councilmember shall become vacant upon 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 if less than 24 months remain in the unexpired term, otherwise by an election as provided for in Section 5.14 of this charter and Titles 21 and 45 of the O.C.G.A, or such other laws as are or may hereafter be enacted. (c) Suspension. Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in this charter.

SECTION 2.13. Compensation and expenses.

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

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

(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest. No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that person's

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official duties or would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Title 50, Chapter 14 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which that person is engaged without proper legal authorization or use such information to advance the financial or other private interest of that person or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to that person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which that person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which that person has a financial interest. (c) Disclosure. Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that official shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) Use of public property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit or profit but shall use such property only in their capacity as an officer or employee of the city. (e) Contracts voidable and rescindable. Any violation of this section, which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (f) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that person was elected. No former councilmember and no former mayor shall hold any compensated appointive office in the city until one year after the expiration of the term for which that person was elected.

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(g) Political activities of certain officers and employees. No appointive officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon qualifying for or election to any public office in this city or any other public office which is inconsistent, incompatible or in conflict with the duties of the city employee. Such determination shall be made by the mayor and council either immediately upon election or at any time such conflict may arise. (h) Penalties for violation:
(1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the city who shall forfeit that person's office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.

SECTION 2.15. Inquiries and investigations.

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

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

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

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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. Oaths.

The oath of office shall be administered by the city clerk or other designee to the newly elected members as follows:
"I do solemnly swear 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." "I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of the City of Emerson 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 Emerson to the best of my ability without fear, favor, affection, reward, or expectation thereof."

SECTION 2.19. Regular and special meetings.

(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the

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meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call shall be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.

SECTION 2.20. Rules of procedure.

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

SECTION 2.21. Quorum; voting.

(a) Three members of the city council shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote, and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote, and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three members of the city council shall be required for the adoption of any ordinance, resolution, or motion. (b) No member of the city council shall abstain from voting on any matter properly brought before the council for official action except when such councilmember has a conflict of interest, which is disclosed in writing prior to or at the meeting and made a part of the minutes. Any member of the city council present and eligible to vote on a matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of interest shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved. (c) For purposes of establishing a quorum and voting, the mayor shall be deemed to be a member of the city council.

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SECTION 2.22. Ordinance form; procedures.

(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be, "It is hereby ordained by the governing authority of the City of Emerson ..." and every ordinance shall so begin. (b) An ordinance may be introduced by the mayor or any member of the city council and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, that an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.

SECTION 2.23. Action requiring an ordinance.

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

SECTION 2.24. Emergencies.

(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within thirty (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 (3) 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 thirty (30) days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.

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(b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.

SECTION 2.25. Codes of technical regulations.

(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:
(1) The requirements of subsection (b) of Section 2.22 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.

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

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

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distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

SECTION 2.27. City manager; appointment; qualifications; compensation.

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

SECTION 2.28. Removal of city manager.

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

SECTION 2.29. Acting city manager.

By letter filed with the city clerk, the city manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of city manager during the city manager's temporary absence or physical or mental disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or the city manager's disability shall cease.

SECTION 2.30. Powers and duties of the city manager.

The city manager shall be the chief administrative officer of the city. The city manager shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge by or under this charter. As the chief administrative officer, the city manager shall:
(1) Appoint and, when the city manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the city manager appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law;

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(3) Attend all city council meetings, unless otherwise excused therefrom, except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager, and have the right to take part in discussion, but the city manager may not vote; (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the mayor; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to the city manager's direction and supervision; (8) Keep the city council fully advised as to the financial condition and future needs of the city, and make such recommendations to the city council concerning the affairs of the city as the city manager deems desirable; and (9) Perform other such duties as are specified in this charter or as may be required by the city council.

SECTION 2.31. Council's interference with administration.

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

SECTION 2.32. Election of mayor; forfeiture; compensation.

The mayor shall be elected and shall serve for a term of four years and until the mayor's successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for twelve (12) months prior to the election. The mayor shall continue to reside in this city during the period of the mayor's service. The mayor shall forfeit the office of mayor on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner for councilmembers.

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SECTION 2.33. Mayor pro tempore.

By a majority vote, the councilmembers shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's physical or mental disability or absence. The mayor pro tempore shall continue to vote and otherwise participate as a councilmember. Any such disability or absence shall be declared by a majority vote of the councilmembers. The mayor pro tempore shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter.

SECTION 2.34. Powers and duties of mayor.

The mayor shall be the chief executive officer of the city. As the chief executive officer, the mayor shall:
(1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city, which by law are required to be in writing; (5) Vote on matters before the city council and be counted toward a quorum as any other councilmember; (6) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget; and (7) Fulfill such other executive duties as the city council shall by ordinance establish.

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

(a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties, and establish, abolish, alter, consolidate, or leave vacant all non-elective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.

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(c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance or resolution. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointed officers and directors under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the city council. All appointed officers and directors shall be employees at will and subject to removal or suspension at any time by the city manager unless otherwise provided by law or ordinance.

SECTION 3.11. Boards, commissions, and authorities.

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

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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.

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

SECTION 3.13. City clerk.

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

SECTION 3.14. Position classification and pay plans.

The city manager shall be responsible for the preparation of a position classification and pay plan, which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees.

SECTION 3.15. Personnel policies.

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

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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 City of Emerson.

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 twenty-one (21) years and shall be a member of the State Bar of Georgia and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that such judge will honestly and faithfully discharge the duties of the judge's office to the best of the judge's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal.

SECTION 4.12. Convening.

The municipal court shall be convened at regular intervals.

SECTION 4.13. Jurisdiction; powers.

(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed two hundred dollars ($200.00) or ten (10) days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of two thousand five hundred dollars ($2,500.00) or imprisonment for twelve (12) months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law.

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(d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before 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 defendants sureties with a rule nisi at least two (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.

SECTION 4.14. Certiorari.

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

SECTION 4.15. Rules for court.

With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and

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regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least forty-eight (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 Title 21, Chapter 2 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

SECTION 5.11. Election of the city council and mayor.

(a) There shall be a municipal general election biennially in odd-numbered years on the Tuesday next following the first Monday in November. (b) There shall be elected the mayor and two councilmembers at 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. Terms shall be for four years.

SECTION 5.12. Nonpartisan elections.

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

SECTION 5.13. Election by plurality.

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

SECTION 5.14. Special elections; vacancies.

In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, that if such vacancy occurs within twenty-four (24) 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

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the term. In all other respects, the special election shall be held and conducted in accordance with Title 21, Chapter 2 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

SECTION 5.15. Other provisions.

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

SECTION 5.16. Removal of officers.

(a) A councilmember, the mayor, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing, which shall be held not less than ten (10) days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Bartow County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Bartow County following a hearing on a complaint seeking such removal brought by any resident of the City of Emerson.

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

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interest on general obligations, and for any other public purpose as determined by the city council in its discretion.

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

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

SECTION 6.12. Occupation and business taxes.

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

SECTION 6.13. Licenses; permits; fees.

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

SECTION 6.14. Franchises.

(a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of thirty-five (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

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kept by the city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.

SECTION 6.15. Service charges.

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

SECTION 6.16. Special assessments.

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

SECTION 6.17. Construction; other taxes.

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

SECTION 6.18. Collection of delinquent taxes and fees.

The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fa.'s.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.

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SECTION 6.19. General obligation bonds.

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

SECTION 6.20. Revenue bonds.

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

SECTION 6.21. Short-term loans.

The city may obtain short-term loans and shall 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 shall be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.

SECTION 6.23. Fiscal year.

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

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SECTION 6.24. Budget ordinance.

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

SECTION 6.25. Operating budget.

On or before a date fixed by the city council but not later than fifteen (15) days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and other pertinent comments and information. The operating budget and the capital budget provided for in Section 6.29 of this charter, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

SECTION 6.26. Action by city council on budget.

(a) The councilmembers may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted shall provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the last day of each fiscal year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or

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

SECTION 6.27. Levy of taxes.

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

SECTION 6.28. Changes in appropriations.

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

SECTION 6.29. Capital budget.

(a) On or before the date fixed by the city council, but not later than fifteen (15) days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the last day of each fiscal year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.

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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 of this charter.

SECTION 6.32. Purchasing.

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

SECTION 6.33. Sale and lease of property.

(a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the 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 7.10. Bonds for officials.

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

SECTION 7.11. Existing ordinances, resolutions, rules, and regulations.

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 of this charter is accomplished.

SECTION 7.12. Pending matters.

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

SECTION 7.13. Construction and definitions.

(a) Section captions in this charter are informative only and are not 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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(d) Except as specifically provided otherwise by this charter, the term: (1) "City council" means the members of the city council and the mayor. (2) "Councilmember" means a member of the city council other than the mayor.

SECTION 7.14. 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 provide a new charter for the City of Emerson, approved March 24, 1988 (Ga. L. 1988, p. 4549), and all amendatory Acts thereto are hereby repealed.

SECTION 7.16. Effective date.

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

SECTION 7.17. General repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the 2013 regular session of the Georgia General Assembly a bill to provide a new charter for the City of Emerson; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 23rd day of January, 2013
/s/ City of Emerson

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GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Battles, who on oath deposes and says that he is the Representative from District 15 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Tribune News which is the official organ of Bartow County on January 31, 2013, 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 7th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 7, 2013.

__________

CITY OF EUHARLEE NEW CHARTER.

No. 321 (House Bill No. 334).

AN ACT

To provide a new charter for the City of Euharlee; 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 effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.

The City of Euharlee, in Bartow County, Georgia, is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name and style Euharlee, Georgia, and by that name shall have perpetual succession.

SECTION 1.11. Corporate boundaries.

(a) The boundaries of the city shall be those existing on the earliest effective date in 1870 of the adoption of the original charter with such alterations as may have been 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 the case may be: "Official Map (or Description) of the corporate limits of the City of Euharlee, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

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SECTION 1.12. Powers and construction.

(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. These powers shall include, but not be limited to, the following:
(1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades; (4) Business regulation and taxation. To levy and to provide for collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property as granted to municipalities under the general laws of the State of Georgia, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are now or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city and to make and carry out all 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,

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the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business in the city benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter and the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city;

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(19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, public grounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, other public utilities, public housing, airports, hospitals, terminals, docks, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are now or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia Public Service Commission;

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(30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those engaged in new construction to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of any intoxicating liquors, alcoholic beverages, and the use of firearms, subject to the limitations of the Constitutions of the United States and the State of Georgia and applicable laws of the State of Georgia; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law;

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(39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.13. Exercise of powers.

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

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

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

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

The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. The term of office of each member of the city council shall begin on the first day of January immediately following the election of such member unless general law authorizes or requires the term to begin at the first organizational meeting in January or upon some other date. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for 12 months prior to the date of the election of the mayor or members of the city council. Each shall continue to reside therein during that person's period of service and to be registered and qualified to vote in municipal elections of the city.

SECTION 2.12. Vacancy; filling of vacancies; suspensions.

(a) Vacancies. The office of mayor or councilmember shall become vacant upon such person's failing or ceasing to reside in the city or upon the occurrence of any event specified by the Constitution, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Filling of vacancies. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment if less than 12 months remain in the unexpired term, otherwise by an election as provided for in Section 5.14 of this charter and Titles 21 and 45 of the O.C.G.A. or such other laws as are or may hereafter be enacted. (c) Suspension. Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in this charter.

SECTION 2.13. Compensation and expenses.

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

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

(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest. No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which that person is engaged without proper legal authorization or use such information to advance the financial or other private interest of that person or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to that person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which that person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against 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 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 such government or any agency thereof during the term for which that person was elected. No former councilmember and no former mayor shall hold any compensated appointive office in the city until one year after the expiration of the term for which that person was elected. (g) Political activities of certain officers and employees. No appointed officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in 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 that person's office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.

SECTION 2.15. Inquiries and investigations.

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

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

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

SECTION 2.17. Organizational meetings; oaths.

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

SECTION 2.18. Meetings.

(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or two members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call shall be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.

SECTION 2.19. Rules of procedure.

(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping of a journal of its proceedings, which shall be a public record.

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(b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and city council and shall serve at the pleasure of the mayor and city council. The mayor and city council shall have the power to appoint new members to any committee at any time.

SECTION 2.20. Quorum; voting.

Three members of the city council shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote, and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote, and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three members of the city council shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall be counted as an affirmative vote. For purposes of establishing a quorum and voting, the mayor shall be deemed to be a member of the city council.

SECTION 2.21. Ordinance form; procedures.

(a) Every proposed ordinance 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 Euharlee ..." and every ordinance shall so begin. (b) An ordinance may be introduced by the mayor or any member of the city council and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, that an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.23 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.

SECTION 2.22. Action requiring an ordinance.

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

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SECTION 2.23. Emergencies.

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

SECTION 2.24. Codes of technical regulations.

(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 2.21 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.25 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.

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SECTION 2.25. Signing; authenticating; recording; codification; printing.

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

SECTION 2.26. City manager; appointment; qualifications; compensation.

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

SECTION 2.27. Reserved.

SECTION 2.28. Acting city manager.

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

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disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or the city manager's disability shall cease.

SECTION 2.29. Powers and duties of the city manager.

The position of city manager may or may not be deemed necessary by the city council for the administration of city affairs. If the city council elects to appoint a city manager, the duties of such city manager will be defined by the current city council. The city manager shall report directly to the members of the city council and shall operate solely at their discretion. The city manager shall:
(1) Attend all city council meetings, except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager, and have the right to take part in discussion, but the city manager may not vote; (2) 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; (3) Prepare and submit the annual operating budget and capital budget to the city council; (4) 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; (5) 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; (6) 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 (7) Perform other such duties as are specified in this charter or as may be required by the city council.

SECTION 2.30. Council's interference with administration.

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

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SECTION 2.31. Election of mayor; forfeiture; compensation.

The mayor shall be elected and shall serve for a term of four years and until the mayor's successor is elected and qualified. The mayor shall be a qualified elector of the city and shall have been a resident of the city for 12 months prior to the election. The mayor shall continue to reside in the city during the period of the mayor's service. The mayor shall forfeit the office of mayor on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.

SECTION 2.32. Mayor pro tempore.

By a majority vote, the councilmembers shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's physical or mental disability or absence. The mayor pro tempore shall continue to vote and otherwise participate as a councilmember. Any such disability or absence shall be declared by a majority vote of the councilmembers. The mayor pro tempore shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter.

SECTION 2.33. Powers and duties of mayor.

The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Vote on matters before the city council and be counted toward a quorum as any other councilmember; (6) Submit to the city council a recommended annual operating budget and recommended capital budget; and (7) Fulfill such other executive and administrative duties as the city council shall by ordinance establish.

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

(a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of the city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive performance evaluations annually and 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 directors shall be appointed by vote of the city council. All appointed officers and directors shall be employees at will and subject to removal or suspension at any time unless otherwise provided by law or ordinance.

SECTION 3.11. Boards, commissions, and authorities.

(a) The city council shall create by ordinance such boards, commissions, and authorities as the city council deems necessary to fulfill any investigative, quasi-judicial, or quasi-legislative function and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter for the original appointment, except as otherwise provided by this charter or by law.

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(f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating that person to perform faithfully and impartially the duties of that person's office, and such oath shall be prescribed by ordinance and administered by the mayor. (g) All members of boards, commissions, or authorities of the city serve at will and may be removed at any time by the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.

SECTION 3.12. City attorney.

The city council shall appoint a city attorney 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 councilmembers, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of such person's position as city attorney.

SECTION 3.13. City clerk.

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

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

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the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees.

SECTION 3.15. Personnel policies.

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

ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; Name.

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

SECTION 4.11. Chief judge; associate judge.

(a) The municipal court shall be presided over by a chief judge and such part time, full time, or standby judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years and shall be a member of the State Bar of Georgia and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that such judge will honestly and faithfully discharge the duties of the judge's office to the best of the judge's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.19 of this charter.

SECTION 4.12. Convening.

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

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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 $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $2,500.00 or imprisonment for 12 months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his or her 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 shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.

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SECTION 4.14. Certiorari.

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

SECTION 4.15. Rules for court.

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

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

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

SECTION 5.11. Regular elections; time for holding.

(a) There shall be a municipal general election biennially in odd-numbered years on the Tuesday next following the first Monday in November. (b) There shall be elected the mayor and two councilmembers at one election and at every other election thereafter. The remaining councilmember seats shall be filled at the election alternating with the first election so that a continuing body is created.

SECTION 5.12. Nonpartisan elections.

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

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SECTION 5.13. Election by majority vote.

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

SECTION 5.14. Special elections; vacancies.

In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those members remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, that if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

SECTION 5.15. Other provisions.

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

SECTION 5.16. Removal of officers.

(a) A councilmember, the mayor, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing by an ethics commission, composed of residents of the city of Euharlee and appointed by a hearing officer, the commission 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

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

ARTICLE VI FINANCE
SECTION 6.10. Property tax.

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

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

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

SECTION 6.12. Occupation and business taxes.

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

SECTION 6.13. Licenses; permits; fees.

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

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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, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of 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 outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.

SECTION 6.16. Special assessments.

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

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SECTION 6.17. Construction; other taxes.

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. Collection of delinquent taxes and fees.

The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.

SECTION 6.19. General obligation bonds.

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

SECTION 6.20. Revenue bonds.

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

SECTION 6.21. Short-term loans.

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

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SECTION 6.22. Lease-purchase contracts.

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

SECTION 6.23. Fiscal year.

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

SECTION 6.24. Budget ordinance.

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

SECTION 6.25. Operating budget.

On or before a date fixed by the city council but not later than 30 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and other pertinent comments and information. The operating budget and the capital budget provided for in Section 6.29 of this charter, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

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SECTION 6.26. Action by city council on budget.

(a) The councilmembers may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted shall provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the last day of each fiscal year. If the city council fails to adopt the budget by such date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.

SECTION 6.27. Levy of taxes.

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

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SECTION 6.29. Capital improvements.

(a) On or before the date fixed by the city council, but not later than 30 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.23 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the last day of each fiscal year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the city manager may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.

SECTION 6.30. Audits.

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

SECTION 6.31. Procurement and property management.

No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.19 of this charter.

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SECTION 6.32. Purchasing.

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

SECTION 6.33. Sale and lease of property.

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

ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.

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

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SECTION 7.11. Existing ordinances, resolutions, rules, and regulations.

All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the city council. The city council may readopt, repeal, or amend each so that a codification as provided by subsection (b) of Section 2.25 of this charter is accomplished.

SECTION 7.12. Pending matters.

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

SECTION 7.13. Construction and definitions.

(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. (d) Except as specifically provided otherwise by this charter, the term:
(1) "City council" means the members of the city council and the mayor. (2) "Councilmember" means a member of the city council other than the mayor.

SECTION 7.14. Specific repealer.

An Act to provide a new charter for the Town of Euharlee, Georgia, in the county of Bartow, approved April 7, 1976 (Ga. L. 1976, p. 4090), and all amendatory Acts thereto are hereby repealed.

SECTION 7.15. Effective date.

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

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SECTION 7.16. General repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the 2013 regular session of the Georgia General Assembly a bill to provide a new charter for the City of Euharlee; to provide for related matters; to repeal conflicting laws; and for other purposes.

This 23rd day of January, 2013

/s/ City of Euharlee

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Trey Kelly, 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 Daily Tribune News which is the official organ of Bartow County on January 31, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TREY KELLY Trey Kelly Representative, District 16

Sworn to and subscribed before me, this 12th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 7, 2013.

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GEORGIA LAWS 2013 SESSION

4503

FULTON COUNTY BOARD OF ELECTIONS AND REGISTRATION; MANNER OF APPOINTMENT.

No. 322 (House Bill No. 347).

AN ACT

To amend an Act to create a board of elections and registration for Fulton County, Georgia, approved March 30, 1989 (Ga. L. 1989, p. 4577), so as to revise the manner of appointment of the members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to create a board of elections and registration for Fulton County, Georgia, approved March 30, 1989 (Ga. L. 1989, p. 4577), is amended by revising Section 2 as follows:

"SECTION 2. The board shall be composed of five members, each of whom shall be an elector and resident of Fulton County, who shall be appointed in the following manner:
(1) Two members shall be appointed by the governing authority of Fulton County from nominations made 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; (2) Two members shall be appointed by the governing authority of Fulton County from nominations made by the chairperson of the county executive committee of the political party whose candidates at the election described in paragraph (1) of this section received the second largest number of such votes; and (3) One member shall be appointed by the governing authority of Fulton County from nominations made by the Fulton County legislative delegation in the General Assembly, which member shall be designated permanent chairperson of the board. The Fulton County legislative delegation shall be composed of all senators and representatives in the General Assembly whose districts are wholly or partially in Fulton County."

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

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to amend an Act to create a board of elections and registration for Fulton County, Georgia, approved March 30, 1989 (Ga. L. 1989, p. 4577), so as to revise the manner of appointment of the members of the board; 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, Lynne Riley, who on oath deposes and says that she is the Representative from District 50 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on February 8, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ LYNNE RILEY Lynne Riley Representative, District 50

Sworn to and subscribed before me, this 11th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 7, 2013.

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4505

FULTON COUNTY STATE COURT: BUDGET ADMINISTRATION.

No. 324 (House Bill No. 442).

AN ACT

To provide for the administration of the budget of the State Court of Fulton County; to provide that the court administrator shall have oversight of the budget; to provide that the court administrator, with the approval of the chief judge, is authorized to make changes to line item appropriations; to provide that any unexpended funds at the end of the fiscal year shall lapse to the general fund of Fulton County; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The court administrator of the State Court of Fulton County shall have oversight of the court's budget. After county funds have been appropriated for the operation of the court, the court administrator, with the approval of the chief judge, shall have the authority to make changes to line item appropriations.

SECTION 2. The Fulton County Finance Department shall make all payroll adjustments related to appointment, transfer, termination, or other personnel action requiring payroll adjustment upon written notification by the court administrator.

SECTION 3. Any unexpended county appropriated funds remaining with the court at the end of a fiscal year shall lapse to the general fund of Fulton County.

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

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

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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 2013 session of the General Assembly of Georgia a bill to provide for the administration of the budget of the State Court of Fulton County; to provide that the court administrator shall have oversight of the budget; to provide that the court administrator, with the approval of the chief judge, is authorized to make changes to line item appropriations; to provide that any unexpended funds at the end of the fiscal year shall lapse to the general fund of Fulton County; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wendell Willard, who on oath deposes and says that he is the Representative from District 51 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on February 8, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ WENDELL WILLARD Wendell Willard Representative, District 51

Sworn to and subscribed before me, this 12th day of February, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 7, 2013.

__________

GEORGIA LAWS 2013 SESSION

4507

CITY OF FOREST PARK CITY COUNCIL; NUMBER OF VOTES REQUIRED FOR CERTAIN ACTIONS.

No. 329 (House Bill No. 5).

AN ACT

To amend an Act incorporating the City of Forest Park in the County of Clayton, approved March 24, 1988 (Ga. L. 1988, p. 4409), as amended, particularly by an Act approved March 25, 1997 (Ga. L. 1997, p. 3545), so as to change the number of councilmember votes for calling a special meeting, transacting business, overriding a veto, transacting emergency business, removing the city manager, removing a director, removing a member of a board, or removing an officer; to remove a certain provision relating to at-large voting; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters, to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act incorporating the City of Forest Park in the County of Clayton, approved March 24, 1988 (Ga. L. 1988, p. 4409), as amended, particularly by an Act approved March 25, 1997 (Ga. L. 1997, p. 3545), is amended by revising subsection (b) of Section 2.20 as follows:
"(b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting."

SECTION 2. Said Act is further amended by revising Section 2.23 as follows:

"SECTION 2.23. Quorum; voting.

Three councilmembers, in addition to the presiding officer, 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

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. In any event, the affirmative vote of at least three councilmembers, including the vote of the presiding officer where necessary to break a tie vote, shall be required for the adoption of any ordinance, resolution, or motion."

SECTION 3. Said Act is further amended by revising subsection (b) of Section 2.32 as follows:
"(b) Within seven days after the passage thereof the mayor may veto any resolution or ordinance of the council regardless of whether the mayor was present at the time of its enactment. The veto shall be in writing, setting forth the reason for the veto, and shall be delivered to the city clerk, who shall notify each councilmember at his or her home address by hand delivery or by registered mail. Such notice shall contain the reason for the veto. No later than the second council meeting after the mayor's veto the council may override the mayor's veto of any measure or act by a vote of four or more of its members to be taken by 'yeas' and 'nays' and entered upon the minutes of the council."

SECTION 4. Said Act is further amended by revising Section 2.33 as follows:

"SECTION 2.33. Emergencies.

To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and 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 at least four affirmative votes shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances."

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SECTION 5. Said Act is further amended by revising Section 2.41 as follows:

"SECTION 2.41. Removal of city manager.

The city manager shall serve under the supervision of the city council. The city council may remove or suspend the city manager, which suspension shall be effective immediately; automatic termination shall follow in ten days, unless the city manager requests a hearing before the council. Said hearing, at the city manager's request, may be either public or private, and shall be held within ten days of the date of the request. All actions to be taken under this section, by the council, shall be by the action of three affirmative votes."

SECTION 6. Said Act is further amended by revising subsection (d) of Section 3.14 as follows:
"(d) All directors under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the city council. The city manager may suspend or remove directors under his supervision, which suspension shall be effective immediately; automatic termination shall follow in ten days, unless the director appeals the manager's action as provided in this section. Written notice of such action and the reasons therefor, together with notice of the right of appeal, shall be provided to the director at the time of such action and to the city council. The director involved may appeal to the city council which, after a hearing, may override the city manager's action by three affirmative votes."

SECTION 7. Said Act is further amended by revising subjection (g) of Section 3.15 as follows:
"(g) Any member of a board, commission, or authority may be removed from office for cause by three affirmative votes."

SECTION 8. Said Act is further amended by revising subsection (d) of Section 4.11 as follows:
"(d) Judges may be removed for cause by a vote of three members of the city council."

SECTION 9. Said Act is further amended by revising Section 5.12 as follows:

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"SECTION 5.12. Qualifications for council (residence in ward).

A person desiring to qualify for the office of mayor or councilmember shall specify in writing to the city clerk the office which he seeks, and, if qualifying for the office of councilmember, shall state whether for councilmember at large or for a designated ward. A councilmember who qualifies to represent a designated ward in the city shall at the time of qualifying and at all times while holding office reside in that ward."

SECTION 10. Said Act is further amended by revising subsection (b) of Section 5.16 as follows:
"(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished as follows: by the vote of four councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Clayton County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court."

SECTION 11. The governing authority of the City of Forest Park 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 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 2013 session of the General Assembly of Georgia legislation to amend an Act creating a new charter for the City of Forest Park, Georgia, approved March 24, 1988 (Ga. L. 1988, pp. 4409 et seq.), as previously amended, so as to amend all of the City Charter provisions governing how the Mayor and City Council transact the business of the City so as to make those City Charter provisions consistent with the 1997 amendment to the City Charter, Ga. Laws 1997, pp. 3545 et seq., which reduced the number of members of the City Council from seven (7) to five (5) council members; to also amend Section 5.12 of the City Charter to as to remove the inconsistency

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therein that purports to state that council members shall be ''elected at large'', since the 1997 amendment to the City Charter provides that council members in the City are now elected by ward; to repeal conflicting laws; to provide for an effective date; and for other purposes.

This 21st day of December, 2012.

John Parker, City Manager, City of Forest Park, Georgia.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Keisha Waites, who on oath deposes and says that she is the Representative from District 60 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the News Daily which is the official organ of Clayton County on December 21, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ KEISHA WAITES Keisha Waites Representative, District 60

Sworn to and subscribed before me, this 15th day of January 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 7, 2013.

__________

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

TAYLOR COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION.

No. 332 (House Bill No. 661).

AN ACT

To create a board of elections and registration for Taylor County and provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to provide for compensation of members of the board; to provide for offices and equipment; to provide for personnel, including a chief election official, and compensation; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal of this Act under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. As used in this Act, the term:
(1) "Board" means the Taylor County Board of Elections and Registration. (2) "Commissioners" means the Board of Commissioners of Taylor County. (3) "County" means Taylor County. (4) "Election," "elector," "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.

SECTION 2. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created, effective July 1, 2013, the Taylor County Board of Elections and Registration. The board shall have the powers and duties of the former Taylor County election superintendent relating to the conduct of primaries and elections and shall have the powers and duties of the Taylor County Board of Registrars relating to the registration of voters and absentee balloting procedures.

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SECTION 3. (a) The board shall be composed of three members, each of whom shall be an elector and a resident of Taylor County. All members of the board shall be appointed by the Board of Commissioners of Taylor County. The Taylor County Board of Elections and Registration shall select a chairperson, a county registrar, and an elections supervisor from among its members. Any board member may serve in multiple capacities concurrently. (b) The initial terms of office of two members shall expire June 30, 2015, and upon the appointment and qualification of their respective successors. The initial term of office of the remaining member of the board shall expire June 30, 2017, and upon the appointment and qualification of his or her successor.

SECTION 4. Each member of the board shall:
(1) Serve for a term of four years and until a successor is appointed and qualified, except that initial terms of office shall be as provided in subsection (b) of Section 3 of this Act; (2) Be eligible to be reappointed to succeed himself or herself and shall have the right to resign at any time by giving written notice of such resignation to the commissioners and to the clerk of the Superior Court of Taylor County; and (3) Be subject to removal from the board at any time for cause, after notice and hearing, by the chief judge of the Superior Court of Taylor County.

SECTION 5. (a) The appointment of each member shall be evidenced by the appointing authority filing an affidavit with the clerk of the Superior Court of Taylor County no later than 30 days preceding the date on which such member is to take office. Such affidavit shall state the name and residence address of the person appointed and certify that such member has been duly appointed as provided in this Act. The clerk of the Superior Court of Taylor County shall be notified of interim appointments and shall record and certify such appointments in the same manner as the regular appointment of members. (b) The clerk of the Superior Court of Taylor County shall record each such certification on the minutes of that superior court and shall certify the name of each member to the Secretary of State and provide for the issuance of appropriate commissions to the members as provided by law for county registrars.

SECTION 6. In the event a vacancy occurs in the office of any member before the expiration of a term by reason of removal, death, resignation, or otherwise, the appointing authority which is required under Section 3 of this Act to make the appointment to the office upon expiration of the term shall appoint a successor to serve for the remainder of the unexpired term in the manner set forth in Section 3 of this Act.

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SECTION 7. (a) The first members of the board under this Act shall be appointed as provided in this Act and take office on July 1, 2013. The board shall take no official action until all members have been certified to the clerk of the Superior Court of Taylor County. (b) Before entering upon the duties of office, each member shall take substantially the same oath as required by law for county registrars and shall have the same privileges from arrest.

SECTION 8. (a) The Taylor County Board of Elections and Registration shall be empowered with all the powers and duties relating to the conduct of primaries and elections as election superintendents pursuant to the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (b) The board 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 Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c) This Act is intended to implement the provisions of subsection (b) of Code Section 21-2-40 of the O.C.G.A. and shall be construed liberally so as to effectuate that purpose.

SECTION 9. (a) No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective office, and the position of any member of the board shall be deemed vacant upon such member qualifying as a candidate for elective public office. Further, no immediate family member or employee of an elected public official shall be eligible to serve as a member of the board during the elected official's term of office. (b) For the purposes of this section, immediate family members shall be defined as a spouse, mother, father, stepmother, stepfather, grandmother, grandfather, child, stepchild, brother, sister, stepbrother, stepsister, half brother, half sister, mother-in-law, father-in-law, brother-in-law, or sister-in-law.

SECTION 10. Any rule or regulation promulgated by a county executive committee of a political party under the provisions of subsection (c) of Code Section 21-2-111 of the O.C.G.A. with regard to the conduct of primaries shall be null and void if in conflict with a valid rule or regulation of the board.

SECTION 11. (a) Nothing in this Act shall be construed to require or prohibit joint primaries or to require or prohibit the commissioners or any other public agency to bear any expense of conducting primaries not otherwise required by law.

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(b) The board shall have the authority to serve as municipal registrar and to conduct municipal elections and primaries for any municipal corporation located within Taylor County if such municipal corporation has entered into a contract for that purpose with the Taylor County Board of Commissioners.

SECTION 12. With the approval of the commissioners, the board shall be authorized to expend public funds for the purpose of preparing and distributing material solely to inform and instruct electors of the county adequately with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support with respect to any political issue or matter of political concern.

SECTION 13. (a) The board shall be authorized and empowered to organize itself, may elect from among its membership a chairperson, shall determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such actions as are appropriate to the management of its affairs; provided, however, that no such action shall conflict with general law. (b) Action and decision by the board shall be by a majority vote of a quorum of the members of the board.

SECTION 14. (a) The board shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction. The board shall hold meetings at the county courthouse, at the place of meeting of the commissioners, or at the office of the board. These meetings shall be held quarterly in years in which there are no county-wide elections and monthly in years in which there are county-wide elections. Any specially called meetings held pursuant to the bylaws adopted by the board shall be held only after the notification of the time and place of the holding of such meeting has been communicated in writing to the chief election official to provide public notice of the meeting as required by law. All meetings of whatever kind of the board shall be conducted pursuant to Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings. (b) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A., relating to inspection of public records.

SECTION 15. (a) The chairperson of the board of elections and registration shall chair all meetings of the board and be the spokesperson for the board.

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(b) The members of the board shall receive compensation for their service as members of the board and shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. (c) All amounts payable under this section shall be paid from the funds of Taylor County.

SECTION 16. Subject to appropriation of funds by the commissioners, the board shall be authorized to expend public funds to provide for such proper and suitable administrative offices and for such clerical assistance and other employees as the board shall deem appropriate. Compensation for such administrative personnel shall be paid by the board under the county personnel system wholly from county funds. This section shall not be construed so as to require the board to expend any funds simply because they are authorized to do so under this Act.

SECTION 17. The board shall be responsible for the selection, appointment, and training of poll workers in elections.

SECTION 18. On July 1, 2013, the election superintendent of Taylor County and the Board of Registrars of Taylor County shall be relieved from all powers and duties to which the board of elections and registration succeeds by the provisions of this Act and shall deliver thereafter to the chairperson of the board, upon the chairperson's written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties.

SECTION 19. The Board of Commissioners of Taylor County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. If implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of July 1, 2013, this Act shall be void and stand repealed in its entirety.

SECTION 20. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 21. 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 2013 session of the General Assembly of Georgia a bill to create a board of elections and registration for Taylor County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Patty Bentley, who on oath deposes and says that she 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 Taylor County News which is the official organ of Taylor County on March 13, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ PATTY BENTLEY Patty Bentley Representative, District 139

Sworn to and subscribed before me, this 22nd day of March, 2013.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

Approved May 7, 2013.

__________

HOME RULE ORDINANCES
OF COUNTIES
AND CONSOLIDATED GOVERNMENTS

GEORGIA LAWS 2013 SESSION

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RABUN COUNTY - ALCOHOLIC BEVERAGE ORDINANCE; MANUFACTURE OF DISTILLED SPIRITS.

AN ORDINANCE TO AMEND THE RABUN COUNTY ALCOHOLIC BEVERAGE ORDINANCE TO PROVIDE FOR THE MANUFACTURE OF DISTILLED SPIRITS IN THE UNINCORPORATED AREAS OF RABUN COUNTY; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

WHEREAS, RABUN COUNTY, Georgia is authorized and empowered pursuant to O.C.G.A. 3-4-40, et. seq., to regulate the manufacture, distribution and package sales of distilled spirits within the unincorporated areas of said county; and,

WHEREAS, RABUN COUNTY previously enacted the RABUN COUNTY Alcoholic Beverages Ordinance, the same being codified at Chapter 4 of the Code of Rabun County, Georgia, and amended from time to time; and

WHEREAS, the manufacture and distribution of distilled spirits, particularly moonshine, is part of Rabun County's unique cultural heritage and Rabun County has determined that it is in the best interest of Rabun County to celebrate such history by permitting the manufacture of distilled spirits in the unincorporated areas of Rabun County; and

WHEREAS, the Rabun County Board of Commissioners called a referendum by placing the issue of manufacturing, distribution and package sales of distilled spirits on the ballot for the March 3, 2012 election; and

WHEREAS, more than fifty percent (50%) of the voters of Rabun County have voted to permit Rabun County to authorize the issuance of licenses for the manufacturing, distribution and package sales of distilled spirits.

NOW THERFORE, pursuant to the authority granted to Rabun County by its Charter and the authority referenced above, the Board of Commissioners of Rabun County hereby ordains as follows:

SECTION 4-28. MANUFACTURE OF DISTILLED SPIRITS

Section 4-28 of Chapter 4 of the Code of Rabun County, Georgia, which was previously reserved, is hereby repealed in its entirety and the new Section 4-28 set forth below is inserted. All other remaining sections of the Alcoholic Beverages Ordinance not specifically amended by this ordinance shall remain in full force and effect. Section 4-28 shall now read as follows:

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(a) The manufacture of distilled spirits within the unincorporated areas of Rabun County shall be allowed, as provided in this section and as permitted and regulated by State and Federal law.
(b) Rabun County shall issue annual license(s) for manufacturing distilled spirits to qualified applicants. The licensee must meet all requirements of this chapter, unless otherwise noted in this section, for the issuance of the license for the sale of alcoholic beverages.
(c) A licensee for the manufacture of distilled spirits shall be exempt from the food sale requirements provided for in this chapter.
(d) Before a license for the manufacture of distilled spirits may be issued, the property upon which the proposed distillery is to be located must lie in an area zoned as follows:
(1) A Commercial District zoned pursuant to Article IV of chapter 56 of the Rabun County Code of Ordinances;
(2) An Industrial District zoned pursuant to Article V of chapter 56 of the Rabun County Code of Ordinances; or
(3) An Agricultural District zoned pursuant to Article VI of chapter 56 of the Rabun County Code of Ordinances.
(e) A manufacturer or distiller issued a license pursuant to this chapter may provide educational and promotional tours.
(f) A manufacturer or distiller issued a license pursuant to this chapter which provides educational and promotional tours, may include free tastings on the premises by members of the public of tax-paid varieties of distilled spirits manufactured by such distiller.
(g) As used in this code section, the term: (1) 'Free tastings' means the provision of complementary samples of distilled spirits to the public for consumption on the premises of a distiller. (2) 'Sample' means one-half of 1 ounce of distilled spirits.
(h) No distiller conducting free tastings under this code section shall provide, directly or indirectly, more than one sample to a person in one calendar day. Free tastings shall be held in a designated tasting area on the premises of the distiller, and all opened bottles shall be visible at all times.

INCORPORATION AND REPEALING CLAUSE.

All portions of Chapter 4 of the Code of Rabun County, Georgia not expressly repealed are reaffirmed and incorporated herein it being the intent of Rabun County to reaffirm its Alcoholic Beverages Ordinance as amended by this ordinance. Any other ordinances or parts of ordinances in conflict with this Ordinance are hereby expressly repealed.

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EFFECTIVE DATE.

Except as otherwise provided to the contrary herein, this Ordinance shall become effective upon its approval after a second reading by the Board of Commissioners of Rabun County, Georgia.

PLACED ON FIRST READING AT THE REGULAR MEETING ON THE 24TH DAY OF APRIL, 2012.

PLACED ON FINAL HEARING AND ADOPTION ON THE 22nd DAY OF MAY, 2012.

RABUN COUNTY, by and through its Board of Commissioners

s/ STANLEY E. DARNELL L.S.

s/ TOM GARRISON

L.S.

Stanley E. Darnell, Chairman

Tom Garrison

s/ KATHERYN GRANBERG L.S.

s/ JIMMY LOUDERMILK L.S.

Katheryn Granberg

Jimmy Loudermilk

_________________________L.S. Will Nichols

This is to certify that the above Ordinance was adopted at a regular meeting of the Rabun County Board of Commissioners as provided by law.

This 22nd day of May, 2012.

s/ DEBBIE J. JACOBS Debbie Jacobs, County Clerk

AFFIDAVIT OF PUBLICATION

STATE OF GEORGIA COUNTY OF RABUN

Personally appeared before the undersigned, Michael Leonard, who having been duly sworn on oath that he is the Publisher of The Clayton Tribune, and that the legal advertisement for:

Rabun Co. Board of Commissioners - Notice of Co. Ordinance

was published in The Clayton Tribune on the following dates:

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May 03, 2012 May 10, 2012 May 17, 2012

s/ MICHAEL LEONARD Affiant

Sworn to and subscribed before me this 8th day of June, 2012

s/ ADELHEID COOK Notary Public RABUN COUNTY, GEORGIA [SEAL}

NOTICE OF COUNTY ORDINANCE

Notice is hereby given that the Rabun County Board of Commissioners shall consider at its regular monthly meeting to be held at 8:00 p.m. on Tuesday, May 22, 2012, 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 AMENDING CHAPTER 4 OF THE RABUN COUNTY CODE TITLED "ALCOHOLIC BEVERAGES" PROVIDING FOR THE LICENSING FOR THE MANUFACTURE OF DISTILLED SPIRITS. At said meeting, the Board of Commissioners will discuss, consider and receive public input concerning the proposed Ordinance amendment. A copy of said Ordinance amendment is on file for public inspection at the Office of the Clerk of Rabun County Superior Court for the purpose of examination and inspection by the public and also at the Office of the Clerk of Rabun County Commissioners, Rabun County Courthouse, Clayton, Georgia.

Filed in the Office of the Secretary of State June 26, 2012. __________

RABUN COUNTY PUBLIC ACCOMMODATIONS ORDINANCE.

The Rabun County, Georgia Public Accommodations Ordinance found in Article IV of Chapter 12 of the Rabun County Code is hereby amended to read as follows:

Sec. 12-160. - Registration fee.

Sec. 12-161. - Location restrictions.

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Sec. 12-162. - Tax levied.

Sec. 12-163. - Exception to tax levy.

Sec. 12-164. - Due date and required reports.

Sec. 12-165. - Extension of time for filing return.

Sec. 12-166. - Collection of tax.

Sec. 12-167. - Delinquent returns or payment; fraudulent returns; penalties.

Sec. 12-168. - Estimated taxes upon failure to file return or filing of fraudulent return.

Sec. 12-169. - Records retention required.

Sec. 12-170. - False information prohibited.

Sec. 12-171. - Enforcement.

Sec. 12-172. - Exempt establishments.

Secs. 12-173 - 12-197. - Reserved.

Sec. 12-160. - Registration fee.

There is hereby set and levied for the calendar year 2001 and for each successive calendar year thereafter, upon any person or legal entity, operating a public accommodation facility, such as a hotel, motel, inn, lodge, tourist camp, bed and breakfast, tourist cabin, campground or any other place in which rooms, lodging or accommodations are regularly furnished for rental or use value for periods of time of ninety-five (95) days or less, registration and administrative fees in the amount provided in the county fee schedule for each separate public accommodations facility operated and maintained within the county.

For purposes of this section, single-family rental homes which are rented for periods of time of ninety-five (95) days or less and are not being rented as a primary residence by a full-time Rabun County resident are considered a separate public accommodation subject to the provisions of this section.

(Ord. of 6-1-1987, 1(a) Ord. of 9-25-2001(1))

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Sec. 12-161. - Location restrictions.

No registration shall be issued to any public accommodation unless the land on which the accommodation is located is properly zoned for the business operated according to county zoning regulations. However, single-family rental homes which are periodically rented for periods of time of ninety-five (95) days or less and are not being rented as a primary residence by a full-time Rabun County resident may be located in any residential zoning district.

(Ord. of 6-1-1987, 1(c))

Sec. 12-162. - Tax levied.

In addition to registration fees established in this division, there is hereby set and levied for the remainder of calendar year 1987 beginning June 1, 1987, and for each successive calendar year thereafter, upon any person or legal entity operating a public accommodations facility, such as a hotel, motel, inn, lodge, tourist camp, tourist cabin, bed and breakfast, campground or any other place in which rooms, lodgings, or accommodations are regularly furnished for rental or use value for periods of time of ninety-five (95) days or less, an excise tax equal to five percent of the charge to the public for said accommodations or furnishings, exclusive of the state use and sales taxes.

(Ord. of 6-1-1987, 2(a)) State law reference Authority for levy by county to levy excise tax on rooms, lodgings, and accommodations, O.C.G.A. 48-13-51.

Sec. 12-163. - Exception to tax levy.

No tax shall be levied hereby upon the charges for any rooms, lodgings or accommodations furnished to the same person for periods of time greater than ninety-five (95) days, nor for the cost of use of meeting rooms, or other facilities other than lodging rooms.

(Ord. of 6-1-1987, 2(a); Ord. of 9-24-1998; Ord. of 9-22-1998)

Sec. 12-164. - Due date and required reports.

Each person or legal entity liable for the tax provided herein shall, on or before the 20th day of each month, transmit returns and pay the appropriate tax to the county or its designated agent showing the gross rental charges from all rentals subject to this tax during the preceding calendar month. The county, upon application, may permit a return to be filed

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on a quarterly or semi-annually basis if found advisable by the county. The returns required by this section shall be made upon forms prescribed, prepared, and furnished by the county.

(Ord. of 6-1-1987, 3(a))

Sec. 12-165. - Extension of time for filing return.

The county for good cause may extend the time for making any returns under provisions of this article for not more than 60 days.

(Ord. of 6-1-1987, 3(c))

Sec. 12-166. - Collection of tax.

Persons and legal entities operating public accommodations facilities subject to this division are hereby authorized to collect the tax provided for herein on behalf of the county and transmit the same to the county. Such persons or legal entities collecting the said tax shall be allowed a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting and paying the amount due, if and provided said amount is not delinquent at time of payment. The rate of the deduction shall be the same rate authorized for deductions from state tax pursuant to O.C.G.A. 48-8-50.

(Ord. of 6-1-1987, 4)

Sec. 12-167. - Delinquent returns or payment; fraudulent returns; penalties.

(a) When any person or legal entity subject to this tax fails to make any return or pay the full amount of the tax required by this division, there shall be imposed, in addition to other penalties provided by law, a specific penalty to be added to the tax in the amount of five percent or $5.00, whichever is greater, if the failure is for not more than 30 days, and an additional five percent or $5.00, whichever is greater, for each additional 30 days or fraction of 30 days during which the failure continues.
(b) The penalty for any single violation shall not exceed 25 percent or $25.00 in the aggregate, whichever is greater.
(c) If the failure is due to providential cause shown to the satisfaction of the county in affidavit form attached to the return and remittance is made within ten days of the due date, the return may be accepted exclusive of penalties and interest.
(d) In the case of a false or fraudulent return or the failure to file a return, where willful intent exists to defraud the county of any tax due under this division, a specific penalty of 50 percent of the tax due shall be assessed in addition to the tax and other lawful penalties.

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(Ord of 6-1-1987, 3(b))

Sec. 12-168. - Estimated taxes upon failure to file return or filing of fraudulent return.

In the event any person or legal entity subject to this tax fails to make a report and pay the tax as provided by this article or makes a grossly incorrect report or a report that is false or fraudulent, the county shall make an estimate for the taxable period of charges for use of accommodations subject to this article. Based upon this estimate, the county shall assess and collect tax, interest, and penalty, as accrued, on the basis of the assessments. The county's assessment shall be considered prima facie correct and the burden to show the contrary shall rest upon the person or legal entity subject to the tax.

(Ord. of 6-1-1987, 3(d))

Sec. 12-169. - Records retention required.

(a) Each person or legal entity subject to the tax levied in section 12-162 shall keep and preserve for at least three years:
(1) Suitable records of the charges for accommodations taxable under this article. (2) Other books of account which are necessary to determine the amount of tax due. (3) All invoices and other records of charges subject to this article. (4) Other information as required by the county. (b) All books, invoices, and other records required to be kept by this section shall be open
to examination at all reasonable hours to the county or any of its duly authorized agents.

(Ord. of 6-1-1987, 3(e))

Sec. 12-170. - False information prohibited.

It is a violation of this article for any person, or agent thereof knowingly to give false or incomplete information on any report herein required to be filed.

(Ord. of 6-1-1987, 5)

Sec. 12-171. - Enforcement.

(a) Unless another penalty is expressly provided by law, any person, who shall conduct business within the county limits without having obtained a registration therefor as required by this article, or who shall violate any other provision of this article, shall, upon conviction therefor, by punished by a fine of not more than $1,000.00 or by imprisonment of not more than 30 days or both such fine and imprisonment.

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(b) The tax levied by this division may be enforced by execution in the same manner as other taxes of the county and state.

(Ord. of 6-1-1987, 6)

Sec. 12-172. - Exempt establishments.

No tax shall be levied or collected by the county from any establishment located in any portion of the county in which a similar tax is being levied and collected by a municipality. If any establishment is exempted under this section upon the effective date of the ordinance from which this article is derived, and any such municipality shall subsequently repeal or stop levying and collecting the municipal tax, then this article will be of full force and effect within that municipality and the exemption shall not be applicable.

(Ord. of 6-1-1987, 9)

Secs. 12-17312-197. - Reserved.

FOOTNOTE(S):

State Law reference- excise tax on rooms, lodgings, and accommodations, O.C.G.A. 48-13-1 et seq. (Back)

PLACED ON FIRST READING AT THE REGULAR MEETING ON THE 27th DAY OF MARCH, 2012.

PLACED ON FINAL HEARING AND ADOPTION ON THE 22nd DAY OF MAY, 2012.

Any ordinance in conflict with said ordinance amendment is specifically repealed. This ordinance shall become effective ten immediately after its adoption, after the second reading by the County.

RABUN COUNTY, by and through its Board of Commissioners

s/ STANLEY E. DARNELL L.S. s/ TOM GARRISON L.S.

Stanley E. Darnell, Chairman

Tom Garrison

s/ KATHERYN GRANBERG L.S.

L.S.

Katheryn Granberg

Jimmy Loudermilk

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L.S. Will Nichols

This is to certify that the above Ordinance was adopted at a regular meeting of the Rabun County Board of Commissioners as provided by law.

This 22nd day of May, 2012.

s/ DEBBIE JACOBS Debbie Jacobs, County Clerk

AFFIDAVIT OF PUBLICATION

STATE OF GEORGIA COUNTY OF RABUN

Personally appeared before the undersigned, Michael Leonard, who having been duly sworn on oath that he is the Publisher of The Clayton Tribune, and that the legal advertisement for:

Rabun Co. Board of Commissioners - Notice of Co. Ordinance

was published in The Clayton Tribune on the following dates:

April 05, 2012 April 12, 2012 April 19, 2012

s/ MICHAEL LEONARD Affiant

Sworn to and subscribed before me this 8th day of June, 2012

s/ ADELHEID COOK Notary Public RABUN COUNTY, GEORGIA (SEAL)

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NOTICE OF COUNTY ORDINANCE

Notice is hereby given that the Rabun County Board of Commissioners shall consider at it's regular monthly meeting to be held at 6:00 p.m. on Tuesday, April 24, 2012, 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 AMENDING CHAPTER 12 OF THE RABUN COUNTY CODE TITLED "BUSINESS REGULATIONS AND LICENSING" PROVIDING FOR AN EXCISE TAX ON SHORT-TERM RENTALS FOR SINGLE-FAMILY DWELLINGS AND FOR OTHER PURPOSES. At said meeting, the Board of Commissioners will discuss, consider and receive public input concerning the proposed Ordinance amendment. A copy of said Ordinance amendment is on file for public inspection at the Office of the Clerk of Rabun County Superior Court for the purpose of examination and inspection by the public and also at the Office of the Clerk of Rabun County Commissioners, Rabun County Courthouse, Clayton, Georgia.

Filed in the Office of the Secretary of State June 26, 2012. _________

RABUN COUNTY ALCOHOLIC BEVERAGES ORDINANCE; HOURS OF OPERATION.

The Rabun County, Georgia Alcoholic Beverage Ordinance is hereby amended by re-writing Section 4-20 of Chapter 4 which shall henceforth read as follows:

Sec. 4-20. - Hours and days of operation.

(a) Permitted hours. All places of business holding a license for the sale of beer, wine and/or distilled spirits for consumption on the premises shall be closed from 12:00 midnight each night until 7:00 a.m. the following day, and shall further be closed from 12:00 midnight on each Saturday night until 7:00 a.m. the following Monday.

(b) Prohibited hours. The hours from 12:00 midnight of each night until 7:00 a.m. the following day and from 12:00 midnight each Saturday night until 7:00 p.m. the following Monday shall be prohibited hours of operation. All the businesses shall be completely empty as to customers at 12:00 midnight and no person shall remain in the business after 12:00 midnight except regular employees of the business who shall remain therein solely for the purpose of closing the business for the day and the cleaning and other work as is reasonably necessary.

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(c) Employee identification. All employees remaining in the premises after 12:00 midnight shall wear name tags, uniforms, or other easily recognizable identification as employees to aid in the policing of the premises.

(d) Exception for certain restaurants. Notwithstanding anything in this chapter to the contrary, any restaurant which holds a license for consumption of beer, wine and/or distilled spirits on the premises may be open during the described prohibited hours of subsection (b) of this section on Sunday so long as no alcoholic beverages are being served, sold or consumed on the premises during the prohibited hours, and so long as the restaurant's annual inventory expense for alcohol (beer and wine) is less than 40 percent of its total yearly inventory expense, that is to say at least 60 percent of the restaurant's total yearly inventory expense must be for food or other nonalcoholic items.

(e) Sunday alcohol sales. The sale of alcoholic beverages for consumption on the premises is authorized on Sundays from 12:30 p.m. until 12:00 midnight in any licensed establishment which derives at least 50 percent of its total annual gross sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging.

(Ord. of 12-23-2002, 8, 9; Ord. of 4-22-2003)

State law reference- Sale of alcoholic beverages on Sundays, election days, and Christmas Day generally, O.C.G.A. 3-3-20; local regulation of Sunday sales, O.C.G.A. 3-3-7.

PLACED ON FIRST READING AT THE REGULAR MEETING ON THE 27TH DAY OF MARCH, 2012.

PLACED ON FINAL HEARING AND ADOPTION ON THE 24TH DAY OF APRIL, 2012.

Any ordinance in conflict with said ordinance amendment is specifically repealed. This ordinance shall become effective ten immediately after its adoption, after the second reading by the County.

RABUN COUNTY, by and through its Board of Commissioners

s/ STANLEY "BUTCH" DARNELL L.S. Stanley E. Darnell, Chairman

s/ TOM GARRISON

L.S.

Tom Garrison

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______________________________ L.S. Katheryn Granberg

s/ JIMMY LOUDERMILK L.S. Jimmy Loudermilk

s/ WILL NICHOLS

L.S.

Will Nichols

This is to certify that the above Ordinance was adopted at a regular meeting of the Rabun County Board of Commissioners as provided by law.

This 24th day of April, 2012.

s/ DEBBIE JACOBS Debbie Jacobs, County Clerk

AFFIDAVIT OF PUBLICATION

STATE OF GEORGIA COUNTY OF RABUN

Personally appeared before the undersigned, Michael Leonard, who having been duly sworn on oath that he is the Publisher of The Clayton Tribune, and that the legal advertisement for:

Rabun Co. Board of Commissioners - Notice of Co. Ordinance

was published in The Clayton Tribune on the following dates:

April 05, 2012 April 12, 2012 April 19, 2012

s/ MICHAEL LEONARD Affiant

Sworn to and subscribed before me this 8th day of June, 2012

s/ ADELHEID COOK Notary Public RABUN COUNTY, GEORGIA

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(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, April 24, 2012, 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 AMENDING CHAPTER 4 OF THE RABUN COUNTY CODE TITLED "ALCOHOLIC BEVERAGES" PROVIDING FOR THE HOURS OF OPERATION FOR THE SALE OF ALCOHOLIC BEVERAGES INCLUDING BEER, WINE AND DISTILLED SPIRITS FOR CONSUMPTION ON THE PREMISES. At said meeting, the Board of Commissioners will discuss, consider and receive public input concerning the proposed Ordinance amendment. A copy of said Ordinance amendment is on file for public inspection at the Office of the Clerk of Rabun County Superior Court for the purpose of examination and inspection by the public and also at the Office of the Clerk of Rabun County Commissioners, Rabun County Courthouse, Clayton, Georgia.

Filed in the Office of the Secretary of State June 26, 2012. __________

RABUN COUNTY ZONING ORDINANCE.

RABUN COUNTY ZONING ORDINANCE

ARTICLE I

Sec. 38-1. - Title. Sec. 38-2. - Purpose and scope. Sec. 38-3. - By enacting this Ordinance, the County intends: Sec. 38-4. - Statement of findings. Sec. 38-5. - Definitions. Sec. 38-6. - Penalties. Sec. 38-7. - Intent. Sec. 38-8. - Jurisdiction and applicability. Sec. 38-9. - Compliance with this chapter and other laws required. Sec. 38-10. - Conflicting provisions. Sec. 38-11. - 38-20. - Reserved.

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Sec. 38-1. - Title.

This Ordinance shall be known and may be cited as the "Sign Ordinance of Rabun County, Georgia."

Sec. 38-2. - Purpose and scope.

The Board of Commissioners of Rabun County, Georgia, finds that adoption of sign regulations serves the following purposes:
(1) The public health, safety and general welfare of the County is enhanced by ensuring the prohibition and removal of dangerous and unsafe signs.
(2) Pedestrian and motorist safety is promoted by reducing and limiting the number and area of signs, which can unduly distract motorists and pedestrians, create traffic hazards, confuse motorists when such signs are similar to traffic signs, and reduce the effectiveness of signs needed to direct the public.
(3) This Ordinance is intended to promote attractive signs which clearly present the visual message in a manner that is compatible with its surroundings. The appearance, character and quality of the County are affected by the location, size, construction and graphic design of its signs.
(4) The economic well-being of Rabun County, Georgia, is enhanced by allowing individual businesses to identify themselves and the goods and services offered in a clear and distinctive manner, by creating a more attractive district to tourists, and by preserving and improving the appearance of the County, thereby assuring that signs are properly integrated with and harmonious to the buildings and sites in the County.
(5) The purpose of the County's regulation of mobile signs and billboards is to promote the safe movement of vehicular traffic, to reduce vehicular traffic, to reduce air pollution, and to improve the aesthetic appearance of the County.

Sec. 38-3. - By enacting this Ordinance, the County intends:

(a) To balance the rights of individuals, businesses, and government to convey their messages through signs and the right of the public to be protected against the unrestricted proliferation of signs;
(b) To afford the business community equal and fair opportunity to advertise and promote its products and services without discrimination;
(c) To preserve and promote the public health, safety, and welfare of the citizens of Rabun County, Georgia;
(d) To improve traffic and pedestrian safety; (e) To maintain and enhance the visual environment and preserve the right of citizens and
visitors to enjoy the County's scenic beauty;

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(f) To protect property values of nearby public and private property by minimizing possible adverse effects and visual blight caused by signs;
(g) To avoid the harmful aspects of the unrestricted proliferation of signs; (h) To promote economic development; (i) To enable the fair and consistent enforcement of sign regulations; and (j) To promote the purposes stated in this Article by regulating signs based on objective
standards, including, but not limited to, height and size, and without regard to the content of the sign message.

Sec. 38-4. - Statement of findings.

The County finds that signs provide an important medium through which individuals, businesses, and government may convey a variety of messages. Left unregulated, however, signs can become a threat to the public health and safety as a traffic hazard and a detriment to property values and the overall economic growth of the County as an aesthetic nuisance. (See, e.g. Scenic America, Billboards & Sign Control available at http://www.scenic.org; Jerry Weitz, PhD. AICP. The Public Purpose of Roswell's Sign Ordinance and the Implications of Doing Without It: A Position Paper (December 7, 1999), available at http://roswellgov.com; Street Graphics and the Law, 2004 Revised Edition, Daniel Mendelker, Andrew Bertucci, and William Ewald.)

Having considered the following studies, which the Board of Commissioners finds to be relevant, useful and applicable to Rabun County, Georgia, the Board of Commissioners finds that the size, location and quantity of sign structures within the County must be regulated in order to achieve the above-stated intents and purposes: University of Georgia Land Use Clinic (2003, June 26). Sign Control on Rural Corridors: Model Provisions and Guidance; Wisconsin Department of Transportation (1994, December). Milwaukee County Stadium Variable Message Sign Study: Impacts of an Advertising Variable Message Sign on Freeway Traffic; Scenic America (2007). Billboards in the Digital Age: Unsafe (and Unsightly) at Any Speed. Scenic America Issue Alert; Nasar, Jack L. and Hong, Xiaodong (1999, September). Visual Preferences in Urban Signscapes. Journal of Environment and Behavior, 31(5), 671-691; Office of Safety Research and Development, Federal Highway Administration (2001, September 11). Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction. U.S. Department of Transportation; New York State Department of State, Division of Local Government Services (2006, January). Municipal Control of Signs. James A. Coon Local Government Technical Series; Weinstein, Alan C. A Study of Local Regulation of Outdoor Advertising in 268 U.S. Jurisdictions. Outdoor Advertising Association of America, Inc.; City Club of Portland (1996, September 6). Billboard Regulation in Portland. City Club of Portland Bulletin, 78(13), 1-40; Smily, Alison and Persaud, Bhagwant, et al. (2005). Traffic Safety

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Evaluations of Video Advertising Signs. Transportation Research Record: Journal of the Transportation Research Board, No. 1937, 105-112.

In adopting these sign regulations, the Board of Commissioners especially recognizes the vast number of court decisions, coming from Georgia courts, the federal courts, and courts throughout the United States, which recognize that the regulation of the size, location and quantity of sign structures is a valid and lawful means of achieving the above-stated intents and purposes, and that such intents and purposes are valid and lawful governmental interests, which include the following: Granite State Outdoor Advertising, Inc. v. Cobb County, Ga., 193 Fed.Appx. 900 (C.A.11th 2006)(finding that the stated goals within a sign ordinance of protecting against traffic hazards and the adverse impact on the county's aesthetic qualities are substantial government interests); Gregory v. Clive, 2007 WL 2914515 (Ga. S.Ct. 2007)(recognizing as within a local government's police power to enact legislation governing billboards and signs, as such legislation clearly addresses the public health, safety, or general welfare of the community); H & H Operations, Inc. v. City of Peachtree City, Ga., 248 Ga. 500 (1981)(holding that, under its police power, a municipality can enact and enforce reasonable regulations governing the erection and maintenance of signs within its jurisdiction); Harnish v. Manatee County, Florida, 783 F.2d 1535 (C.A. 11th 1986)(finding that aesthetics is a substantial governmental goal which is entitled to and should be accorded weighty respect, and that the governmental entity charged with the responsibility of protecting the environment must be given discretion in determining how much protection is necessary and the best method of achieving that protection); Lamar Advertising Company v. City of Douglasville, Ga., 254 F.Supp.2d 1321 (N.D.Ga. 2003)(finding that where a sign ordinance asserts the goals of public safety, traffic safety, health, welfare and aesthetics, a municipality has shown an important or substantial governmental interest unrelated to the suppression of free speech); Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981)(holding that the goals of traffic safety and aesthetics advanced by a municipality as justification for regulating signs is a substantial governmental interest); St. Louis Poster Advertising Co. v. City of St. Louis, 249 U.S. 269 (1919)(finding that billboards may be prohibited in the residential districts of a city in the interest of the safety, morality, health and decency of the community); Members of the City Council of the City of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789 (1984)(finding that a government entity can regulate signs and billboards when necessary to advance a significant and legitimate state interest, such as the protection of the aesthetics and quality of life within its jurisdiction); City of Doraville v. Turner Communications, Corp., 236 Ga. 385 (1976)(finding that under its police power authority, a municipality can regulate the location and maintenance of outdoor advertising signs within their territorial jurisdiction); Spratlin Outdoor Media, Inc. v. City of Douglasville, 2006 WL 826077 (N.D.Ga. 2006) (upholding sign ordinance where the ordinance's height and setback restrictions were rationally related to its stated goals of promoting the health, safety, morality and general welfare of the community, promoting the orderly and beneficial development of the city, promoting adequate access to natural light

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and air, improving the aesthetic appearance of the city, and encouraging the most appropriate use of land and buildings in accordance with the city's comprehensive plan). (a) Based on the cited materials and the studies referenced herein, the Board of
Commissioners finds that unregulated signs: (1) Can be a safety hazard to drivers and pedestrians; (2) Can create unsafe, cluttered and aesthetically blighted thoroughfares throughout the
County; (3) Can hamper economic growth; (4) Can lower property values; (5) Can adversely impact public investments; (6) Can degrade the utility of public safety signs; and (7) Can adversely impact the aesthetic quality of the community and surrounding
environment. (b) As the regulations of the placement, construction, and maintenance of buildings and
structures through zoning is a valid use of the police power, so too is the regulation of the placement, installation, and maintenance of signs, since such signs in the literal sense must ordinarily be considered structures, and in a practical sense are capable of producing many of the same nuisances as are produced by buildings. (c) The regulation of the placement, installation, and maintenance of signs is further justified by the signs' innate schemes and primary purposes to draw mental attention to their content, potentially to the detriment of sound driving practices and the safety of the motoring public to whom a majority of the signs are oriented. Therefore, it is the intent of this Article to regulate the size and location of signs such that their purpose can be served without unduly interfering with the motoring public and causing unsafe conditions. (d) The objective of this chapter is to establish requirements for the placement, installation, and maintenance of signs and advertising in order to preserve and protect the health, safety, welfare, and general well-being of the citizens of the county. (e) Further, it is an objective of this article to protect and preserve the aesthetic qualities of the County by regulating the number, size, placement, installation, and maintenance of signs. The fact that such signs are intended to command visual contact grants to signs a proportionally greater role than other structures in determining the overall aesthetic quality of the County. The aesthetic impact of signs is an economic fact that can bear heavily upon the enjoyment and value of property; therefore, the regulation of signs is validly justified on the basis of conserving the value of property and encouraging the most appropriate use of land throughout the County.

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Sec. 38-5. - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: BILLBOARD: A sign larger than 50 square feet in area, not to exceed 300 square feet in area. DOUBLEFACED SIGN: A sign with two faces back to back mounted on the same sign structure. ELECTRONIC DISPLAY: A message displayed through the use of LED, LCD, plasma, or other similar type of panels or screens. ELECTRONIC SIGN: A sign whose message may be changed at intervals by computer controller, microprocessor controller or by remote control, and whose message is displayed through the use of LED, LCD, plasma or other similar type of panels or screens, including devices known as commercial electronic message signs or similar devices. FOOT CANDLE: A quantitative unit measuring the amount of light cast onto a given point, measured as one lumen per square foot. GROUND SIGN: A sign that is anchored to the ground and is wholly independent of a building for support. Freestanding signs are included in this definition, as are signs on poles, frames, or other mounting structures other than buildings. HANGING SIGN: Any non-fabric sign hanging or suspended from the exterior walls of a building structure, or an awning attached to the building structure, which is directed so as to be plainly visible from a public right-of-way. SIGN: Any display of words, shapes or images designed to convey a message to the viewer, located on the exterior of any dwelling, building or structure, or located anywhere on a lot upon a dedicated supporting structure or device, including poles, banners, windows and similar devices. SIGN FACE: The actual message-carrying portion of the sign that can be used to display content, including any area that can display or does display words, pictures or other communicative elements of the sign, including the background color. SIGN STRUCTURE: This includes all the elements of the sign, including its supporting structure, sign face, base, lights and every portion of the sign. VARIANCE: A minimal relaxation or modification of the strict terms of the height, area, placement, setback, yard, buffer, landscape strip, parking and loading regulations as applied to specific property when, because of particular physical surroundings, shape, or topographical condition of the property, compliance would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make a profit. WALL SIGN: A sign that is fastened directly to or is placed or painted directly upon the exterior of a building, with the sign face parallel to the wall, and extending from the surface of the exterior no more than 24 inches.

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WINDOW SIGN: A sign mounted inside of a structure and designed to be seen from outside of the structure through a window.

Sec. 38-6. - Penalties.

(a) Enforcement of this Ordinance may be through criminal prosecution in the Rabun County Magistrate Court. Violations of this Ordinance shall be punishable as a misdemeanor. Any person, firm, partnership, corporation or other legal entity who shall do anything prohibited by this Ordinance as the same exists or as it may hereafter be amended or which shall fail to do anything required by this Ordinance as the same exists or as it may hereafter be amended shall be subject to an enforcement action.
(b) The Officers or Officials designated by the Board of Commissioners shall have the power to conduct such investigations as may reasonably be deemed necessary to assure or compel compliance with the requirements and provisions of this Ordinance, and for this purpose to enter at reasonable times upon any property for the purpose of investigation and inspection, as permitted by law.
(c) No person shall obstruct, hamper or interfere with any government official while in the process of carrying out his official duties in the enforcement of this Ordinance.
(d) Owners are ultimately responsible for the condition of their property and ensuring that their property and all activity occurring on such property are in compliance with this Ordinance. For any violation, both the owner of the property and/or the individual agent, tenant or invitee of the owner responsible for the violation may be cited, where appropriate. Agents of the owner would include, but not be limited to, developers, builders, contractors, and sub-contractors. Tenants and invitees would include, but not be limited to, any renter, leaseholder, owner of any vehicle or structure on the property, or other person conducting an activity on the property who is not a trespasser. Corporations and companies responsible for the work may be cited in lieu of or in addition to citations issued to the actual individuals on site committing violations.
(e) Each day during which the violation or failure or refusal to comply with any provision of this Ordinance continues shall constitute a separate violation, subjecting the offender to a new citation, or other civil or criminal proceeding.
(f) Each violation of any specific provision of this Ordinance shall be a separate violation, subjecting the offender to separate citations.
(g) A designated officer or official may issue criminal citations for violations of this Ordinance.
(h) Criminal prosecutions for violation of this Ordinance shall be commenced by the completion, signing, and service of a citation by the designated officer or official. Warnings or Notices to Comply maybe issued prior to a citation being issued. The original of the citation shall be personally served upon the accused, his or her authorized representative, or, if a corporation, an officer of the corporation or its on-site

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representative or the person or persons in charge of the activity on the property; a copy shall be promptly filed with the Rabun County Magistrate Court. (i) Each citation shall state the time and place at which the accused is to appear for trial in the Rabun County Magistrate Court, shall identify the offense with which the accused is charged, shall have an identifying number by which it shall be filed with the court, shall indicate the identity of the accused and the date of service, and shall be signed by the designated officer or official who completes and serves it. (j) Any defendant who fails to appear for trial may thereafter be arrested on the warrant of the magistrate court and required to post a bond for his or her future appearance. (k) Fines shall be assessed in accordance with the applicable rules of the Rabun County Magistrate Court. (l) Persons cited criminally are also subject to other penalties within the jurisdiction of the Rabun County Magistrate Court, including incarceration, community service, and probation.

Sec. 38-7. - Intent.

(a) It is contended that it is not irrational for the County's citizens to plan their physical surroundings in such a way that unsightliness is minimized. With these objectives and purposes in mind, it is the intention of this chapter to authorize the use of signs that:
(1) Are compatible with their surroundings in terms of zoning, existing land use, and architectural characteristics;
(2) Are appropriate to the type of activity to which they pertain; (3) Are expressive of the identity of the individual properties or of the County as a whole;
and (4) Are legible in the circumstances in which they are seen. (b) In addition, it is declared that the regulation of signs within the County is necessary and
in the public interest: (1) To protect property values within the County; (2) To protect the motoring public from damage or injury caused or partially attributable
to distractions or obstructions from improperly designed or situated signs; (3) To promote the economic well-being of the County by creating a favorable physical
image; (4) To create and maintain high quality commercial districts; (5) To eliminate the clutter and unsightliness of excessive signage; (6) To protect the right of citizens to enjoy the County's natural scenic beauty; (7) To encourage the development of tourism; (8) To regulate the construction, erection, maintenance and size of signs that may constitute
a direct danger to pedestrians and property, especially during periods of high winds; and (9) To preserve and promote the public health, safety and welfare in the County.

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Sec. 38-8. - Jurisdiction and applicability.

This chapter shall apply to all properties within the unincorporated areas of the County. Notwithstanding any other restrictions in this Sign Ordinance, any sign, display or device allowed under this Ordinance may contain any commercial or non-commercial message, or any political or non-political message; except that such messages cannot depict obscenity, as defined by O.C.G.A. 16-12-80, nor can they depict sexual conduct or sexually explicit nudity, as defined in O.C.G.A. 36-60-3, nor advertise any activity illegal under the laws of Georgia or the United States.

Sec. 38-9. - Compliance with this chapter and other laws required.

All signs shall be constructed and maintained in strict conformity with the requirements of this Ordinance and with the building and electrical codes adopted by the state, the county, and the International Code Council (ICC).

Sec. 38-10. - Conflicting provisions.

If any provisions or requirements of this chapter are found to be in conflict with any other provision or requirement of this chapter or any other applicable governmental law, ordinance, resolution, rule or other governmental regulation of any kind, the more restrictive rule or standard shall take precedence.

Secs. 38-11. 38-20. - Reserved.

ARTICLE II. - PERMITS

Sec. 38-21. - Permit required. Sec. 38-22. - Application and issuance of permits. Sec. 38-23. - Appeals. Sec. 38-24. - Electrical permit required for electrical signs. Sec. 38-25. - Renewals for billboards. Sec. 38-26. - Expiration of permits. Sec. 38-27. - Permit not to be construed as finding of compliance. Sec. 38-28. - Identification label. Sec. 38-29. - Exempt signs. Secs. 38-30. 38-40. - Reserved.

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Sec. 38-21. - Permit required.

Except as otherwise provided herein, it shall be unlawful for any person to erect, construct, enlarge, move, or convert any sign in the County or cause the same to be done without first obtaining a sign permit from the County. These directives shall not be construed to require any permit for change of copy on any sign, replacement of the sign face, nor for the repainting, cleaning, or other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued, so long as the sign or sign structure is not modified or enlarged in any way.

Sec. 38-22. - Application and issuance of permits.

(a) Applications for sign permits shall be filed by the sign owner or his agent with the zoning administrator or his designee upon forms furnished by the County. Applications shall describe and set forth a minimum of the following:
(1) The type and purpose of the sign. (2) The value of the sign. (3) The street address and zoning designation of the property upon which the sign is to be
located and the proposed location of the sign on the property. (4) The square foot area per sign and the aggregate square foot area if there is more than
one sign face. (5) The names and addresses of the owner of the real property upon which the subject sign
is to be located. (6) Written consent of the owner or his agent granting permission for the placement of the
sign. (7) A sketch or print drawn to scale showing all dimensions with pertinent information
such as wind pressure requirements and display materials in accordance with the technical codes adopted by the County and showing any other data deemed necessary by the zoning administrator. (8) Name, address, phone number and business license number of the sign contractor. (9) A written agreement to indemnify and hold the County harmless of all damages, demands or expenses of every type which may in any manner be caused by the sign structure. (b) Within five (5) working days of submission, the zoning administrator shall inform the applicant of any information or documents necessary for completion of an application. Until such time as the application is complete, the County will not consider the application properly filed. (c) Once the application is determined complete, the zoning administrator shall within (10) working days issue a written decision on the application, as follows: (1) Grant approval of the sign permit application and issue a permit if the zoning administrator finds that the application complies with the standards of this Ordinance.

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(2) Deny a permit if the zoning administrator finds that the application should not be granted for any of the following reasons:
a. The sign applied for fails to comply with the structural or design requirements in this Ordinance.
b. The sign applied for fails to meet the sign location or orientation requirements in this Ordinance.
c. The sign applied for fails to meet the type of sign permitted by this Ordinance. d. The sign applied for fails to meet the sign display requirements in this Ordinance,
including, but not limited to, lighting requirements and sign face requirements. e. The sign applied for fails to meet the restrictions for the type of sign permitted by this
Ordinance. f. The sign applied for is a prohibited sign under the terms of this Ordinance. g. The sign applied for fails to meet the dimensional, including size, requirements in this
Ordinance. h. The sign applied for exceeds the maximum number of signs permitted by this
Ordinance. i. The sign applied for fails to meet the placement requirements in this Ordinance. (d) If the zoning administrator determines the application fails to comply with the standards
of this Ordinance, the applicant shall be provided a written notification with an explanation of why the application has been denied. If the applicant resubmits the application within 60 days of the written notification of denial, the resubmitted application does not require payment of the fee. The time for resubmission may be extended an additional 30 days for good cause, if requested of the zoning administrator prior to the original deadline for re-submittal. (e) A revised application shall be reviewed pursuant to the same procedures for receipt and review of the original application. (f) A sign permit shall become null and void if the sign for which the permit was issued has not been installed and completed within 120 days after the date of issuance; provided, however, that when an applicant can demonstrate that a commercial entity was timely engaged to construct the permitted sign, but the fabrication has not yet been completed, the zoning administrator may grant one 30-day extension. No refunds will be made for permit fees paid for permits that expired due to failure to erect a permitted sign. If later an applicant desires to erect a sign at the same location, a new application must be submitted and another fee paid in accordance with the fee schedule applicable at such time. (g) Sign permits shall be issued in the name of the property owner upon which the sign is to be located. Issuance of the permit shall in no way prevent the County from later declaring said sign to be nonconforming if the permit is obtained based on false information submitted by the applicant. (h) No person shall erect or assist in the erection, construction, maintenance, alteration, relocation, repair or painting of, or do any work upon any sign which violated any

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provisions of this Ordinance. Any such sign shall be illegal, and the zoning enforcement officer shall order the owner to remove the same immediately. If the owner fails to remove the same within thirty (30) days, the zoning enforcement officer shall proceed in accordance with this Ordinance. (i) All signs for which a permit is required by this Ordinance are subject to inspection by the zoning enforcement officer. (j) The County is hereby authorized and empowered to revoke any sign permit upon failure of the holder thereof to comply with the provisions of this section within thirty (30) days after notification in writing. (k) Before any permit is issued under the provisions of this section, the applicant shall pay a fee as follows: ****See Chapter 18 Section 19 for a schedule of fees for sign permits

Sec. 38-23. - Appeals.

(a) Any applicant, person or entity aggrieved or affected by the denial or grant of an application for a sign permit may appeal the determination to the planning commission by filing a written notice of appeal with the zoning administrator within thirty (30) days following the decision. The appeal shall be heard within thirty (30) days of the filing of the written notice of appeal.
(b) The planning commission shall have fifteen (15) days following the hearing to issue a written decision.
(c) Any party aggrieved or affected by the decision of the planning commission may appeal the decision by filing a writ of certiorari with the Rabun County Superior Court pursuant to O.C.G.A. 5-4-1, et seq.

Sec. 38-24. - Electrical permit required for electrical signs.

All applicants for illuminated signs, LED, LCD, plasma, or other similar types of panels or screens requiring connection to an electrical source must obtain an electrical permit and submit it with the application for the sign permit.

Sec. 38-25. - Renewals for billboards.

Sign permits for billboards, as defined herein, are issued for a term of one year and must be renewed annually by payment to the zoning administrator of the renewal fee, which shall be the same amount as the fee provided in Sec. 38-22(k). A billboard permit shall expire and the applicable billboard shall be removed in the event the annual renewal fee is not paid on or before the expiration date. If the owner or applicant files a new application for a permit within thirty (30) days of the receipt of a written notice that a billboard shall be removed because of an expired permit, the removal of the billboard shall be stayed pending a decision

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on the new application, which shall be processed in the same manner as if it were an application for the construction of a new sign, and which shall be granted if the billboard complies with the provisions of this ordinance If a new application is not filed with the County as provided herein, the billboard for which a permit has expired shall be removed within ten (10) days thereafter.

Sec. 38-26. - Expiration of permits.

A sign permit shall become null and void if the sign for which the permit was issued has not been installed and completed within one hundred twenty (120) days after the date of issuance; provided, however, that when an applicant can demonstrate that a commercial entity was timely engaged to construct the permitted sign, but the fabrication has not yet been completed, the zoning administrator may grant one thirty (30) day extension. No refunds will be made for permit fees paid for permits that expired due to failure to erect a permitted sign. If later an applicant desires to erect a sign at the same location, a new application must be submitted and another fee paid in accordance with the fee schedule applicable at such time.

Sec. 38-27. - Permit not to be construed as finding of compliance.

Issuance of a sign permit shall in no way prevent the County from later declaring the sign to be nonconforming or unlawful if upon further review of available information the sign is found not to comply with the requirements of this article.

Sec. 38-28. - Identification label.

With each sign permit, the zoning administrator or his designee shall issue a label bearing the same number as the sign permit with which it is issued. It shall be the duty of the permittee or his agent to affix such to the sign or its supporting structure in such a manner as to be visible from a street right-of-way.

Sec. 38-29. - Exempt signs.

Except as otherwise provided, the following signs may be erected without securing a permit. The erection of any sign not listed in this section shall require a permit. Signs exempt from permit requirements are:
(1) Signs having no electrical connection and a sign face equal to or less than 4 square feet in area.
(2) One informational bulletin board for public, charitable, educational or religious institutions when located on the premises of said institution. Bulletin boards may not exceed 32 square feet in area and shall be located in such a manner that said bulletin

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board will satisfy the required setback requirements for the zoning district in which the bulletin board is located. (3) Flags and insignia subject to being flown in accordance with standard protocol. (4) Integral decorative or architectural features of buildings. (5) Signs which appear on vending machines. (6) One sign per gasoline pump at a service station which dispenses gasoline or diesel fuel to the general public. (7) In the case of public or charitable events, arrow signs, tethered balloons, streamers, or other similar attention-getting devices may be placed at appropriate road intersections to help people find the event. Such devices may be displayed no earlier than 24 hours before the event and must be removed no later than 48 hours after the completion of the event. The devices utilized must be of a type that their display does not provide a sufficient distraction as to pose a hazard to passing motorists. In addition, one sign, which is no larger than 32 square feet and no higher than eight feet may be erected no earlier than two weeks prior to the event and must be removed within one week following the event. (8) Billboards in C-B, M-I, and M-II zoning districts, subject to the following restrictions: a.Sign may not exceed 300 square feet of face area per side. b. 1,500-foot distance must be maintained between any other billboards in any direction. c.Maximum height for billboards is 40 feet. d. Setback from right-of-way is horizontally 40 feet minimum. (9) One (1) sign per lot of not more than fifty (50) square feet of sign face in zoning districts N-S, H-B, C-B, M-I, M-II and A. (10) Any sign not visible from a street or adjoining property or any sign wholly within a
business, office, mall, or other totally enclosed area.

Secs. 38-30. 38-40. - Reserved.

ARTICLE III - GENERALLY

Sec. 38-41. - General requirements. Sec. 38-42. - Permitted signs by zoning district. Sec. 38-43. - Regulations for signs. Sec. 38-44. - Lighting restrictions and prohibitions. Sec. 38-45. - Height requirements. Sec. 38-46. - Prohibited signs. Sec. 38-47. - Sign and sign structure maintenance. Sec. 38-48. - Electronic signs. Secs. 38-49. - 38-60. - Reserved.

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Sec. 38-41. - General requirements.

Signs, regardless of the zoning district in which they are located, shall conform to the following requirements:
(1) Signs, together with any supporting members, shall be kept in good repair and maintained so as to present a neat, clean appearance and be in a safe state of preservation.
(2) All signs shall be erected in such a manner as to not interfere with or obstruct the view of any authorized traffic sign, signal or device.
(3) All signs shall be located in such a way that they maintain horizontal and vertical clearance from all overhead utilities in accordance with county electrical code specifications. In no case shall any sign be installed within five feet horizontally or vertically from an overhead utility line or utility guy wire.

Sec. 38-42. - Permitted signs by zoning district.

(a) If not otherwise provided in this Ordinance, any sign not specifically permitted in a zoning district as provided under this section shall be prohibited. These regulations apply to signs located on any lot or development, except that any sign not visible from a public right-of-way is not restricted or regulated by this Article.
(b) Sign Height: Sign height is measured as a straight vertical line from ground level at base to the highest portion of the sign structure.
(c) Sign Face Area: The area of a sign is calculated by determining the area of the smallest square or rectangle which encloses the sign face and the structure surrounding the sign face. For example, the pole or base would not be included, but any frame holding the sign face in place would be counted.
(d) Signs permitted in R-1, R-II, R-III, and V-C Zoning Districts: (1) Ground Signs: Two double-faced signs per lot. No single sign face may exceed 4 square feet. Height is limited to 3 feet. (2) Window Signs: Permitted, but total window signage shall not exceed 10% of the area of windows facing road frontage. (3) Wall Signs: Not permitted. (4) Hanging Signs: Not permitted. (5) Real Estate "For Sale" Signs: a. This provision applies only to temporary signs advertising property for sale and situated upon the property that the sign is advertising for sale. b. Real Estate "For Sale" arrow signs not to exceed 1.5 square feet are permitted. c. Standard Real Estate "For Sale" yard signs in residential areas, not to exceed 4 sq. ft. plus one agent rider and one descriptive rider. d. Single-sided Real Estate "For Sale" signs on the U. S. 441 corridor, not to exceed 50 square feet.

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e. Single-sided Real Estate "For Sale" signs on raw land and commercial land not to exceed 32 square feet.
f. Temporary "Open House" signs advertising a scheduled one-day event for a house being marketed for sale.
(e) Signs permitted in the N-S, H-B, C-B, M-I, M-II, and A Zoning Districts: (1) Ground Signs: One double-faced sign per lot. Maximum square footage for each sign face shall be fifty (50) square feet. Maximum height for each sign structure shall be 8 feet, except on multi-tenant lots, in which case the maximum height shall be 15 feet. (2) Window Signs: Permitted, but total signage shall not exceed 10% of the area of windows facing road frontage. (3) Wall Signs: a. One sign per street frontage is permitted. Maximum square footage for the wall sign shall be 50 square feet, except as provided in subsection c., below. b. Where the structure upon which a wall sign is located is greater than 50 feet from the right-of-way of the nearest public street, the maximum square footage shall be as follows:

Distance from wall sign to the right-of-way of the abutting street frontage:

Maximum surface area:

50-100 feet

75 square feet

100-175 feet

100 square feet

175-250 feet

150 square feet

250+ feet

200 square feet

c. Wall signs on multi-tenant lots: On all multi-tenant lots having less than 25,000 square feet of gross leasable area, each individual establishment shall be permitted wall signage as though each individual establishment was an individual building with individual street frontage.
d. Hanging signs: Permitted, but no hanging sign shall be greater than six (6) square feet, and the square footage of hanging signs shall count towards the maximum amount of wall signage permitted for the wall to which the hanging sign is attached.
(4) Real Estate "For Sale" Signs: a. This provision applies only to temporary signs advertising property for sale and situated upon the property that the sign is advertising for sale. b. Real Estate "For Sale" arrow signs not to exceed 1.5 square feet are permitted. c. Standard Real Estate "For Sale" yard signs in residential areas, not to exceed 4 sq. ft. plus one agent rider and one descriptive rider.

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d. Single-sided Real Estate "For Sale" signs on the U. S. 441 corridor, not to exceed 50 square feet.
e. Single-sided Real Estate "For Sale" signs on raw land and commercial land not to exceed 32 square feet.
f. Temporary "Open House" signs advertising a scheduled one-day event for a house being marketed for sale.

Sec. 38-43. - Regulations for signs.

(a) The property owner must give permission for all sign structures erected on the owner's property. Sign structures are not permitted in the public right-of-way.
(b) No portion of a sign or sign structure erected on private property shall encroach on or overhang the public right-of-way or any other person's property.
(c) Distances are measured from the closest portion of the sign (whether that is the base, sign face, or the sign structure) to the right-of-way, curb or pavement.

Sec. 38-44. - Lighting restrictions and prohibitions.

(a) Signs cannot be illuminated in the R-I and R-II zoning districts. Signs may be illuminated in all other districts, subject to the following provisions.
(b) Flashing or blinking illumination is not permitted. No external or internal illumination that causes confusion with or distraction from any traffic signal or safety device shall be permitted.
(c) All externally-illuminated signs shall utilize low wattage luminaries, mounted in fixtures designed to direct the light at the sign and eliminate light trespass, such as light shining into residences or other neighboring structures.
(d) All internally-illuminated signs shall utilize low wattage luminaries designed to reduce light glow.
(e) All illuminated signs over ten (10) feet in height shall be internally illuminated or illuminated by external lighting fixtures located above the sign area, firing downward, and not visible to passing motorists.
(f) No sign shall give off light which glares, blinds, or has any other adverse effect on traffic or adjacent properties. The light from an illuminated sign shall be established in such a way that no direct light is cast upon adjacent properties and roadways.
(g) No illuminated signs shall be constructed or maintained within one thousand (1000) feet of any residential dwelling.
(h) No sign shall be erected which simulates an official traffic control or warning sign in such a manner as to confuse or mislead the motoring public or hide from view any traffic or street sign or signal.
(i) An externally-illuminated sign, when permitted, shall have concealed wiring and controls, and shall have shielded and screened external light sources.

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(j) Internally-illuminated signs, where permitted, must completely shield the source of light from direct view.
(k) No sign may have exposed electrical wires. (l) Series, lines or rows of electric, neon or other lights on signs or buildings, except as part
of holiday celebration, are prohibited. (m) Visually exposed neon tube letters, signs or strips of light are prohibited, except for
neon signs inside a window. (n) All components of an illuminated sign shall be U.L. listed, or the equivalent thereof, with
an identification label that shows the manufacturer of the sign. (o) Any structure extending beyond the face of any billboard, excluding the aprons, is
specifically prohibited.

Sec. 38-45. - Height requirements.

No sign, regardless of type, shall exceed 40 feet in height from ground level or 40 feet from the elevation of the centerline of the adjacent road at a point perpendicular to the center of the base of the sign, whichever is greater.

Sec. 38-46. - Prohibited signs.

The following signs are prohibited within the unincorporated portions of the County: (1) Roof signs mounted above a roof or projecting above the roofline of a structure, except that it shall be lawful to have roof signs projecting above the roof-line that are no larger than 50 square feet and only advertise the business or entity contained under the roof on which the sign is mounted. (2) Moving signs, or signs with moving parts. This includes, but is not limited to, rotating signs; signs with moving words or content, except as permitted by this Ordinance; signs with waiving elements, whether motorized or wind-powered; or similar moving signs. (3) Portable signs. This includes any sign supported by its own frame or trailer, with or without wheels, that is designed to be moved from one place to another. (4) A-frame, sandwich type, sidewalk or curb signs. (5) Signs that resemble any official traffic control device or emergency vehicle markings. (6) Signs which contain or make use of the words "stop," "go," "slow," "caution," "danger," "warning," or similar words, phrases, symbols or characters in such a manner as to interfere with, mislead, or confuse vehicular traffic except construction signs or barricades and except when words are incorporated in the permanent name of a business. (7) Search lights and beacons. (8) Any blinking signs (with the exception of blinking arrows or other similar directional indicators) attached to or painted on vehicles of any type which are conspicuously

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parked in proximity to a right-of-way and obviously parked in such a way as to advertise any business or service to motorists or pedestrians. (9) Signs which emit visible smoke, vapor, particles, or odor. (10) Signs on the ground or attached to trees or on the County right-of-way.

Sec. 38-47. - Sign and sign structure maintenance.

(a) The sign and sign structure shall be maintained in good repair, structurally sound, with proper anchorage capable of supporting the imposed loads, so as not to pose a threat to the public health, safety or welfare. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
(b) All exterior surfaces shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. Sign faces shall be maintained in good repair, and shall have neatly painted, posted or otherwise maintained display surfaces, free of defects such as holes, tears, cracks, breaks or missing portions, which are plainly visible from the public right-of-way.
(c) When a sign or sign structure is found to be in need of maintenance, the zoning administrator or designee shall issue a notice of violation to the property owner, which shall describe the maintenance issue and provide 30 days to repair the violation.
(d) If, after receiving the notice of violation, the property owner fails to remedy the maintenance issue within 30 days, it shall be a violation of this Ordinance, subject to citation. The zoning administrator may also institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal of the sign or sign structure. The reasonable cost of any action taken by the County or its agents to remedy the maintenance issue shall be charged against the real estate upon which the structure is located and shall constitute a lien upon such real estate.

Sec. 38-48. - Electronic signs.

(a) Each electronic sign must be located on a parcel zoned for commercial use, and no portion of such sign is to be located within 1,000 feet of a single-family residence.
(b) Each electronic sign must be located at least 10,000 feet from any other sign containing an electronic display for which a permit was issued. 1,500-foot distance must be maintained from any existing non-electronic sign.
(c) No electronic message shall flash, scroll the entire display from one side of the sign to the other whether from top to bottom or from one side of the sign to the other, or give the

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illusion of movement. Only static electronic messages shall be allowed. The electronic display shall not have varying light intensity during the display of any single message. (d) No more than six displays per minute shall be allowed. (e) Upon erection of a sign containing an electronic display, the owner shall provide written proof from an independent contractor that the sign complies with the table in this paragraph. Such proof shall contain measurements taken during both daytime and nighttime hours. Such measurements and proof shall be provided each year within thirty (30) calendar days of the anniversary of the erection of the electronic portion of the sign. Electronic display signs may not operate at brightness levels of more than 0.20 foot candles above ambient light levels as measured at the following distances:

SIGN SQ. FEET

DISTANCE

<100'

100'

101'-220'

150'

(f) Each sign must have a light sensing device that will adjust the brightness of the display as the natural ambient light conditions change.
(g) The owner of any electronic sign shall provide to Rabun County information for a contact who is available 24 hours a day, seven days a week and able to turn off the electronic sign promptly if a malfunction occurs. If, at any time, more that 50 percent of the digital display lights malfunction or are no longer working, the owner of the sign containing an electronic display shall turn off the electronic display until repairs are made.
(h) Each sign containing an electronic display must comply with all Georgia Department of Transportation rules and regulations not in conflict with this Article.
(i) Each sign containing an electronic display shall contain a default design that will freeze the design in one position should a malfunction occur.
(j) Any sign containing an electronic display installed within 500 feet of an existing traffic signal shall be non-flashing and shall not contain any of the following colors: red, green or amber.
(k) No electronic sign shall utilize, house, or contain any interactive features or components, or function as an interactive sign.
(l) Electronic signs may not have sequential message, i.e., more than one message to form a single advertisement. Each message of an electronic sign must be self-contained in that it provides all of the information in one screen to communicate the message intended.
(m) The designated sign shall not be moved to another portion of the property, increased in size or height, or otherwise modified in a manner which increases the nonconformity of the structure unless a variance is first obtained to permit such modification.
(n) Any measurement of distance between signs required by this Section shall be measured pole to pole.
(o) Should the County, at its sole discretion, until such time as an industry or Federal standard is developed, acting within accepted standards, find the sign, any display or

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effect thereon, to cause glare or impair the vision of the driver of any motor vehicle on a public road or which otherwise interferes with the operation of a motor vehicle regardless of any other provision in this ordinance, upon request, the owner of the sign shall, within one hour, reduce the intensity or contrast of the sign to a level acceptable to the County, or make any other changes necessary to reduce the interference with the operation of a motor vehicle. Failure to make changes on request shall be cause for revocation of the permit.

Secs. 38-49. - 38-60. - Reserved.

ARTICLE IV - OUTDOOR SIGN LIGHTING

Sec. 38-61. - Purpose and applicability. Sec. 38-62. - Exemptions. Sec. 38-63. - Materials and methods of installation. . Sec. 38-64. - Height requirements. Sec. 38-65. - Spacing requirements. Sec. 38-66. - On-site lighting. Sec. 38-67. - Shielding. Sec. 38-68. - Nonconforming lights. Sec. 38-69. - Legal Status Provisions.

Sec. 38-61. - Purpose and applicability.

This division is intended to minimize light pollution and the indiscriminate use of outdoor lighting and to create a unifying, community-wide approach to outdoor lighting. These standards apply in all zoning districts to public and private property.

Sec. 38-62. - Exemptions.

The following outdoor lights are exempt from the requirements of this division provided that such lights do not create a hazard to the public:
(1) Temporary holiday tree lights; and (2) Decorative seasonal or display lights.

Sec. 38-63. - Materials and methods of installation.

Mercury vapor lights are prohibited, but the following types of lamps are permitted: (1) High-pressure sodium (HPS); (2) Low-pressure sodium (LPS); (3) Metal halide, maximum 250 watts;

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(4) Incandescent lights of 100 watts or less per fixture; (5) Fluorescent lights 40 watts or less per fixture; and (6) Alternative types of lights approved by the planning commission as substantially
similar in appearance and impact on nearby properties.

Sec. 38-64. - Height requirements.

(a) The maximum height of a light, whether on a pole or building, shall not exceed 20 feet for the purpose of illuminating parking lots or streets.
(b) The maximum height of a light, whether on a pole or building, shall not exceed 16 feet for the purpose of illuminating pedestrian walkways, crossings, or trails.
(c) Municipal recreational fields and facility lighting shall be exempt from these height requirements if the planning commission determines that higher lights are required for the effective use of the facility and will not create serious adverse impacts on surrounding property owners.

Sec. 38-65. - Spacing requirements.

The spacing of all lighting shall be the minimum industry standards as adopted by the illuminating engineering society to provide necessary illumination for life or safety purposes, including lighting of street intersections, trail or street crossings and access points, bridges, and other circulation system hazards or obstacles, and to clearly delineate other circulation systems features and required security or entrance lighting.

Sec. 38-66. - On-site lighting.

(a) Building-mounted and freestanding exterior lighting shall be directed downward using downcast light fixtures, with the light source screened and shielded from adjacent properties and from public rights-of-way so that the light source is not visible.
(b) The lighting or internal amenities and parking lots shall be designed to be lit from the outside perimeter inward or shall incorporate design features to reduce off-site glare. In all cases, placement of lighting shall be such that glare on-site or off-site does not negatively impact vehicles in adjacent street systems.

Sec. 38-67. - Shielding.

(a) All light sources shall be fully shielded so the light source is not visible from adjacent properties (i.e., no light is shining directly onto adjacent properties). This section shall not be construed so as to prohibit the glow of lights from being seen on adjacent property.
(b) Outdoor light fixtures installed and maintained on residential dwellings shall be positioned so that there is no direct light emission onto adjacent residential properties.

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All residential light sources shall be fully shielded so they are not obtrusively visible from adjacent properties.

Sec. 38-68. - Nonconforming lights.

All existing outdoor lighting that does not conform to this Article shall be required to be brought into conformity with these requirements relating to shielding within six months of the adoption of the ordinance from which this Article is derived, but shall not otherwise be required to comply with the standards adopted under this Article.

Sec. 38-69. - Legal Status Provisions.

Should any section of provision of this Ordinance be declared by the courts 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 ordinances, or parts of ordinances, in conflict herewith are repealed.

SO ADOPTED THIS 24th DAY OF JANUARY, 2012.

RABUN COUNTY, by and through its Board of Commissioners

s/ STANLEY E. "BUTCH" DARNELL L.S. s/ TOM GARRISON

L.S.

Stanley E. Darnell, Chairman

Tom Garrison

________________________________ L.S. s/ JIMMY LOUDERMILK L.S.

Katheryn Granberg

Jimmy Loudermilk

s/ WILL NICHOLS

L.S.

Will Nichols

This is to certify that the above Ordinance was adopted at a regular meeting of the Rabun County Board of Commissioners as provided by law.

This 24th day of January, 2012.

s/ DEBBIE JACOBS Debbie Jacobs, County Clerk

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STATE OF GEORGIA COUNTY OF RABUN

AFFIDAVIT OF PUBLICATION

Personally appeared before the undersigned, Michael Leonard, who having been duly sworn on oath that he is the Publisher of The Clayton Tribune, and that the legal advertisement for:

Rabun Co. Board of Commissioners - Sign Ordinance

was published in The Clayton Tribune on the following dates:

January 06, 2011 January 13, 2011 January 20, 2011

s/ MICHAEL LEONARD Affiant

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

s/ ADELHEID COOK Notary Public RABUN COUNTY, GEORGIA (SEAL)

RABUN COUNTY BOARD OF COMMISSIONERS

NOTICE OF HEARING TO ALL INTERESTED PERSONS AND PARTIES

A hearing will be held in the Rabun County Courthouse at 6:00 before the Rabun County Board of Commissioners on the 25th day of January, 2011 concerning a proposed amendment to the "RABUN COUNTY OFFICIAL ZONING ORDINANCE". This hearing is held under the authority granted by Article XIV of said Ordinance.

The purpose of said hearing is to receive comments on the amendment proposed by Jere W. Byington, Trustee, Olivia T. Allen Trust to request the rezoning of 7.02 acres from Agricultural to Highway Business.

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Property is in Lane Lot 190, Land District 2, Tax Parcel 038B-00. Property is located off Hwy. 441N at state line on west side of highway. At the hearing any interested parties may present data, make a statement or offer a viewpoint or argument, either orally or in writing. Lengthy statements shall be submitted in writing for the official record. Oral statements shall be concise to afford all an opportunity to be heard.

RABUN COUNTY BOARD OF COMMISSIONERS

Filed in the Office of the Secretary of State June 26, 2012. __________

DEKALB COUNTY DEKALB COUNTY PENSION BOARD; UPDATE FOR LEGAL COMPLIANCE.

A HOME RULE ORDINANCE

A HOME RULE ORDINANCE BY THE GOVERNING AUTHORITY OF DEKALB COUNTY UNDER THE HOME RULE PROVISIONS FOR COUNTIES OF THE CONSTITUTION OF THE STATE OF GEORGIA, TO AMEND AN ACT OF THE GENERAL ASSEMBLY OF 1962, FOUND IN GEORGIA LAWS 1962, PAGE 3088, ET SEQ., AS AMENDED, CREATING THE DEKALB COUNTY PENSION BOARD, SO AS TO UPDATE SAID ACT FOR LEGAL COMPLIANCE AND OTHER PURPOSES AND MAKE OTHER CLARIFYING CHANGES.

NOW, THEREFORE, BE IT ORDAINED by the Governing Authority of DeKalb County, Georgia, and it is hereby ordained by the authority of same, pursuant to the home rule provisions for counties of the Constitution of the State of Georgia, that the state law creating the DeKalb County Pension Board, known as 1962 Ga. Laws p. 3088, et seq., as amended, (hereinafter referred to as "the Act") be and the same is hereby further amended as follows:

PARTS I - XVIII. ENACTMENT.

PART I.

By amending Section 1 of the Act (codified in the Code of DeKalb County, Georgia, Appendix B, Section 902) entitled "Creation of board; members, vacancies" by adding the following to the end thereof:

A duly elected officer, employee or deputy member of the pension board, shall cease being a member of such board when the individual is no longer an active officer, employee or

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deputy of DeKalb County. When filling an unexpired term of a duly elected officer, employee or deputy, an election shall be held on a date determined by the pension board, but no later than the next scheduled pension board election.

PART II.

By amending Section 5 of the Act (codified in the Code of DeKalb County, Georgia, Appendix B, Section 906) entitled "Eligibility of employees for retirement system" by adding the following to the end thereof:

The term "employee, officer or deputy" shall not include temporary employees, leased employees within the meaning of IRC section 414(n), or individuals classified by DeKalb County as independent contractors, even if such individuals are later reclassified by the Internal Revenue Service as common law employees.

PART III.

By amending Section 8 of the Act (codified in the Code of DeKalb County, Georgia, Appendix B, Section 908(a)(1)) by adding two new paragraphs at the end of Section 908(a)(1) entitled "Definitions: Compensation" to read as follows:

Beginning January 1, 2002, in no event shall the compensation of a participant taken into account under the plan for any plan year exceed the limitations of IRC Section 401(a)(17) in effect as of the beginning of the plan year (e.g., $250,000 for 2012 ). The limitations set forth herein shall be subject to adjustment as provided in IRC Section 401(a)(17)(B) and IRC Section 415(d); provided, however, that the dollar increase in effect on April 1 of each plan year, if any, is effective for that plan year.

Compensation shall include contributions made to a qualified transportation plan, within the meaning of IRC Section 132(f) and before-tax or salary deferral contributions made under IRC Section 125, 401(k), 402(g)(3), 457(b) or 414(h) to this plan or any other plan maintained by DeKalb County.

PART IV.

By amending Section 8 of the Act (codified in the Code of DeKalb County, Georgia, Appendix B, Section 908(a)(6)) by deleting the last sentence of section 908(a)(6), entitled "Actuarial equivalent" and replacing it with the following:

For the purposes of calculating early retirement adjustments to IRC Section 415 limitations or for converting a benefit payable as an optional form of payment, the actuarial equivalent

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COUNTY HOME RULE ORDINANCES

shall be computed based on the applicable interest rate and applicable mortality table as prescribed under IRC Section 415.

PART V.

By amending Section 8 of the Act (codified in the Code of DeKalb County, Georgia, Appendix B, Section 908(a)) to add new subsections 908(a)(7) and (8) to the end thereof as follows:

(7) Plan Year shall mean the 12-month period beginning each April 1 and ending on the following March 31.

(8) Actuarially amortized amount shall mean an amount amortized over thirty (30) years by using the same actuarial factors and assumptions used for funding purposes.

PART VI.

By amending Section 8 of the Act (codified in the Code of DeKalb County, Georgia, Appendix B, Section 908(b)(7)) by deleting subsection 908(b)(7) in its entirety and replacing it with the following:

7. Termination Benefit

A. Termination benefit for participants who terminate employment on or before March 25, 1992. In the event of termination of employment within the first three (3) years of service, the participant's contributions will be returned without interest. Upon termination of employment after three (3) years of service but less than ten (10) years, the participant may either withdraw his contributions plus interest or leave his contributions in the fund and receive a monthly benefit to commence at age sixty-five (65) equal to the accrued benefit determined as of his date of termination. Upon termination of employment after the completion of ten (10) years of service the participant may either withdraw his contributions plus interest or leave his contributions in the fund and receive a monthly benefit to commence at his normal retirement date equal to the accrued benefit determined as of his date of termination; provided, however, such terminating employee may elect to commence receiving actuarially reduced benefits any time after he attains fifty (50) years of age.

B. Termination benefit for participants who terminate employment after March 25, 1992.

(1) For participants whose first day as a participant is before September 1, 2005. In the event of termination of employment within the first three (3) years of service,

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the participant's contributions will be returned to the participant without interest within ninety (90) days of termination by means of a check mailed to the last known address of the participant or delivered by other means at the written request of the participant. Upon completing three (3) or more years of service, the participant is 100% vested in his benefit under the plan. In the event of termination of employment after three (3) or more years of service, the participant's contribution plus interest will be returned to the participant within ninety (90) days of termination by means of a check mailed to the last known address of the participant or delivered by other means at the written request of the participant, unless the participant, prior to the transmittal of such check, elects in writing to leave the contributions in the fund and to receive a monthly benefit to commence at a specific age after he becomes eligible to receive benefits. Except as provided in Section 15 of this Act regarding credit for prior service, any participant who receives a return of contributions shall be ineligible for a pension, except that in the case of a participant with three (3) or more years of service who receives an unrequested return of contributions, such participant may restore eligibility for a pension if, within sixty (60) days of receipt of same, the participant returns the full amount of the contributions and interest and provides to the pension board a written statement setting forth the date as of which the participant intends to retire. Any election of a date of intent to retire may be changed by the participant at any time by writing to the clerk of the pension board and expressing a revised date of intent to retire, subject to the provisions of this Act governing retirement dates. Expression of intent to retire confirms the participant's desire to leave contributions in the pension fund, and it shall not constitute an application for retirement. A refund of unforfeited contributions plus applicable interest may be requested at any time prior to the pension-eligible participant receiving monthly retirement benefits.

(2) For participants whose first day as a participant is on and after September 1, 2005.

The terms and conditions in 7.B.(1) above shall apply to a participant whose first day as a participant is on or after September 1, 2005, except that:

(a) In the event of termination of employment after at least three (3) but less than seven (7) years of service, the participant's contributions plus interest will be returned to the participant within ninety (90) days of termination by means of a check mailed to the last known address of the participant or delivered by other means at the written request of the participant;

(b) The participant is 100% vested in his benefit under the plan only after completing seven (7) or more years of service;

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COUNTY HOME RULE ORDINANCES

(c) In the event of termination of employment after at least seven (7) years of service, the participant's contributions plus interest will be returned to the participant within ninety (90) days of termination by means of a check mailed to the last known address of the participant or delivered by other means at the written request of the participant, unless the participant, prior to the transmittal of such check, elects in writing to leave the contributions in the fund and to receive a monthly benefit to commence at a specific age after he becomes eligible to receive benefits; and

(d) Except as provided in Section 15 of this Act regarding credit for prior service, any participant who receives a return of contributions shall be ineligible for a pension, except that in the case of a participant with seven (7) or more years of service who receives an unrequested return of contributions, such participant may restore eligibility for a pension if, within sixty (60) days of receipt of same, the participant returns the full amount of the contributions and interest and provides to the pension board a written statement setting forth the date as of which the participant intends to retire.

C. Payments Over $1000. Effective as to distributions that occur on and after March 28, 2005, and notwithstanding any other provision of the plan to the contrary, if (1) the termination benefit pursuant to this section is more than $1,000, and (2) the participant does not affirmatively elect to receive the distribution directly or to have such distribution paid directly to an eligible retirement plan in accordance with the requirements of Section 8 (Section 908(b)(12) of this Appendix), then the plan will pay the distribution in a direct rollover to an individual retirement plan designated by the pension board that can account separately for taxable and non-taxable amounts.

PART VII.

By amending Section 8 of the Act (codified in the Code of DeKalb County, Georgia, Appendix B, Section 908(b)(8)(A) by deleting the heading for subparagraph 908(b)(8)(A)(1) and substituting in lieu thereof the heading "Prior to retirement--participants whose first day as a participant is before September 1, 2005"; by renumbering subparagraph 908(b)(8)(A)(2) as subparagraph 908(b)(8)(A)(3); and by adding a new subparagraph (2) immediately following subparagraph 908(b)(8)(A)(1)(b), to read as follows:

(2) Prior to retirement - participants whose first day as a participant is on or after September 1, 2005. The death benefit for a participant whose first day as a participant is on or after September 1, 2005, shall be subject to the same terms and conditions in subparagraph (1) above, except that if a participant has not retired and dies after ten

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(10) years or more of service, the participant's beneficiary may elect to receive as a benefit one of the following:

(a) One hundred twenty (120) monthly payments in an amount equal to the monthly payment the participant would have been entitled to receive had he qualified to take and had taken early retirement as of the date of his death. The computation of such monthly benefit shall include, without limitation, the reduction applicable in computing early retirement benefits of five twelfths per centum (5/12%) for each complete month, if any, by which his date of death precedes his normal retirement date. Nothing contained herein shall be construed to authorize early retirement for any participant under age fifty-five (55), or otherwise, except in strict accordance with the provisions of this section 8 [908 of this appendix] governing early retirement.

(b) A joint and survivor benefit, as set forth in (b)5.B. of this section 8 [908 of this appendix] equal to one hundred (100) percent of the participant's monthly joint and survivor retirement benefit, deferred until the participant would have been eligible for early or normal retirement and calculated as if the participant had retired the day before his death. If the participant dies before reaching the age of sixty-two (62), then the beneficiary shall elect whether to receive normal or early retirement as set forth in (b)3. of this section 8 [908 of this appendix]. If the beneficiary elects early retirement, then the beneficiary will be entitled to a joint and survivor benefit if the participant had reached the age of fifty-five (55) or, if the participant died prior to reaching the age of fifty-five (55), when the participant would have attained the age of fifty-five (55). If the beneficiary elects normal retirement, then the beneficiary will be entitled to a joint and survivor benefit when the participant would have attained the age of sixty-two (62).

The benefits described in this paragraph shall be in lieu of any termination benefit under this Section 8 [908 of this appendix].

PART VIII.

By amending Section 8 of the Act (codified in the Code of DeKalb County, Georgia, Appendix B, Section 908(b) (10)) by adding new subsections B and C to the end of Section 908(b)(10) (relating to IRC Code Section 415 limits) to read as follows:

B. General Rule.

The annual benefit under this plan payable to a participant at any time shall not exceed the maximum permissible amount. "Maximum permissible amount" shall mean the amount specified in IRC Section 415(b), as adjusted automatically by the Commissioner of Internal

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COUNTY HOME RULE ORDINANCES

Revenue from time to time, with each new limitation to apply to limitation years ending within the calendar year of the date of the adjustment.

If the annual benefit commences before age 62 or after age 65, the maximum permissible amount shall be determined under IRC Section 415 and regulations and rulings thereunder. If the annual benefit commences when the participant has less than 10 years of participation in this plan or any predecessor plan to this plan, the maximum permissible amount as defined above shall be reduced by one-tenth for each year less than 10 in accordance with applicable regulations.

C. Incorporation by Reference.

The limits described in subsection A. above shall be applied under the terms of IRC Section 415 and the regulations thereunder, all of which are incorporated herein by reference. For purposes of applying such limitations, the following optional provisions shall apply:

(a) The limitation year shall be the Calendar Year.

(b) A year of service for purposes of calculating a participant's average compensation shall be the Calendar Year.

(c) "Compensation" shall mean a participant's earned income, wages, salaries, and fees for professional services, and other amounts received for personal services actually rendered in the course of employment as a DeKalb County officer, employee or deputy excluding the following:

(1) Employer contributions to a plan of deferred compensation that are not included in the employee's gross income for the taxable year in which contributed or employer contributions under a simplified employee pension plan to the extent such contributions are deductible by the employee, or any distributions from a plan of deferred compensation;

(2) Other amounts which receive special tax benefits; and

(3) Amounts that do not satisfy the timing rules set forth in the Regulations under IRC Section 415.

Compensation for any limitation year is the compensation actually paid or includable in gross income during such year.

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Notwithstanding the foregoing, compensation shall include any elective deferral (as defined in IRC Section 402(g)(3)) and any amount that is contributed or deferred by the employer at the election of the employee and which is not includible in the gross income of the employee by reason of IRC Section 125 or 457. In addition, compensation shall be increased by the amount by which the participant's compensation is reduced by salary reduction or similar arrangement under Section 132(f)(4) (i.e., a qualified transportation fringe benefit program.

The annual compensation taken into account shall not exceed the limitations of IRC Section 401(a)(17) in effect as of the beginning of the plan year in which it is paid.

(d) Amounts that would otherwise constitute "compensation" above but are paid from a nonqualified, unfunded deferred compensation plan sponsored by the employer nevertheless shall constitute "compensation" for purposes of the limitations in IRC Section 415 in the year in which such amounts are actually received by the participant, but only to the extent such amounts are includible in the participant's gross income.

(e) The following amounts also shall constitute "compensation" under (c) above if (i) the amounts are paid by the later of 2 1/2 months after the participant's severance from employment with the employer or the end of the limitation year that includes the date of the participant's severance from employment, and (ii) the amounts would have constituted compensation under (c) above if they were paid prior to the participant's severance from employment with the employer:

(1) payment for unused accrued bona fide annual leave or other leave, but only if the participant would have been able to use the leave if employment had continued; and

(2) amounts received by a participant pursuant to a nonqualified unfunded deferred compensation plan, but only if the payment would have been paid to the participant at the same time if the participant had continued in employment with the employer and only to the extent that the payment is includible in the participant's gross income.

PART IX.

By amending Section 8 of the Act (codified in the Code of DeKalb County, Georgia, Appendix B, Section 908(b)(11)) by adding a new subsection B to the end of Section 908(b)(11) entitled "Minimum distribution requirements" to read as follows:

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B. The rules set forth in this subsection B shall apply for purposes of determining the required minimum distribution to participants and designated beneficiaries (as defined below) for calendar years beginning on and after January 1, 2003, even if, in the case of a designated beneficiary, the participant died before 2003.

(a) No Extension of Death Benefits or Payment Forms. Nothing in this subsection shall be deemed to extend any death benefit or permit any beneficiary designation or payment form not otherwise provided or permitted under this plan. This subsection shall, instead, be deemed to limit and modify any provision of this plan to the extent that such limitation or modification is necessary to ensure that the plan complies with a good faith interpretation of IRC Section 401(a)(9) and the Regulations thereunder.

(b) Form of Distribution. For a participant who is employed by DeKalb County after age 70 1/2, any distribution payable under this subsection may be paid in any optional form of benefit that is available under the plan, provided that all consent requirements under the plan are satisfied. Any form of distribution payable under this plan, however, must satisfy the following requirements:

(i) The distribution must be in the form of a periodic annuity for the participant's life, or for the joint life expectancy of the participant and designated beneficiary or over a period certain that does not exceed the maximum length of the period certain determined under the Treasury Regulations.

(ii) The interval between payments must be uniform over the entire distribution period and must not exceed one year.

(iii) If payments have commenced over a period certain, the period certain may not be changed.

(iv) Distributions in the form of a life annuity must satisfy the minimum distribution incidental benefit (MDIB) requirement of IRC Section 401(a)(9)(G) and Treasury Regulation 1.401(a)(9)-6, A-2, or any successor regulation thereto.

(v) All payments, either in the form of a life annuity or over a period certain must either be nonincreasing or increase only in accordance with the rules set forth in Treasury Regulation 1.401(a)(9)-6, A-1.

For purposes of this subsection, references to a life annuity shall include an annuity for the joint life expectancy of the participant and the designated beneficiary.

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(c) Amount Required to be Distributed by Required Beginning Date. The amount that must be distributed on or before the participant's required minimum distribution date (or, if the participant dies before distributions begin, the date distributions are required to begin) is the payment that 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. Payment intervals are the periods for which payments are received, e.g., bi-monthly, monthly, semi-annually, or annually. All of the participant's benefit accruals as of the last day of the first distribution calendar year will be included in the calculation of the amount of the annuity payments for payment intervals ending on or after the participant's required minimum distribution date.

(d) Lump Sum Distributions. In the case of a lump sum distribution from this plan that is distributed in or after the calendar year in which the participant attains or would have attained age 70 1/2, the amount of the lump sum that equals the participant's or designated beneficiary's required minimum distribution and is not an eligible rollover distribution, shall be determined using either of the methods set forth in the Regulations. The pension board shall have the sole discretion to elect the calculation method but shall apply the same method to all lump sum distributions made in the same calendar year.

(e) Incidental Death Benefit Requirement. Any optional form of benefit elected by the participant or designated beneficiary must comply with the minimum distribution incidental benefit requirement of IRC Section 401(a)(9)(G). This rule insures that the retirement benefits payable under the plan are more than incidental. If the participant's interest is being distributed in the form of a joint and survivor annuity for the joint lives of the participant and a nonspouse beneficiary, annuity payments to be made on or after the participant's required minimum distribution date to the designated beneficiary after the participant's death must not at any time exceed the applicable percentage of the annuity payment for such period that would have been payable to the participant using the table set forth in Q&A-2 of Section 1.401(a)(9)-6 of the Treasury Regulations.

(f) Actuarial Increase After Age 70 1/2.

(1) A participant's accrued benefit shall be actuarially increased to take into account the period after age 70 1/2 in which the employee does not receive any benefits under the plan. The actuarial increase shall commence on April 1 following the calendar year in which the employee attains age 70 1/2, and end on the date on which benefits commence after retirement in an amount sufficient to satisfy IRC Section 401(a)(9).

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The accrued benefit payable to such a participant as of the end of the period for which the actuarial increase is required shall not be less than:

(i) the actuarial equivalent of the employee's accrued benefit as of April 1 of the calendar year following the calendar year in which the participant attained age 70 1/2, plus

(ii) the actuarial equivalent of any additional benefits accrued after the date described in (i) above, less

(iii) the actuarial equivalent of any distributions made with respect to the participant's accrued benefit after such date.

(2) The actuarial increase described above may reduce the benefit accrual otherwise required under IRC Section 411(b)(1)(H)(i).

(3) The actuarial adjustment described above shall be made even during a period for which benefits are suspended.

(g) Board Discretion. The pension board shall have discretion to apply the provisions of this subsection to any benefit option elected by the participant to the extent necessary to avoid violating IRC Section 401(a)(9). The pension board may, for example, modify a participant's selection of an optional form of benefit to satisfy the incidental death benefit requirement by requiring that the participant select another form of benefit or another contingent annuitant, or by modifying the form of benefit so it complies with the applicable rules.

(h) Definitions. The following definitions shall apply to this subsection, notwithstanding anything contained herein to the contrary.

(i) Designated Beneficiary. The term "designated beneficiary" shall be determined in accordance with the definition of "beneficiary" in the Regulations, notwithstanding that this definition may be different from that set forth elsewhere in this plan, provided that any individual who is a designated beneficiary must also be a beneficiary (but not necessarily all of the beneficiaries) as defined in this plan. Each beneficiary, as defined in the plan, however, need not be a designated beneficiary in the event, for example, that a beneficiary disclaims his interest under this plan.

(ii) Spouse. "Spouse" shall mean "spouse" as defined in the Regulations. Nothing in this subsection shall be deemed, however, to extend any death benefit or permit any

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beneficiary designation or payment form not otherwise provided or permitted under this plan.

(iii) Regulations. "Regulations" shall refer to the Treasury Regulations (including temporary Regulations) promulgated under IRC Section 401(a)(9), as set forth in Treasury Regulations 1.401(a)(9)-1 through 1.401(a)(9)-6T; and any additional guidance issued by the IRS in the form of revenue rulings, notices, other regulations and other guidance published in the Internal Revenue Bulletin or any successor thereto.

(iv) Distribution calendar year. "Distribution calendar year" is a calendar year for which a minimum distribution is required. For distributions beginning before the participant's death, the first distribution calendar year is the calendar year immediately preceding the calendar year that contains the participant's required beginning date. For distributions beginning after the participant's death, the first distribution calendar year is the calendar year in which distributions are required to begin.

(v) Life expectancy. "Life expectancy" shall mean the period computed by the use of the Single Life Table in Section 1.401(a)(9)-9 of the Regulations.

PART X.

By amending Section 8 of the Act (codified in the Code of DeKalb County, Georgia, Appendix B, Section 908(b)(12)(a)(2)) by deleting Section 908(b)(12)(a)(2) entitled "Eligible Retirement Plan" in its entirety and inserting the following in lieu thereof:

(2) Eligible Retirement Plan. An eligible retirement plan is an individual retirement account described in IRC Section 408(a), an individual retirement annuity described in IRC Section 408(b), an annuity plan described in IRC Section 403(a), a qualified trust described in IRC Section 401(a), an annuity contract described in IRC Section 403(b), and an eligible plan under IRC Section 457(b) that is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state that agrees to separately account for amounts transferred into such plan from this plan, provided that such account, annuity, contract, plan or trust accepts the distributee's eligible rollover distribution. Effective January 1, 2008, eligible retirement plan shall include a Roth IRA established under IRC Section 408A.

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COUNTY HOME RULE ORDINANCES

PART XI.

By amending Section 8 of the Act (codified in the Code of DeKalb County, Georgia, Appendix B, Section 9086)(l2)(e)(3)) by adding a new sentence to the end of Section 908(b)(12)(a)(3) entitled "Distributee" to read as follows:

For distributions on and after January 1, 2007, a "distributee" includes a nonspouse beneficiary if the eligible rollover distribution is made to an individual retirement plan that is treated as an inherited individual retirement account or individual retirement annuity in accordance with IRC Section 402(c)(11).

PART XII.

By amending Section 8 of the Act (codified in the Code of DeKalb County, Georgia, Appendix B, Section 908(b)(12)) by adding a new subsection (b) to Section 908(b)(12) entitled "Direct rollover of eligible rollover distributions", after subsection 908(b)(12)(a)(4), to read as follows:

(b) Special Rules for Rollovers of After-Tax Contributions. To the extent that an eligible rollover distribution includes amounts that are not includible in gross income, such an amount shall constitute an eligible rollover distribution to the extent that (i) it is transferred in a direct trustee-to-trustee transfer to a qualified trust or to an annuity contract described in IRC Section 403(b), and such trust or contract provides for separate accounting for amounts so transferred (and earnings thereon), including separately accounting for the portion of such distribution that is includible in gross income and the portion of such distribution that is not so includible, or (ii) such portion is transferred to an individual retirement account described in IRC Section 408(a) or an individual retirement annuity described in IRC Section 408(b) (other than an endowment contract).

PART XIII.

By amending Section 10 of the Act (codified in the Code of De Kalb County, Georgia, Appendix B. Section 910) entitled "Same--Contributions by participants" by adding a new sentence to the end thereof to read as follows:

Participants who have contributions made by payroll deduction shall not be entitled under any circumstances to receive such contributions in cash in lieu of having them contributed to the plan. Such contributions shall be made pursuant to IRC Section 414(h) and shall be treated as employer contributions in determining their federal income tax treatment. Such contributions by participants shall be 100% vested for all purposes under the plan.

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PART XIV.

By amending Section 16 of the Act (codified in the Code of DeKalb County, Georgia, Appendix B, Section 918) entitled "Credit for military service" by deleting subsections (a), (b), (c), (d) and (e) and substituting the following new subsections (a), (b), (c) and (d) in lieu thereof, to read as follows:

(a) The plan will grant continuous service for a period of military service in accordance with the requirements of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA),O.C.G.A. 38-2-279(f), and any other related federal or state laws, to a participant who was a current DeKalb County officer, employee or deputy when such military service commenced and who satisfies all terms and conditions to obtain such continuous service under one or more of those laws, and will grant the participant an accrued benefit for such a period of military service if and to the extent that the participant or his beneficiary or estate makes up any required participant contributions as provided below. Such a participant, or the beneficiary or estate of a deceased participant, shall have the right to make up the participant's missed contributions and thereby receive an accrued benefit for a period equal to the participant's period of military service, up to the maximum number of years permitted under applicable laws. The participant, beneficiary or estate must notify the pension board of the desire to repay the missed participant contributions.

(b) A participant seeking to exercise a legal right to make up required participant contributions to obtain an accrued benefit for a period of military service shall make such contributions either in one lump sum payment or in installments paid during a period that ends no longer than five (5) years after the period of military service ends. If the participant died during the period of military service, a beneficiary or legal representative of the participant's estate seeking to exercise a legal right to make up required participant contributions to obtain an accrued benefit for the participant's period of military service shall make such contributions no later than one year following proof of the participant's death. Make-up contributions for participants who are reemployed by the county after military service may be deducted from the participant's salary or other compensation on a pre-tax basis.

(c) The amount of participant contributions required to obtain an accrued benefit for a period of military service shall be the amount of contributions that the participant would have been required to make during that period of military service if he had been continuously employed with the county during that period, calculated using the participant contribution rate(s) that were applicable during that period and the pay rate(s) the employee would have received during that period. If the determination of said pay rate(s) is not reasonably certain, the pay rate used to calculate the amount of

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COUNTY HOME RULE ORDINANCES

participant contributions to be paid shall be the participant's average rate of compensation during the 12-month period (or period of county employment, if shorter) immediately preceding his military service.

(d) To the extent required or permitted by applicable law, a participant shall be required to inform the county in writing before entering military service in order to be eligible for continuing service as described above.

PART XV.

By amending the Code of DeKalb County, Georgia, Appendix B, Section 933, by deleting subsections (1) and (2) of subsection 933(a) and substituting the following new subsections (1) and (2) in lieu thereof, to read as follows:

(1) Limit on hours of postretirement employment in a calendar year

(A) If a participant exceeds one thousand forty (1040) hours of postretirement county employment in calendar year 2010, 2011, or 2012, the participant's benefits under this plan shall be discontinued for the remainder of each such calendar year in which the participant exceeds the one thousand forty hour limit, beginning with the month after the participant exceeds that limit.

(B)If a participant exceeds four hundred sixteen (416) hours of postretirement county employment in any calendar year after 2012, the participant's benefits under this plan shall be discontinued for the remainder of that calendar year, beginning with the month after the participant exceeds the four hundred sixteen (416) hour limit.

(2) Limit on postretirement county salary and/or wages in a calendar year

(A) If a participant earns postretirement county salary and/or wages in calendar year 2010, 2011 or 2012 that exceed fifty (50) percent of the participant's last preretirement annual base salary from the county, the participant's benefits under this plan shall be discontinued for the remainder of each such calendar year in which the participant's county salary and/or wages exceed that limit, beginning with the month after the participant's postretirement county salary and/or wages exceed that limit.

(B)If a participant earns postretirement county salary and/or wages in any calendar year after 2012 that exceed twenty (20) percent of the participant's last preretirement annual base salary from the county, the participant's benefits under this plan shall be

GEORGIA LAWS 2013 SESSION

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discontinued for the remainder of that calendar year, beginning with the month after the participant's postretirement county salary and/or wages exceed that limit.

PART XVI.

By amending the Code of DeKalb County, Georgia, Appendix B, Section 933, to insert the following new subsection (a)(5) between subsection 933(a)(4) and the last (unnumbered) sentence of subsection 933(a):

(5) In any calendar year (after 2011) that begins after a participant has reached the age of sixty-two (62) years, the restrictions in subsections (1), (2), and (3) of this section 933(a) shall not apply to that participant. However, if a participant over age sixty-two (62) at the beginning of a calendar year (after 2011) earns postretirement county salary and/or wages in that calendar year that exceed the larger of the two amounts described in (A) and (B) below, the participant's benefits under this plan shall be discontinued for the remainder of that calendar year, beginning with the month after the participant's postretirement county salary and/or wages for the calendar year exceed the larger of the following two amounts:

(A) the amount equal to the county salary and/or wages the participant earned during the participant's last full calendar year of preretirement county employment (excluding any payout for unused annual leave) minus twelve months of the participant's monthly retirement benefit as calculated under this plan for the current calendar year; or

(B) the amount that equals fifty (50) percent of the participant's last preretirement annual base salary from the county.

PART XVII.

By amending the Code of DeKalb County, Georgia, Appendix B, Section 933, to add the following sentence at the end of section 933(a):

For purposes of this section 933, "preretirement" refers to the period before a participant first received a pension benefit under section 8(b)(1), 8(b)(2), 8(b)(3) or 8(b)(3.5) of this plan [section 908(b)(1), 908(b)(2), 908(b)(3), or 908(b)(3.5) of this appendix].

PART XVIII.

By adding a new Section 934 entitled "Right to Amend" to read as follows:

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COUNTY HOME RULE ORDINANCES

Sec. 934 Right to Amend.

DeKalb County reserves the right to modify, alter, or amend the plan from time to time, to any extent that it may deem advisable (except as prohibited by law), including, but not limited to, any amendment deemed necessary to insure the continued qualification of the plan under the Internal Revenue Code.

PART XIX. REPEALER.

All laws or parts of laws in conflict with this ordinance are hereby repealed.

PART XX. SEVERABILITY.

Should any part, portion, or paragraph of this ordinance be declared unconstitutional or void by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this ordinance not so declared to be invalid, but the same shall remain in full force and effect as if separately adopted.

PART XXI. ADOPTION PROCESS.

This ordinance shall be presented to the Board of Commissioners of DeKalb County, Georgia for adoption at two regular, consecutive meetings of the County Commissioners, held not less than seven (7) nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment shall have been published in the official organ of DeKalb County once a week for three (3) weeks within a period of sixty (60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment is on file in the office of the Clerk of Superior Court of DeKalb County for the purpose of examination and inspection by the public.

PART XXII. DATES OF ADOPTION.

This ordinance shall be first presented to the Board of Commissioners of DeKalb County, Georgia on the 10th day of July, 2012, and again on the 24th day of July, 2012, at the regular time and place of the meeting of the Board of Commissioners of DeKalb County, Georgia.

PART XXIII. FILING.

A copy of this ordinance shall be filed with the Clerk of the DeKalb County Superior Court for the purpose of examination and inspection by the public, along with sufficient copies of same for distribution to those members of the public.

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PART XXIV. EFFECTIVE DATE.

The provisions of this ordinance shall become effective when a copy of this ordinance, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which such notice was published are filed with the Secretary of State.

ADOPTED by the DeKalb County Board of Commissioners this 24 day of July, 2012.

s/ LARRY JOHNSON LARRY JOHNSON, MPH Presiding Officer Board of Commissioners DeKalb County, Georgia

APPROVED by the Chief Executive Officer of DeKalb County, Georgia this 26 day of July, 2012.

s/ BURRELL ELLIS W. BURRELL ELLIS, Jr. Chief Executive Officer DeKalb County, Georgia

ATTEST: s/ BARBARA H. SANDERS BARBARA H. SANDERS CCC Clerk to the Board of Commissioners and Chief Executive Officer DeKalb County, Georgia

APPROVED AS TO SUBSTANCE:

s/ JOEL GOTTLIEB Joel Gottlieb Director of Finance DeKalb County, Georgia

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COUNTY HOME RULE ORDINANCES

APPROVED AS TO FORM:

s/ LAURA K. JOHNSON Laura K. Johnson Chief Assistant County Attorney DeKalb County, Georgia

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF DEKALB

Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn 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 DeKalb County Pension Board

was published in said newspaper on the following date(s): 06/28/12, 07/05/12, 07/12/12

s/ CAROLYN JERNIGAN GLENN CAROLYN J. GLENN, PUBLISHER

Sworn to and subscribed before me this 07/12/12.

s/ Jacqueline Bryant Notary Public My commission expires September 22, 2014 [SEAL]

PUBLIC NOTICE The public is hereby notified that action is underway by the DeKalb County Board of Commissioners to amend certain provisions of a local act of the General Assembly (1962 Ga. Laws p. 3088, et seq., as amended) relating to the creation of the "DeKalb County Pension Board". Specifically, this proposed amendment clarifies procedures for certain pension board vacancies; adds or clarifies certain definitions; updates Pension Code provisions based on United States tax law and regulations; clarifies certain distinctions between terms applicable to those who became participants before September 1, 2005 and those who became participants thereafter; updates Pension Code provisions based on military leave law;

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adjusts restrictions on retirees' work for the county while receiving county pension benefits; and reserves the right to amend for tax law compliance and other lawful purposes.

The public is hereby further notified that this amendment will be considered by the DeKalb County Board of Commissioners at its regular July 10, 2012 and July 24, 2012 meetings. Pursuant to the provisions of the Home Rule for Counties Amendment of the Georgia Constitution, it is necessary for the Board of Commissioners to adopt an ordinance containing an amendment to a local act of the General Assembly at two regular consecutive meetings held not less than seven (7) nor more than sixty (60) days apart.

The public is hereby further notified that a copy of said proposed amendment is on file in the office of the clerk of DeKalb County Superior Court, DeKalb Courthouse, Decatur, Georgia, for public examination and inspection, and that upon written request, copies are available from the Clerk of the DeKalb County Superior Court for interested members of the public.

Filed in the Office of the Secretary of State August 29, 2012. __________

HOME RULE ORDINANCES
OF MUNICIPAL CORPORATIONS

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CITY OF TIFTON REDISTRICTING.

CITY OF TIFTON

ORDINANCE NO. 2011-13

[ORDINANCE TO AMEND CHARTER BY HOME RULE-ELECTION DISTRICTS]

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF TIFTON BY ADJUSTING ELECTION DISTRICTS CONSISTENT WITH COUNCIL DISTRICT BOUNDARIES SUBMITTED TO THE U.S. DEPARTMENT OF JUSTICE FOR PRE-CLEARANCE FOLLOWING THE 2010 DECENNIAL CENSUS; TO REPEAL ALL OTHER ACTS AND ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES.

WHEREAS, the City of Tifton, Georgia, a municipal corporation of the State of Georgia (the "City") operates pursuant to the Constitution and laws of the State of Georgia and its Charter, approved April 4, 1997 (Ga. L. 1997, p. 3970), as amended; and

WHEREAS, the City has now determined that it is necessary to make certain amendments to its Charter pursuant to its home rule powers granted pursuant to Article IX, Section II, Paragraph II of the Constitution of the State of Georgia and O.C.G.A. Sections 36-35-1 through 36-35-7.

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TIFTON, GEORGIA AND IT IS HEREBY ORDAINED, by the authority of the same, as follows:

Section 1. The Charter of the City of Tifton, Georgia, which was established by an Act creating a Charter for the City of Tifton, Georgia, approved on April 4, 1997 (Ga. L. 1997, p. 3970), as amended, is hereby amended by substituting new election district boundaries identified herein as Exhibit "A" and denominated under Section 7.17 of the Charter as "Appendix D."

Section 2. All portions of the Charter or amendments thereto or all ordinances in conflict herewith be and same are hereby repealed.

Section 3. If any part of this ordinance shall be declared void, it is the intent and purpose hereof that all other provisions not so declared void shall remain in full force and effect.

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MUNICIPAL HOME RULE ORDINANCES

Section 4. The Clerk of the City is hereby authorized and directed to cause a notice, a copy of which is attached hereto as Exhibit "A" and hereby incorporated by reference, to be published in The Tifton Gazette, the official newspaper in which Sheriff's advertisements are published in Tift County, in which the City is located, once a week for three weeks within a period of sixty days immediately preceding the day of the final adoption of this ordinance. The Clerk of the City is also hereby authorized and directed to cause the publisher of The Tifton Gazette to execute an affidavit of such publication.

Section 5. Prior to adoption of this ordinance, all election district boundaries adjusted following the 2010 decennial census have previously been pre-cleared by the United States Department of Justice consistent wit the Voting Rights Act of 1965 and other applicable federal law.

This ordinance was introduced and read at a lawful meeting of the Council of the City of Tifton held on October 3, 2011 and read the second time, passed, and adopted in like meeting held on November 7, 2011.

s/ JAMIE CATER, JR. J. G. "Jamie" Cater, Jr. Mayor, City of Tifton

APPROVED as to Form: s/ G. C. SOWELL Gregory C. Sowell City Attorney

Attest: s/ RONA MARTIN Rona Martin City Clerk [SEAL]

EXHIBIT A

e-mail dated June 8th
Subject: Original Council District Profiles
Here is the information you requested:
Population District 1 = 4343 District 2 = 4554 District 3 = 3838 District 4 = 3615

e-mail dated June 9th Subject: Plan 2 Statistics
Population District 1 = 4,131 District 2 = 4,140 District 3 = 4,146 District 4 = 3,933

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Deviance from optimal District 1 = 255 District 2 = 466 District 3 = -250 District 4 = -473
Deviance Percentage from optimal District 1 = 6.23% District 2 = 11.39% District 3 = -6.11% District 4 = -11.57%
White population District 1 = 3027 District 2 = 3230 District 3 = 499 District 4 = 1796
White percentage of district District 1= 69.69% District 2 = 70.92% District 3 = 13.00% District 4 = 49.68%
Black population District 1= 939 District 2 = 828 District 3 = 3112 District 4 = 1055
Black percentage of district District 1= 21.62% District 2 = 18.18% District 3 = 81.08% District 4 = 29.18%

Deviance from Optimal District 1 = 43 District 2 = 52 District 3 = 58 District 4 = -155
Deviance Percentage from Optimal District 1 = 1.05% District 2 = 1.27% District 3 = 1.41% District 4 = -3.79%
Caucasian Population District 1 = 2,663 District 2 = 3,017 District 3 = 614 District 4 = 2,258
Caucasian Population Percentage in District District 1 = 64.46% District 2 = 72.87% District 3= 14.89% District 4 = 57.41%
Black Population District 1 = 965 District 2 = 796 District 3 = 3,136 District 4 = 1,037
Black Population Percentage in District District 1= 23.35% District 2 = 19.22% District 3 = 75.63% District 4 = 26.36%

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MUNICIPAL HOME RULE ORDINANCES

District #1

Tract: 9603.

Block: 3003, 3066, 3067, 3069, 3071, 3072, 3132, 4000, 4001, 4003, 4004, 4005, 4007, 4008, 4009, 4010

Tract: 9604.

Block: 2000, 2001, 2002, 2003, 2004, 2010, 2011, 2012, 2013, 2014, 3004, 3005, 3006, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3022, 3023, 3024, 3027, 3029, 3031, 3032, 3033, 3034, 3035, 3036, 3039, 3042, 3043, 3044, 3046, 3047, 3048, 4016, 4026, 4027, 4028, 4029, 4030, 4031, 4032, 4033, 4034, 4035, 4036, 4037, 4038, 4039, 4040, 4042, 4043, 4044, 4045, 4046, 4047, 4048, 4049, 4050, 4051, 4052, 4053, 4054, 4055, 4056, 4057, 4058, 4059, 4065, 5000, 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

District #2

Tract: 9603.

Block: 1041, 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, 3004, 3037, 3038, 3039, 3045, 3046, 3047, 3048, 3053, 3054, 3055, 3056, 3057, 3058, 3059, 3060, 3061, 3062, 3063, 3064, 3065, 3070, 3073, 3074, 3075, 3076, 3077, 3078, 3079, 3080, 3081, 3082, 3084, 3085, 3087, 3091, 3092, 3093, 3094, 3097, 3098, 3099, 3100, 3101, 3102, 3103, 3104, 3106, 3107, 3108, 3109, 3110, 3113, 3114, 3115, 3116, 3117, 3118, 3119, 3121, 3122, 3123, 3124, 3135, 3126, 3127, 3129, 3130, 3131, 3133, 3134, 3135, 3136, 3137, 3138, 3139, 3143, 3144, 3145, 3146, 3147, 3148, 4002, 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, 6000, 6001, 6002, 6003, 6004, 6005, 6006, 6007, 6008, 6009, 6010, 6011, 6012, 6013, 6014, 6015, 6016, 6017, 6018, 6034, 6035

Tract: 9607.

Block: 2016, 2021, 2022, 2023, 2031, 2032, 2037, 2038, 2040, 2045, 2047, 2051, 2052, 2053, 2054, 2073, 2076, 2195

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District #3

Tract: 9602.

Block: 1058, 1076 Tract: 9606

Block: 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2046, 2047, 2048, 2049, 2051, 2052, 2060, 2071, 3003, 4000

Tract: 9607.

Block: 1002, 1003, 1004, 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, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 2019, 2020, 2029, 2030, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2064, 2065, 2066, 2067, 2068, 2070, 2071, 2072, 2077, 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, 2114, 2118, 2119, 2120, 2121, 2122, 2123, 2124, 2125, 2126, 2127, 2129, 2131, 2134, 2135, 2136, 2138, 2150, 2151, 2155, 2156, 2157, 2160, 2161, 2162, 2164, 2165, 2184, 2190, 3000, 3001, 3002, 3003, 3004, 3005, 3008, 3013, 3015, 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, 4027, 4028, 4029, 4030, 4031, 4035

Tract: 9608.

Block:1000

Tract: 9609.

Block: 3026, 3033

District #4

Tract: 9603.

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MUNICIPAL HOME RULE ORDINANCES

Block: 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, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 4006, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 4023, 4024, 4025, 6019, 6020, 6021, 6022, 6023, 6024, 6025, 6026, 6027, 6028, 6029, 6030, 6031, 6032, 6033, 6036

Tract: 9604.

Block: 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, 1036, 1036, 2005, 2006, 2007, 2008, 2009, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, 5009, 5010, 5011, 5012, 5013, 5014, 5015, 5016, 5017, 5018, 5019, 5020, 5021, 5022, 5023, 5024

Tract: 9606.

Block: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 2001, 2002, 2003, 2004, 2005, 2008, 2009, 2010, 2011, 2013, 2015, 2016, 2017, 2018, 2019, 2020, 2023, 2028, 2053

Tract: 9607.

Block 1000, 1001, 1008

AFFIDAVIT

I, Angela Lynch, Public Notice Manager, do hereby certify that the legal Advertisement(s) for Notice of Intention To Amend Charter were published in The Tifton Gazette on 10/1, 8, 15/2011

Subscribed and sworn to me, in the County of Lowndes in the State of Georgia on this day 18th day of October 2011.

s/ DEBORAH RITZMAN Notary Signature

s/ A. LYNCH Public Notice Manager

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February 18, 2015 Commission Expires [SEAL]

NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF TIFTON, GEORGIA
BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY KNOWN AS
"THE MUNICIPAL HOME RULE ACT OF 1965"

CITY OF TIFTON COUNTY OF TIFT STATE OF GEORGIA

Notice is hereby given that an ordinance will be introduced on October 3, 2011 and read for final adoption on November 7, 2011 to amend the Charter of the City of Tifton, Georgia, which was created by an Act on April 4, 1997 (Ga. L. 1997, p. 3970), as amended, so as to adjust election districts consistent with those Council district boundaries submitted to the U. S. Department of Justice for pre-clearance following the 2010 decennial census.

A copy of this proposed amendment to the Charter of the City of Tifton, Georgia is on file in the office of the Clerk of the City of Tifton, and is on file in the office of the Clerk of the Superior Court of Tift County, Georgia, for the purpose of examination and inspection by the public, all as required by law. A copy of the ordinance will be filed with the Georgia Secretary of State upon passage.

This 27th day of September, 2011.

Rona Martin City Clerk City of Tifton, Georgia

Filed in the office of the Clerk of Tift Superior Court on September 27, 2011.

Filed in the Office of the Secretary of State December 19, 2011. __________

4588

MUNICIPAL HOME RULE ORDINANCES

CITY OF PINE LAKE ESTABLISH ARTS AND CULTURAL PROGRAMS; REVISE OATH OF OFFICE; REVISE PROVISIONS REGARDING REMOVAL OF CITY OFFICIALS; EXTEND POWERS OF MAYOR AND COUNCIL.

ORDINANCE # 01-2012

ORDINANCE AMENDING THE CHARTER OF THE CITY OF PINE LAKE TO ADD THE POWER TO ESTABLISH ARTS AND CULTURAL PROGRAMS; TO CHANGE THE OATH OF OFFICE TO COMPLY WITH STATE LAW; TO CHANGE PROVISIONS CONCERNING REMOVAL OF CITY OFFICIALS; TO EXTEND THE POWERS OF THE MAYOR TO PROVIDE CERTAIN ORGANIZATIONAL POWERS; TO EXTEND THE POWER OF THE CITY COUNCIL TO SET BY ORDINANCE THE CREATION OF CERTAIN NON-ELECTIVE STAFFING AND TO PRESCRIBE THE FUNCTIONS THEREOF, TO ALLOW FOR ACTING DIRECTORS OF DEPARTMENTS AND TO SET THE DURATION OF THEIR SERVICE; TO ALLOW THE MAYOR TO SUSPEND ANY DIRECTOR FOR ETHICAL VIOLATIONS; TO PROVIDE THE MAYOR WITH THE POWER TO RECOMMEND CANDIDATES TO THE CITY COUNCIL FOR CITY ATTORNEY; TO REMOVE THE CITY CLERK FROM SUPERVISION BY THE DIRECTOR OF ADMINISTRATION; TO PROVIDE FOR SEVERABILITY, CODIFICATION, AN EFFECTIVE DATE AND FOR OTHER PURPOSES

Whereas, the State Legislature has provided cities the power to amend their state granted charters pursuant to OCGA Section 36-35-3(b)(1) subject to certain limitations set forth in OCGA Section 36-35-6; and

Whereas, the City Council of the City of Pine Lake has determined it to be in the best interests of the City to change certain provisions of its Charter as allowed and permitted by State Law; and

Whereas, the changes contemplated herein are administrative in nature and not prohibited by the limitations set forth in OCGA Section 36-35-6; and

Whereas, the Mayor has directed the City Attorney to provide the appropriate notices to the legal organ of DeKalb County and the Clerk of the Superior Court; and

Whereas, this Ordinance will be considered at two consecutive meetings of the City Council and will not come into effect until it has been adopted at both meetings,

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Now, therefore, be it ordained by the Mayor and City Council of the City of Pine Lake as set forth in the following:

Section One.

To amend Article I, Section 1.12 of the Charter to add a new paragraph (42) as follows:

"(42) Cultural programs. The power to establish arts and cultural programs for the citizens of Pine Lake and to provide for the funding thereof."

Section Two.

A. To amend Article II, Section 2.18 by deleting said section in its entirety and substituting the following in lieu thereof:

"Section 2.18. Organization. The City Council shall hold an organizational meeting on the first Tuesday after January 1
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 swear or affirm that I will faithfully perform the duties of (Council Member)(Mayor) for the City of Pine Lake during my term of office; that I am not the holder of any unaccounted for public money due the State of Georgia or any political subdivision or authority thereof; that I am not the holder of any office of trust under the government of the United States or any other state or any foreign state which I may, by the laws of the State of Georgia, be prohibited from holding; that I am otherwise qualified to hold the office to which I have been elected according to the constitution and laws of Georgia; that I will support the Constitution of the United States and of the State of Georgia; that I am a resident of the City of Pine Lake; and I will enforce the Charter and ordinances of the City of Pine Lake to the best of my skill and ability.'".

B. To amend Article II, Section 2.29 by adding thereto an additional paragraph as set forth in the following:

"(11) The mayor shall provide council with an organizational chart that identifies all directors and the departments of city government that have been legally activated."

Section Three

A. To amend Article III, Section 3.10 as set forth in the following:

(1) By deleting therefrom subparagraph (a) and substituting in lieu thereof the following:

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MUNICIPAL HOME RULE ORDINANCES

"(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 non-elective offices as necessary for proper administration of the government."

(2) By deleting therefrom subparagraph (d) and substituting in lieu thereof the following:

"(d) There shall be a director of each department."

(3) By adding the following to the existing provisions of subparagraph (e) which shall otherwise remain as codified:

"...Acting directors may serve until a quorum of the City Council affirmatively requests a permanent director to be appointed, subject to regular City Council approval."

(4) By adding to paragraph 3.10 a new subsection (f) as set forth in the following:

"(f) The Mayor may temporarily suspend any director or other direct reports for ethics violations. Permanent suspension or termination of select employees is provided for in other provisions of this Section. Unless specifically otherwise addressed, the Mayor has full authority to suspend or terminate direct reports."

B. To amend Article III, Section 3.12 by deleting therefrom the last paragraph in that Section and substituting the following in lieu thereof:

..... "The Mayor, as chief executive officer of the City, shall use the city's administrative
resources to identify candidates and to present recommendations to the City Council as to appointment of a City Attorney. The recommendation of the Mayor is subject to confirmation by the City Council. The City Attorney shall be responsible for reviewing and approving all contracts, pursuant to related ordinances. The City Attorney shall provide legal advice to the Mayor, City Council, Director of Administration, Chief of Police and the City Clerk upon request of the Mayor except on issues germane to investigations of the Mayor, whereby authority is given to the Mayor Pro Tem."

C. To amend Article III, Section 3.14 by deleting said Section and substituting the following in lieu thereof:

"Section 3.14. City Clerk

The Mayor shall appoint a City Clerk who shall not be a member of the City Council, said appointment being subject to confirmation by the City Council. The City Clerk shall be the

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custodian of the official city seal; maintain City Council records required by this Charter; and perform such other duties as are imposed upon that officer by state law. Except as otherwise provided by this Charter or by law, the City Clerk shall not be subject to termination or removal by the Mayor or the City Council acting alone, but only upon the joint action of the Mayor and a concurring majority of the City Council sitting at a regularly scheduled meeting of the City Council."

Section Four.

To amend Article V, Section 5.16 (b)(1) by deleting said subparagraph and substituting the following in lieu thereof:

"(b)(1) Following a charge against an elected official upon one or more of the grounds listed in subparagraph (a), the elected official shall be notified of the charges in writing. The City Council (without participation by any charged member) shall appoint a committee consisting of five citizens who are not elected officials to conduct an investigation of the charges and said commission shall issue a report of its findings to the Mayor and City Council within ten days of its appointment. The elected official charged shall have a right to a public hearing before the City Council to be held within ten days of receipt by the Mayor and City Council of the report from the citizens committee. The charged elected official shall have the right of counsel, the right to examine witnesses, and the power to subpoena persons or physical evidence. 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 DeKalb County. Such appeal shall be governed by the same rules as govern appeals to the Superior Court from the Probate Court; or"

Section Five.

In the event any portion of this ordinance shall be declared or adjudged invalid or unconstitutional for any reason, it is the intention of the City Council of the City of Pine Lake that such adjudication shall in no manner affect the other sections, sentences, clauses or phrases of this Ordinance which shall remain in full force and effect, as if the invalid or unconstitutional section, sentence, clause or phrase were not originally a part of this Ordinance.

Section Six.

This Ordinance shall be effective upon successful compliance with the requirements of OCGA Section 36-35-3(b)(l).

So ORDAINED this 9th day of January, 2012.

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s/ KATHIE DENOBRIGA Kathie deNobriga, Mayor

____________________________ Melanie Hammet, Mayor Pro-Tem

s/ Megan Pulsts Megan Pulsts, Council Member

s/ CINDY DIAMOND Cindy Diamond, Council Member

s/ BRIAN CARR Brian Carr, Council Member

Attest:

s/ GEORGE CHIDI George Chidi, Council Member

s/ VALERIE CALDWELL Valerie Caldwell, City Clerk Adopted by Council 1-9-13

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, CITY OF PINE LAKE was published in said newspaper on the following date(s):

11/24/11,12/01/11,12/08/11

s/ CAROLYN JERNIGAN GLENN CAROLYN J. GLENN, PUBLISHER

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Sworn to and subscribed before me this 12/08/11.

s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2014 (Seal)

PUBLIC NOTICE.

The City of Pine Lake, Georgia, is considering an ordinance to amend its charter pursuant to the home rule powers granted it by state law. A synopsis of the proposed amendment is as follows:
To add the power to establish arts and cultural programs; to change the oath of office of elected officials to comply with state law; to change provisions concerning the removal of city officials; to extend the powers of the Mayor to provide certain organizational powers; to extend the power of the City Council to set by ordinance the creation of certain non-elective staffing and to prescribe the functions thereof, to allow for acting directors of departments and to set the duration of their service; to allow the Mayor to suspend any Director for ethical violations; to provide the Mayor with the power to recommend candidates to the City Council for City Attorney; to remove the City Clerk from supervision by the Director of Administration; to provide for severability, codification, an effective date and for other purposes.
This Public Notice is given in compliance with OCGA Section 36-35-3(b)(1). The amending ordinance will be considered at the regular meetings of the City Council in December, 2011 and January, 2012. A copy of the Ordinance can be obtained from the City Clerk of the City of Pine Lake or may be viewed in the Office of the Clerk of the Superior Court, DeKalb County, Georgia, where it is held for public examination and inspection.

F. Jackson Rhodes, Jr., City Attorney by direction of the Mayor and City Council Pine Lake, Georgia

Filed in the Office of the Secretary of State January 17, 2012. __________

CITY OF ATLANTA REDISTRICTING.

A SUBSTITUTE ORDINANCE 11-O-1827
BY COMMITTEE ON COUNCIL AS AMENDED BY FULL COUNCIL

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AN ORDINANCE ADOPTED BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965, GA. L. 1965, P. 298, ET SEQ., O.C.G.A. 36- 35-3(1)(b), AS AMENDED, AND AS REQUIRED BY FURTHER AUTHORITY OF O.C.G.A. 36-35-4.1, SO AS TO AMEND 5-201 OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, GA. L. 1996, P. 4469, ET SEQ., AS AMENDED, BY STRIKING IN ITS ENTIRETY APPENDIX I THERETO RELATING TO THE BOUNDARIES OF COUNCIL DISTRICTS AND INSERTING IN LIEU THEREOF A NEW APPENDIX I ADOPTING THE NEW OFFICIAL COUNCIL DISTRICTS MAP IDENTIFIED AS PLAN 6 AS AMENDED WITH RELATED POPULATION SUMMARY REPORT, A PLAN COMPONENTS REPORT (OUTLINING VOTING TABULATION DISTRICTS/VTDs) AND THE BOUNDARY DESCRIPTIONS OF COUNCIL DISTRICTS 1 THROUGH 12, AS REQUIRED BY CITY OF ATLANTA CHARTER SECTION 5-202 FOLLOWING THE 2010 UNITED STATES DECENNIAL CENSUS; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

WHEREAS, Chapter 2, Section 5-201 of the Charter of the City of Atlanta, Georgia (1996 Ga. L. (Act No. 1019), p. 4469, et seq.) as amended, sets forth the twelve (12) City Council Districts and Residency Posts for the three (3) At-large Members of the Atlanta City Council; and

WHEREAS, Appendix I to Charter Section 5-201 describes the boundaries of said City Council Districts; and

WHEREAS, O.C.G.A. 36-35-4.1 requires the City Council to amend the Charter of the City of Atlanta by ordinance to reapportion/redistrict its election districts following publication of the U.S. Decennial Census; and

WHEREAS, Chapter 2, Section 5-202 of the Charter of the City of Atlanta, Georgia (1996 Ga. L. (Act No. 1019), p. 4469, et seq.) as amended, further provides that following the publication of the 2010 United States decennial census the City Council shall reapportion/redistrict the Council Districts in accordance with the specifications provided in Subsection (b) of said Charter Section; and

WHEREAS, pursuant to Charter Section 5-202 (a) the reapportionment/redistricting of Council Districts shall be effective for the election of members to the City Council at the next regular general municipal election following the publication of the decennial census; and

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WHEREAS, the next general municipal election shall be held on Tuesday, November 5, 2013, to elect a mayor, city council president, and city council members to retain municipal court judges; and

WHEREAS, O.C.G.A. 36-35-4.1 and Charter Section 5-202 define the process following the decennial census as "reapportionment," however this terminology is not entirely accurate inasmuch as reapportionment is said to mean reallocation of federal and state representative seats, and does not entail the actual redrawing of district lines within a state or municipality; and

WHEREAS, the term "redistricting," which is defined as the redrawing of new political boundaries or district lines to appropriately and proportionately distribute precincts within a political subdivision in a manner that is reflective of population changes, more accurately describes the process of redrawing the council districts within the City of Atlanta; and

WHEREAS, it is the intent of the Council that the term "redistricting" should be included in the description of the reapportionment process affecting the Council Districts within the City of Atlanta; and

WHEREAS, the Council of the City of Atlanta has created, studied, reviewed six (6) variations of maps in this current 2011 Redistricting Process; and

WHEREAS, by vote of the Atlanta City Council on November 21, 2011 adopted an ordinance with the new City Council District map identified as Plan 2. But during the period between the two lawfully required adoptions of a charter amending ordinance, various members of Council sought to create another map; and

WHEREAS, the Council duly filed the ordinance with attached map identified as Plan 2; and

WHEREAS, the Council of the City of Atlanta has chosen to replace Ordinance 11-O-1670 with this Ordinance 11-O-1827 and to attach Plan6 as amended as the new City Council District Map identified as Appendix I to this ordinance.

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS, as follows:

Section One: That the boundaries of the Atlanta City Council districts be reapportioned, redistricted in accordance with O.C.G.A. 36-35- 4.1, Charter Section 5-202 and the 2010 United States Decennial Census as shown on the new official Council Districts Map

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MUNICIPAL HOME RULE ORDINANCES

identified as Plan 6 with related Population Summary Report (attached hereto as Exhibit "A" and made a part hereof).

Section Two: That the existing boundary descriptions of Council Districts 1 through 12 as identified in Charter Section 5- 201 and as specifically described and set forth in Appendix I to the Charter of the City of Atlanta be hereby deleted in their entirety and that the new Official Council District Map identified as Plan 6 as amended with related Population Summary Report along with the Plan Components Report (outlining voting tabulation districts/VTDs) and new boundary descriptions of Council Districts 1 through 12 (attached hereto as Exhibits A and B respectively and both made a part hereof) be inserted in lieu thereof as Appendix I to the Charter, as required by O.C.G.A. 36-35-4.1(b) and Section 5-202 of the Charter of the City of Atlanta.

Section Three: A copy of this proposed amendment to the Charter of the City of Atlanta, Georgia 1996 Ga. L. (Act No. 1019), p. 4469, et seq. as amended, shall be filed in the Office of the Municipal Clerk and the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, and that "Notice of Proposed Amendment to Charter of the City of Atlanta, Georgia" (attached hereto as Exhibit "C" and 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, 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.

ADOPTED as amended by the Atlanta City Council APPROVED as per City Charter Section 2-403

Feb. 06, 2012 Feb. 15, 2012

A true copy,

s/ FERIS WEBB III

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11-O-1827 Exhibit A

Plan 6 as Amended Map

11-O-1827 Exhibit "A" Plan 6 Population Summary Report

Plan Name: Atlantacitycou-import-201 Plan Type: local User: bak Administrator: atlanta

DISTRICT

POPULATION DEVIATION

% DEVIATION

BLACK

% BLACK

TOTAL BLACK

% TOTAL BLACK

HISP OR LATINO

% HISP

001

33,600

-1,400

-4.00%

21,795

64.87%

22,235

66.18%

2,506

7.46%

VAP 24,960

15,118

60.57%

15,372

61.59%

1.880

7.53%

002

36,626

1,626

4.65%

10,208

27.87%

10,737

29.32%

1,814

4.95%

VAP 33,347

8,810

26.42%

9,225

27.66%

1,565

4.69%

003

36,617

1,617

4.62%

21,867

59.72%

22,389

61.14%

1,224

3.34%

VAP 32,020

17,801

55.59%

18,219

56.90%

1,077

3.36%

004

33,359

-1,641

-4.69%

28,611

85.77%

29,110

87.26%

830

2.49%

VAP 27,459

22,934

83.52%

23,347

85.02%

743

2.71%

005

33,611

-1,389

-3.97%

16,611

49.42%

17,079

50.81%

1,136

3.38%

VAP 28,756

13,729

47.74%

14,073

48.94%

972

3.38%

006

36,203

1,203

3.44%

4,579

12.65%

4,927

13.61%

4,295

11.86%

VAP 30,499

4,119

13.51%

4,373

14.34%

3,024

9.92%

007

36,296

1,296

3.70%

4,331

11.93%

4,682

12.90%

2.557

7.04%

VAP 30,930

3,795

12.27%

4,027

13.02%

1,967

6.36%

008

36,696

1,696

4.85%

2,759

7.52%

2,966

8.08%

1,114

3.04%

VAP 29,141

2,455

8.42%

2,613

8.97%

869

2.98%

009

34,369

-631

-1.80%

21,164

61.58%

21,608

62.87%

2,704

7.87%

VAP 25,740

15,091

58.63%

15,369

59.71%

1,779

6.91%

010

33,331

-1,669

-4.77%

30,985

92.96%

31,390

94.18%

1,731

5.19%

VAP 24,738

23,135

93.52%

23,390

94.55%

1,111

4.49%

011

36,012

1,012

2.89%

34,550

95.94%

34,996

97.18%

554

1.54%

VAP 26,647

25,509

95.73%

25,787

96,77%

371

1.39%

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MUNICIPAL HOME RULE ORDINANCES

012

33,283

VAP 24,356

Total Population: 420,003 Ideal V alue: 35,000 Summary Statistics Population R ange: 33,283 to 36,696 Absolute Range: -1,717 to 1,696 Absolute O verall R ange 3,413 Relative Range -4.91% to 4.85% Relative Overall Range 9.75%

-1,717

-4.91%

29,434 21,275

88.44% 87.35%

29,829 21,516

89.62% 88.34%

1,350 932

4.06% 3.83%

11-O-1827 Exhibit B

Plan 6 as Amended Council District Boundary Description

Atlanta City Council District Boundary Descriptions

District 1

All of that portion of Fulton County bounded and described as follows: Beginning at the point of intersection of Edgewood Ave NE and Park Pl S SE, and proceeding easterly along Edgewood Ave NE to Peachtree Center Ave NE, and proceeding southerly along Peachtree Center Ave NE to Gilmer St SE, and proceeding easterly along Gilmer St SE to Jesse Hill Jr Dr SE, and proceeding southerly along Jesse Hill Jr Dr SE to CSX Railroad, and proceeding easterly along CSX Railroad to the northbound I-75 On-Ramp, and proceeding southerly along the On-Ramp to Martin St SE, and proceeding southerly along Martin St SE to Memorial Dr SE, and proceeding easterly along Memorial Dr SE to Boulevard SE, and proceeding southerly along Boulevard SE to I-20, and proceeding easterly along I-20 to Bill Kennedy Way SE, and proceeding southerly along Bill Kennedy Way SE to Glenwood Ave SE, and proceeding easterly along Glenwood Ave SE to the DeKalb/Fulton county line, and proceeding southerly along the DeKalb/Fulton county line to South River, and proceeding westerly along South River to Macon Dr SW, and proceeding northerly along Macon Dr SW to Lakewood Ave SE, and proceeding easterly along Lakewood Ave SE to Shadydale Ave SE, and proceeding northerly along Shadydale Ave SE to Claire Dr SE, and proceeding westerly along Claire Dr SE to Claire Dr SW, and proceeding westerly along Claire Dr SW to Pryor Cir SW, and proceeding northerly along Pryor Cir SW to Pryor Rd, and proceeding northerly along Pryor Rd to CSX Railroad (A&WP Beltline), and proceeding easterly along CSX Railroad to Capitol Ave SW, and proceeding northerly along Capitol Ave SW to Norfolk Southern Railway, and proceeding westerly along Norfolk Southern Railway to Fortress Ave SW, and proceeding northerly along Fortress Ave SW to Adamson St SW, and proceeding northerly along Adamson St SW to Doane St SW, and proceeding westerly along Doane St SW to Windsor St SW, and proceeding northerly along Windsor St SW to Hendrix

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Ave SW, and proceeding easterly along Hendrix Ave SW to Cooper St SW, and proceeding northerly along Cooper St SW to Dodd Ave SW, and proceeding easterly along Dodd Ave SW to Central Ave SW, and proceeding northerly along Central Ave SW to Bass St SW, and proceeding easterly along Bass St SW to I-75, and proceeding northerly along I-75 to Fulton St SW, and proceeding easterly along Fulton St SW to Capitol Ave SE, and proceeding northerly along Capitol Ave SE to Martin Luther King Jr Dr SE, and proceeding westerly along Martin Luther King Jr Dr SE to Washington St SW, and proceeding northerly along Washington St SW to CSX Railroad, and proceeding westerly along CSX Railroad to Pryor St SE, and proceeding northerly along Pryor St SE to Park Pl S SE, and proceeding northerly along Park Pl S SE to the point of beginning.

District 2

All of that portion of DeKalb County bounded and described as follows: Beginning at the point of intersection of the Fulton/DeKalb county line with the property line separating 633 Moreland Ave NE and 1181 Fairview Rd NE, and proceeding easterly along the property lines to Clifton Ter NE, and proceeding easterly along Clifton Ter NE to Clifton Rd NE, and proceeding southerly along Clifton Rd NE to DeKalb Ave NE, and proceeding easterly along DeKalb Ave NE to Arizona Ave NE, and proceeding southerly along Arizona Ave NE to CSX Railroad, and proceeding westerly along CSX Railroad to the Fulton/DeKalb county line, and proceeding northerly along the Fulton/DeKalb county line to the point of beginning. All of that portion of Fulton County bounded and described as follows: Beginning at the point of intersection of 17th St and I-75, and proceeding easterly along 17th St to W Peachtree St NW, and proceeding southerly along W Peachtree St NW to 14th St NE, and proceeding easterly along 14th St NE to Piedmont Rd NE, and proceeding southerly along Piedmont Rd NE to 10th St NE, and proceeding easterly along 10th St NE to a driveway into the Henry W Grady High School campus approximately 480 feet east of Charles Allen Dr NE, and proceeding southerly through the campus to the intersection of Vedado Way NE and 8th St NE, and proceeding easterly along 8th St NE to Monroe Dr NE, and proceeding southerly along Monroe Dr NE to Ponce de Ison Ave NE, and proceeding easterly along Ponce de Leon Ave NE to the DeKalb/Fulton county line, and proceeding southerly along the DeKalb/Fulton county line to CSX Railroad, and proceeding westerly along CSX Railroad to Boulevard SE, and proceeding northerly along Boulevard SE to Edgewood Ave NE, and proceeding westerly along Edgewood Ave NE to Jackson St NE, and proceeding northerly along Jackson St NE to Auburn Ave NE, and proceeding westerly along Auburn Ave NE to Fort St NE, and proceeding northerly along Fort St NE to Irwin St NE, and proceeding easterly along Irwin St NE to Jackson St NE, and proceeding northerly along Jackson St NE to Freedom Parkway NE, and proceeding easterly along Freedom Parkway NE to Boulevard NE, and proceeding northerly along Boulevard NE to Ralph McGill Blvd, and proceeding westerly along Ralph McGill Blvd to Peachtree St, and proceeding southerly along Peachtree St to Peachtree Center Ave NE, and proceeding southerly along Peachtree

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Center Ave NE to Edgewood Ave NE, and proceeding westerly along Edgewood Ave NE to Park Pl S SE, and proceeding southerly along Park Pl S SE to Pryor Rd, and proceeding southerly along Pryor Rd to CSX Railroad, and proceeding westerly along CSX Railroad to Andrew Young International Blvd, and proceeding easterly along Andrew Young International Blvd to Williams St NW, and proceeding northerly along Williams St NW to I-75, and proceeding northerly along I-75 to the point of beginning.

District 3

All of that portion of Fulton County bounded and described as follows: Beginning at the point of intersection of Peachtree Rd and Norfolk Southern Railway, and proceeding southerly along Peachtree Rd to W Peachtree St NW, and proceeding southerly along W Peachtree St NW to 17th St, and proceeding westerly along 17th St to I-75, and proceeding southerly along I-75 to North Ave NW, and proceeding westerly along North Ave NW to Norfolk Southern Railway, and proceeding southerly along Norfolk Southern Railway to Centennial Olympic Park Dr NW, and proceeding westerly along Centennial Olympic Park Dr NW to Mitchell St SW, and proceeding easterly along Mitchell St SW to Elliott St SW, and proceeding southerly along Elliott St SW to Nelson St SW, and proceeding southerly along Nelson St SW to Walker St SW, and proceeding southerly along Walker St SW to Fair St SW, and proceeding westerly along Fair St SW to Atlanta Student Movement Blvd NW, and proceeding westerly along Atlanta Student Movement Blvd NW to Walnut St SW, and proceeding northerly along Walnut St SW to Martin Luther King Jr Dr SW, and proceeding westerly along Martin Luther King Jr Dr SW to Chappell Rd NW, and proceeding northerly along Chappell Rd NW to CSX Railroad, and proceeding westerly along CSX Railroad to Hamilton E Holmes Dr NW, and proceeding northerly along Hamilton E Holmes Dr NW to Baker Rd NW, and proceeding easterly along Baker Rd NW to North Ave NW, and proceeding easterly along North Ave NW to CSX Railroad, and proceeding northerly along CSX Railroad to Norfolk Southern Railway, and proceeding westerly along Norfolk Southern Railway to the point of beginning.

District 4

All of that portion of Fulton County bounded and described as follows: Beginning at the point of intersection of North Ave NW and Norfolk Southern Railway, and proceeding easterly along North Ave NW to I-75, and proceeding southerly along I- 75 to Williams St NW, and proceeding southerly along Williams St NW to Andrew Young International Blvd, and proceeding westerly along Andrew Young International Blvd to CSX Railroad, and proceeding easterly along CSX Railroad to Courtland St SW, and proceeding southerly along Courtland St SW to Martin Luther King Jr Dr SE, and proceeding easterly along Martin Luther King Jr Dr SE to Capitol Ave SE, and proceeding southerly along Capitol Ave SE to Fulton St SW, and proceeding westerly along Fulton St SW to I-75, and proceeding southerly

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along I-75 to Bass St SW, and proceeding westerly along Bass St SW to Central Ave SW, and proceeding southerly along Central Ave SW to Dodd Ave SW, and proceeding westerly along Dodd Ave SW to Cooper St SW, and proceeding southerly along Cooper St SW to Hendrix Ave SW, and proceeding westerly along Hendrix Ave SW to Windsor St SW, and proceeding southerly along Windsor St SW to Doane St SW, and proceeding easterly along Doane St SW to Adamson St SW, and proceeding southerly along Adamson St SW to Fortress Ave SW, and proceeding southerly along Fortress Ave SW to Norfolk Southern Railway, and proceeding westerly along Norfolk Southern Railway to the shared railroad right-of-way of Norfolk Southern Railway and CSX Railroad, and proceeding southerly along the shared railroad right-of-way of Norfolk Southern Railway and CSX Railroad to the north property line of Fort McPherson, and proceeding westerly along said property line to Ingram St SW, and proceeding westerly along Ingram St SW to property line, and proceeding westerly along property line to Venetian Dr SW, and proceeding westerly along Venetian Dr SW to Centra Villa Dr SW, and proceeding northerly along Centra Villa Dr SW to Cascade Rd, and proceeding easterly along Cascade Rd to Cascade Cir SW, and proceeding northerly along Cascade Cir SW to Cascade Rd, and proceeding easterly along Cascade Rd to Ralph David Abernathy Blvd, and proceeding northerly along Ralph David Abernathy Blvd to Anderson Ave SW, and proceeding northerly along Anderson Ave SW to CSX Railroad, and proceeding easterly along CSX Railroad to Chappell Rd NW, and proceeding southerly along Chappell Rd NW to Martin Luther King Jr Dr SW, and proceeding easterly along Martin Luther King Jr Dr SW to Walnut St SW, and proceeding southerly along Walnut St SW to Atlanta Student Movement Blvd SW, and proceeding easterly along Atlanta Student Movement Blvd SW to Fair St SW, and proceeding easterly along Fair St SW to Walker St SW, and proceeding northerly along Walker St SW to Nelson St SW, and proceeding easterly along Nelson St SW to Elliott St SW, and proceeding northerly along Elliott St SW to Mitchell St SW, and proceeding westerly along Mitchell St SW to Centennial Olympic Park Dr SW, and proceeding northerly along Centennial Olympic Park Dr SW to Norfolk Southern Railway, and proceeding northerly along Norfolk Southern Railway to the point of beginning.

District 5

All of that portion of DeKalb County bounded and described as follows: Beginning at the point of intersection of S Ponce de Leon Ave NE and Clifton Rd NE, and proceeding easterly along S Ponce de Leon Ave NE to the Atlanta city line, and proceeding southerly (keeping the Atlanta City Limits on the right) along the Atlanta city line to the Fulton/DeKalb county line, and proceeding northerly along the Fulton/DeKalb county line to CSX Railroad, and proceeding easterly along CSX Railroad to Arizona Ave NE, and proceeding northerly along Arizona Ave NE to DeKalb Ave NE, and proceeding westerly along DeKalb Ave NE to Clifton Rd NE, and proceeding northerly along Clifton Rd NE to the point of beginning. All of that portion of Fulton County bounded and described as follows: Beginning at the point

4602

MUNICIPAL HOME RULE ORDINANCES

of intersection of Ralph McGill Blvd NE and Peachtree St, and proceedng easterly along Ralph McGill Blvd NE to Boulevard NE, and proceeding southerly along Boulevard NE to Freedom Pkwy NE, and proceeding westerly along Freedom Pkwy NE to Jackson St NE, and proceeding southerly along Jackson St NE to Irwin St NE, and proceeding westerly along Irwin St NE to Fort St NE, and proceeding southerly along Fort St NE to Auburn Ave NE, and proceeding easterly along Auburn Ave NE to Jackson St NE, and proceeding southerly along Jackson St NE to Edgewood Ave NE, and proceeding easterly along Edgewood Ave NE to Boulevard SE, and proceeding southerly along Boulevard SE to CSX Railroad, and proceeding easterly along CSX Railroad to the DeKalb/Fulton county line, and proceeding southerly along the DeKalb/Fulton county line to Glenwood Ave SE, and proceeding westerly along Glenwood Ave SE to Bill Kennedy Way SE, and proceeding northerly along Bill Kennedy Way SE to I-20, and proceeding westerly along I-20 to Boulevard SE, and proceeding northerly along Boulevard SE to Memorial Dr SE, and proceeding westerly along Memorial Dr SE to Martin St SE, and proceeding northerly along Martin St SE to I-75 On-Ramp, and proceeding northerly along I-75 On-Ramp to CSX Railroad, and proceeding westerly along CSX Railroad to Jesse Hill Jr Dr SE, and proceeding northerly along Jesse Hill Jr Dr SE to Gilmer St SE, and proceeding westerly along Gilmer St SE to Peachtree Center Ave NE, and proceeding northerly along Peachtree Center Ave NE to Peachtree St, and proceeding northerly along Peachtree St to the point of beginning.

District 6

All of that portion of DeKalb County bounded and described as follows: 1. Beginning at the point of intersection of the Druid Hills/Atlanta census designated place/city line and the Fulton/DeKalb county line (the northwest corner of 1036 Rosedale Rd NE), and proceeding easterly along the Druid Hills/Atlanta census designated place/city line to S Ponce de Leon Ave NE, and proceeding westerly along S Ponce de Leon Ave NE to Clifton Rd NE, and proceeding southerly along Clifton Rd NE to Clifton Ter NE, and proceeding westerly along Clifton Ter NE to the northern property line of Candler Park, and proceeding westerly along said property line and other rear property lines to the Fulton/DeKalb county line, and proceeding northerly along the Fulton/DeKalb county line to the point of beginning. 2. As well as beginning at the point of intersection of the North Druid Hills/Atlanta census designated place/city line and the Fulton/DeKalb county line (northwest corner of 1824 Homestead Ave NE), and proceeding easterly along the North Druid Hills/Atlanta census designated place/city line to the Druid Hills/Atlanta census designated place/city line, and proceeding southerly along the Druid Hills/Atlanta census designated place/city line to the Fulton/DeKalb county line, and proceeding northerly along the Fulton/DeKalb county line to the point of beginning. 3. As well as beginning at the point of intersection of the North Druid Hills/Atlanta census designated place/city line and the Fulton/DeKalb county line (northwest corner of

GEORGIA LAWS 2013 SESSION

4603

1842 Homestead Ave NE), and proceeding easterly along the North Druid Hills/Atlanta census designated place/city line to the Fulton/DeKalb county line, and proceeding northerly along the Fulton/DeKalb county line to the point of beginning. All of that portion of Fulton County bounded and described as follows: Beginning at the point of intersection of Piedmont Rd NE and Norfolk Southern Railway/Amtrak RR, and proceeding southerly along Piedmont Rd NE to Sidney Marcus Blvd NE, and proceeding easterly along Sidney Marcus Blvd NE to Buford Hwy NE, and proceeding easterly along Buford Hwy NE to the DeKalb/Fulton county line, and proceeding southerly along the DeKalb/Fulton county line to Ponce de Leon Ave NE, and proceeding westerly along Ponce de Leon Ave NE to Monroe Dr NE, and proceeding northerly along Monroe Dr NE to 8th St NE, and proceeding westerly along 8th St NE to the intersection of 8th St NE and Vedado Way NE, and proceeding northerly across the Henry W Grady High School campus to the driveway entrance into the campus at 10th St NE, and proceeding westerly along 10th St NE to Piedmont Rd NE, and proceeding northerly along Piedmont Rd NE to 14th St NE, and proceeding westerly along 14th St NE to W Peachtree St NW, and proceeding northerly along W Peachtree St NW to Peachtree Rd, and proceeding northerly along Peachtree Rd to the Railroad Right-of-Way lying to the north of Peachtree Valley Rd NE, and proceeding easterly along the Railroad Right-of-Way to Norfolk Southern Railway/Amtrak RR, and proceeding northerly along Norfolk Southern Railway/Amtrak RR to the point of beginning.

District 7

All of that portion of DeKalb County bounded and described as follows: Beginning at the point of intersection of the North Atlanta/Atlanta census designated place/city line and the Fulton/DeKalb county line (on the northern property line of 4118 E Brookhaven Dr NE), and proceeding easterly along the North Atlanta/Atlanta census designated place/city line to the Fulton/DeKalb county line, and proceeding northerly along the Fulton/DeKalb county line to the point of beginning. All of that portion of Fulton County bounded and described as follows: Beginning at the point of intersection of the Sandy Springs/Atlanta city line and Roswell Rd, and proceeding easterly along the Sandy Springs/Atlanta city line to the DeKalb/Fulton county line, and proceeding southerly along the DeKalb/Fulton county line to Buford Hwy NE, and proceeding southerly along Buford Hwy NE to Sidney Marcus Blvd NE, and proceeding westerly along Sidney Marcus Blvd NE to Piedmont Rd NE, and proceeding northerly along Piedmont Rd NE to Norfolk Southern Railway/Amtrak RR, and proceeding southerly along Norfolk Southern Railway/Amtrak RR to the Railroad Right-of-Way lying to the south of Peachtree Creek, and proceeding westerly along the Railroad Right-of-Way to Peachtree Rd, and proceeding northerly along Peachtree Rd to Roswell Rd, and proceeding northerly along Roswell Rd to the point of beginning.

4604

MUNICIPAL HOME RULE ORDINANCES

District 8

All of that portion of Fulton County bounded and described as follows: Beginning at the point of intersection of the Sandy Springs/Atlanta city line and the Cobb/Fulton county line, and proceeding easterly along the Sandy Springs/Atlanta city line to Roswell Rd, and proceeding southerly along Roswell Rd to Peachtree Rd, and proceeding southerly along Peachtree Rd to Norfolk Southern Railway/Amtrak RR, and proceeding westerly along Norfolk Southern Railway/Amtrak RR to Northside Dr NW, and proceeding northerly along Northside Dr NW to I-75, and proceeding westerly along I-75 to Peachtree Creek, and proceeding westerly along Peachtree Creek to Bohler Rd NW, and proceeding northerly along Bohler Rd NW to Battleview Dr NW, and proceeding westerly along Battleview Dr NW to the property line between 1380 and 1383 Battleview Dr NW, and proceeding westerly along the property line to Peachtree Creek, and proceeding westerly along Peachtree Creek to Ridgewood Rd NW, and proceeding southerly along Ridgewood Rd NW to Coronet Way NW, and proceeding westerly along Coronet Way NW to CSX Railroad, and proceeding westerly along CSX Railroad to the Cobb/Fulton county line, and proceeding northerly along the Cobb/Fulton county line to the point of beginning.

District 9

All of that portion of Fulton County bounded and described as follows: Beginning at the point of intersection of Peachtree Creek and Ridgewood Rd NW, and proceeding easterly along Peachtree Creek to the property line between 1380 and 1383 Battleview Dr NW, and proceeding easterly along the property line to Battleview Dr NW, and proceeding easterly along Battleview Dr NW to Bohler Rd NW, and proceeding southerly along Bohler Rd NW to Peachtree Creek, and proceeding easterly along Peachtree Creek to I-75, and proceeding southerly along 1-75 to Northside Dr NW, and proceeding southerly along Northside Dr NW to Norfolk Southern Railway/Amtrak RR, and proceeding westerly along Norfolk Southern Railway/Amtrak RR to CSX Railroad, and proceeding southerly along CSX Railroad to North Ave NW, and proceeding westerly along North Ave NW to Baker Rd NW, and proceeding westerly along Baker Rd NW to Hamilton E Holmes Dr NW, and proceeding northerly along Hamilton E Holmes Dr NW to Baker Ridge Dr NW, and proceeding westerly along Baker Ridge Dr NW to Waterford Rd NW, and proceeding northerly along Waterford Rd NW to Sandy Creek, and proceeding westerly along Sandy Creek to the Atlanta city line, and proceeding northerly along the Atlanta city line to the Cobb/Fulton county line, and proceeding northerly along the Cobb/Fulton county line to CSX Railroad, and proceeding easterly along CSX Railroad to Coronet Way NW, and proceeding easterly along Coronet Way NW to Ridgewood Rd NW, and proceeding northerly along Ridgewood Rd NW to the point of beginning.

GEORGIA LAWS 2013 SESSION

4605

District 10

All of that portion of Fulton County bounded and described as follows: Beginning at the point of intersection of Sandy Creek and the Atlanta city line, and proceeding easterly along Sandy Creek to Waterford Rd NW, and proceeding southerly along Waterford Rd NW to Baker Ridge Dr NW, and proceeding easterly along Baker Ridge Dr NW to Hamilton E Holmes Dr NW, and proceeding southerly along Hamilton E Holmes Dr NW to CSX Railroad, and proceeding easterly along CSX Railroad to Anderson Ave SW, and proceeding southerly along Anderson Ave SW to Ralph David Abernathy Blvd, and proceeding easterly along Ralph David Abernathy Blvd to Cascade Rd, and proceeding westerly along Cascade Rd to Cascade Ter SW, and proceeding westerly along Cascade Ter SW to Clearvue Ter SW, and proceeding northerly along Clearvue Ter SW to Rosemary Ave SW, and proceeding northerly along Rosemary Ave SW to Beecher St SW, and proceeding westerly along Beecher St SW to Beecher Rd SW, and proceeding westerly along Beecher Rd SW to Cascade Rd, and proceeding westerly along Cascade Rd to the Atlanta city line, and proceeding northerly along the Atlanta city line to the point of beginning.

District 11

All of that portion of Fulton County bounded and described as follows: Beginning at the point of intersection of the East Pont/Atlanta city line and Fort valley Dr SW, and proceeding southerly along the Atlanta city line to Cascade Rd, and proceeding easterly along Cascade Rd to Beecher Rd SW, and proceeding northerly along Beecher Rd SW to Beecher St SW, and proceeding easterly along Beecher St SW to Rosemary Ave SW, and proceeding southerly along Rosemary Ave SW to Clearvue Ter SW, and proceeding southerly along Clearvue Ter SW to Cascade Ter SW, and proceeding easterly along Cascade Ter SW to Cascade Rd, and proceeding westerly along Cascade Rd to Cascade Cir SW, and proceeding westerly along Cascade Cir SW to Cascade Rd, and proceeding westerly along Cascade Rd to Centra Villa Dr SW, and proceeding southerly along Centra Villa Dr SW to Venetian Dr SW, and proceeding easterly along Venetian Dr SW to Pinehurst Dr SW, and proceeding southerly along Pinehurst Dr SW to Fort Valley Dr SW, and proceeding southerly along Fort Valley Dr SW to the point of beginning.

District 12

All of that portion of Fulton County bounded and described as follows: 1. Beginning at the point of intersection of Norfolk Southern Railway H-Line and CSX Railroad near the intersection of Peters St SW and McDaniel St SW, and proceeding southerly along Norfolk Southern Railway H-Line to Capitol Ave SW, and proceeding southerly along Capitol Ave SW to CSX Railroad (A&WP Beltline), and proceeding westerly along CSX Railroad to Pryor Rd, and proceeding southerly along Pryor Rd to Pryor

4606

MUNICIPAL HOME RULE ORDINANCES

Cir SW, and proceeding southerly along Pryor Cir SW to Claire Dr SW, and proceeding easterly along Claire Dr SW to Claire Dr SE, and proceeding easterly along Claire Dr SE to Shadydale Ave SE, and proceeding southerly along Shadydale Ave SE to Lakewood Ave SE, and proceeding westerly along Lakewood Ave SE to Macon Dr SW, and proceeding easterly along Macon Dr SW to South River, and proceeding easterly along South River to the DeKalb/Fulton county line, and proceeding southerly along the DeKalb/Fulton county line to the Clayton/Fulton county line, and proceeding westerly along the Clayton/Fulton county line to the Hapeville/Atlanta city line, and proceeding northerly along the Hapeville/Atlanta city line to the East Point/Atlanta city line, and proceeding northerly along the East Point/Atlanta city line to Fort Valley Dr SW, and proceeding westerly along Fort Valley Dr SW to Pinehurst Dr SW, and proceeding northerly along Pinehurst Dr SW to Venetian Dr SW, and proceeding easterly along Venetian Dr SW to the northern property line of Fort McPherson, and proceeding easterly along the property line to Ingram St SW, and proceeding easterly along Ingram St SW to the property line, and proceeding easterly along the property line to CSX Railroad, and proceeding northerly along CSX Railroad to the point of beginning. 2. As well as beginning at the point of intersection of the Hapeville/Atlanta city line and the East Point/Atlanta city line at N Inner Loop Rd, and proceeding easterly along the Hapeville/Atlanta city line to the Clayton/Fulton county line, and proceeding westerly along the Clayton/Fulton county line to the College Park/Atlanta city line, and proceeding northerly along the College Park/Atlanta city line to the East Point/Atlanta city line, and proceeding northerly along the East Point/Atlanta city line to the point of beginning.

11-O-1827 Exhibit "B" - Plan Components Report

Plan:

Atlantacitycou-import-2011

Plan Type: local

Administrator atlanta

User:

bak

PLAN COMPONENTS REPORT (short format) Thursday, December 22, 2011

11:37 AM

District 001 Fulton County
VTD: 12101A-01A 1009 1010 1011 1012 1013 1014 1015 1022 1023 1024 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 3010 3011 3030

GEORGIA LAWS 2013 SESSION
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 VTD: 12101B - 01B VTD: 12101C -01C 1000 1001 1002 1013 1014 1016 1017 1000 1001 1002 1003 1004 1005 1016 1017 1018 1027 1028 1032 1033 1034 1035 1036 1037 1038 1039 3000 3001 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 4000 4001 4002 4005 4006 4007 4008 4009 VTD: 12101D - 01D VTD: 12101E - 01E VTD: 12101F - 01F VTD: 12101G - 01G VTD: 12101J - 01J VTD: 12101P1 -01P1 VTD: 12101P2 - 01P2 VTD: 12101R - 01R VTD: 12101S - 01S VTD: 12101T- 01T VTD: 12105B - 05B 1014 1015 1016 1017 1018 1023 1025 1027 1028 1038 1041 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1011 1012 1013 1014 1015 1016 1017 1018 1021 1023 1024 1025 VTD: 12105C - 05C 2054 2056 2074 2075 2076 2077 2078 2081 2084 2085 2087
District 002 DeKalb County
VTD: 089EE - EPWORTH(ATL) 1017 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
VTD: 089LE - MARY LIN ELEM 2013 2014 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013

4607

4608

MUNICIPAL HOME RULE ORDINANCES

Fulton County VTD: 12102B -02B 1003 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 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2057 2058 2059 2060 2061 1019 1020 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 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 2055 2079 2080 VTD: 12102C-02C 1002 1003 1004 1005 2000 2001 3000 3001 3002 3003 3004 VTD: 12102D - 02D 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1022 1023 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 1000 1001 2002 2003 2004 2005 2006 1003 1004 VTD: 12102E - 02E VTD: 12102F1 - 02F1 VTD: 12102F2 - 02F2 VTD: 12102G - 02G VTD: 12102L1 - 02L1 VTD: 12102L2 - 02L2 VTD: 12102S - 02S 2000 2001 2003 2004 1009 1015 1016 1026 1028 1029 1032 1033 1034 1035 1036 1000 1001 1002 1003 1004 1005 1010 1011 1012 1013 1014 1022 1023 VTD: 12102W -02W 1073 1074 1082 1083 VTD: 12106A - 06A VTD: 12l06G - 06G 1002 1003 1004 1005 1006 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 3000 3001 3002 3003 3004 3005 3006 3007 VTD: 12106K - 06K

GEORGIA LAWS 2013 SESSION
District 003 Fulton County
VTD: 12102W -02W 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 1075 1076 1077 1078 1080 1000 1013 1914
VTD: 12102X - 02X VTD: 12103Al - 03A1 VTD: 12103B1 - 03B1 VTD: 12103B2 - 03B2 VTD: 12103C - 03C VTD: 12103D - 03D VTD: 12103E - 03E VTD: 12103F - 03F VTD: 12103G - 03G VTD: 12103H - 03H VTD: 12103L - 03L VTD: 12103M - 03M
1000 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 1065 1069 1070 3027 VTD: 12103N - 03N VTD: 12103P1 - 03P1 VTD: 12103P2- 03P2 VTD: 12103S - 03S VTO: 12103T - 03T
District 004 Fulton County
VTD: 12102A - 02A VTD: 12102J - 02J VTD: 12103A2 - 03A2 VTD: 12103U - 03U

4609

4610

MUNICIPAL HOME RULE ORDINANCES

VTD: 12104A - 04A VTD: 12104B - 04B VTD: 12104D - 04D VTD: 12104G - 04G VTD: 12104K - 04K VTD: 12104L- 04L VTD: 12104M - 04M
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1019 1020 VTD: 12104S - 04S VTD: 12l04T - 04T VTD: 12104V - 04V VTD: 12104W - 04W VTD: 12104X1 - 04X1 VTD: 12104X2 - 04X2

District 005 DeKalb County
VTD: 089BB - BOULEVARD (ATL) VTD: 089BR - BURGESS ELEMENTARY VTD: 089CN - COAN MIDDLE VTD: 089EA - EAST LAKE ELEM VTD: 089EE - EPWORTH(ATL)
1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 1033 VTD: 089MT - METROPOLITAN VTD: 089OK - OAKHURST(DEC) 3010 1031 VTD: 089WE - WHITEFOORD ELEMENTARY Fulton County VTD: 12101A - 01A 3038 VTD: 12102B - 02B 2040 2055 2056 2000 2023 2024 2026 VTD: 12102C - 02C 1006 1007 1010 1011

GEORGIA LAWS 2013 SESSION
VTD: 12102D-02D 1021 1012 1013
VTD: 12102S - 02S 1008 1009 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 2002 2005 2006 2007 2008 2009 2010 1007 1008
VTD: 12105A- 05A VTD: 121058 - 05B
1001 1009 1010 1011 1012 1013 1029 1030 VTD: 12105C - 05C
2057 2058 2059 2060 2061 2082 2083 VTD: 12105F - 05F
District 006 DeKalb County
VTD: 089BC - BRIAR VISTA ELEMENTARY 1015
VTD: 089EE - EPWORTH (ATL) 1013 1014 1015 1116 1001
VTD: 089JA - JOHNSON ESTATES VTD: 089LE - MARY LIN ELEM
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1018 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 1000 3013 Fulton County VTD: 12106B - 06B VTD: 12106D - 06D VTD: 12106E- 06E VTD: 12106F - 06F VTD: 12106G - 06G 1001 1007 1008 1009 1010 1011 10l2 1013 1014 VTD: 12106H - 06H VTD: 12106J - 06J VTD: 12106L- 06L

4611

4612

MUNICIPAL HOME RULE ORDINANCES

VTD: 12106R - 06R VTD: 12106S - 06S VTD:12107E - 07E
3015 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 VTD: 12107Kl -07Kl 3000 3001 3014 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 2001 2002 2003 2004 2005 2006 3000 VTD: 12107K2 - 07K2

District 007 DeKalb County
VTD: 089SE - SILVER LAKE 2012
Fulton County VTD: 12107A - 07A VTD: 12107B - 07B VTD: 12107C - 07C VTD: 12107D - 07D VTD: 12107E - 07E 1000 1001 1002 1003 1004 1005 1006 1007 2013 2014 2015 2016 3000 3001 3002 3003 3004 3005 3006 VTD: 12107F - 07F VTD: 12107G - 07G VTD: 12107H - 07H VTD: 12107J - 07J VTD: 12107Kl - 07Kl 2000 VTD: 12107M1 - 07M1 VTD: 12107M2 - 07M2 VTD: 12107N - 07N

District 008 Fulton County
VTD: 12108A- 08A 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1018 1019 1020 1025

GEORGIA LAWS 2013 SESSION
1008 1009 1010 2002 2005 2007 2009 2011 2012 2013 2014 2015 2016 2019 2020 2021 2022 2023 2024 2025 2026 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 1023 1024 1029 VTD:12108B-08B 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 2000 2001 2002 2003 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 1022 1003 1004 1009 1010 1011 1013 1014 1015 1016 1017 2011 2012 2013 20l4 2015 2016 2017 2018 2019 2028 2029 2030 2033 2034 VTD: 12108C - 08C VTD: 12108D - 08D VTD: 12108E - 08E VTD: 12108F - 08F VTD: 12108G - 08G VTD: 12108H - 08H VTD: 12108J - 08J VTD: 12108K - 08K VTD: 12108L - 08L VTD: 12108M - 08M VTD: 12108N - 08N VTD: 12108P - 08P 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 3000 3001 3002 3003 3004 3005 3006 3016 3017
District 009 Fulton County
VTD: 12103M - 03M 1063
VTD: 12103R - 03R VTD: 12108P - 08P
3007 3008 3009 3010 3011 3012 3013 3014 3015 3018 3019 3020 3021 3026 4009 4010 4011 4012 4020 4021 4022 4023 4024 4025 4026 VTD: 12109A - 09A VTD: 12109B - 09B 3000 3001 3002 4000 4001 4007 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2020

4613

4614

MUNICIPAL HOME RULE ORDINANCES

1028 VTD: 12109C - 09C VTD: 12109D - 09D VTD: 12109E - 09E VTD: 12109F - 09F VTD: 12109G - 09G VTD:12109K - 09K VTD: 12109L - 09L
1000 1001 1002 1003 1004 1005 1006 1007 1008 2014 2015 2016 2017 2018 2019 1006 1007 1008 1009 1010 1013 1014 1015 1016 1017 1018 1019 1020 1027 1029 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 VTD: 12109M - 09M VTD: 12109N - 09N

District 010 Fulton County
VTD: 12110A - 10A VTD: 12110C - 10C VTD: 12110D - 10D VTD: 12110E - 10E VTD: 12110F - 10F VTD: 12110G - 10G VTD: 12110H - 10H VTD: 12110J - 10J VTD: 12110L -10L VTD: 12110M1 - 10M1 VTD: 12110M2 - 10M2 VTD: 12110P - 10P VTD:12110R - 10R VTD: 12111Al - 11A1 VTD: 12111A2 - 11A2 VTD: 12111A3 - 11A3 VTD: 12111B1 - 11B1
3021 3033 3034 3035 VTD: 12111H1 - 11H1

GEORGIA LAWS 2013 SESSION
District 011 Fulton County
VTD: 12111B1 - 11Bl 3001 3002 3003 3004 3007 1005 1007 1010 1012 1014 1015 1030 1031 1032 4000 4001 4002 4003
VTD: 12111B2 - 11B2 VTD: 12111C - 11C VTD: 12111E1 - 11El VTD: 12111E2 - 11E2 VTD: 121113 - 11E3
3041 3042 3043 3044 3045 3050 VTD: 12111E4 - l lE4
2022 2024 2025 VTD: 12111G - 11G
2000 2006 2007 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 2000 2001 VTD: 12111H2 - 11H2 VTD: 12111J - 11J VTD: 12111K - 11K VTD: 12111L - 11L VTD: 12111M -11M VTD: 12111N - 11N VTD: 12111P - 11P VTD: 12111R - 11R VTD: 121EP08A - EP08A 3046 3047 3048 VTD: 121SC30 - SC30 1008 1009 1013 1017 1033 1034
District 012 Fulton County
VTD: 12101C - 01C 1000
VTD: 12104E - 04E VTD: 12104H - 04H VTD: 12104M- 04M
1017 1018 VTD: 12111G - 11G
1004

4615

4616

MUNICIPAL HOME RULE ORDINANCES

3029 3031 VTD: 12112A - 12A VTD: 12112B - 12B VTD: 12112C- 12C VTD: 12112D - 12D
2028 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 3002 4000 4001 4002 4003 4004 4005 4006 4007 VTD: 12112E1 - 12El VTD: 12112E2 - 12E2 VTD: 12112F - 12F VTD: 12112G - 12G VTD: 12112H - 12H VTD: 12112J - 12J VTD: 12112L - 12L VTD: 12112M - 12M VTD: 12112S - 12S VTD: 12112T - 12T VTD: 121HP01 - HP01 1023

"EXHIBIT C" NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an Ordinance (11-O-1827) 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 ADOPTED BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965, GA. L. 1965, P. 298, ET SEQ., O.C.G.A. 36-35-3(I)(b), AS AMENDED, AND AS REQUIRED BY FURTHER AUTHORITY OF O.C.G.A. 36- 35-4.1, SO AS TO AMEND 5-201 OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, GA. L. 1996, P. 4469, ET SEO., AS AMENDED, BY STRIKING IN ITS ENTIRETY APPENDIX I THERETO RELATING TO THE BOUNDARIES OF COUNCIL DISTRICTS AND INSERTING IN LIEU THEREOF A NEW APPENDIX I ADOPTING THE NEW OFFICIAL COUNCIL DISTRICTS MAP IDENTIFIED AS PLAN 6 AS AMENDED WITH RELATED POPULATION SUMMARY REPORT, A PLAN COMPONENTS REPORT (OUTLINING VOTING TABULATION DISTRICTS/VTDs) AND THE BOUNDARY DESCRIPTIONS OF

GEORGIA LAWS 2013 SESSION

4617

COUNCIL DISTRICTS 1 THROUGH 12, AS REQUIRED BY CITY OF ATLANTA CHARTER SECTION 5-202 FOLLOWING THE 2010 UNITED STATES DECENNIAL CENSUS; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

This _______day of ___ , 2012

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON Re: 1820852

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:

01/20/2012, 01/27/2012, 02/03/2012

s/ PATRICE GRANT Patrice Grant (Agent)

s/ K. Mosley Kaweemah Mosley (Notary Public) Subscribed and sworn to before me this 3rd of February, 2012. [SEAL]

PUBLIC NOTICE NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an Ordinance (11-O-1827) 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 ADOPTED BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965, GA. L. 1965, P. 298, ET SEQ., O.C.G.A. 36-35-3(l)(b), AS AMENDED, AND AS REQUIRED BY FURTHER AUTHORITY OF O.C.G.A. 36-35-4.1, SO AS TO AMEND 5-201 OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, GA. L. 1996, P. 4469, ET SEQ., AS AMENDED, BY STRIKING IN ITS ENTIRETY APPENDIX I THERETO RELATING TO THE BOUNDARIES OF COUNCIL DISTRICTS AND INSERTING IN LIEU THEREOF A NEW APPENDIX I ADOPTING THE NEW OFFICIAL COUNCIL DISTRICTS MAP IDENTIFIED AS PLAN 6 AS AMENDED WITH RELATED POPULATION SUMMARY REPORT, A PLAN COMPONENTS REPORT (OUTLINING VOTING TABULATION DISTRICTS/VTDs) AND THE BOUNDARY DESCRIPTIONS OF COUNCIL DISTRICTS 1 THROUGH 12, AS REQUIRED BY CITY OF ATLANTA CHARTER SECTION 5-202 FOLLOWING THE 20002010 UNITED STATES DECENNIAL CENSUS; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 17th day of January, 2012.

Rhonda Dauphin Johnson Municipal Clerk

PUBLISHER'S AFFIDAVIT

LEVERN MUHAMMAD 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): JANUARY 20, 2012, JANUARY 27, 2012, FEBRUARY 03, 2012.

s/ LEVERN MUHAMMAD Levern Muhammad, Legal Clerk

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SWORN TO AND SUBSCRIBED BEFORE ME, THIS 3RD DAY OF February, 2012

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-1827) 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 ADOPTED BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965, GA. L. 1965, P. 298, ET SEQ., O.C.G.A. 36-35-3(l)(b), AS AMENDED, AND AS REQUIRED BY FURTHER AUTHORITY OF O.C.G.A. 36-35-4.1, SO AS TO AMEND 5-201 OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, GA. L. 1996, P. 4469, ET SEQ., AS AMENDED, BY STRIKING IN ITS ENTIRETY APPENDIX I THERETO RELATING TO THE BOUNDARIES OF COUNCIL DISTRICTS AND INSERTING IN LIEU THEREOF A NEW APPENDIX I ADOPTING THE NEW OFFICIAL COUNCIL DISTRICTS MAP IDENTIFIED AS PLAN 6 AS AMENDED WITH RELATED POPULATION SUMMARY REPORT, A PLAN COMPONENTS REPORT (OUTLINING VOTING TABULATION DISTRICTS/VTDs) AND THE BOUNDARY DESCRIPTIONS OF COUNCIL DISTRICTS 1 THROUGH 12, AS REQUIRED BY CITY OF ATLANTA CHARTER SECTION 5-202 FOLLOWING THE 2010 UNITED STATES DECENNIAL CENSUS; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purposes of examination and inspection by the public.

GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 17th day of January, 2012.

Rhonda Dauphin Johnson Municipal Clerk

Filed in the Office of the Secretary of the State February 20, 2012.

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CITY OF WARWICK - POWERS AND DUTIES OF MAYOR.

ORDINANCE NO. 2012-____________

AN ORDINANCE ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1945, O.C.G.A. SEC. 36-35-1 et seq., AMENDING THE CHARTER OF THE CITY OF WARWICK, GEORGIA, SO AS TO RESOLVE AMBIGUITIES AND CONFLICTS IN THE CHARTER WITH REFERENCE TO THE POWERS OF THE CITY COUNCIL AND THE MAYOR; TO REPEAL ALL ORDINANCES AND CHARTER PROVISIONS IN CONFLICT; AND FOR OTHER PURPOSES.

WHEREAS there are ambiguous and conflicting provisions in the charter of the City of Warwick concerning the respective powers and authority of the city council of the city and the mayor of the city, especially and specifically between the provisions of Sections 2.28 and 2.29 specifying the powers of the mayor, and Sections 3.10 and 3.11 respecting the powers of the city council;

WHEREAS there is a need to amend the charter so as to eliminate the ambiguities and resolve the conflicting provisions so as to clarify and express the true intent of the charter respecting said relative powers;

NOW, THEREFORE, IT IS ORDAINED by the city council of the City of Warwick, Georgia, pursuant to authority of the Municipal Home Rule Act of 1945, as amended, O.C.G.A. Sec. 36-35-1 et seq;

SECTION 1.Section 2.28 of the charter of the City of Warwick, Georgia, is hereby amended by repealing Section 2.28 respecting the powers of the Mayor, and ordaining a new section 2.28 to conform to and to be consistent with other provisions of this charter, to read:

"Sec. 2.28. "Chief executive officer; powers.

"The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter, subject, however, to review, oversight, modification, and annulment of his activities and decisions by the city council. It is the purpose of this provision to clarify and conform this section to the other provisions of this charter respecting the relative powers of the city council and the mayor, so that it is clear that the ultimate authority over the affairs of the city shall remain in the city council, and that these powers of the mayor shall be subject always to that ultimate authority.

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SECTION 2. Section 2.29 of the charter of the City of Warwick, Georgia, entitled "Powers and duties of mayor." is amended by repealing subsections (2) and (3) and ordaining in lieu thereof new subsections (2) and (3) to read:

"(2) Appoint and remove all officers, department heads, and employees of the city, subject to oversight, review, and modification or annulment of such decisions by the city council, and 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, subject to oversight, review and modification or annulling of his or her decisions by the city council.

SECTION 3.All ordinances and charter provisions in conflict herewith are repealed.

SO ORDAINED THIS 17 day of April, 2012.

CITY OF WARWICK, GEORGIA

By s/ DONALD WATSON Mayor Pro Tem

(SEAL)

Attest: s/ JUDY S. MARTIN City Clerk

First Reading: 3-20-12 Second Reading: 4-17-12

AFFIDAVIT REGARDING PUBLIC NOTICE GEORGIA, WORTH COUNTY

The undersigned, after being sworn, states and deposes under oath as follows:

1. That affiant is the Editor/Authorized Representative of The Sylvester Local News, the official organ of the County of Worth, State of Georgia.

2. Attached hereto as Exhibit "A" is a true and correct copy of the PUBLIC NOTICE for THE CITY OF WARWICK that was published in The Sylvester Local News in the legal notices section thereof on MARCH 28th, APRIL 4th, APRIL 11th, and APRIL 18th, 2012.

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This 18th day of April, 2012

s\ KELLIE PARTEN EDITOR/AUTHORIZED REPRESENTATIVE, THE SYLVESTER LOCAL NEWS

Sworn to and subscribed before me This 18th day of April, 2012

s/ ODIA M. VERNOR Notary Public My commission expires: May 27, 2012 [SEAL]

PUBLIC NOTICE

The City of Warwick, Georgia, is amending the charter of the city so as to eliminate ambiguities and conflicting provisions concerning the relative powers of the mayor and the city council. A copy of the proposed amendment is on file in the office of the City Clerk and the office of the Clerk of the Superior Court for County for the purpose of examination and inspection by the public."

Filed in the office of the Secretary of State May 16, 2012. __________

CITY OF COVINGTON - CITY CHARTER; AMENDMENT AND RESTATEMENT.

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF COVINGTON; TO REPEAL ALL OTHER ACTS AND ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES.

WHEREAS, the City of Covington, Georgia, a municipal corporation of the State of Georgia (the "City"), operates pursuant to the Constitution and laws of the State of Georgia and its Charter, approved January 30, 1962, (Ga. L. 1962, p. 2003), as amended; and

WHEREAS, the City has now determined that it is necessary to make certain amendments to its Charter pursuant to its home rule powers granted under the provisions of Article IX, Section II, Paragraph II of the Constitution of the State of Georgia and O.C.G.A. Section 36-35-1 through 36-35-7;

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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 and restated as follows:

"Article I INCORPORATION AND POWER

Sec. 1. - Incorporation, name and style.

The City of Covington, in Newton County, Georgia, is hereby incorporated as a city under the name and style of the City of Covington, hereinafter referred to as "the city."

Sec. 2. - Continuation of existing laws, rights and liabilities.

All ordinances and resolutions of said city not inconsistent with this charter shall remain in full force and effect for the city until altered, amended or repealed. All property and property rights held, owned or possessed by the city and all pending suits or claims by or against said city are preserved and unaltered.

Sec. 3. - Corporate seal.

The city shall have a corporate seal which shall consist of a round metal stamp with the words "City of Covington, Newton County, Georgia, Corporate Seal" so fixed and arranged in such metal stamp that said seal can be impressed on documents and written instruments to which the city is a party. The city clerk shall have custody of the corporate seal and he or, she or their duly authorized assistant shall impress documents therewith when duly authorized.

Sec. 4. - Territorial boundaries.

The corporate limits 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 director of the Department of Planning and Zoning or such office as designated by the city manager from time to time. Such map shall be designated "Official Map of the corporate limits of the City of Covington, Georgia." Photographic, typed, or other copies of such map or description certified by the director of the Department of Planning and Zoning or city

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clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. The corporate limits of the city shall also include all property contiguous to the corporate limits now or hereinafter annexed into the corporate limits by the city council of the city pursuant to annexation ordinances duly adopted by the city council pursuant to applicable laws of the State of Georgia.

Sec. 5. - Legal publication.

After being read in the city council meeting all ordinances shall be published at least once in a newspaper of general circulation within the city and, in addition, a copy shall be posted on the bulletin board in the lobby of the city hall for a period of at least five (5) days; the newspaper publication of such ordinances may be by title only, but in such event it shall give notice that a complete copy of such ordinances shall be posted as hereinabove provided; no ordinance shall come up for passage prior to the expiration of the aforementioned five-day period; provided however, that the changing of property located within the corporate limits of the City of Covington from one use district to another use district pursuant to the zoning regulations of the City of Covington shall be expressly exempt from the foregoing publication and posting requirements.

Sec. 6. - Fire limits.

The city council shall by ordinance establish fire limits, enlarge or reduce same as the safety of the city requires. When fire limits are established it shall be lawful to prohibit the erection of any structure therein of any substance except incombustible material, or such as may be allowed by ordinance.

Sec. 7. - Real estate.

The city shall have power and authority to rent, lease, buy, sell, hold in trust or otherwise hold, dispose of or contract for the use, operation, or management of any or all buildings, parks or other real estate, whether inside or outside of the property limits of the city.

Sec. 8. - Conveyance of franchise.

No franchise granted by said city may be sold, transferred, leased, or assigned to or used by anyone other than the grantee without adequate compensation and written consent of the city council.

Sec. 9. - Specific powers enumerated.

The city shall have power and authority to:

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(a) Buy and sell water, gas, electricity and other public utilities at cost or for a profit, both within and without the territorial boundaries of the city. (b) Adopt ordinances binding on everyone within the city to protect the health, peace, safety, good order, dignity and general welfare of the city and the inhabitants thereof. (c) Exercise complete control over all the public streets, roads, ways, drives, lanes, alleys, sidewalks, crossings, and parks of the city. They shall have full and complete power and authority to open, curb, locate, relocate, replace, work, straighten, abandon, close, drain, pave and repave the same or cause the same to be done. (d) Establish a system of numbering houses in the city, and to assign appropriate street numbers to the various houses on the various streets, alleys, roads, lanes, drives and ways of the city, and to compel said houses to be properly numbered. (e) Control by ordinance the time, manner, terms, conditions, and places of all sewer connections and how much surface or drainage water may flow into such sewers, and the terms and conditions on which it will be permitted, and at what points, and generally all matters relating to the construction, use, control, maintenance, repair, replacement, improvement and removal of sewers and sewer connections, and the cutting and replacing of pavement and other adjacent structures shall at all times be under the control and regulation of the city council in its fair and legal discretion. (f) Control by ordinance the construction, maintenance and removal and replacement of all city culverts, pipes, sewers, drains, private drains, water closets, urinals, privies, toilets, and the like, and provide for their location, structure, size and use, and pass such ordinances concerning them and their use, in all particulars, as may be deemed best for the health, comfort and general welfare of the inhabitants of the city. The city council shall have power and authority to prescribe by ordinance the kind of water closets, urinals, privies and plumbing which shall be used in the corporate limits, and to condemn and compel the disuse of same when they do not conform to such requirements, or when they shall become and are declared a nuisance by a court having jurisdiction. The city council shall also have power and authority to compel the owner or owners of property within the city to connect water closets, sinks, commodes and urinals on their property with the sewers and sanitary system of said city when such property is located within a reasonable distance of such sewer, and under such rules and regulations as may be prescribed by ordinance. If any property owner shall fail or refuse to make connections as required by city ordinance or resolution, such owner shall be punished as provided by ordinance. (g) Contract with other municipalities and political subdivisions, and to cooperate with other municipalities and political subdivisions, in acquiring, establishing, constructing, building, maintaining and/or operating such garbage disposal, water, sewage, electric and/or gas plants, lines and/or facilities, and streets, sidewalks and parks within and/or without the limit of the city, as well as library and other institutions, utilities and/or services, in addition to existing plants, systems, buildings, facilities, lines and services as the city council may at any time deem for the best interest of said city.

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(h) Levy, assess and collect taxes to raise sufficient revenue to pay for the improvements, services, equipment and/or facilities provided for in any contract or agreement to which the city is or may become a party. (i) Issue and sell bonds for the purpose of paying bonds of the city and interest thereon, and for any public or other purpose allowed by the Constitution and laws of this state, and to issue and sell revenue anticipation certificates as now or hereafter allowed by law. (j) Provide by ordinance for reporting all property in the city subject to taxation by the city, whether such property be realty or personality, tangible or intangible, and to require all persons owning such property to file a written statement and description of such property with the fair market value thereof under oath. (k) Prescribe by ordinance a penalty for failure to make such return or report within the time prescribed by ordinance; provided such penalty shall not exceed the sum of double the amount of tax levied against such person or taxpayer failing to make or file such return. Such penalty shall be a lien upon property of the defaulter and shall be collected in the same manner as the taxes of the city. (l) Assess the costs of sewers (storm sewers and sanitary sewers) against abutting lots of real estate and the owners thereof on each side of a street in which such sewers are laid or constructed, when laid or constructed in a street right-of-way, and the owners of such abutting real estate shall have the right to have their drains, water closets, commodes, urinals, sinks, and toilets connected with such sewers at their cost under such rules and regulations, as the city council may prescribe by ordinance. (Ga. L. 1966, H.B. No. 73, 2 (m) Control and/or prohibit the manufacture and/or sale of all alcoholic beverages, and to tax, license, regulate and control hotels, boardinghouses, apartments, restaurants, theaters, dance halls, athletic and sporting events and places, and all other entertainment activities and places, regulate the operation of all vehicles used for pleasure or business, and garages; mills, factories, ginneries, gas and water companies; regulate the use of its streets for all purposes, and prevent their use for business, or regulate business use by taxation and otherwise, including the right to impose a reasonable license tax for the use of streets for business purposes; to prevent stock and poultry from running at large, and to seize and impound any domestic or wild animal or fowl found at large within the city limits; and to provide by proper ordinance for the redemption or sale of the same; and to adopt such ordinances as may be considered necessary to carry out the provisions of this Act. (n) Grant franchises, easements and rights-of-way over, in, under and on public streets, lanes, alleys, sidewalks, parks and other property of said city on such terms and conditions and for such lengths of time as it may fix; provided, franchises shall not be granted without fair and adequate compensation provided for in the franchise ordinance; and provided further, that no such franchise shall be granted until notice has been published at least one time one week preceding the week in which the city council meets to consider such application, stating the nature of the franchise, the streets, lanes, alleys, sidewalks, parks or other property on or through which it is desired, the terms of such grant and the time at which the city council will act upon such application.

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(o) Employ or cause to be employed a certified public accountant to examine and audit all books of account and pertinent records of all officers, employees, and agencies of said city relative to the financial affairs of the city whenever and as often as the city council shall consider proper, and shall fix his compensation. The compensation of such accountant may be fixed on an hourly or other basis before, after, or at the time of his employment. It shall require at least one examination and report every year. (p) Pave or otherwise improve the whole or any part of any street, sidewalk or alley of said city, without giving any railroad company, or other property holder or occupant on the street the option to pave or otherwise improve the same or any part thereof by themselves or by contract. (q) Provide for the abatement of nuisances. The municipal court of the city shall have jurisdiction of all nuisance abatement proceedings in the city. (r) Remove any building, stall, booth, tent, awning, steps, gate, fence, post, wire, stump, tree, structure, pole, other obstruction or nuisance in a public street, sidewalk or way or so near thereto as to constitute a defect or render the city liable in damages for not removing it, or cause the aforesaid to be removed at the owner's expense if the owner shall fail or refuse to remove the same within such reasonable time as may be fixed by order of the city municipal court judge, and execution shall issue against said owner for the expense thereof as in case of executions for unpaid taxes, and said owner shall also be subject to punishment for maintaining a nuisance. (s) Regulate, lay out, open, relocate, straighten, improve, grade, and control old and new streets, lanes, alleys, street curbing, street crossing and sidewalks, and no person or corporation shall at any time hereafter lay out, locate, relocate, open, extend, or close any street, lane, road, alley, way, sidewalk, park or square contrary to the plan of the city nor without the consent of the city council and any application for this purpose shall, with an appropriate plat, first be filed with the city engineer or such officer as the city council may designate by ordinance, and notice thereof shall be given the public or parties in interest by publication of notice as required by law and the ordinances of the city. If such application is granted, the owner shall relinquish all rights and title to the area involved and the same shall pass to and become vested in the city, and all management and control over the same shall pass unequivocally to the city. (t) Impose and collect a license and a tax on dogs within the city in such a manner and mode as it may deem best. (u) License practitioners of occupations not otherwise regulated by this state and to require examinations as conditions precedent to granting of such license; create examining boards and prescribe by ordinance the minimum requirements in such examinations, and to appoint the members of such boards. (v) Condemn or cause worn out sewers (storm sewers and sanitary sewers), street pavement, street curbing or sidewalks within the city to be condemned, reconstructed, replaced or repaired, as the case may require, at the expense of owners of lots of real estate abutting thereon (or against the real estate and owner or owners thereof for whose sole benefit such

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improvement exists in case of sewers laid solely for the benefit of persons other than owners of real estate abutting thereon) and assess the cost thereof (or in case of street paving such part of the costs as the city council shall deem just and proper) against such abutting lots of real estate and the owners thereof (or cases of sewers constructed solely for the benefit of a person or persons other than abutting lot owners, against such real estate and the owners thereof for the sole benefit of which such sewer exists), as in the case of original construction of the same kind of improvements, and subject to the provisions of section 42 hereof, below. (w) Provide, by ordinance, a civil service system for city officers and employees and/or provide by ordinance for a system of retirement for city officers and employees, which retirement system may be that of old age and survivor's insurance. (x) Regulate the subdivision of land in the city by requiring and regulating the preparation and presentation of preliminary plats, by establishing minimum improvements to be made or to be guaranteed to be made by the subdivider by setting forth the procedure to be followed by the planning commission in applying rules, regulations, and standards, and by providing for penalties for violation of aforesaid rules, regulations and standards. (y) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

Sec. 10. - Regulating vehicular traffic; parking facilities.

The city shall have the power and authority to regulate vehicular traffic and relieve congestion of the same by use of devices commonly known as parking meters, which are coin-operated devices to measure the time a vehicle occupies a designated parking area on a public street, and to use the funds derived from such devices for such purposes as the city council may deem advisable.

Sec. 11. - Utilities-Furnishing services and facilities.

The city shall have the power and authority to operate, enlarge, expand, extend, improve, construct, lay, maintain, remove, repair and replace water, electric and natural gas lines, sewer and sanitary systems and facilities, within and without the city, and to charge, contract for and receive compensation for such service, and on such terms and conditions as may be prescribed by the city ordinance, and for such purposes the city shall have the power of

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eminent domain which it is hereby authorized to exercise to acquire by condemnation any lands, easements, rights-of-way and other properties or rights therein deemed needful or convenient for any purposes when necessary to acquire the same; provided, however, nothing contained herein shall prohibit the city from passing utility rate ordinances incidental to the operation of the city's electric and natural gas systems that automatically adjust the city's billings for natural gas and/or electricity sales for fluctuations in product costs charged to the city by its electricity and/or natural gas suppliers. The city is expressly authorized to establish from time to time, by ordinance, a procedure for imposing a product cost adjustment that will automatically adjust the city's billings for natural gas and/or electricity sales for fluctuations in the product cost charged to the city by its electricity and/or natural gas suppliers. Former Sec. 16.

Sec. 12. - Owning, maintaining and operating cable television system.

The city is hereby authorized to purchase, construct, operate and maintain a system for reception, transmission and distribution of television impulses and television energy (including audio signals and video images by means of electrical impulses) within the city limits as they now exist or shall hereafter exist and throughout the current unincorporated areas of Newton County and in the other municipalities located in Newton County but subject, however, to the conditions hereinafter specified; and in connection therewith, the city is authorized to acquire by contract or purchase all equipment, towers, receivers, lines, related apparatus, all rights-of-way, easements and other property necessary to carry out these purposes including the hiring of engineering services and other consulting services incidental thereto and including the right to use all existing city rights-of-way easements and other property. The city is further authorized and empowered to furnish and supply the distribution of television impulses and television energy as aforesaid to any person, firm or corporation at the point of reception thereof by the city or at any point where the city may hereafter have means of distribution thereof. The city is further authorized and empowered to fix reasonable rules and regulations under which the same may be furnished and distributed and likewise to fix the terms upon which the same are to be furnished and the manner of payment there for; and the charges to be paid therefore will be the rate of charges to be established from time to time by resolution of the city council. Anything contained herein to the contrary notwithstanding, as a condition precedent to the city's construction and operation of what is commonly called a cable television system in accordance with the foregoing provisions in the unincorporated areas of Newton County or within any other municipality located in Newton County, the city must have previously entered into a franchise agreement with the governing body of Newton County, Georgia (for the unincorporated areas of Newton County) and with the governing bodies of the respective municipalities in which such services are sought to be provided by the City of Covington. Nothing contained herein shall prohibit the City of Covington from granting franchises in accordance with Charter Section 9(n) for the private operation of such a system of reception,

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transmission, and distribution of television impulses and television energy aforesaid within the corporate limits of the city. Former Sec. 16A.

Sec. 13. - Telecommunications.

The City shall have the power and authority to acquire, own, hold, lease, sell, resell, build, maintain, operate and contract with respect to a telecommunications system network in order to provide telecommunications services and similar other services, to establish and charge rates, fees, tolls and charges for the services, facilities or commodities furnished or made available by such undertaking; to interconnect its system or services or both with the systems or services of consumers and other providers, to use telecommunications to respond to community needs, encourage the development of information-based organizations in the city, to finance from time to time any such telecommunications systems through the issuance of revenue bonds as then permitted by the Constitution and laws of the State of Georgia; and to make any contract with respect to and furnish the services of any such systems to consumers within or outside the corporate limits of the city. Former Sec. 16B.

Sec. 14. - Owning, maintaining and operating electric plants, waterworks and gas system.

The city shall have the right, power and authority to own, maintain and operate a system of waterworks, a natural gas system, and an electric plant and distribution system and to purchase, generate and sell electric energy and to sell water and gas and to fix rates for all the aforementioned and to develop, maintain and operate parks and recreation facilities. Former Sec. 17,

Sec. 15. - Contracting to furnish.

The city council shall have power and authority to make or cause to be made contracts to furnish customers with electric energy, lights, water and gas within and without the territorial limits of the city when this can be done without adversely affecting the inhabitants of the city. Former Sec. 18.

Sec. 16. - Jurisdiction.

The city shall have complete power, authority and jurisdiction for all purposes over all of the lands on, over, or through which trunk or intercepting sewer, gas, water and/or electric transmission lines and/or facilities have heretofore been or may hereafter be constructed and maintained by the city or over which an easement is secured by the city and which it is the duty of the city to inspect, improve and maintain within or without the limits of the city; said power, authority and jurisdiction shall extend the full distance of said lines or facilities and a specified number of feet, to be determined by the city council, in all directions from same

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as well as over the land purchased by said city for the location and maintenance of such facilities, and all such lands are hereby incorporated in and made a part of said city, except such as is located within the corporate limits of another municipality. Former Sec. 19.

Sec. 17. - Lien for charges.

For electricity, water and gas furnished, and for all storm water, sewerage and sanitary utility services rendered, the city shall have a lien against all property of the consumer. Such lien shall run from the date the contract is made or the services commenced, up to and until all charges therefore shall have been paid in full. Executions issued on any such liens shall be issued and enforced as provided by section 59 hereof, above. Former Sec. 20.

Sec. 18. - Sale of facilities.

No sale, conveyance or disposition by the city of its water, electric or gas properties and franchises, or of its sewer system, or of any interests therein shall ever be of any force or effect unless or until approved by the duly qualified voters of the city voting at an election specially called for this purpose; a notice of which election shall be published once a week in the official newspaper of the city for four weeks next preceding such election, which notice shall state the name of the proposed buyer, the terms and conditions of the proposed sale, the date of the election, the location of the voting precincts, and such other information as the city council may order. Former Sec. 21.

Article II GOVERNMENT STRUCTURE

Sec. 19. - Form of government.

The legislative authority of the government of said city, except as otherwise specifically provided in this charter, shall be vested in a city council composed of a mayor and six (6) council members who shall hold their respective offices in accordance with the provisions of the Georgia Municipal Election Code, Chapter 2 of Title 21, Official Code of Georgia Annotated. For the purpose of electing council members, the City of Covington is hereby divided into two (2) wards, the West Ward and the East Ward. The division line between the two (2) wards shall be as follows: Commence at the point of intersection of the northwestern boundary of the corporate limits of the City of Covington and the center line of the Georgia Railroad right-of-way and run thence in a southeasterly direction along the center line of the said Georgia Railroad right-of-way to the point of intersection thereof with the center line of Emory Street; running thence in a southerly direction along the center line of Emory Street to the point of intersection thereof with the center line of Clark Street; running thence in an easterly direction along the center line of Clark Street to the intersection thereof with the center line of Monticello Street; thence in a southerly and southeasterly direction along the

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center line of Monticello Street which is also known as Georgia Highway Number 36 and/or the Jackson Highway, to the point of intersection thereof with the southern boundary of the corporate limits of the City of Covington. A map indicating the location of the division line in relation to city streets shall be retained permanently in the office of the city clerk or such office as designated by the city manager from time to time. Such map shall be designated "Official Ward Map of the City of Covington, 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. The West Ward shall be those portions of the City of Covington lying southerly and westerly of the aforedescribed division line. The East Ward shall be those portions of the City of Covington lying northerly and easterly of the aforedescribed division line. The six (6) council seats shall be designated by six (6) numbered council posts as follows: Post I West, Post 2 West, Post 3 West, Post 1 East, Post 2 East and Post 3 East. The council members for Council Post 1 West, Post 2 West, and Post 3 West shall be elected by the qualified electors of the West Ward only; the council members for Council Post 1 East, Post 2 East, and Post 3 East shall be elected by the qualified electors of the East Ward only; and the mayor shall be elected at large by all of the qualified electors of the City of Covington. Former Sec. 22.

Sec. 20. - Vacancy in office of mayor or council.

In the event there shall occur a vacancy in the office of mayor or any council post caused by death, resignation or removal of the incumbent, the city council shall immediately call a special election to fill such vacancy, to be held in accordance with the special election provisions of the Georgia Municipal Election Code, Chapter 2 of Title 21, Official Code of Georgia Annotated. Former Sec. 23.

Sec. 21 - Qualifications of mayor and council.

(a) No person shall be eligible to qualify or hold the office of mayor or council member of the City of Covington unless he shall have the following qualifications:
(1) He shall be at least twenty-one (21) years of age on the day the term of office for which he is a candidate begins.
(2) A candidate shall have been a resident of the City of Covington for a period of not less than one year immediately preceding the election in which he is to be a candidate and, further, candidates for council posts 1 West, 2 West, and 3 West must be residents of the city's West Ward as of the date of qualification for election and candidates for council posts 1 East, 2 East, and 3 East must be residents of the city's East Ward as of the date of qualification for election.
(3) He shall not have been convicted of any felony. (4) He shall be qualified to vote in the municipal elections of the city.

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(5) A candidate shall not be indebted for any tax to the city which is more than twelve (12) months past due; provided, however, if the reason for the nonpayment of city taxes is the poverty of the candidate and the candidate executes an affidavit to that effect and, further, the candidate executes the pauper's affidavit provided for in the Georgia Election Code, Chapter 2 of Title 21, Official Code of Georgia Annotated in lieu of paying the qualifying fee specified in said section, then in such event such indebtedness to the city shall not disqualify a candidate from seeking office.
(6) He shall qualify as a candidate by filing his name with the city clerk and by giving to the city clerk, in writing, the oath prescribed in subsection (b) of this section. (b) Any person desiring to qualify as a candidate for mayor or council member shall take the following written oath setting forth the information called for therein, which oath shall be kept on file in the city clerk's office: "I do solemnly swear or affirm that I am twenty-one (21) years of age, or will be on the date of taking office; that I have resided in the City of Covington for a period of not less than one year immediately preceding the election in which I am a candidate; that I am a resident of the West Ward/East Ward (strike through the incorrect ward); that I have never been convicted of a felony; that I am a qualified voter for municipal elections in the City of Covington; and that (1) I am not indebted to the City of Covington for any tax which is more than twelve (12) months past due, or (2) the reason for my indebtedness to the City of Covington for any tax which is more than twelve (12) months past due is my poverty and financial inability to pay such taxes." (c) Continued residency in the City of Covington shall be a condition of the mayor and each council member remaining qualified to continue in their respective offices; and upon any such elected official removing his residency from the City of Covington, the council shall declare the office of each such elected official who has removed his residency from the City of Covington as vacated. Continued residency in the ward represented by council members holding council posts 1 West, 2 West, 3 West, 1 East, 2 East, and 3 East shall be a condition of each such council member remaining qualified to continue in his respective office; and upon any such council member moving from his respective ward, the city council shall declare that council member's council post vacated. Any vacancy in council member seats or in the office of mayor under the foregoing provisions shall be filled in accordance with the provisions of section 21 of this Charter. Former Sec. 23.

Sec. 22. - Oath of office.

Within ten days after the election of said mayor and council members, and before they enter upon the discharge of their official duties, the mayor shall, before some officer authorized to administer oaths, take and subscribe the following oath: "I do solemnly swear or affirm that I will, to the best of my ability, discharge the duties of the mayor of the City of Covington during my continuance of office, so help me God,"

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and the mayor, after being so qualified, shall have full power and authority to administer a like oath to each of the council members. Former Sec. 25.

Sec. 23. - Mayor's duties and powers.

The mayor shall have the same power as a justice of the peace to witness and attest papers, to administer oaths, The mayor shall: (a) preside at all meetings of the city council; (b) be the head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the city and the chief advocate of policy; (c) have the power to administer oaths and to take affidavits; (d) sign as a matter of course on behalf of the city all written and approved contracts, ordinances and other instruments executed by the city which by law are required to be in writing and not otherwise capable of execution by other agents of the City; (e) fulfill such other executive and administrative duties as the city council shall by ordinance establish. The mayor shall be vested with the power of veto and it shall be the mayor's right to veto any and all ordinances, resolutions, permits, and privileges passed on or granted by the city council if the mayor sees fit to do so. Such veto shall be exercised by the Mayor either in a meeting of the city council or in writing; provided notice of such veto is received by the City clerk within seven days of the action of the city council; and the mayor's veto may be overridden by a vote of at least a majority of the members of the city council then in office. The mayor's veto may be overridden by a vote of at least a majority of the members of the city council then in office provided such vote is taken at the next meeting of the city council following notice of such veto. Former Sec. 26.

Sec. 24 - Mayor Pro Tem.

By a majority vote, the city council shall elect a council member to serve as mayor pro tem. The mayor pro tem shall assume the duties and powers of the mayor during the mayor's physical or mental disability, suspension from office or absence. Any such disability or absence shall be declared by a majority vote of the city council. The mayor pro tem shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 36- 30-6 of the Code of Georgia as amended. When acting as mayor, the mayor pro tem shall continue to vote as a council member and shall have no veto powers.

Sec. 25. - Salaries.

The mayor of the City of Covington shall receive an annual salary of eighteen thousand dollars ($18,000.00) per annum payable in equal monthly installments from the funds of the City of Covington. Council members shall receive an annual salary of nine thousand dollars ($9,000.00) payable in equal monthly installments from the funds of the City of Covington. Any municipal court judge of the City of Covington shall receive an annual salary payable

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in equal monthly installments from the funds of the City of Covington and such expense allowances as may be approved by the city council from time to time. Former Sec. 27.

Sec. 26. - Personal liability of mayor and council members; method of relieving.

As provided by section 68 hereof, below, the city budget shall not include, in its anticipated revenue for the year, a sum in excess of the normal revenue collections by the city from all sources during the preceding year. If this provision should be violated in the adoption of any budget, the mayor and councilmen shall be personally liable for any deficiency resulting there from, except: any member of the council may relieve himself of such personal liability by voting against any budget violating such limitation, and the mayor may relieve himself of such personal liability by vetoing any such budget before passage. Former Sec. 28.

Sec. 27. - Officers; election; bonds; duties; oaths.

The mayor and council members at their first meeting in January of each year, or as soon thereafter as practicable, shall elect the following officers, a majority of the votes cast being in the every case sufficient to elect, to wit: one or more municipal court judges, a city physician and a city attorney, and the city council shall by ordinance prescribe the duties, fix any bonds to be required, and fix the compensation of said officers; and each of said officers, before entering upon the discharge of his duties, shall give such bond as may be required of him and take and subscribe any oath required of him for the faithful discharge of the duties of the office to which he was been this elected. Former Sec. 29.

Sec. 28. - City manager.

The city council shall select and appoint a city manager who shall be the chief executive and administrative officer of the city and 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 council members shall not be eligible 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 city 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 Charter 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. Former Sec. 30.

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Sec. 29. - Administrative duties and powers.

The city manager shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge by or under this charter. As the chief executive and administrative officer, the city manager shall: (a) appoint and, when the city manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the city manager appoints, except any city municipal court judge, city physician, city attorney, any city board of tax assessors or as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency; (b) direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided by this charter or by law; (c) do all the buying for the different departments of the City of Covington; said department heads shall make written requisition for the needs of their department and present the same to the city manager; the city manager shall then make such purchases not exceeding amounts prescribed by ordinance and for which funds are provided in the budget; perform such other duties and exercise such other authority as city council may fix by resolution or ordinance. (d) 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; (e) act as chief conservator of the peace within the city and 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; (f) prepare and submit the annual operating budget and capital budget to the city council; (g) 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; (h) 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; (i) 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 (j) perform other such duties as are specified in this charter or as may be required by the city. Neither the city council nor any of its committees shall direct or request the appointment of any person to, or his removal from office by the city manager, or in any manner take part in the administrative service of the city. Except for the purpose of inquiry, the city council and its members shall deal with the administrative service solely through the city manager, and neither the city council nor any member thereof shall give orders to any subordinate of the city manager, either publicly or privately. All formal contracts on behalf of the city, the stated consideration for which is in excess of twenty thousand dollars, shall be executed by

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the mayor and attested by the city clerk after an approving resolution of the city council. Former Sec. 30-B.

Sec. 30. - Compensation of employees.

The salary or compensation of heads of departments and other administrative employees shall be fixed by the city manager to provide uniform compensation for like services except that an increase in compensation of any department head or employee may be granted upon the basis of seniority and efficiency. Former Sec. 30-C.

Sec. 31. - Removal of city manager.

While city council has the right to remove the city manager at any time and unless otherwise provided for by employment contract, at least thirty days before such removal becomes effective, the city manager shall be furnished with a formal statement in the form of a resolution passed by a majority vote of the members of city council, stating city council's intention of removing him and the reason therefore. If requested in writing by city manager so to do the city council shall fix a time for a public hearing upon the question of his removal, giving a notice of the time and place of same by publishing said notice in some local newspaper of general circulation, and the final resolution, removing the city manager shall not be adopted until such public hearing shall be had. The action of city council removing the city manager shall be final. In the case of the absence or disability of the city manager, city council may designate a qualified administrative officer of the city to perform the duties of the city manager during such absence or disability. Former Sec. 30-D.

Sec. 32. - Combination of officers, authorized.

The city manager is authorized at his discretion to combine two or more of the city offices so that one person may hold and discharge the duties of more than one office, provided, however, that no member of the city council shall be eligible to hold any other municipal office during the term for which he was elected. Former Sec. 31.

Sec. 33. - Contract, etc., interest prohibited.

No council member, the mayor, nor any official or employee of the city, nor any person having held such position within the prior 24 months, shall be interested directly or indirectly in any contract, sale of merchandise, service with or for the city, or in the profits or emoluments there from; and any contract on the part of the city which violates this section shall be null and void. Provided, however, the aforesaid prohibition shall not apply to: (a) Sales of personal property or a contract for services; provided such sales and the payment for services total less than $200.00 per calendar quarter;

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(b) Sales of personal property or a contract for services made pursuant to sealed competitive bids made by the council member, mayor, official or employee of the city, either for himself or herself or on behalf of any business entity; or (c) Sales of real property in which disclosure has been made: (1) To the judge of the probate court of Newton County, provided that if the sale is made by the judge of the probate court, then to any judge of the superior court of Newton County; (2) Not less than 15 days prior to the date such sale will become final and binding on the parties thereto; and (3) Which shows that the council member, mayor official or employee of the city has a personal interest in such sale, which interest includes, but is not limited to, any commission, fee, profit or similar benefit and which gives the name of such person, his or her position in the city, the purchase price and location of the property. No council member, the mayor, nor any officer or employee of the city shall accept any gift, frank, pass, or other emolument from any person, firm or corporation operating any public utility, or engaged in any business of a public nature within the city, or from any person, firm or corporation seeking to sell or which may desire to sell supplies to the city, perform service for or make a contract with the city, other than a gift of nominal value; nominal value being defined in this instance as less than twenty-five dollars ($25.00). Former Sec. 32.

Sec. 34. - City council meetings, time and place; presiding officer and quorum.

The city council shall meet for the transaction of business at such times and places as they may prescribe. At all meetings of the city council, the mayor, if present, shall preside and, except as hereinafter provided, he may vote only in cases of a tie. The mayor may also vote in all elections for officers who are elected by the city council, whether there is a tie or not and as otherwise provided in this charter. Five members of the city council, one of whom must be the mayor or mayor pro-tem, shall constitute a quorum for transaction of business; however, a lesser number in the absence of a quorum may adjourn a regular meeting to a future time. Former Sec. 33.

Sec. 35. - Power to enact ordinances; maximum penalty.

Said city council shall have full power to pass all ordinances, bylaws and regulations which they may deem necessary to the good government of said city, the protection of property, peace, good order, health, comfort and convenience of the citizens thereof, and to fix suitable penalties for the violation of the same. They may provide for punishing violators of city ordinances or resolutions by fine, confinement or confinement at labor; the fines in no case to exceed one thousand dollars ($1,000.00) and the confinement or confinement at labor in no case to exceed a period of 30 days, and either one or all of said penalties may be imposed at the discretion of the municipal judge. Former Sec. 34.

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Sec. 36. - Failure or refusal to vote on measure.

The failure or refusal of a member of the city council or of any commission, committee, board, bureau or agency of the city to vote when the proper time comes to vote, on a question pending before such city council, commission, committee, board, bureau, or agency, at a meeting legally held and at which such member is in attendance, shall be construed as a vote in favor of the pending proposal. The failure or refusal of a majority of the members of any body duly convened shall be counted as votes in favor of the measure under consideration and amounts to its adoption. Former Sec. 38.

Sec. 37. - Regulating use of streets.

The city council shall have power and authority by ordinance, to tax, license and regulate the operation of automobiles, railroad trains, steam engines, locomotives, street cars, buses, trolley cars, bicycles, motorcycles and other vehicles within the city limits and fix maximum and minimum speed limits for them and to prescribe both minimum qualifications of operators of such vehicles and the manner in which the same may be operated, and to require such machines and their owners to be registered, and the city council may make such other provisions as may seem prudent for the safety of the driver, passengers and the public. Former Sec. 39.

Sec. 38. - Regulating charitable solicitations; inflammables and explosives.

Soliciting charity or relief campaigns within the city shall be subject to ordinance regulation by the city council, which shall likewise regulate the storage and keeping of gasoline, kerosene, gunpowder, dynamite, nitroglycerine and other inflammable or explosive materials within the city limits. Former Sec. 40.

Sec. 39. - Providing off-street parking facilities, authority.

The city council shall have the power and authority to construct, maintain and operate off-street parking facilities, and to acquire land and other necessary property for such purposes and to charge, contract for and receive rentals and parking fees for the use of such facilities and parking spaces therein. Former See. 41.

Sec. 40. - Power of eminent domain; procedure.

(a) The city shall have full power and authority to acquire, by exercise of the power of eminent domain, property for use as streets, alleys, sidewalks, ditches, playgrounds, parks, libraries, waterworks, sanitary systems, storm sewers, electric lines, gas lines, cemeteries,

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jails, or for any other such public facility, utility or use, all as provided by the laws of this state.
(b) The procedure to be followed by the city in acquiring property by exercise of the power of eminent domain shall be as provided by the laws of this state. Former Sec. 51.

Sec. 41. - Control of streets, sidewalks and bridges.

The city council shall have exclusive control of the streets, sidewalks and bridges of the city; they may enact such ordinances as they may deem best for the regulation of traffic upon said streets, sidewalks and bridges, and provide suitable punishment for the violation of these ordinances. Former Sec. 54.

Sec. 42. - Streets and public utilities; powers generally; assessments.

The city shall have the power and authority to lay out, open, grade, construct, pave, curb, gutter, drain, widen, repave, repair, relocate, extend, replace, remove and maintain all streets, alleys, sidewalks and all other public ways, and shall have the power and authority to lay out, construct, maintain, extend, repair and replace all storm sewers, curbs, gutters, drains and other accessory features of such ways, including water mains and sanitary sewer mains when laid in the right-of- way of such streets or other ways; and to provide funds for these purposes, the city may assess the costs of all such public improvements against the abutting real estate and the owners thereof, provided: (a) Each assessment shall be fairly determined, in proportion to the number of feet fronting on the public way where any such improvements are made; (b) If any such improvements are made only on one side of any such public way, the costs of such improvements shall be assessed only against the abutting real estate and the owners thereof on that side; (c) Where any such improvements, such as storm sewers or culverts, are made for the sole benefit of a person or persons other than the abutting property owners, the cost of such improvements shall not be assessed against the abutting property owners; (d) As to the costs of the construction, paving, widening, repaving, or repairing of streets only (excluding sidewalks, curbs, gutters, storm sewers, sanitary sewers, water lines, and all other such improvements in the street right-of-way), only one-third of such costs may be assessed against the abutting real estate and the owner thereof on each side, with the remaining one-third to be paid from the city treasury; (e) As to the costs of the construction, paving, installing, repairing or replacing of curbs, gutters, sidewalks, storm sewers, sanitary sewers, and water lines in the right-of-way of any street, only one-half of such costs may be assessed against the abutting real estate and the owners thereof, with the remaining one-half to be paid from the city treasury; and (f) All such assessments shall constitute liens against the abutting real estate thus assessed and against all other property of the owner thereof, such liens to run from the time of the

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assessment until paid in full, and all such executions to issue and be enforced as provided by section 59 hereof, above. Former Sec. 55.

Sec. 43. - Bond issues authorized for street improvements.

The city may, in the manner prescribed by law, provide by ordinance for the issuing of bonds for enlarging or extending the public utilities of the city, including waterworks, sewerage, electric lights, natural gas, street and/or other public improvements. Former Sec. 56.

Sec. 44. - Franchises.

The city council is hereby vested with the right to exercise and control franchise rights within the corporate limits of the city over all public utility corporations, to charge for the use of streets and alleys, and to control the use of poles, wires and other equipment used by the grantee of the franchise right. Former Sec. 57.

Sec. 45. - Utilities, referendum required for sale of; rights-of-way, easements, etc.

(a) The city shall continue to supply all the public utilities of said city; and for such purposes the city council shall be invested with all the authority to enlarge such systems of public utilities as they may deem necessary, and they may have authority to prescribe by ordinances for the government and regulation of all public utilities. Provided, that before said city council shall dispose of any one or all of the herein named public utilities by absolute sale in fee simple, an election shall be called submitting the matter to the qualified voters of said city for their approval or disapproval, said election to be called, held, and the result determined under the election laws now in force, or that may be hereafter prescribed for creating a bonded indebtedness against said city.
(b) The city shall have the power and authority to extend, construct, maintain and operate its water, sewerage, electric light and power lines and systems for a distance of not over twelve miles in all directions beyond the corporate limits of said city, as the same now exist or may hereafter be established; and the city shall have authority to furnish water, lights, power and sewerage connections to person, firms, and corporations within and without the corporate limits of said city, and, to charge for the same; to purchase electrical current from any source, either within or without the city limits; to make reasonable rules and regulations; and the city may make different charges for the use of such utilities within and without the corporate limits of said city. Provided, that nothing shall permit the city to erect any new power lines that will parallel the power lines of Snapping Shoals Electric Membership Corporation, or serve members of said corporation within said area.
(c) The city is hereby authorized and empowered to acquire, by contract, purchase or condemnation, rights-of-way, easements and privileges for water, sewerage, electric lights and power lines and systems within the corporate limits of the city, and without the corporate

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limits of the city within a distance of twelve miles in any direction beyond the corporate limits of the city as the same now exist or may be hereafter established.
(d) The city is hereby authorized and empowered to furnish and supply electric power to any person, firm or corporation, at its distribution plant in the city, or at the point from which said city acquires its electric power, for serving non-residents of said city, and to fix the rules and regulations on which the same may be furnished, and likewise to fix the terms on which the same are to be furnished, the manner of payment therefore, and the charges to be paid therefore.
(e) The city is hereby authorized to purchase, construct, operate and maintain a system for the sale and distribution of natural or other gas within the city limits and for a distance of twelve miles in any direction beyond such corporate limits as now exist or as shall hereafter exist, and in connection therewith the city is authorized to acquire, by contract, purchase or condemnation, all rights-of-way, easements and property necessary to carry out these purposes; provided, that the power of condemnation granted in this section shall not apply to property within the limits of any other municipality, except with the prior approval of the city council of said municipality. The city is hereby authorized and empowered to furnish and supply gas and gas services to any person, firm or corporation at its distribution plant in the city or at the point from which said city acquires its supply of gas for serving nonresidents of said city, and to fix the rules and regulations under which the same may be furnished, and likewise fix the terms on which the same are to be furnished, and the manner of payment therefore, and the charges to be paid therefore.
(f) Nothing heretofore shall give the city the right to operate, maintain or construct any of the systems or services enumerated herein within the limits of Rockdale County.
(g) The city is hereby authorized to purchase, construct, operate and maintain a system for reception, transmission and distribution of television impulses and television energy (including audio signals and visual images by means of electrical impulses) within the city limits as it now exists or shall hereafter exist; and in connection therewith, the city is authorized to acquire, by contract or purchase, all equipment, towers, receivers, lines and related apparatus, all rights-of-way, easements and other property necessary to carry out these purposes, including the use of all existing city rights-of-way, easements and other property. The city is further authorized and empowered to furnish and supply the distribution of television impulses and television energy as aforesaid to any person, firm or corporation at the point of reception thereof by the city or at any point where the city may hereafter have means of distribution thereof and to fix rules and regulations under which the same may be furnished and distributed and likewise, to fix the terms upon which the same are to be furnished and the manner of payment therefore and the charges to be paid therefore will be the rate of charges to be established from time to time by resolution of the city council. Nothing contained herein shall prohibit the city from granting franchises in accordance with Charter section 9(n) for the private operation of such a system of reception, transmission and distribution of television impulses and television energy aforesaid. Former Sec. 58.

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Sec. 46. - Zoning powers.

The city council shall have power and authority to establish zoning regulations and to provide the use, height, and construction of buildings or structures within said city; to provide plans for the future growth, development and improvement of the municipality, especially with regard to its public and private buildings, works, streets, parks, grounds and vacant lots, looking toward the proper sanitation and proper service by utilities; to make and adopt a master plan which shall provide for the comprehensive zoning of the city. The city shall have all other zoning powers granted by the laws of this state. Former Sec. 68.

Sec. 47. - Contracts for supplies.

The city shall have the authority to make contracts for supplies, including electric current for electric lights and power for all of the public utilities of said city, which contracts may be for a term of years from the date thereof; provided only, that the compensation for such supplies to be paid by said city shall be paid by the city monthly or annually and the amount of such compensation for any one year shall not exceed the amount which may be lawfully levied therefore as prescribed by law. Former Sec. 75.

Sec. 48. - Donations for public institutions.

The city council shall have authority to make donations out of the funds in the city treasury, not otherwise appropriated, for the support of government entities assisting the poor, for public libraries, and for public hospitals, public restrooms and other government institutions of like character. Former Sec. 76.

Sec. 49. - Building regulations.

The city council may prescribe by ordinance such rules and regulations as they see fit for the regulation of all buildings erected within the corporate limits of said city, or for the repair of such buildings, they may prescribe the materials to be used and the manner of erecting or repairing the same. Former Sec. 78.

Sec. 50. - Regulation of public entertainment; shows, etc.

The city council may prescribe by ordinance for the regulation of all public entertainments, shows, circuses, parades, may prescribe when such entertainments, etc., may be held, as well as the manner in which the same may be conducted. Former Sec. 79.

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Article III ADMINISTRATIVE AFFAIRS

Sec. 51. - City clerk-Secretary to agencies.

The city clerk may be required to act as clerk or secretary to any board, commission, committee, agency or authority of said city. Former Sec. 42.

Sec. 52. - Committees of city council.

The city council may provide by ordinance for such committees as they may deem fit for the best interest of said city, prescribing the duties of such committees, and define their authority. Former Sec. 35.

Sec. 53. - Group insurance for city officers and employees, authorized; deductions, etc.

The city council of said city are hereby authorized and empowered to make deductions periodically from the wages and salaries of its employees and officers, with which to pay the premium for life, health, accident, hospitalization or annuity of such officers or employees, upon a group insurance plan, and to that end to enter into agreements with insurance companies whereby the kind of group insurance desired by the employees may be furnished to them and the premiums therefore remitted periodically by said city. The participation in such group insurance by such officers or employees shall be entirely voluntary on the part of such persons at all times. Any officer or employee, upon any payday, may withdraw or retire from such group plan upon giving notice in writing to his employer directing the discontinuance of deductions from his wages or salary in payment of such plan. The city council of said city, in carrying out any provision of this section, shall have the right to pay out of the general funds of the city one hundred percent (100%) of the premium due for such health insurance coverage afforded the mayor and seventy-five percent (75%) of the premium due for such group health insurance coverage afforded its other officers and employees. Former Sec. 77.

Sec. 54. - Fire department.

The city council shall provide by ordinance for the establishment and maintenance of a fire department for said city, and for this purpose they may acquire property and equipment therefore to be paid out of the revenues of said city or by municipal bonds properly voted and validated therefore, as now prescribed by law. They may provide either for a voluntary service or for a paid service if the revenues of said city authorize such payment, and they may provide by ordinance such rules and regulations as they may deem necessary for the government and control of said fire department, which ordinance shall provide officers

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therefore and prescribe their duties, authority terms of office, manner of election and compensation. Former Sec. 80.

Sec. 55. - Board of health, authorized.

The city council shall also have authority to provide by ordinance for a board of health to be composed of such members as may be provided for in said ordinance; to prescribe their terms of office and define their powers, authority and compensation. The city council in their discretion may provide for a joint city-county board of health. Former Sec. 81.

Article IV JUDICIARY

Sec. 56. - Nuisances-Jurisdiction; powers; procedure; executions (a) The municipal court of the city shall have jurisdiction to hear nuisance proceedings and
abate the same under the provisions of Section 41-2-5 of the Code of Georgia as amended (Laws 1833, Cobb's 1851 Digest, p. 817; Code 1933, Sec. 72-401; Ga. L. 1981, p. 1739, Sec. 1; Ga. L. 1987, p. 3., Sec.41; Ga. L. 1988, p. 1419, Sec. 1), notwithstanding any provision thereof to the contrary. In addition, as cumulative of such other laws of this state regarding the abatement of nuisances, the city may by ordinance provide for any building, structure or condition maintained in violation of any valid law of this state or any valid ordinance of the city to be adjudged a nuisance, and for the abatement of the same at the owner's expense upon the failure or refusal of the owner to abate the same after written notice from the city to do so; provided, however, that such written notice must specify the time in which such nuisance must be abated, and such time must be reasonable under the circumstances. All such abatement proceedings in the city shall be in the municipal court.
(b) Where a nuisance is abated at the expense of the owner of the property where such nuisance exists, as hereinabove provided, the city clerk of the municipal court shall in such cases issue execution in the name of the city and against such property owner in the amount of such expenses, which execution shall issue and be levied in the same manner as executions for municipal taxes. Such execution shall constitute a lien against such property and all other property of such property owner. Such property owner shall have the right to contest such execution, or the amount thereof, or the levy thereof, in the same manner as provided by the laws of this state governing illegalities and claims where executions are levied. Former Sec. 11.

Sec. 57. - Nuisances - Notice, residents and nonresidents.

All notices to persons or corporations owning property in the city and on which a nuisance has been found to exist, or on which a complainant has stated that a nuisance exists, may be given in person or by mail. If given by mail, such notice shall be addressed to the last known address of such owner, and notice shall be deemed effective beginning one (1) day after the

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same is deposited in a receptacle maintained by the United States Post Office Department for the deposit of mail, bearing sufficient postage and the last known address of the person or persons or corporation to whom or which such notice is directed. This provision for notice shall apply equally to residents and nonresidents of the city. Former Sec. 12.

See, 58. - Subpoena power generally.

The city council, municipal court, all boards, commissions, committees or other agencies of the city charged with the administration of the affairs of the city (excluding individual officers, except in cases in which they are specially authorized by law or ordinance) shall have power and authority to compel the attendance of witnesses and the production of relevant and admissible documents in proper cases, and any person failing or refusing to attend as a witness or to produce relevant and pertinent documentary evidence within his power, custody or control when duly notified or called upon to do so in a proper case shall be subject to punishment prescribed by ordinance of the city. Former Sec. 13.

Sec. 59. - Executions-Issuance; enforcement.

(a) All executions for taxes (including penalties) or license fees which are not paid when due shall be issued by the person designated by the city council by ordinance, acting in the capacity of ex officio tax collector.
(b) All executions for assessments, public improvement costs, forfeitures, fines, utilities, and all other such executions for whatever purpose, except those executions named in paragraph (a) hereof, immediately above, shall be issued by the person designated by the city council by ordinance and bear teste in the name of the mayor or mayor pro tem (or such other official as may be provided by the city council).
(c) All such executions issued by the city shall be directed to the chief of police and all other policemen of said city, and shall state the purpose or purposes for which issued, and shall be made returnable to the city council ninety (90) days after the date of issue.
(d) It shall be and is hereby declared to be the duty of the chief of police, or other policeman of said city in whose hands any such execution is placed, to levy the same, to advertise the property so levied upon, and to sell the same at the time and place and in such manner as prescribed by the laws of this state for the sale of property by sheriffs to satisfy executions for unpaid state and county taxes, except that such sale may be conducted before the front door of the city hall.
(e) The chief of police or other policeman of said city conducting any such sale shall have the power and authority to execute a deed or bill of sale to such property in favor of the purchaser at such sale, and to place such purchaser in possession of such property, and the title acquired by such purchaser under such deed or bill of sale shall be just as perfect, valid and binding as if made by the sheriff under an ordinary execution issuing from the superior court.

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(f) All such sales, and the title acquired by the purchaser at any such sale, shall be subject to the rights of redemption by the defendant in execution, as provided by the laws of this state.
(g) At any such sale, the city, acting by and through any designated officer, may bid and buy any property being sold at any such sale, as provided by the laws of this state, and subject to the terms and conditions prescribed by the laws of this state; and the right of redemption of the defendant in execution, and the rights of the city to convey such property, shall be as provided by the laws of this state.
(h) In any such case, the defendant in execution or any other person claiming any interest in any such property levied upon by the city may proceed by filing an affidavit of illegality or a claim against said property, as applicable, and all such issues shall thereupon be tried and determined in the Superior Court of Newton County as provided by the laws of this state, subject to all provisions of the laws of this state regarding such cases. Former Sec. 14.

Sec. 60. - Executions -Forms.

The forms for all executions issued by the city or municipal court shall be as may be prescribed by the city council; and in the absence of any provision by the city council, no prescribed form shall be required so long as the execution shows the following information, to wit:
(a) Name of issuing authority; (b) Name of defendant in execution; (c) Amount claimed to be due, and for what such amount is due; (d) To whom directed; (e) Description of property, where execution is against specific property; (f) Date of issue; and (g) Date of return. Former Sec. 15.

Sec. 61. - Municipal court.

There is established a court to be known as the municipal court of the City of Covington 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

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subsequently enacted amendatory thereof. When convened, the municipal court shall be presided over by a judge of the court.
(a) Judges. No person shall be qualified or eligible to serve as judge of the municipal court 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. All judges shall be appointed by resolution by the city council and shall serve until a successor is appointed and qualified. Judges serve at-will and may be removed from office at any time by the city council, with or without cause, unless otherwise provided by ordinance. The position of judge shall not be a full-time position, and the person serving in this position may engage in the practice of law; provided, however, a judge may not appear and represent a client before the court. Before entering on duties of his office, the appointed judge(s) 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 office to the best of his ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council.
(b) Administration. The position of clerk of the court is created. The clerk of the court shall be appointed by the city manager and shall serve at the pleasure of the city manager. The clerk of the court shall be responsible for all record keeping of the court and the bill keeping and collection of all fines received by the court. 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 city council.
(c) Jurisdiction; powers. (1) The municipal court shall try and punish for crimes against the City of Covington 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 7 days per contemptuous act, for a total not to exceed 20 days. The municipal court may impose punishment for offenses to the full extent allowed as now, or hereafter provided by state law.
(2) The city council shall have authority to establish a schedule of reasonable fees to defray the cost of operation.
(3) The municipal court shall have authority to establish bail and recognizances to insure 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 appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and his 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

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on order of the judge declared forfeited to the City of Covington or the property so deposited shall have a lien against it for the value forfeited.
(4) 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.
(5) 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.
(6) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons[es], subpoena[s], and warrants which may be served as executed by any officer as authorized by this Charter or by state law.
(7) The municipal court is specifically vested with all of the judicial jurisdiction and judicial powers throughout the entire area of the City of Covington granted by state laws generally to municipal courts, and particularly by such laws as authorize the abatement of nuisances.
(d) 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 Newton County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
(e) 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. Former Sec. 44.

Sec. 62. - Police arrests without warrants, authorized.

It shall be lawful for the chief of police or any special policeman lawfully appointed to arrest, without warrant, any and all persons violating the ordinances and laws of said state and city, in the city limits, and to confine such person or persons so arrested in the city prison, until a hearing can be had before the proper officer; said chief of police or policeman shall have power and authority to call his assistance to arrest and detain such offenders any bystander, and such person when summoned shall be bound to aid and assist said officers; should such person fail to do so, he shall be liable to prosecution pursuant to section 61. The chief of police or policeman may call sheriffs and their deputies, constables, and other state or counties' officers for assistance, in the arrest, detention, investigation and conviction of offenders. Former Sec. 45.

Sec. 63. - Appearance bonds; forfeitures; fines; enforcement by execution.

The city council of Covington may provide by ordinance for the taking of appearance bonds to be made by persons charged with the violation of any of the laws or ordinances of the city.

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They may prescribe by ordinance for the taking of cash collateral bond or have bonds issued by personal, solvent sureties, and they may provide for the summary forfeiture of all cash bonds and for the summary forfeiture of all other appearance bonds by order of the municipal court. All forfeitures and unpaid fines shall constitute liens against all property of the person or persons obligated to pay the same, which liens shall issue and be enforced as provided by section 59 hereof, above. Former Sec. 46.

Article V ELECTIONS AND REMOVAL FROM OFFICE

Sec. 64. - Election for mayor and council members.

Any person desiring to run for a council post shall designate the council post for which he is offering. As specified under the Charter, section 21(a)(2), candidates for council posts 1 West, 2 West, and 3 West must be residents of the West Ward and candidates for council posts 1 East, 2 East, and 3 East must be residents of the East Ward. All council members shall be elected by a majority of the qualified electors voting in the elections for the respective officials. As specified in Charter section 19, the council members holding council posts 1 West, 2 West and 3 West shall be elected by the qualified electors of the West Ward only; the council members holding council post 1 East 2, East and 3 East shall be elected by qualified electors of the East Ward only; and the mayor shall be elected by all of the qualified electors of the City of Covington. The qualification of candidates, terms of office for the mayor and council members and the dates and procedures for the conduct of elections and runoff elections for mayor and council posts shall be governed by the provisions of the Georgia Municipal Election Code, Chapter 2 of Title 21, Official Code of Georgia Annotated. Former Sec. 47.

Sec. 65. - Impeachment-Causes.

If the mayor or any member of the city council of said city shall be guilty of malpractice, willful neglect of their duties, abuse of their powers, or any other unbecoming conduct, they shall be subject to impeachment by the city council, and upon conviction, shall be removed from office. Former Sec. 36.

Sec. 66. - Impeachment -Trial.

In impeachment trials before the city council, the affirmative vote of at least four members shall be required to convict, and the mayor shall be entitled to vote, except in case he is on trial, in which case he may not vote. The municipal court judge shall preside in all impeachment trials unless he is disqualified, in which case the presiding judge of the Superior Court of Newton County shall designate some qualified lawyer to preside over such trial, but such officer presiding over said impeachment trial shall not vote, even in case of a

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tie. The municipal court judge shall not be qualified to preside over such impeachment trial unless he shall have been engaged actively in the practice of law for at least five years next preceding such trial. On an impeachment trial, a tie-vote shall acquit the accused. An impeachment resolution against the mayor shall not be subject to his veto. A judgment of conviction in an impeachment proceeding shall vacate the office of the convicted mayor or council member. Former Sec. 37.

Article VI FINANCE

Sec. 67. - Fiscal year.

The fiscal year for the City shall be from the first day of July through the thirtieth day of June of the next succeeding calendar year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency and activity of the city government unless otherwise provided by state or federal law. Former Sec. 59.

Sec. 68. - Budget.

(a) 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. On or before a date fixed by the city council but not later than forty five (45) days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating budget and the capital budget hereinafter provided for the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. No money shall be expended by the city council during any year until a budget has been prepared and adopted, as herein provided. The budget shall include in its anticipations for the year a sum not to exceed the normal revenue collections by the city from all sources during the preceding year. The city council shall appropriate a sum sufficient to cover the debt service, including the sinking fund and interest on bonded indebtedness, which sum shall not be diverted to any other department or departments by the city council during the year. Should the income of the city be decreased by law or otherwise, it shall be the duty of the city council to immediately adjust its budget so as to comply with such decreased revenue. In the event of an increase in revenue, which increase has become definite and reasonably certain by an increase in tax rate or the schedule of changes for city

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services, the city council may revise the budget accordingly and take such anticipated receipts into consideration in the budget.
(b) The city council may amend the operating budget proposed by the city manager; except, that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues.
(c) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the second Monday of June of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 68 (a).
(d) 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. Former Sec. 60.

Sec. 68-A. - Capital Budget.

(a) On or before the date fixed by the city council but no later than forty five (45) days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize any 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 by law.
(b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the second Monday of June of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the 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.

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Sec. 69. - Transfer of funds.

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. After the budget has been adopted, the city council may transfer or reallocate funds, with the exception of appropriations for debt services. Former Sec. 61.

Sec. 70. - Deficit.

Should at any time during any year the expenditures exceed the revenue collected, and a deficit be created, it shall be the duty of the city council, before appropriating any other sum for any other purpose, to appropriate a sufficient sum to immediately discharge any such deficit which has accrued during the preceding year. Former Sec. 62.

Sec. 71. - Borrowing money authorized; when.

The city council shall have the power and authority, on the terms and conditions as provided by the Constitution and laws of this state, to borrow money to meet casual deficiencies in the revenues of said city. Former Sec. 63.

Sec. 72. - Audit of finances.

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. The city council are hereby required, at the end of each fiscal year, to have an annual audit made covering all of the financial transactions made and entered into by said city council for that year. When said audit is completed, it shall be published by the city the council, either in the official newspaper or by posting upon the public bulletin board at the city hall, the method of publication being made within the discretion of the city council. Former Sec. 64.

Sec. 73. - Taxes; powers to levy and collect; liens; enforcement.

The city council may levy and collect for city purposes a tax on the taxable value of real estate, stock in trade and all other property within the City of Covington that may at the time be taxable under the laws of the State of Georgia. The city council shall also have the power to levy and collect out of the property aforesaid such additional tax as may be necessary to provide for the payment of principal and interest of any bonded debt of the city now existing

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or hereafter to be created by the city. In all cases, the order levying taxes shall specify for which of the purposes aforesaid it is levied, and how much for each purpose. The lien of such taxes, the rank of such lien, and the enforcement and collection thereof by execution and sale shall be as provided by the laws of the state and section 59 hereof, above. Former Sec. 65.

Sec. 74. - License tax, authority to levy, etc.

The city council shall have full power and authority to license, regulate and control theatrical exhibitions, merry-go-rounds, circuses, dance halls, skating rinks, shows and exhibitions of all kinds, drays, automobiles jitneys, trucks, taxis and public or private vehicles of all kinds, traveling vendors of patent medicines, soaps, notions and all other articles; also hotels, boardinghouses, restaurants, lunch stands, fish stands or markets, meat markets, mercantile establishments, chain stores, laundries, billiard, pool and other kinds of tables, tenpins, shooting galleries, and bowling alleys, slot machines or any games operated by "coin-in-slot" devices for carrying on games, as well as vending machines, generally; also bakeries, dairies, barbershops, livery stables, sale stables, slaughterhouses, tan yards, garage or motor vehicle repair shops, blacksmith shops, gins, sawmills, planing mills; also auctioneers, peddlers and pawnbrokers; all agents of fire, health, accident, indemnity, casualty and life insurance companies; the sale of all kind of beverages, cigars, cigarettes and tobacco products of all kinds; also retailers of malt, vinous and spirituous liquors; also dealers in and/or dispensers of gasoline, either at wholesale or retail, from tanks or otherwise; and all businesses, occupations, professions, callings, trades or avocations which, under the laws of the state, are subject to license. The city shall have the power to require registration of, to assess and to collect a license tax on, all such businesses, etc., and all other businesses, trades, professions, occupations or callings conducted or engaged in within the corporate limits of the city, and such occupation tax or license tax shall constitute a lien upon all the property of the taxpayer or person liable and shall take rank and be enforceable in the same manner as ad valorem taxes due the city; and the city may require the registration of, and payment of license tax on, all such businesses, etc., as a prerequisite to the right to operate or engage in said business in the city; and the city shall have power to punish anyone conducting or engaging in any such business, etc., without first registering and paying said license taxes. The city shall have full and complete power to provide by ordinance for classification of all classes and businesses, and all other rules and regulations necessary and proper in the premises. Former Sec. 66.

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Article VII GENERAL PROVISIONS

Sec. 75. - Severability.

If any provision of this Charter shall be held to be unconstitutional, such provision alone shall be invalid, and the other parts of this Charter shall be unaffected thereby and shall remain in full force and effect. Former Sec. 82.

Sec. 76. - Legal advertisement.

Public notice containing a synopsis of this Charter has been duly published and a copy of this Charter has been filed in the office of the city clerk and in the office of the clerk of the superior court of Newton County in accordance with the Municipal Home Rule Act of 1965 (Ga. L. 1947, p. 1118, Sec. 1; Ga. L. 1951, p. 116, Sec. 1; Ga. L. 1965, p. 298, Sec. 1), and it is hereby declared that all the requirements of the Municipal Home Rule Act of 1965 relating to publication of notice of intention to adopt this Charter have been complied with for the enactment of this municipal charter.

Sec. 77. - Prior acts repealed.

An act granting a new charter to the City of Covington, approved January 30, 1962 (Ga. L. 1962, Act No. 531, p. 2003), as amended, is hereby repealed in its entirety in accordance with the Municipal Home Rule Act of 1965 (Ga. L. 1947, p. 1118, Sec. 1; Ga. L. 1951, p. 116, Sec. 1; Ga. L. 1965, p. 298, Sec. 1). All laws and parts of laws in conflict with this Charter are hereby repealed."

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 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.

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ENACTED AND ADOPTED this 7th day of May, 2012.

By: s/ RONNIE JOHNSTON RONNIE JOHNSTON, Mayor

Attest: s/ AUDRA M. GUTIERREZ AUDRA M. GUTIERREZ, 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 April 2, 2012 and will be read for final adoption on May 7, 2012, to recodify and 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), to modernize terminology contained therein, to adopt additional procedures for exercise of the mayor's veto power and the power of the City Council to override same, to codify the office of mayor pro tem, to increase salaries of the mayor and council, to limit the ability of former elected officials and employees to contract with the City of Covington, to amend the definition of a quorum of the City Council, to redesignate the Recorders Court as the Municipal Court and to restate the powers and jurisdiction thereof, to adopt additional procedures for adoption of the annual operating budget and capital budget and for other purposes.
A copy of this proposed recodification and 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 3rd day of April, 2012.

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s/ AUDRA M GUTIERREZ AUDRA M. GUTIERREZ, City Clerk

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 Run Dates: 4/6 ,13,20, 2012.

s/ PAT CAVANAUGH

Sworn to and subscribed before me the 8th day of May 2012.

s/ TONYA BROWNLEE Tonya Brownlee Notary Public My Commission Expires: March 12, 2016 (Notary Seal)

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 April 2, 2012 and will be read for final adoption on May 7, 2012, to recodify and 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), to modernize terminology contained therein, to adopt additional

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procedures for exercise of the mayor's veto power and the power of the City Council to override same, to codify the office of mayor pro tem, to increase salaries of the mayor and council, to limit the ability of former elected officials and employees to contract with the City of Covington, to amend the definition of a quorum of the City Council, to redesignate the Recorders Court as the Municipal Court and to restate the powers and jurisdiction thereof, to adopt additional procedures for adoption of the annual operating budget and capital budget and for other purposes.

A copy of this proposed recodification and 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 3rd day of April, 2012. AUDRA M. GUTIERREZ, City Clerk Public Notice # 93523

Filed in the Office of the Secretary of State May 24, 2012. __________

CITY OF CHATTAHOOCHEE HILLS ) MAYOR AND COUNCIL; COMPENSATION.

STATE OF GEORGIA COUNTY OF FULTON

ORDINANCE NO. 12-06-104

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

WHEREAS, Section 2.07 of Article II of the Charter of the City of Chattahoochee Hills was amended in September of 2011 and now provides for the Mayor's annual compensation to be $8,000 and the annual salary of each city council member to be $6,000; and

WHEREAS, the city continues to face financial challenges with the current state of the economy and has made difficult decisions regarding expenditures in order to balance its budget; and

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WHEREAS, the Mayor and City Council have decided to amend the Charter so that the annual salary for the Mayor should be $1,200 and the annual salary for each city council member should be $1,200; 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 May 1, 2012, 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 Ordinanee 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 no longer read "$8,000," but shall read "$1,200," and the annual salary for each City Council member shall no longer read "$6,000," but shall read "$1,200."

SO ORDAINED this 5th day of June, 2012.

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Approved:

Attest:

s/ TOM REED Tom Reed, Mayor

s/ KAREN FRICKE Karen Fricke, City Clerk (Seal)

Approved as to Form:

s/ RICHARD P. LINDSEY Richard P. Lindsey, City Attorney

[SEAL]

CITY OF CHATTAHOOCHEE HILLS, GEORGIA

CERTIFICATE

I, Karen Fricke, City Clerk and Custodian of Records for the City of Chattahoochee Hills, certify that the attached is a true and correct copy of the Ordinance No. 12-06-104, 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 Chattahoochee Hills, Georgia on June 5, 2012. The originals of these documents are on file in the office of the City Clerk of the City of Chattahoochee Hills, Ga.

Dated this 11th day of June, 2012.

(SEAL)

s/ KAREN FRICKE Karen Fricke City Clerk

PUBLISHER 'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON Re: 1880333

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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:

05/08/2012, 05/15/2012, 05/22/2012

s/ PATRICE GRANT Patrice Grant (Agent)

s/ K. MOSLEY Kaweemah Mosley (Notary Public)

Subscribed and sworn to before me this 22nd of May, 2012.

[NOTARY 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 $8,000 to $1,200 and changing the annual compensation of each city council member from $6,000 to $1,200. 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 June 15, 2012. __________

CITY OF ATLANTA ) FUND BALANCE POLICY.

CITY COUNCIL ATLANTA, GEORGIA

AN ORDINANCE AND CHARTER AMENDMENT BY COUNCILMEMBERS H. LAMAR WILLIS AND KEISHA LANCE BOTTOMS

12-O-0501

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MUNICIPAL HOME RULE ORDINANCES

AS SUBSTITUTED AND AMENDED BY FINANCE/EXECUTIVE COMMITTEE

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 AMEND SECTIONS 6-301 AND 6-302 AND TO CREATE A NEW SECTION 6-315 SO AS TO ADOPT A FUND BALANCE POLICY IN ORDER TO COMPLY WITH GOVERNMENTAL ACCOUNTING STANDARDS BOARD STATEMENT NUMBER 54; AND FOR OTHER PURPOSES.

WHEREAS, the Governmental Accounting Standards Board ("GASB") has adopted Statement Number Fifty Four, Fund Balance Reporting and Governmental Fund Type Definitions ("GASB 54"), which is effective in fiscal year 2011; and

WHEREAS, among other things, GASB recommends that municipalities adopt a fund balance policy in order to provide sufficient cash flow for daily financial needs, secure and maintain investment grade bond ratings, offset significant economic downturns or revenue shortfalls, and provide funds for unforeseen expenditures related to emergencies; and

WHEREAS, the City of Atlanta's (the "City") fund balance measures the net financial resources available to finance expenditures of future periods; and

WHEREAS, the City Council of the City recognizes that good fiscal management comprises the foundational support of the entire City, and the City intends to maintain a minimum unrestricted fund balance of fifteen percent (15%) of the City's general fund annual operating expenditures; and

WHEREAS, in accordance with GASB 54, the City desires to adopt a policy which establishes the prioritization of fund balance use, the minimum unrestricted fund balance, the replenishing of deficiencies, and the use of surplus fund balances; and

WHEREAS, it is the desire of the City to amend Part I, Subpart A, Article VI, Chapter 3 of the City's Charter by amending Sections 6-301 (b)(2) and 6-302 and creating a new Section 6-315, in order to align the City's Charter with GASB 54, effective July 1, 2012.

THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS, as follows:

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SECTION 1: That Part I, Subpart A, Article VI, Chapter 3, Section 6-301(b)(2) of the Charter of the City of Atlanta, Georgia, Georgia, 1996 Ga. Laws P. 4469, et seq., which currently reads:

Sec. 6-301. Budget Commission

(b) The Budget Commission: (2) Shall allocate a sum sufficient to provide for debt service, including sinking fund and interest on bonded indebtedness; a general fund restricted reserve equal to five percent of the proposed general fund budget proposed; and any other appropriations required by law, which such shall not be diverted to any other purpose;

be amended to make the following deletions and insertions, such that Part I, Subpart A, Article VI, Chapter 3, Section 6-301(b)(2) of the Charter of the City of Atlanta, Georgia, Georgia, 1996 Ga. Laws P. 4469, et seq., shall read as follows:

Sec. 6-301. Budget Commission

(b) The Budget Commission: (2) Shall allocate a sum sufficient to provide for debt service, including sinking fund and interest on bonded indebtedness; a general fund restricted budget reserve equal to five percent of the proposed general fund budget proposed; and any other appropriations required by law, which such shall not be diverted to any other purpose the amount, if any, specified under Section 6-315- Fund Balance Policy.

SECTION 2: That Part I, Subpart A, Article VI, Chapter 3, Section 6-302 of the Charter of the City of Atlanta, Georgia, Georgia, 1996 Ga. Laws P. 4469, et seq., which currently reads:

Sec. 6-302. Adoption of Budget

(a) At the first Council meeting in March of each year, beginning in 2007, each council member may submit his/her budget priorities for the coming year. Such priorities shall be referred to the Finance/Executive Committee, which shall submit these priorities in the form of a resolution to be adopted by the council no later than the second council meeting in March. The Mayor, in conjunction with the Chief Financial Officer, may take these priorities into consideration in the preparation of the tentative budget. (b) The mayor shall prepare and submit the proposed annual budget ordinance to the governing body no later than the first regular meeting of the governing body in May, preceding the commencement of the fiscal year. (c) Commencing with the fiscal year 2009 Budget, Restricted Reserves balances from the previous year shall be a part of the fund balance for the upcoming year; five percent of the

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MUNICIPAL HOME RULE ORDINANCES

increased difference of the proposed budget shall be added to the overall Restricted Reserves balance. (d) The governing body shall hold one or more public hearings on the proposed budget as required by the laws of Georgia, notice of which shall be published in a newspaper of general circulation in the city at least seven days prior to the date set therefore. (e) The governing body may amend the proposed annual budget, except that the budget as finally amended must provide for all expenditures required by law or by this Charter, including but not limited to debt service, sinking fund, interest on bonded indebtedness and a general fund restricted reserve equal to five percent of the proposed general fund budget which sums shall not be diverted to any other purpose and the total appropriations from any such fund shall not exceed the estimated fund balance, reserves, and revenues constituting the fund availability of such fund. General Fund Restricted Reserves as identified in this subsection cannot be expended without prior approval of the governing body. (f) Upon completion of the annual external financial audit, any unspent operating reserve will be transferred to a catastrophic reserve fund and a capital reserve. The catastrophic reserve fund is established to protect the City in the event of any major, catastrophic event. The capital is established to accumulate resources to address deferred maintenance or economic needs of the City. Any unspent operating reserve will be transferred to the catastrophic reserve fund and the capital reserve in the following proportions - catastrophic reserve fund (75 percent) and capital reserve (25 percent). Once the catastrophic reserve fund is funded at a level equal to 20 percent of the current year's general fund operating budget all unspent operating reserve will be transferred to the capital reserve or economic development fund. (g) The governing body shall by ordinance adopt the annual budget for the ensuing fiscal year not later than June, preceding the commencement of the fiscal year.

be amended to make the following deletions and insertions, such that Part I, Subpart A, Article VI, Chapter 3, Section 6-302 of the Charter of the City of Atlanta, Georgia, Georgia, 1996 Ga. Laws P. 4469, et seq., shall read as follows:

Sec. 6-302. Adoption of Budget

(a) At the first Council meeting in March of each year, beginning in 2007, each council member may submit his/her budget priorities for the coming year. Such priorities shall be referred to the Finance/Executive Committee, which shall submit these priorities in the form of a resolution to be adopted by the council no later than the second council meeting in March. The Mayor, in conjunction with the Chief Financial Officer, may take these priorities into consideration in the preparation of the tentative budget. (b) The mayor shall prepare and submit the proposed annual budget ordinance to the governing body no later than the first regular meeting of the governing body in May, preceding the commencement of the fiscal year.

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(c) Commencing with the fiscal year 2009 Budget, Restricted Reserves balances from the previous year shall be a part of the fund balance for the upcoming year; five percent of the increased difference of the proposed budget shall be added to the overall Restricted Reserves balance. (d) The governing body shall hold one or more public hearings on the proposed budget as required by the laws of Georgia, notice of which shall be published in a newspaper of general circulation in the city at least seven days prior to the date set therefore. (e)(d) The governing body may amend the proposed annual budget, except that the budget as finally amended must provide for all expenditures required by law or by this Charter, including but not limited to debt service, sinking fund, interest on bonded indebtedness and a general fund restricted budget reserve equal to five percent of the proposed general fund budget which sums shall not be diverted to any other purpose and the total appropriations from any such fund shall not exceed the estimated fund balance, reserves, and revenues constituting the fund availability of such fund the amount, if any, specified under Section 6-315- Fund Balance Policy. The General Fund Restricted budget reserve as identified in this subsection cannot be expended without prior approval of the governing body. (f) Upon completion of the annual external financial audit, any unspent operating reserve will be transferred to a catastrophic reserve fund and a capital reserve. The catastrophic reserve fund is established to protect the City in the event of any major, catastrophic event. The capital is established to accumulate resources to address deferred maintenance or economic needs of the City. Any unspent operating reserve will be transferred to the catastrophic reserve fund and the capital reserve in the following proportions ) catastrophic reserve fund (75 percent) and capital reserve (25 percent). Once the catastrophic reserve fund is funded at a level equal to 20 percent of the current year's general fund operating budget all unspent operating reserve will be transferred to the capital reserve or economic development fund. (g)(e) The governing body shall by ordinance adopt the annual budget for the ensuing fiscal year not later than June, preceding the commencement of the fiscal year.

SECTION 3: That Part I, Subpart A, Article VI, Chapter 3 of the Charter of the City of Atlanta, Georgia, Georgia, 1996 Ga. Laws P. 4469, et seq., be amended by adding a new Section 6-315, which shall read:

Sec. 6-315. Fund Balance Policy

The City will report fund balance amounts consistent with the appropriate Governmental Accounting Standards Board ("GASB") guidance. This policy and the procedures promulgated under it supersede all previous regulations regarding the City's fund balance and reserve policies.

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(a) Fund balance terms - The following fund balance definitions will be recognized: Fund Equity - A fund's equity is generally the difference between its assets and its liabilities. For governmental funds, fund equity is also known as fund balance. Fund Balance - An accounting distinction is made between the portions of fund equity that are spendable and nonspendable. These are broken up into five categories:
1) Nonspendable fund balance - includes amounts that are not in a spendable form or are required to be maintained intact. Examples are inventory or long term advances to or from other funds.
2) Restricted fund balance - includes amounts that can be spent only for the specific purposes stipulated by external resource providers either constitutionally or through enabling legislation. Examples include grants and bond covenants.
3) Committed fund balance - includes amounts that can be used only for the specific purposes determined by a formal action of the government's highest level of decision-making authority. Commitments may be changed or lifted only by the government taking the same formal action that imposed the constraint originally.
4) Assigned fund balance - comprises amounts intended to be used by the government for specific purposes. Intent can be expressed by the governing body or by an official or body to which the governing body delegates the authority. In governmental funds other than the general fund, assigned fund balance represents the amount that is not restricted or committed. This indicates that resources in other governmental funds are, at a minimum, intended to be used for the purpose of that fund. Example includes fund balance used to balance the budget.
5) Unassigned fund balance - is the residual classification of the general fund and includes all amounts not contained in other classifications. Unassigned amounts are technically available for any purpose. The general fund is the only fund that may have a positive balance in this category.
Unrestricted fund balance- The total of committed fund balance, assigned fund balance, and unassigned fund balance, which includes only resources without a constraint on spending or for which the constraint on spending is imposed by the government itself. (b) Prioritization of fund balance use
(1) When an expenditure is incurred for purposes for which both restricted and unrestricted (committed, assigned, or unassigned) amounts are available, the City shall consider restricted amounts to have been reduced first. (2) When an expenditure is incurred for purposes for which amounts in any of the unrestricted fund balance classifications could be used, the City shall first reduce committed amounts, followed by assigned amounts and then unassigned amounts. (c) Authority to Commit or Assign - Commitments or assignments will only be used for specific purposes. Committed balances or assigned balances will only be established pursuant to a formal action by the City Council, upon recommendation from the Chief Financial Officer. Such commitments or assignments cannot exceed the available fund balance in any particular fund.

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(d) Minimum unrestricted fund balance in the General Fund (1) The City will maintain a minimum unrestricted fund balance ranging from no less than fifteen percent [15%] to twenty percent [20%] of the subsequent year's budgeted expenditures and outgoing transfers. (2) At any time that the City's unrestricted fund balance is within the range of fifteen percent [15%] to twenty percent [20%] of the subsequent year's budgeted expenditures and outgoing transfers, upon recommendation by the Chief Financial Officer, Council may authorize additional transfers to fund balance or any deficit fund at its discretion, up to a maximum of five percent [5%] per year of the subsequent year's budgeted revenues, in preparation for adoption of the upcoming years' budget.
(e) Replenishing deficiencies in the General Fund (1) When the unrestricted fund balance falls below the minimum fifteen percent [15%] of the subsequent year's budgeted expenditures and outgoing transfers, the City will replenish shortages/deficiencies within the following time periods and, upon recommendation by the Chief Financial Officer, Council may authorize additional transfers to the fund balance at its discretion, up to a maximum of five percent [5%] per year of the subsequent year's budgeted revenues, in preparation for adoption of the upcoming years' budget. Sufficient transfers shall be budgeted to restore/replenish deficits within the timelines outlined below: (i) Deficiency resulting in a minimum unrestricted fund balance between twelve and one-half percent [12.5%] and fifteen percent [15%] shall be replenished over a period not to exceed one year; (ii) Deficiency resulting in a minimum unrestricted fund balance between ten percent [10%] and twelve and one-half percent [12.5%] shall be replenished over a period not to exceed three years; (iii) Deficiency resulting in a minimum unrestricted fund balance of less than ten percent [10%] percent shall be replenished over a period not to exceed five years.
(f) Surplus fund balance - Should the unrestricted fund balance of the General Fund exceed the maximum of twenty percent [20%], upon recommendation by the Chief Financial Officer, Council may consider such surplus fund balance as available to reduce deficit balances in other funds and for one-time expenditures that are nonrecurring in nature. At least fifty percent [50%] of surplus fund balance must be used to reduce any deficit fund balance prior to allocation for any one-time expenditures. All such expenditures are subject to approval via regular council action. (g) Financial reporting - An annual reporting of fund balances as classified in accordance with GASB 54 shall be as reported in the annual Audited Financial Statements of the City of Atlanta.

SECTION 4: 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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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 5: Upon adoption of this Charter amendment, the City Council authorizes the Department of Finance to establish any standards and procedures which may be necessary for its implementation. The Department of Finance shall review this policy at least annually and make any recommendations for changes to the City Council.

SECTION 6: 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 APPROVED as per City Charter Section 2-403

June 04, 2012 June 13, 2012

A true copy,

s/ RHONDA DAUPHIN JOHNSON 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 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 AMEND SECTIONS 6-301 AND 6-302 AND TO CREATE A NEW SECTION 6-315 SO AS TO ADOPT A FUND BALANCE POLICY IN ORDER TO COMPLY WITH

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GOVERNMENTAL ACCOUNTING STANDARDS BOARD STATEMENT NUMBER 54; 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 __________________, 2012.

_____________________ 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): MAY 3,2012; MAY 10, 2012 AND MAY 17, 2012.

s/ ROSHALL ANDERSON (ACCOUNT EXECUTIVE SIGNATURE)

SWORN TO AND SUBSCRIBED BEFORE ME, THIS 18TH DAY OF MAY, 2012.

s/ MARIE C. H. GOGGANS [NOTARY SEAL]

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA, GEORGIA

Notice is hereby given that an Ordinance (12-O-0501) 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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MUNICIPAL HOME RULE ORDINANCES

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 amend Sections 6-301 and 6-302 and to create new Section 6-315 so as to adopt a fund balance policy in order to comply with Governmental Accounting Standards Board Statement Number Fifty Four ("54"); and for other purposes.

A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.

This 25th day of April, 2012

Rhonda Dauphin Johnson, Municipal Clerk City of Atlanta

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF DEKALB

Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of 12-O-0501

was published in said newspaper on the following date(s): 05/03/12, 05/10/12, 05/17/12

s/ CAROLYN JENNIGAN GLENN CAROLYN J. GLENN, PUBLISHER

Sworn to and subscribed before me this 05/17/12. s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2014 [NOTARY SEAL]

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NOTICE OF PROPOSED AMENDMENT TO THE
CHARTER OF THE CITY OF ATLANTA, GEORGIA

Notice is hereby given that an Ordinance (++12-O-0501++) 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 amend Sections 6-301 and 6-302 and to create new Section 6-315 so as to adopt a fund balance policy in order to comply with Governmental Accounting Standards Board Statement Number Fifty Four ("54"); and for other purposes. A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.

This 25th day of April, 2012

Rhonda Dauphin Johnson, Municipal Clerk

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON

Re: Ad #1876237/Ordinance (12-O-0501)

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:

5/3/12, 5/10/12 & 5/17/12

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S. Holt Agent of the Daily Report

Sworn to and subscribed before me this 21 day of June, 2012

s/ K. MOSLEY Notary Public [NOTARY SEAL]

NOTICE OF PROPOSED AMENDMENT TO THE
CHARTER OF THE CITY OF ATLANTA, GEORGIA Notice is hereby given that an Ordinance (12-O-0501) 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 amend Sections 6-301 and 6-302 and to create new Section 6-315 so as to adopt a fund balance policy in order to comply with Governmental Accounting Standards Board Statement Number Fifty Four ("54"); and for other purposes. A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.

This 25th day of April, 2012

Rhonda Dauphin Johnson, Municipal Clerk City of Atlanta

Filed in the Office of the Secretary of State June 25, 2012. __________

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CITY OF ST. MARYS ) CONTRACTING PROCEDURES.

ST. MARYS CITY COUNCIL ST. MARYS, GEORGIA

First Adoption May 21, 2012

Second Adoption June 4, 2012

At regular meetings of the St. Marys City Council, held in the St. Marys City Hall, St. Marys, Georgia:

Present: William DeLoughy, Mayor Greg Bird, Councilman, Post 1 Nancy Stasinis, Councilwoman, Post 2 Jim Gant, Councilman, Post 3 Keith Post, Councilman, Post 4 John Morrissey, Councilman, Post 5 Sidney Howell, Councilman, Post 6

On motion of Councilmember Post, which carried unanimously, the following Charter amendment was adopted:

A HOME RULE AMENDMENT TO THE ST. MARYS CITY CHARTER, GA. LAWS 1981, PAGE 4763, AS AMENDED, PURSUANT TO AUTHORITY CONFERRED BY THE STATE OF GEORGIA IN O.C.G.A. 36-35-3 IN ACCORDANCE WITH ARTICLE 9, SECTION 2, PARAGRAPH II OF THE GEORGIA CONSTITUTION, TO AMEND SECTION 5-401 OF THE ST. MARYS CITY CHARTER, GA. LAWS 1981, PAGE 4763, AS AMENDED, TO REPEAL CONTRACTING PROCEDURES AND FOR OTHER PURPOSES.

BE IT ORDAINED, by the St. Marys City Council, this 4th day of June, 2012 that the St. Marys City Charter, Ga. Laws 1981, page 4763, as amended, be and it is hereby amended to change Section 5-401. The amended section will read as follows:

Section 5-401. - Contracting procedures.

The mayor and council shall prescribe by ordinance the procedures to be followed in the making of contracts which shall bind the city. All contracts and all ordinances which shall make or authorize contracts shall be approved as to form by the city attorney. Standardized

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contracts prepared by city attorney do not require individual review. Standard form contracts previously prepared or approved by city attorney as such need not be reviewed. The mayor, with council approval, shall sign and authorize all contracts, except as provided in subsection (h) of Section 4-204 of this Charter. The city clerk shall attest all contracts. The original of all contracts shall be maintained on file in the office of the city clerk.

This Amendment shall become effective upon its second passage.

ST. MARYS CITY COUNCIL ST. MARYS, GEORGIA

s/ WILLIAM T. DELOUGHY WILLIAM T. DELOUGHY, MAYOR

ATTEST:

TO FORM

s/ DARLENE M. ROELLIG DARLENE M. ROELLIG, CITY CLERK

s/ GARY MOORE CITY ATTORNEY

AFFIDAVIT OF PUBLICATION

STATE OF GEORGIA COUNTY OF CAMDEN

Personally appeared before the undersigned, Jill B. Helton, who having been duly sworn on oath that she is the Publisher of the Tribune & Georgian, and that the following legal advertisement were published in the Tribune & Georgian on the following dates:

Notice of Home Rule Amendment of the St Marys Charter

Dates Published:

May 16, 25 & 30, 2012

s/ JILL B. HELTON Affiant

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

s/ LISA A. PETTY Notary Public My Commission Expires: 02/04/2014

NOTICE OF HOME RULE AMENDMENT TO THE
ST. MARYS CITY CHARTER

Notice is hereby given that the St. Marys City Council is considering an amendment to Section 5-401 of the St. Marys City Charter, Ga Laws 1981, page 4763, as amended. The second reading of the Charter Amendment shall be on June 4, 2012. The St. Marys City Council may vote on the amendment at that time.
The amendment is for the purpose of changing the contracting procedures for the city attorney on standardized contracts that do not require individual review and standard form contracts previously prepared or approved by city attorney as such need not be reviewed as currently provided in Section 5-401 of the St. Marys City Charter, Ga. Laws 1981, page 4763, as amended.
A copy of the proposed amendment is on file and available for public inspection in the office of the clerk of the City of St. Marys and in the office of the clerk of the Camden County Superior Court. The clerk of the City of St. Marys shall furnish anyone, upon written request, a copy of the proposed amendment.

This the 7th day of May 2012.

City of St. Marys, Georgia Darlene M. Roellig City Clerk

Filed in the Office of the Secretary of State June 26, 2012. __________

CITY OF MACON - TRANSFER OF PROPERTY.

SPONSOR: MAYOR ROBERT A.B. REICHERT

AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA, TO REPEAL CHARTER APPENDIX V OF THE CODE OF ORDINANCES OF THE CITY OF MACON SO AS TO PROVIDE FOR THE TRANSFER OF CENTRAL CITY PARK TO BIBB COUNTY IN ACCORDANCE

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MUNICIPAL HOME RULE ORDINANCES

WITH THE 2011 SERVICE DELIVERY STRATEGY AGREEMENT; AND FOR OTHER PURPOSES.

Purpose: To repeal Appendix V of the Charter of the City of Macon in its entirety so as to provide for the transfer of Central City Park to Bibb County in accordance with the 2011 Service Delivery Strategy Agreement.

WHEREAS, the Mayor and Council of the City of Macon desire to repeal Appendix V of the Charter of the City of Macon in its entirety so as to provide for the transfer of Central City Park to Bibb County in accordance with the 2011 Service Delivery Strategy Agreement; and

WHEREAS, Georgia law specifically authorizes local municipalities to amend their Charters pursuant to authority granted under the Municipal Home Rule Act of 1965 (1965 Ga. Laws, p. 298. et. seq., as amended, O.C.G.A. Sec. 36-35-1 et. seq.,).

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Macon, Georgia, and it is hereby so ordained by the authority of the same:

Section 1

Charter Appendix V of the Code of Ordinances of the City of Macon, relating to the sale and lease of Central City Park (1872 Ga. Laws, page 222, 57; 1971 Ga. Laws, page 2484, 2; 1990 Ga. Laws, page 5265, 1) is repealed in its entirety pursuant to the authority granted the City of Macon under the Municipal Home Rule Act of 1965 (1965 Ga. Laws, p. 298. et. seq., as amended, O.C.G.A. Sec. 36-35-1 et. seq.,) so as to provide for the transfer of Central City Park to Bibb County in accordance with the 2011 Service Delivery Strategy Agreement dated May 9, 2011, as authorized by a resolution of the Mayor and Council of the City of Macon, adopted on the 3rd day of May, 2011, and approved by the Mayor of the City of Macon on the 9th day of May, 2011.

Section 2

The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared illegal by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.

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Section 3

In accordance with Sec. 1-4(c) of the Code of Ordinances of the City of Macon, Georgia, the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Macon, Georgia, and the sections of this Ordinance may be renumbered to accomplish such intention.

Section 4

All ordinances or parts thereof in conflict with this Ordinance are hereby repealed.

SO ORDAINED this 5th day of June, 2012.

s/ JAMES E. TIMLEY President, City Council

SO APPROVED this 6th day of June, 2012.

s/ ROBERT A. B. REICHERT Mayor

City of Macon, Ga.

I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 6-5-2012. Witness my hand and seal of the City of Macon this 6-6-2012.

s/ JOYCE R. HUMPHREY Clerk of Council

SUBMITTED TO MAYOR'S OFFICE June 6, 2012 RETURNED FROM MAYOR'S OFFICE June 8, 2012 2:05 PM

SECOND ADOPTION: SO ORDAINED this 19th day of June, 2012.

s/ JAMES E. TIMLEY President, City Council

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SO APPROVED this 22nd day of June, 2012.

s/ ROBERT A. B. REICHERT Mayor

City of Macon, Ga.

I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 6-19-2012. Witness my hand and seal of the City of Macon this 6-20-2012.

s/ JOYCE R. HUMPHREY Clerk of Council

SUBMITTED TO MAYOR'S OFFICE June 20, 2012 RETURNED FROM MAYOR'S OFFICE June 26, 2012 2:08 PM

STATE OF GEORGIA COUNTY OF BIBB

Personally appeared before me, a notary public within and for above state and county, Clero Wright, who deposes and says she is the classified/legal supervisor for The Macon Telegraph and is duly authorized by the publisher thereof to make this affidavit, and that advertisement as follows has been published in The Macon Telegraph on the following dates:

06/09/2012 06/16/2012 06/18/2012

2907192 # GEORGIA, BIBB COUNTY PUBLIC NOTICE -The City of Macon proposes to repeal Appendix V of its Charter in its entirety so as to provide for the transfer of Central City Park to Bibb County in accordance with the 2011 Service Delivery Strategy Agreement. The proposed charter amendment is available for public inspection in the Office of the City Clerk and the Office of the Bibb County Superior Court Clerk. #2907192: 6/9, 16, 18

SIGNED s/ CLERO WRIGHT

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Sworn to and subscribed before me this 18 day of JUNE 2012

Notary Public s/ KATHLEEN JONES

[SEAL]

Filed in the Office of the Secretary of State July 3, 2012. __________

CITY OF MACON MACON PENSION AND RETIREMENT SYSTEMS; AMENDMENTS.

SPONSOR: MAYOR ROBERT A.B. REICHERT

AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA TO DELETE ARTICLES I THRU XI OF APPENDIX II OF THE CHARTER OF THE CITY OF MACON, RELATING TO THE MACON PENSION AND RETIREMENT SYSTEMS, DIVISION A, (1972 GA. LAWS, PAGE 3152), AND REPLACE THEM WITH REVISED ARTICLES I THRU X TO SATISFY THE REQUIREMENTS FOR QUALIFICATION UNDER SECTION 401(A) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; TO PROVIDE FOR THE CONTINUED PARTICIPATION OF THOSE EMPLOYEES WITH FIVE OR MORE YEARS OF SERVICE WHO ARE BEING TRANSFERRED FROM THE CITY OF MACON TO BIBB COUNTY IN CONNECTION WITH THE SERVICE DELIVERY STRATEGY AGREEMENT ENTERED INTO BETWEEN THE BOARD OF COMMISSIONERS OF BIBB COUNTY AND THE CITY OF MACON DATED MAY 9, 2011; AND FOR OTHER PURPOSES.

Purpose: To bring the provisions of the City of Macon's Charter relating to the general employee's pension plan into compliance with I.R.S. requirements and to provide for the continued participation in the pension plan for those employees with five or more years of service who are being transferred from the City of Macon to Bibb County under the Service Delivery Strategy Agreement.

WHEREAS, Georgia law specifically authorizes local municipalities to amend the provisions of their Charters relating to public retirements systems pursuant to authority granted under the Georgia Public Retirement Systems Standards Act, O.C.G.A. Sec. 47-20-1 et seq. and the Municipal Home Rule Act of 1965 (1965 Ga. Laws, p. 298. et. seq., as amended, O.C.G.A. Sec. 36-35-1 et. seq.,); and

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WHEREAS, certain provisions of the City of Macon's Charter relating to the Macon Pension and Retirement Systems, Division A (hereinafter the "Plan") are not currently in compliance with the requirements for qualification under Section 401(a) of the Internal Revenue Code of 1986, as amended; and

WHEREAS, certain employees of the City of Macon are being transferred from the City of Macon to Bibb County, (hereinafter the "Transferred Employees"), under the Service Delivery Strategy Agreement entered into between the Board of Commissioners of Bibb County and the City of Macon dated May 9, 2011; and

WHEREAS, the Mayor and Council for the City of Macon believe that it is in the best interest of the City and its employees to bring the Plan into compliance with I.R.S. requirements and to provide for the continued participation in the Plan of the Transferred Employees.

NOW THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Macon, Georgia, and it is hereby so ordained by the authority of the same:

Section 1.

Articles I thru XI of Appendix II of the Charter of the City of Macon, relating to the Macon Pension and Retirement Systems, Division A (1972 GA Laws, Page 3152) are amended pursuant to the authority granted the City of Macon under the Georgia Public Retirement Systems Standards Act, O.C.G.A. Sec. 47-20-1 et seq., and the Municipal Home Rule Act of 1965 (1965 Ga. Laws, p. 298, et seq., as amended, O.C.G.A. Sec. 36-35-1, et seq.) by deleting Articles I thru XI in their entirety inserting in their place revised Articles I thru X in substantially the following form as Exhibit "A" attached hereto and incorporated herein by reference. In order to comply with requirements under the Internal Revenue Code of 1986, as amended, the adoption of those amendments set forth in Exhibit "A" providing for the continued participation in the Plan for the Transferred Employees shall be subject to the following requirements: (1) Bibb County adopting the Macon Pension Plan as a participating employer with respect to the Transferred Employees who continue to participate in the Macon Pension Plan; (2) As a participating employer, Bibb County making contributions to the Macon Pension Plan at the fixed rate of 16.85% of covered payroll with respect to the Transferred Employees who continue to participate in the Macon Pension Plan; and (3) The City of Macon and Bibb County executing an intergovernmental agreement effective on or before July 1, 2012, wherein Bibb County agrees to the requirements set forth in items (1) and (2) above.

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Section 2. The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared illegal by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.

Section 3. In accordance with Sec. 1-4(c) of the Code of Ordinances of the City of Macon, Georgia, it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Macon, Georgia, and the sections of this Ordinance may be renumbered to accomplish such intention.

Section 4. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed.

FIRST PASSAGE OF CHARTER AMENDMENT

SO ORDAINED this 5th day of June, 2012.

s/ JAMES E. TIMLEY James E. Timley, President of City Council

SO APPROVED this 6th day of June, 2012.

s/ ROBERT A.B. REICHERT Robert A.B. Reichert, Mayor

SECOND PASSAGE OF CHARTER AMENDMENT

SO ORDAINED this 19th day of June, 2012.

s/ JAMES E. TIMLEY James E. Timley, President of City Council

SO APPROVED this 22nd day of June, 2012.

s/ ROBERT A.B. REICHERT Robert A.B. Reichert, Mayor

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SUBMITTED TO MAYOR'S OFFICE June 6, 2012 RETURNED FROM MAYOR'S OFFICE June 8, 2012 2:05 PM

I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular meeting of the Council of the City of Macon, held 6-5-2012. Witness my hand and seal of the City of Macon this 6-6-2012

s/ JOYCE R. HUMPHREY Clerk of Council

SUBMITTED TO MAYOR'S OFFICE June 20, 2012 RETURNED FROM MAYOR'S OFFICE June 26, 2012 2:08 PM

I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular meeting of the Council of the City of Macon, held 6-19-2012. Witness my hand and seal of the City of Macon this 6-20-2012

s/ JOYCE R. HUMPHREY Clerk of Council

EXHIBIT A

[Subject to Internal Revenue Service Approval]

MACON PENSIONS AND RETIREMENT SYSTEMS, DIVISION A * __________

*Editor's note: Printed in this appendix is 1972 Ga. Laws (Act No. 1155), page 3152. This act reenacted and revived 1951 Ga. Laws (Act No. 123), page 2384, as amended 1956 Ga. Laws (Act No. 357), page 3146. The 1951 act created 1927 Ga. Laws (Act No. 151), p. 1283 (the city's 1927 charter), 431/2. Charter 5-502 incorporated the 1951 and 1956 acts (as amended) by reference, the 1972 act has been included in the charter as appendix II. This appendix does not appear in the charter as enacted by the General Assembly. Amendments to the 1972 act are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provisions remain unchanged from the 1972 act. Obvious misspellings have been corrected without notation. For stylistic

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purposes, a uniform system of headings, catchlines and citations to state statutes has been used. Additions made for clarity are indicated by brackets [].

State law references: Power to maintain and modify retirement or pension systems, Const. Ga. Art. 9, Sec. 2, Par. 3 (a)(14); joint municipal employees benefit system, O.C.G.A. 47-5-1 et seq.; public retirement standards law, O.C.G.A. 47-20-1 et seq. __________

ARTICLE I. DEFINITIONS AND CONSTRUCTION

Sec. 1.1. Definitions

Where the following words and phrases appear in this plan, they shall have the respective meanings set forth below, unless their context clearly indicates to the contrary:
(a) Plan: Division A of the Macon Pensions and Retirement System. (b) Pension Fund: The fund established to receive and invest contributions of the employer and from which benefits are paid. (c) Employer: The City of Macon, Georgia. Effective as of July 1, 2012, the term 'Employer' shall also include Bibb County, Georgia, but only with respect to those employees of Bibb County who are eligible to continue to participate in the plan in accordance with Section 2.5. (d) Committee: The persons appointed to administer the plan. (e) Employee: Any person not specifically excluded in Article II, Section 2.3.
(1) Who is regularly employed by the employer and receiving remuneration for personal services rendered to the employer; and (2) Whose customary employment is for more than 30 hours per week. (f) Pension: A series of monthly amounts which are payable to a person who is entitled to receive benefits under the plan. (g) Retirement: Termination of employment after an employee has fulfilled all requirements for a pension. Retirement shall be considered as commencing on the first day of the month immediately following an employee's last day of employment (or authorized leave of absence, if later). (h) Service: All years and completed months in the employ of the city and while a member of this plan subsequent to the date of this amendment, plus all service accrued under the provisions of the plan prior to the date of this amendment, plus any accumulated past service credits. Employees who have been ineligible for membership in this plan, but who, because of a change in the eligibility requirements, have become eligible, shall be entitled to accumulate past service credits by electing, within 60 days after first becoming eligible, to pay into the pension fund a sum of money equal to that which would have been paid had they been eligible at the time of their employment.

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Each employee who is a member of this plan who has worked for a joint city-county office or who has worked for the City of Macon, and has service for which credit has not been granted in the past due to a break in service may re-establish his or her service effective as of January 1, 1977 by paying within sixty (60) days after said date the amount of employee contributions, as determined by the retirement committee in order to establish and reinstate any broken service not previously credited. (i) Compensation: The remuneration paid to an employee by the employer for services which are rendered during the period considered as service. Compensation for a year shall include salary and wages as reported on the Employee's Federal Income Tax Withholding Statement (Form W-2) plus any additional compensation paid by the employer as salary during that year, including, but not limited to, deferred compensation. (j) Average Monthly Compensation: The result obtained by dividing the total compensation paid to an employee during a considered period by number of months for which compensation was received. The considered period shall be the three years of service which yield the highest average, or such shorter period if service is less than three years. Except with respect to Qualified Participants (as defined below), for Plan Years beginning on and after January 1, 1996, the compensation taken into account during a Plan Year in calculating a Participant's benefit under this Plan shall not exceed the limitations of Internal Revenue Code Section 401(a)(17) in effect as of the beginning of the Plan Year (e.g., $150,000.00 in 1996, $200,000.00 in 2002). For purposes of applying the Section 401 (a)(17) limit, as adjusted, if any Employee is the spouse or a lineal descendant of an Employee (provided the lineal descendant is younger than age 19 by the end of the Plan Year) who is one of the ten (10) "highly compensated employees" (within the meaning of Internal Revenue Code Section 414(q)) paid the greatest amount of earnings (determined without regard to the $150,000.00 limit, as adjusted) during the Plan Year, the Employee shall not be treated as a separate Employee. The preceding sentence shall not, however, apply to any Plan Year that begins on or after January 1, 1997. The limit described in the previous paragraph shall not apply to any Qualified Participant. A Qualified Participant is any Participant who first became a Participant in the Plan before January 1, 1996. Notwithstanding the general rule that the provision of this amendment do not apply to individuals who had a termination of employment before January 1, 1997, this limit on Compensation shall be effective as to such Participants, as well as to individuals who are Participants on and after January 1, 1997. (k) Normal Retirement Date: The first day of the month coinciding with or next following an employee's 60th birthday. (l) Actuarial Equivalent: The term 'Actuarial Equivalent' shall mean equality in value of the aggregate amounts expected to be received under different forms of payment. For this purpose, 'actuarial equivalence' will be based on a 7% interest per annum and, for periods prior to July 1, 2013, a 50%/50% blend of the male and females rates set forth in the 1983

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Group Annuity Mortality Table and, for periods on and after July 1, 2013, the 'applicable mortality table' promulgated under section 417(e)(3) of the Code in effect at such time. (m) Social Security Wage Base: The term 'Social Security Wage Base' shall mean, with respect to any year, the maximum amount of earnings which may be considered wages for such year under Section 3121 (a) (I) of the Internal Revenue Code. (n) Primary Social Security Benefit: The term 'Primary Social Security Benefit' shall mean the monthly amount available at age 65 (or actual retirement, if later) for the benefit of a retired member (excluding any benefit available on behalf of a spouse or dependent) under the provisions of Title II of the Federal Social Security Act in effect on the date of his or her retirement, whether or not such amount is actually paid. If the exact primary social security benefit is not known at retirement, it shall be estimated in accordance with uniform rules adopted by the committee. If a member retires prior to age 65, in accordance with the provisions of Article IV, or terminates employment with a deferred termination benefit in accordance with the provisions of Section 7.1, the amount of his or her primary social security benefit shall be computed by assuming he or she receives no wages after his or her retirement or termination of employment. (o) Effective Date of Amended Plan: [July 1, 2010.], except as otherwise indicated. (Ord. No. O-76-29, 1, 10-18-76; Ord. No. O-84-0017, 1, 5-1-84; Ord. No. O-98-0027, 7-9-98; Ord. No. O-00-0021, 1 (Exh. A). 6-9-05)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated:

Ord. No. O-76-29 O-84-0017 O-98-0027

Adopted 10-18-76 5-1-84 7-9-98

Ga. Laws 1977, p. 4647 1985, p. 5293 1999, p. 5005

Sec. 1.2. Construction.
The masculine gender, where appearing in the plan, shall be deemed to include the feminine gender, unless the context clearly indicates to the contrary. The words 'hereof', 'herein', 'hereunder', and other similar compounds of the word 'here' shall mean and refer to the entire plan, not to any particular provision or section.

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ARTICLE II. ELIGIBILITY AND PARTICIPATION

Sec. 2.1. Eligibility.

Each employee shall be eligible to participate in the plan on the first day of the month coinciding with or next following the date of his or her employment with the employer. (Ord. No. O-74-28, 1, 7-30-74; Ord. No. O-76-29, 1, 10-18-76; Ord. No. O-88-0028, 9-6-88)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-74-28

7-30-74

1975, p. 4834

O-76-29

10-18-76

1977, p. 4647

O-88-0028

9-6-88

1989, p. 5285

Sec. 2.2. Participation.
Each employee shall automatically become a participant hereunder when he or she meets the eligibility requirements as described in Section 2.1 of this Article II. Once an employee has become a participant he or she will continue to be a participant as long as he or she continues to be an employee thereafter as long as he or she retains any right to benefits under the plan.
All employees of the Planning and Zoning Commission are eligible to participate in the plan on January 1, 1977 and will remain a participant if he or she so elects, as long as he or she continues to be an employee and thereafter, as long as he or she retains any rights to benefits under the plan. Each employee will have the right to establish his or her years of past service prior to January 1, 1977, by making the appropriate employee contribution to the plan as determined by the retirement committee. If the employee elects not to make such a contribution, then service for benefit purposes as well as eligibility purposes will commence with January 1, 1977. An employee electing to receive past service credits, shall pay within sixty (60) days into the pension fund the sum of money equal to the amount so determined by the retirement committee. (Ord. No. O-76-29, 1, 10-18-76)

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Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-76-29

10-18-76

1977, p. 4647

Sec. 2.2(a). Recoupment of credit for prior service.
During a sixty (60) day window beginning on the effective date of this charter amendment, any current employee who is an active member of the plan who previously terminated his or her employment with the City of Macon and then was subsequently re-hired by the City of Macon or who though employed by the City of Macon was excluded for a time, may recoup credit for past service in any position for which credit is now allowed by applying and paying into the system the amount equal to a sum determined by a calculation by the Committee and Actuary for such employee for his or her prior employment with the City of Macon, plus five per cent (5%) interest, plus administrative costs as determined by the Committee.
The Employee shall make application and pay the total amount due in one lump sum within the sixty (60) day window period. No credit shall be recouped by the employee until such time as payment has been made in full. (Ord. No. O-08-0008; 1, 3-5-08)
Set. 2.3. Exclusions.
The following persons are excluded from participation in the plan unless specifically included by action of mayor and council:
(a) Officers and employees of the Medical Center of Central Georgia, Macon-Bibb County Hospital Authority, Macon-Bibb County Water and Sewerage Authority, Macon-Bibb County Board of Health, and any and all other boards and authorities of like kind and character acting as quasi-entities apart from the City of Macon but exercising some municipal function; provided however, this exclusion section shall not apply to employees of the Planning and Zoning Commission or the employees transferred from the City of Macon to Bibb County described in Section 2.5 of this Article II; (b) The mayor, city council members, and judge of municipal court; (c) Sworn officers of the fire and police departments; (d) Management interns; and (e) Any employees who are not classified as full-time and permanent. The above exclusions notwithstanding, once a participant has attained eligibility, he or she shall remain eligible so long as full-time employment with the city is maintained. (Ord. No. O-84-0051, 1, 12-4-84; Ord. No. O-03-0008, 1, 3-5-03)

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Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-84-0051

12-4-84

1986, p.5731

Sec. 2.4. Withdrawal of the present value of accrued benefits of participating former City of Macon Transit employees.

In consideration of the transfer of City of Macon Transit employees to the Macon/Bibb County Transit Authority, the Macon Pensions and Retirement System shall on the effective date of this Charter Amendment transfer to the Macon/Bibb County Transit Authority Employees' Pension Plan two hundred fourteen thousand, four hundred seventeen and 00/100 ($214,417.00) dollars (plus any interest accrued on that amount of money from May 1,1981 to the effective date of this amendment), that two hundred fourteen thousand, four hundred seventeen and 00/100 ($214,417.00) dollar amount of money being the present value of accrued benefits for City of Macon Transit employees participating in the Macon Pensions and Retirement System as computed by A. S. Hansen, Actuary, in a report dated April 28, 1981 to the City of Macon. (Ord. No. O-81-0038A, 5-19-81)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-81-00

12-4-84

1986, p.5731

Sec. 2.5. Continued participation by certain employees transferred to Bibb County.
Each employee whose employment is transferred from the City of Macon to Bibb County, Georgia, effective as of July 1, 2012, in connection with the Service Delivery Strategy Agreement entered into between the Board of Commissioners of Bibb County and the City of Macon, dated May 9, 2011, and who is credited with five or more years of Service as of July 1, 2012, or who is otherwise entitled to a vested Pension under the Plan as of such date, shall continue to participate in the Plan after his or her employment is transferred to Bibb County. Such employees' Average Monthly Compensation and years of Service shall include his or her compensation and service with Bibb County on and after July 1, 2012, and he or she shall not be deemed to have retired or otherwise separated from service for purposes of the Plan until such time as he or she retires or separates from service from Bibb County. Such employees' Pension shall be calculated in accordance with the Pension formula and

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other terms and conditions of the Plan as in effect on June 30, 2012, except to the extent required by applicable law.

ARTICLE III. CONTRIBUTIONS* __________ *Editor's note: Prior to being totally revised by Ord. No. O-85-0019, adopted 5-21-85 (published at 1986 Ga. Laws page 5771) article III was amended by the following ordinances: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-76-29

10-18-76

1977, p. 4647

O-80-152

12-16-80

1981, p. 5120

O-84-0017 __________

5-1-84

1985, p. 5293

Sec. 3.1. Employer contributions.

The City of Macon shall appropriate to the Pension Fund annually a sum sufficient to maintain the Plan on a sound financial basis, as determined by a qualified actuary or firm of actuaries. (Ord. No. O-85-0019, 1, 5-21-85)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-85-0019

5-21-85

1986, p.5771

ARTICLE IV. REQUIREMENTS FOR RETIREMENT BENEFITS
See. 4.1. Normal retirement.
An employee shall become fully vested and eligible for a normal pension if his or her employment is terminated on or after his or her 60th birthday provided said employee has completed five or more years of service. Payment of a normal pension shall commence as of the first day of the month coinciding with or next following the date of retirement, and if the employee has received 60 monthly payments, the last payment thereof shall be made as of the first day of the month in which the death of the retired employee occurs.

4690

MUNICIPAL HOME RULE ORDINANCES

Every employee may retire on his or her normal retirement date (subject to the service requirement for a normal pension); however, at the employee's option, an employee may continue working after his or her normal retirement date for an extended period or periods. All employees working beyond the normal retirement date shall provide the employer a minimum of sixty (60) days' notice of intent to retire from employment. (Ord. No. O-84-0017, 3, 5-1-84; Ord. No. O-07-0048, 1, 10-17-07)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-84-0017

5-1-84

1985, p.5293

Sec. 4.2. Early retirement.
An employee shall become fully vested and eligible for an early pension if his or her employment is terminated on or after his or her 55th birthday provided said employee has completed five or more years of service. Payment of an early pension shall commence as of the first day of the month coinciding with or next following the date of retirement, or such later date as the employee may elect but in no event later than the first day of the month following his or her normal retirement date, and if the employee has received 60 monthly payments, the last payment shall be made as of the first day of the month in which the death of the retired employee occurs. (Ord. No. O-07-0048, 1,10-17-07)
Sec. 4.3. Disability retirement.
An employee shall be eligible for a disability pension if his or her employment is terminated by reason of total and permanent disability, provided said employee has completed five or more years of service. Payment of a disability pension shall commence as of the first day of the seventh month coinciding with or next following the date of retirement. If the employee has received 60 monthly payments, the last payment shall be made as of the first day of the month in which the death of the retired employee occurs, or if disability ceases prior to his or her normal retirement date the last payment shall be made on the first day of the month in which disability ceases.
Disability under the plan shall be considered total and permanent if the employee is eligible for and receives disability benefits under the Social Security Act.
Where an employee is not eligible for disability benefits under the Social Security Act, he or she may be otherwise considered totally disabled under the plan if, in the opinion of the Committee, relying on the advice of a licensed physician or physicians, said employee is wholly prevented by his or her physical and/or mental condition from discharging his or her

GEORGIA LAWS 2013 SESSION

4691

usual or comparable duties in an efficient manner. Any employee shall be considered permanently disabled, if, in the opinion of the Committee, relying on the advice of a licensed physician or physicians, said employee is likely to remain so disabled continuously and permanently. The Committee may require an employee, applying for retirement on the basis of total and permanent disability, under the terms of this paragraph, to undergo a medical examination by a physician or physicians designated by the Committee, the expense thereof to be borne by the Committee. Should any such employee refuse to submit to such medical examination or examinations, he or she shall not be granted any retirement benefits during the continuance of such refusal. Once each year the Committee may require an employee receiving a disability benefit under this paragraph who has not reached his or her normal retirement date to undergo a medical examination by a physician or physicians designated by the Committee. If it appears from such medical examination that the disability of an employee who has not reached his or her normal retirement date has ceased, his or her disability benefit shall be discontinued by the Committee. Should any such employee refuse to submit to such medical examination and should he or she fail to undergo such medical examination for a year, all his or her rights in and to his or her disability benefit shall cease. The decision of the committee on these questions shall be final and binding and may not be appealed.
If disability ceases before a retired employee attains his or her normal retirement date and the employee is reemployed by the employer, the pension payable upon his or her subsequent retirement shall be determined in accordance with the provisions of Section 9.2 hereof. (Ord. No. O-92-0027, 11-3-92)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-92-0027

11-3-92

1993, p. 5499

ARTICLE V. AMOUNT OF RETIREMENT BENEFIT
Sec. 5.1. Normal pension.
An employee who meets the requirements for a normal pension shall receive a monthly amount determined as the sum of (i) and (ii) below then multiplied by (iii) below, in accordance with the following:
(i) 1- 52/100% (.0152) of Average Monthly Compensation up to $1,250.00, (ii) 1- 9/10% (.019) of Average Monthly Compensation in excess of $1,250.00, (iii) number of years of Service. If employment continues after an employee's normal retirement date, his or her pension shall commence upon his or her actual retirement, and the amount of such employee's

4692

MUNICIPAL HOME RULE ORDINANCES

pension shall be computed in accordance with this Section 5.1 and in so computing such pension his or her service and compensation up to his or her actual retirement date shall be used. (Ord. No. O-84-0017, 4,5-1-84; Ord. No. O-91-0026, 7-2-91; O-08-0077, 1, 11-10-08)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-84-0017

5-1-84

1985, p. 5293

O-91-0026

7-2-91

1992, p. 7189

Sec. 5.2. Early pension.

An employee who meets the requirements for an early pension shall receive a monthly amount determined as follows:
(a) The early pension commencing at the employee's normal retirement date shall be a monthly amount determined as the sum of (i) and (ii) below then multiplied by (iii) below, in accordance with the following:
(i) 1- 52/100% (.0152) of Average Monthly Compensation up to $1,250.00, (ii) 1- 9/10% (.019) of Average Monthly Compensation in excess of $1,250.00, (iii) number of years of Service. (b) If payment of an early pension commences prior to the employee's normal retirement date, the monthly amount shall be the pension computed in subsection 5.2(a) above, reduced by five-twelfths of one percent (5/12 of 1 %) for each month between the date payments commence and his or her normal retirement date. (Ord. No. O-84-0017, 5,5-1-84; Ord. No. 0-91-0026, 7-2-91; 0-08-0077, 1,11-10-08)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-84-0017

5-1-84

1985, p. 5293

O-91-0026

7-2-91

1992, p. 7189

Sec. 5.3. Disability pension.
An employee who meets the requirements for a disability pension shall receive a monthly amount equal to fifty (50%) percent of his or her average monthly compensation less an

GEORGIA LAWS 2013 SESSION

4693

amount equal to the amount of fifty (50%) percent of his or her actual monthly Primary Social Security disability benefit. In addition, he or she shall receive a monthly amount equal to one-half (1/2) of one (1%) percent of his or her average monthly compensation for each completed year of service in excess of five (5) years. (Ord. No. O-81-0110, 12-15-81)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-81-0010

12-15-81

1983, p. 4943

Sec. 5.4. No loss of benefit.

In no event will an employee who was a participant of the plan on an amendment date receive an amount less than he or she would have received had the plan not been amended, considering his or her total years of service to normal retirement and base earnings in effect at the time of the amendment. (Ord. No. O-84-0017, 6,5-1-84)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-84-0017

5-1-84

1985, p. 5293

Sec. 5.5. Reduction of benefits by workers' compensation benefits.
Notwithstanding anything to the contrary, with respect to any employee whose employment with the City terminates after October 1, 1995, the following monthly benefits shall be reduced:
1. The monthly benefit otherwise payable to the employee for any calendar month under any of the following sections of this Plan (irrespective of whether or not the amount of benefit is computed under Sections 6.1 through 6.4, due to the employee's election of an optional benefit):
a. Normal Pension under Section 5.1; b. Early Pension under Section 5.2; c. Disability Pension under Section 5.3; d. Deferred Termination Benefit under Section 7.1. shall be reduced by the amount of the monthly Workers' Compensation Benefit (not including Medical Expense Reimbursement Benefits or Lump Sum Benefits) otherwise

4694

MUNICIPAL HOME RULE ORDINANCES

paid to the Employee by the City or third party on behalf of the City for any such calendar month. 2. In the event of the employee's death, the monthly benefit otherwise payable to the surviving spouse of any such employee for any calendar month under Section 7.2 or 7.3 shall be reduced by the amount of the monthly Workers' Compensation Benefit (not including Medical Expense Reimbursement Benefits or Lump Sum Benefits) otherwise paid to the surviving spouse of such employee by the City or a third party on behalf of the City for any such calendar month. In the event of the employee's death, the monthly benefit otherwise payable to a minor child of any such employee for any calendar month under Section 7.2 or 7.3 shall be reduced by the amount of the Workers' Compensation Benefit (not including Medical Expense Reimbursement Benefits or Lump Sum Benefits) otherwise paid to said minor child of such employee by the City, for any such calendar month. In the event of the employee's death, the monthly benefit otherwise payable to any other beneficiary of any such employee for any calendar month under Section 7.2 or 7.3 shall be reduced by the amount of the monthly Workers' Compensation Benefit (not including Medical Expense Reimbursement Benefits or Lump Sum Benefits) otherwise paid to such beneficiary of such Employee by the City or any third party on behalf of the City for any such calendar month. 3. In no event, where the only benefit payable under any provision of this plan is the refund of employee contributions, shall the amount of such refund be reduced under this section. (Ord. No. O-95-0018, 8-1-95)

ARTICLE VI. OPTIONAL RETIREMENT BENEFITS

Sec. 6.1. Joint and survivor option.

By filing an application with the committee, an employee may designate his or her spouse (or any dependent approved by the committee) as his or her contingent pensioner and elect to receive a pension payable in accordance with one of the following options, in lieu of the pension to which he or she may otherwise become entitled upon retirement:
(a) Option 1: The employee shall receive a reduced pension payable for life, and payments in the amount of 100% of such reduced pension shall, after the employee's death, be continued to the contingent pensioner during the latter's lifetime. (b) Option 2: The employee shall receive a reduced pension payable for life, and payments in the amount of 66 2/3% of such reduced pension shall, after the employee's death, be continued to the contingent pensioner during the latter's lifetime. (c) If an employee dies after becoming eligible to retire but before applying for retirement, and such member is survived by a spouse, the surviving spouse shall be entitled to receive a benefit as if the member had elected to receive one hundred percent (100) of the member's benefits as provided in Art. VI, section 6.1 (a) such benefits to

GEORGIA LAWS 2013 SESSION

4695

commence on the first day of the month immediately following the death of the employee. (Ord. No. O-05-0017, 1, 5-23-05)

Sec. 6.2. Ten years certain option--Option 3.

The employee may elect to receive a reduced pension payable for life with 120 monthly payments guaranteed. In the event the employee should die before having received 120 monthly payments, the remaining payments will be made to his or her contingent pensioner.
The aggregate of the pension payments expected to be paid to an employee and his or her contingent pensioner under any of the above options shall be the actuarial equivalent of the pension which the employee is otherwise entitled to receive upon retirement.
An employee may elect or revoke an option prior to retirement by filing such election or revocation in writing with the committee prior to retirement. Under no circumstances may an option be changed or revoked after the employee's retirement.
An election made pursuant to this section shall become inoperative in the event that (a) the employee's death occurs prior to actual retirement; or, (b) the death of the contingent pensioner occurs before the employee's actual retirement.

Sec. 6.3. Level income option--Option 4.

If payment of a pension commences prior to the earliest age as of which the employee will become eligible for an Old-Age Insurance Benefit under the Social Security Act, the amount of the pension may be adjusted so that an increased amount will be paid prior to such age and a reduced amount thereafter; the purpose of this adjustment is to enable the employee to receive, from this plan and under the Social Security Act, an aggregate income in approximately a level amount for life. Such adjusted pension payments shall be the actuarial equivalent of the pension otherwise payable to such employee.

Sec. 6.4. Other forms of payment--Option 5.

If a pension payable under this plan is less than twenty-five dollars ($25.00) per month, the committee may direct that, in lieu of such pension, the actuarial equivalent thereof shall be paid in a lump sum, or in a series of uniform monthly, quarterly, or annual amounts for life or for a designated period of time.
The time during which payment shall be made of any of the other forms of payment provided for in this Article shall be limited to a period not exceeding the life or the life expectancy of the Employee and/or contingent pensioner.
Notwithstanding anything herein to the contrary, if the actuarial value of an Employee's benefit under any optional benefit is less than 50% of the value of the benefit otherwise payable to the Employee, the optional benefit shall be adjusted so that the value of the

4696

MUNICIPAL HOME RULE ORDINANCES

Employee's benefit under the option will be equal to an amount not less than 50% of the value of the benefit otherwise payable to the Employee. (Ord. No. O-88-0047, 11-15-88)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-88-0047

11-15-88

1989, p. 5330

Sec. 6.5. Direct Rollovers.
Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributee's election under this Section 6.5, a Distributee may elect, at the time and in the manner prescribed by the Committee, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover. For purposes of this Section the following definitions shall apply:
(a) Eligible Rollover Distribution: The term 'Eligible Rollover Distribution' means is 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 Section 401(a)(9) of the Internal Revenue Code; and the portion of any distribution that is not includible in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities). (b) Eligible Retirement Plan: The term 'Eligible retirement Plan' means an individual retirement account described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code, an annuity plan described in Section 403(a) of the Internal Revenue Code, or a qualified trust described in Section 401(a) of the Internal Revenue Code, 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. For these purposes, an Eligible Retirement Plan shall also mean an annuity contract described in Section 403(b) of the Internal Revenue Code and an eligible plan under Section 457(b) of the Internal Revenue Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and which agrees to separately account for amounts

GEORGIA LAWS 2013 SESSION

4697

transferred into such plan from this Plan. The definition of Eligible Retirement Plan shall also apply in the case of a distribution to a surviving spouse. (c) Distributee: The term 'Distributee' includes an Employee or former Employee. In addition, the Employee's or former Employee's surviving spouse are distributees with regard to the interest of the spouse. For distributions after December 31, 2009, a non-spouse beneficiary who is a "designated beneficiary" under Section 401(a)(9)(E) of the Internal Revenue Code and the regulations thereunder, may by a direct trustee-to-trustee transfer ("direct rollover"), roll over all or any portion of his or her distribution to an Individual Retirement Account (IRA) the beneficiary establishes for purposes of receiving the distribution. In order to be able to roll over the distribution, the distribution otherwise must satisfy the definition of an "eligible rollover distribution" under Section 401(a)(31) of the Internal Revenue Code. Although a non-spouse beneficiary may roll over directly a distribution, the distribution is not subject to the direct rollover requirements of Section 401(a)(31) of the Internal Revenue Code, the notice requirements of Section 402(f) of the Internal Revenue Code or the mandatory withholding requirements of Section 3405(c) of the Code. If a non-spouse beneficiary receives a distribution from the Plan, the distribution is not eligible for a 60-day (non-direct) rollover. If the Participant's named beneficiary is a trust, the Plan may make a direct rollover to an IRA on behalf of the trust, provided the trust satisfies the requirements to be a "designated beneficiary" within the meaning of Section 401(a)(9)(E) of the Internal Revenue Code. (d) Direct Rollover: The term 'Direct Rollover' means a payment by the Plan to the Eligible Retirement Plan specified by the Distributee.

ARTICLE VII. OTHER BENEFITS

Sec. 7.1. Deferred termination benefit.

Upon an employee's termination of employment for any reason other than death or retirement, he or she shall be entitled to a deferred monthly benefit commencing as of his or her early or normal retirement date, as defined in Article IV.
The benefit shall be computed in the same manner as an early pension, as defined in Article V, Section 5.2, Paragraph (a), considering compensation and service up to the date of termination, and in accordance with the following vesting percentages: TABLE INSET:

Years of Service at Date of Separation

Percentage of City Paid Portion of Benefit

Ord. No.

Adopted

5 years but less than 6 years

25%

6 years but less than 7 years

30%

4698

MUNICIPAL HOME RULE ORDINANCES

7 years but less than 8 years

35%

8 years but less than 9 years

40%

9 years but less than 10 years

45%

10 years but less than 11 years

50%

11 years but less than 12 years

60%

12 years but less than 13 years

70%

13 years but less than 14 years

80%

14 years but less than 15 years

90%

15 years and over.

100%

If the payment of an employee's deferred termination benefit commences as of his or her early retirement date, the benefit as described in this section shall be reduced as defined in Article V, Section 5.2, Paragraph (b). (Ord. No. O-80-152, 12-16-80; Ord. No. O-87-0041, 1, 11-17-87)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-80-152

12-16-80

1981, p. 5120

O-87-0041

11-17-87

1988, p. 5443

Sec. 7.2. Death benefit.
If the death of an employee who has a surviving spouse occurs before actual retirement, and such employee has at least five (5) years of service, a benefit equal to fifty (50) percent of the employee's benefit, computed in accordance with section 5.1(a) considering average monthly compensation and service at date of death, shall be payable to such spouse. For purposes of this section 7.2, surviving spouse or spouse shall be the person to whom the employee was married on the date of his or her death. The spouse's benefit shall commence on the first day of the month following the employee's death, with payment continuing for the lifetime of the spouse. If the spouse dies before receiving benefits equal to the amount of the employee's contribution to the plan, the difference between the employee's own contributions and the actual benefits paid will be refunded to the spouse's estate.
If there is no surviving spouse or if there is a surviving spouse but the employee had less than five (5) years of service and the death of the employee occurs after his or her normal

GEORGIA LAWS 2013 SESSION

4699

retirement date but prior to his or her retirement, and if the employee would have been entitled to a pension if his or her retirement had occurred immediately prior to his or her death, a pension shall be payable to the employee's beneficiary designated pursuant to section 7.3 for sixty (60) months in an amount equal to the pension which the employee would have received if his or her retirement had taken place immediately prior to his or her death. If an optional benefit under section 6.1 is in effect at the time of the employee's death, any death benefit payable will be in accordance with the option elected. After the sixty (60) monthly payments have been made to the beneficiary, the beneficiary will receive an amount equal to the excess, if any, of the employee's own contributions over the actual benefits paid.
If there is no surviving spouse or if there is a surviving spouse but the employee had less than five (5) years of service and if termination of employment is caused by the death of an employee and if death occurs before attainment of an employee's normal retirement date, but after becoming eligible for early retirement, a pension shall be payable to the employee's beneficiary, designated pursuant to section 7.3, for sixty (60) months. The amount of such pension shall be equal to the pension which the employee would have received if his or her retirement had taken place immediately prior to his or her death. After the sixty (60) monthly payments have been made to the beneficiary, the beneficiary will receive an amount equal to the excess, if any, of the employee's own contributions over the actual benefits paid.

If there is no surviving spouse and the death of an employee occurs before age fifty-five (55), no benefit is payable under the plan with the exception of the return of the employee's contributions, if any. (Ord. No. O-85-0019, 2,5-21-85; Ord. No. O-91-0025, 7-2-91)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-85-0019

5-21-85

1986, p. 5771

O-91-0025

7-2-91

1992, p. 7183

Sec. 7.3. Post-retirement death benefit.
If an optional benefit under Article VI is in effect at the time of the employee's retirement or death, any death benefit payable will be in accordance with the option elected.
If a retired employee is receiving a pension under Article V and no option was elected and if his or her death occurs before he or she has received payments for 60 months, the employee's beneficiary shall be entitled to a monthly pension for the remainder of the 60 month period, that is, until such time as 60 monthly payments have been made to the employee and his or her beneficiary. The monthly amount payable to the beneficiary shall

4700

MUNICIPAL HOME RULE ORDINANCES

be equal to the monthly amount of pension which the employee was receiving prior to his or her death.
Every employee shall designate the beneficiary who shall receive the benefit, if any, which is payable upon his or her death under this Section 7.3. An employee may change or revoke his or her designation of beneficiary at any time and from time to time. The designation of a beneficiary, and any change or revocation thereof, shall be made in writing on forms approved by the committee. An employee may also designate a contingent beneficiary to receive benefits under this section in the event the primary beneficiary's death occurs before all payments under this Section 7.3 have been made. If an employee fails to designate a beneficiary, or if no designated beneficiary survives the employee, or if all designated beneficiaries die before all payments required by this Section 7.3 have been made, the remaining payments shall be paid in accordance with the following order of precedence:
(a) to the employee's surviving spouse; or, if there be none surviving, (b) to the employee's surviving children (in equal shares); or, if there be none surviving, (c) to the employee's surviving parents (in equal shares); or, if there be none surviving, (d) to the employee's estate.

Sec. 7.4. Cost of living adjustment.

Beginning sixty (60) days immediately following the effective date of this ordinance and each January 1 thereafter, all retired employees and beneficiaries thereof eligible to receive a monthly retirement payment shall receive an annual cost of living adjustment increase of 1.5% of their monthly retirement benefit, except that no such increase shall be effective as to any year for which such increase is disapproved by the governing body of the City of Macon, based on the financial soundness of the plan. The monthly retirement payment shall be adjusted by multiplying the amount of the monthly payment by 1.5%. (Ord. No. O-76-29, 1, 10-18-76; Ord. No. O-98-0041, 7.4,9-15-98; Ord. No. O-03-0024, 1, 7-17-03)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-76-29

10-18-76

1977, p. 4647

O-98-0041

9-15-98

1999, p. 5033

GEORGIA LAWS 2013 SESSION

4701

Sec. 7.5. Refund of employee contributions.

In no event will the total amount paid to or on account of an employee under Articles V and VII of the plan be less than the amount he or she has contributed to the pension fund, if any.
Upon the termination of an employee who is not eligible for any benefit under the plan, such employee shall receive a refund of his or her employee contributions, if any said contributions were made by employee. Any employee entitled to a deferred termination benefit, as defined under Section 7.1, shall not ordinarily receive a refund of employee contributions, if any such contributions have been made. However, should any employee entitled to a deferred termination benefit request a refund of his or her employee contributions, if any, then said employee shall sign a Waiver of Deferred Termination Benefit before such refund is granted and shall have no other remaining rights or interest in the plan. (Ord. No. O-85-0019, 3, 5-21-85)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-85-0019

5-21-85

1986, p. 5771

ARTICLE VIII. ADMINISTRATION
Sec. 8.1. Appointment, composition and terms.
The plan shall be administered by a retirement committee who shall be appointed by the mayor and confirmed by the Council of the City of Macon. All usual and reasonable expenses of the committee may be paid by the employer. The members of the committee shall not receive compensation with respect to their services for the committee.
The committee shall be composed of seven (7) members as listed below, the terms of the appointees serving immediately prior to passage of this amendment shall expire on the earlier of the dates shown following each respective post, or when a successor has been selected and qualified, or when said appointee ceases to meet the eligibility requirements as set out for each post:
Post 1, Post 2 and Post 3 shall be filled by city employees, April 1, 1996; Post 4 and Post 5 shall be filled by city council members, April 1, 1998; Post 6 shall be filled by a retired employee of the City of Macon, April 1, 1996; Post 7 shall be filled by a citizen of Macon who is knowledgeable in investment finance, April 1, 1998.

4702

MUNICIPAL HOME RULE ORDINANCES

The members of the committee serving immediately prior to enactment of this amendment shall continue to serve after enactment for the respective terms of their post as set out above.
Following expiration of the initial terms under this amendment, appointments to the committee shall be made for terms of four (4) years, or until a successor is appointed and qualified, or said member ceases to meet the eligibility requirements for his or her post. Qualified members shall be eligible for reappointment. Provided, however, that no member who has served three (3) full terms after January 1, 1992 shall be eligible for reappointment until a minimum of three (3) years has elapsed. Appointments made to fill vacancies occurring during a term shall be made for the unexpired portion of the term.
All members of the committee shall serve at the pleasure of the employer and may be removed by the mayor prior to the expiration of their respective terms with approval of a majority vote of city council members. (Ord. No. O-92-0034, 1-5-93)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-92-0034

1-5-93

1994, p. 5210

Sec. 8.2. Committee powers and duties.
The committee shall have such powers as may be necessary to discharge its duties hereunder, including, but not by way of limitation, the following powers and duties:
(a) to construe and interpret the plan, decide all questions of eligibility and determine the amount, manner and time of payment of any benefits hereunder; (b) to prescribe procedures to be followed by employees in filing applications for benefits; (c) to make a determination as to the right of any person to a benefit and to afford any person dissatisfied with such determination the right to a hearing thereon; (d) to receive from the employer and from employees such information as shall be necessary for the proper administration of the plan; (e) to prepare and distribute, in such manner as the committee determines to be appropriate, information explaining the plan; (f) to furnish the employer, upon request, such annual reports with respect to the administration of the plan as are reasonable and appropriate; (g) to receive and review the annual evaluation of the plan made by the actuary; (h) to receive and review reports of the financial condition and of the receipts and disbursements of the pension fund; (i) to appoint or employ an administrator for the plan and any other agents it deems advisable, including an actuarial and legal counsel.

GEORGIA LAWS 2013 SESSION

4703

The committee shall have no power to add to, subtract from, or modify any of the terms of the plan, nor to change or add to any benefits provided by the plan, nor to waive or fail to apply any requirement of eligibility for a pension under the plan. (Ord. No. O-92-0034, 1-5-93)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-92-0034

1-5-93

1994, p. 5210

Sec. 8.3. Rules and decisions.

The retirement committee may adopt such rules and actuarial tables as it deems necessary or desirable. All rules and decisions of the committee shall be uniformly and consistently applied to all employees in similar circumstances.
Any rule or decision which is not inconsistent with the provisions of the plan shall be conclusive and binding upon all persons affected by it and there shall be no appeal from any ruling by the committee which is within its authority.
When making a determination or calculation, the committee shall be entitled to reply upon information furnished by the employer, the legal counsel of the employer, or the actuary for the plan.

Sec. 8.4. Committee procedures.

The committee shall adopt such bylaws as it deems desirable. The committee shall elect one of its members as chairman, one of its members as vice chairman, and one of its members as committee secretary. The secretary of the committee shall keep a record of all meetings and forward all necessary communications to the actuary. The secretary shall perform any other duties as may be prescribed by the bylaws. The committee may also select a recording secretary who may not be a member of the committee and who shall perform duties as prescribed by the bylaws. (Ord. No. O-92-0034, 1-5-93)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-92-0034

1-5-93

1994, p. 5210

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MUNICIPAL HOME RULE ORDINANCES

Sec. 8.5. Authorization of benefit payments.

The committee shall issue directions concerning all benefits which are to be paid from the pension fund pursuant to the provisions of the plan. The committee shall keep on file, in such manner as it may deem convenient or proper, all reports of the pension fund.

ARTICLE IX. MISCELLANEOUS

Sec. 9.1. Reemployment of former employees.

If an employee's employment is terminated prior to becoming eligible for a pension and the employee is subsequently reemployed by the employer, the employee shall not receive any credit for his or her previous period of employment. Such an employee shall be treated in the same manner as a person who was not previously in the employer's employ. In no event shall the plan, in its operation, allow for any duplication of benefits.

Sec. 9.2. Reemployment of retired employees.

If a retired employee is reemployed by the employer, no pension payments shall be made during the period of such reemployment. Upon the subsequent termination of employment by such an employee, the employee shall be entitled to receive a pension based on his or her service and compensation prior to the date of his or her previous retirement, as well as his or her service and compensation during the period of his or her reemployment. In the case of reemployment of a retired employee who received any pension payments prior to his or her reemployment, the pension payable upon his or her subsequent retirement shall be reduced by the actuarial equivalent of any pension payments he or she previously received.

Sec. 9.3. Nonalienation of benefits.

Except with respect to any indebtedness owing to the employer, the Macon Firemen's Credit Union, the Macon Police Credit Union, Macon Transit Employees' Federal Credit Union, or the City Employees' Credit Union, benefits payable under this plan shall not be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, charge, garnishment, execution, or levy of any kind, either voluntary or involuntary, including any such liability which is for alimony or other payments for the support of a spouse or former spouse, or for any other relative of the employee, prior to actually being received by the person entitled to the benefit under the terms of the plan, and any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber, charge or otherwise dispose of any right to benefits payable hereunder, shall be void. The pension fund shall not in any manner be liable for, or subject to, the debts, contracts, liabilities, engagements of torts of any person entitled to benefits hereunder.

GEORGIA LAWS 2013 SESSION

4705

(1981 Ga. Laws, page 5120; Ord. No. O-80-152, 12-16-80)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-80-152

12-16-80

1981, p. 5120

Sec. 9.4. Military Service.
Notwithstanding any provision of this plan to the contrary, contributions, benefits, and service credit with respect to qualified military service will be provided in accordance with Section 414(u) of the Internal Revenue Code. In the case of a death or disability occurring on or after January 1, 2007, if a Participant dies while performing qualified military service (as defined in Section 414(u) of the Code), the survivors of the Participant are 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 and then terminated employment on account of death. For years beginning after December 31, 2008, (a) an individual receiving a differential wage payment, as defined by Section 3401(h)(2) of the Internal Revenue Code, shall be treated as an employee of the Employer making the payment, (b) the differential wage payment shall be treated as Compensation, and (c) the Plan shall not be treated as failing to meet the requirements of any provision described in Section 414(u)(1)(C) of the Internal Revenue Code by reason of any contribution or benefit which is based on the differential wage payment. (Ord. No. O-05-0021, 1 (Exh. A), 6-9-05)
Sec. 9.5. Forfeiture of Benefits.
Notwithstanding any other provision of the Plan to the contrary, a Participant's entire Accrued Benefit under the Plan shall be forfeited in the manner and to the extent provided under O.C.G.A. 47-1-21 through 47-1-24, if a Participant is convicted of a public employment, drug related, or other covered crime. (Ord. No. O-05-0021, 1 (Exh. A), 6-9-05)
Sec. 9.6. Benefits Supported only by Trust Fund.
Any person having any claim under the Plan will look solely to the assets of the Pension Fund for satisfaction. In no event will the city or any of its officials, members of its commission or agents, be liable in their individual capacities to any person whomsoever under the provisions of the Plan. Upon complete or partial termination of the Plan, the rights

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MUNICIPAL HOME RULE ORDINANCES

of all affected employees to benefits accrued as of the date of such termination shall become nonforfeitable to the extent the system is then funded.

ARTICLE X. SPECIAL DISTRIBUTION RULES

Sec. 10.1. Required Minimum Distribution Rules.

Notwithstanding anything contained herein to the contrary, the Committee shall direct that payment of a member's Pension commence by the first day of April in the calendar year following the later of (a) the calendar year in which the member attains age seventy and one-half (70-1/2), or (b) the calendar year in which the member retires. The foregoing requirement shall be administered by the Committee in accordance with a reasonable and good faith interpretation of Section 401(a)(9) of the Internal Revenue Code pursuant to Treas. Reg. Section 1.401(a)(9)-1, A-2(d). (Ord. No. O-05-0021, 1 (Exh. A), 6-9-05)

Sec. 10.2. Limitation on Benefits.

The annual benefit payable under this system to an employee at any time shall not exceed the maximum permissible amount. "Maximum permissible amount" shall mean $160,000.00, as adjusted by the Secretary of the Treasury for each calendar year under Section 415(d) of the Internal Revenue Code, with the new limitation to apply to limitation years ending within the calendar year of the date of the adjustment. The limitations, adjustments, and other requirements set forth in this Article X shall comply with the provisions of Section 415 of the Internal Revenue Code (specifically including any special rules under Sections 415(b)(2)(G) and 415(b)(11) of the Internal Revenue Code) and the final regulations promulgated thereunder, the terms of which are specifically incorporated herein by reference for Limitation Years beginning on or after July 1, 2007, except where an earlier effective date is otherwise provided in the final regulations or in this Article X. The application of the provisions of this Article X shall not cause the maximum permissible amount for any employee to be less than the employee'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 (provided such provisions were both adopted and in effect before April 5, 2007, and satisfied the applicable requirements of statutory provisions, regulations, and other published guidance relating to Section 415 of the Internal Revenue Code in effect as of the end of the last limitation year beginning before July 1, 2007).

GEORGIA LAWS 2013 SESSION

4707

STATE OF GEORGIA COUNTY OF BIBB

Personally appeared before me, a notary public within and for above state and county, Clero Wright, who deposes and says she is the classified/legal supervisor for The Macon Telegraph and is duly authorized by the publisher thereof to make this affidavit, and that advertisement as follows has been published in The Macon Telegraph on the following dates:

05/20/2012 05/26/2012 06/02/2012

2905474 # GEORGIA, BIBB COUNTY PUBLIC NOTICE -The City of Macon proposes to amend Appendix II of its Charter related to the general employees' pension plan to make additional changes required to bring the plan into compliance with I.R.S. requirements, to provide that certain employees transferred from the City of Macon to Bibb County under the Service Delivery Strategy Agreement shall not be excluded from participation in the plan, and to make the plan language gender-inclusive. The proposed charter amendment is available for public inspection in the Office of the City Clerk and the Office of the Bibb County Superior Court Clerk. #2905474: 5/20,26; 6/2

SIGNED s/ CLERO WRIGHT

Sworn to and subscribed before me this 02 day of JUNE 2012

Notary Public s/ KATHLEEN JONES [SEAL]

STATE OF GEORGIA COUNTY OF BIBB

Personally appeared before me, a notary public within and for above state and county, Clero Wright, who deposes and says she is the classified/legal supervisor for The Macon Telegraph and is duly authorized by the publisher thereof to make this affidavit, and that advertisement as follows has been published in The Macon Telegraph on the following dates:

06/10/2012 06/16/2012 06/18/2012

2907215 # GEORGIA, BIBB COUNTY PUBLIC NOTICE -The City of Macon proposes to re-amend Appendix II of its Charter so as to bring the general employees' pension plan into compliance with I.R.S. requirements and to provide for the continued participation in the plan for those employees with five or more years of service who are being transferred

4708

MUNICIPAL HOME RULE ORDINANCES

from the City of Macon to Bibb County under the Service Delivery Strategy Agreement. The proposed charter amendment is available for public inspection in the office of the City Clerk and the Office of the Bibb County Superior Court Clerk. #2907215: 6/10,16,18

SIGNED s/ CLERO WRIGHT

Sworn to and subscribed before me this 18 day of JUNE 2012

Notary Public s/ KATHLEEN JONES [SEAL]

Filed in the Office of the Secretary of State July 3, 2012. __________

CITY OF MACON MACON FIRE AND POLICE EMPLOYEES PENSION PLAN; COMPLIANCE WITH I.R.S. REGULATIONS.

SPONSOR: COUNCIL MEMBER LARRY SCHLESINGER COUNCIL MEMBER FRANK TOMPKINS

COMMITTEE AMENDMENT

AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA TO DELETE ARTICLES I THRU XI OF APPENDIX III OF THE CHARTER OF THE CITY OF MACON, RELATING TO THE MACON FIRE AND POLICE EMPLOYEES RETIREMENT SYSTEM, (1969 GA. LAWS, PAGE 2801), AND REPLACE THEM WITH REVISED ARTICLES I THRU X TO SATISFY THE REQUIREMENTS FOR QUALIFICATION UNDER SECTION 401(A) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; AND FOR OTHER PURPOSES.

Purpose: To bring the provisions of the City of Macon's Charter relating to the Macon Fire and Police Employee's Pension Plan into compliance with I.R.S. requirements.

WHEREAS, Georgia law specifically authorizes local municipalities to amend the provisions of their Charters relating to public retirements systems pursuant to authority granted under the Georgia Public Retirement Systems Standards Act, O.C.G.A. Sec. 47-20-1 et seq. and the Municipal Home Rule Act of 1965 (1965 Ga. Laws, p. 298. et. seq., as amended, O.C.G.A. Sec. 36-35-1 et. seq.,); and

GEORGIA LAWS 2013 SESSION

4709

WHEREAS, certain provisions of the City of Macon's Charter relating to the Macon Fire and Police Employees Retirement System (hereinafter the "Plan") are not currently in compliance with the requirements for qualification under Section 401(a) of the Internal Revenue Code of 1986, as amended; and

WHEREAS, the Mayor and Council for the City of Macon believe that it is in the best interest of the City and the employees of the fire and police departments to bring the Plan into compliance.

NOW THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Macon, Georgia, and it is hereby so ordained by the authority of the same:

Section 1.

Articles I thru XI of Appendix III of the Charter of the City of Macon, relating to the Macon Fire and Police Employees Retirement System (1969 Ga. Laws, Page 2801) are amended pursuant to the authority granted the City of Macon under the Georgia Public Retirement Systems Standards Act, O.C.G.A. Sec. 47-20-1 et seq., and the Municipal Home Rule Act of 1965 (1965 Ga. Laws, p. 298, et seq., as amended, O.C.G.A. Sec. 36-35-1, et seq.) by deleting Articles I thru XI in their entirety and inserting in their place revised Articles I thru X in substantially the following form as Exhibit "A" attached hereto and incorporated herein by reference.

Section 2.

The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared illegal by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.

Section 3.

In accordance with Municipal Home Rule Act of 1965, (1965 Ga. Laws, p. 298, et seq., as amended, O.C.G.A. Sec. 36-35-1, et seq.), it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Charter of the City of Macon, Georgia, and the sections of this Ordinance may be renumbered to accomplish such intention.

Section 4.

All ordinances or parts thereof in conflict with this Ordinance are hereby repealed.

4710

MUNICIPAL HOME RULE ORDINANCES

FIRST PASSAGE OF CHARTER AMENDMENT

SO ORDAINED this 21st day of August, 2012.

s/ JAMES E. TIMLEY James E. Timley, President of City Council

SO APPROVED this 22nd day of August, 2012.

s/ ROBERT A.B. REICHERT Robert A.B. Reichert, Mayor

SECOND PASSAGE OF CHARTER AMENDMENT

SO ORDAINED this 4th day of September, 2012.

s/ JAMES E. TIMLEY James E. Timley, President of City Council

SO APPROVED this 7th day of September, 2012.

s/ ROBERT A.B. REICHERT Robert A.B. Reichert, Mayor

City of Macon, Ga

I do hereby certify that the above and hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 8-21-2012. Witness my hand and seal of the City of Macon this 8-22-2012.

s/ JOYCE R. HUMPHREY Clerk of Council

SUBMITTED TO MAYOR'S OFFICE August 22, 2012 RETURNED FROM MAYOR'S OFFICE August 23, 2012 5:15 PM

GEORGIA LAWS 2013 SESSION

4711

City of Macon, Ga

I do hereby certify that the above and hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 9-4-2012. Witness my hand and seal of the City of Macon this 9-5-2012.

s/ JOYCE R. HUMPHREY Clerk of Council

SUBMITTED TO MAYOR'S OFFICE September 5, 2012 RETURNED FROM MAYOR'S OFFICE September 7, 2012 5:25 PM

EXHIBIT A

MACON FIRE AND POLICE EMPLOYEES RETIREMENT SYSTEM*

*Editor's note: Printed in this appendix is 1969 Ga. Laws (Act No. 304), page 2801. This act added a section 70A to Acts 1927 (Act. No. 119), page 1283 (the city's 1927 charter). As Charter 5-502 incorporated such provisions by reference, the 1969 act has been included in the charter as appendix III. This appendix does not appear in the chatter as enacted by the General Assembly. Amendments to the 1969 Act are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provisions remain unchanged from the 1969 Act. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state statutes has been used. Additions made for clarity are indicated by brackets [].

State law references: Public retirement systems standards law, O.C.G.A. 47-20-1 et seq. _____________

ARTICLE I. DEFINITIONS* _____________
*Editor's note: Ord. No. O-80-143 adopted on 11-18-80 (published at 1981 Ga. L. p. 5117) amends paragraph (5), article I, section 1 of the act codified in this article so as to change to effective date for such paragraph from January 1, 1980 to December 1, 1979. The ordinances listed below are published in the Georgia Laws as indicated:

4712

MUNICIPAL HOME RULE ORDINANCES

TABLE INSET: Ord. No. O-80-89 O-93-0025 O-95-0017 _____________

Adopted 7-1-80 12-7-93 8-1-95

Ga. Laws 1981, p. 5105 1994, p. 5390 1995 (Ex. Sess.) p. 463

As used in this section [chapter], the following words shall have the meaning as set forth below unless as otherwise required by the context:
(1) 'System' shall mean the Macon Fire & Police Department Employees' Retirement System as provided herein. (2) 'Effective date'--July 1, 1969. The effective date of this amended and restated system document shall be July 1, 2010, except as otherwise indicated. The retirement benefits under the system as of the effective date of this amendment and restatement shall not be reduced as a result of the changes made by the amendment and restatement. (3) 'City' shall mean the City of Macon, Georgia. (4) 'Board' shall mean the Retirement Board of Trustees provided for in Article VIII of this section [chapter]. (5) 'Basic compensation' shall mean actual monthly compensation paid during any month to an employee exclusive of reimbursed expenses, overtime, and all other unusual compensation except that worker's compensation benefits (not including medical expense reimbursement benefits or any lump sum payments) paid in lieu of salary in accordance with Ga. Code Section 114-404 [O.C.G.A. 34-9261] to an employee shall be basic compensation up until the employee's retirement date; (6) 'Average compensation' shall mean the annual average of basic compensation paid by the city to an employee based on the three calendar years of service, whether consecutive or nonconsecutive, which yields the highest average prior to his or her retirement.
Except with respect to Qualified Employees (as defined below), for calendar years beginning on and after January 1, 1996, the compensation taken into account during a calendar year in calculating an employee's benefit under this system shall not exceed the limitations of section 401(a)(17) of the Code in effect as of the beginning of the calendar year (e.g., $150,000.00 in 1996, $200,000.00 in 2002). The limit described in the previous paragraph shall not apply to any Qualified Employee. A 'Qualified Employee' is any employee who first became an employee in the system before January 1, 1996. (7) 'Fund' shall mean the medium to which employee contributions and city contributions made under the terms of the system are accumulated and out of which all benefits under the terms of the system are paid.

GEORGIA LAWS 2013 SESSION

4713

(8) 'Employee' shall mean all full-time, permanent firefighters and police officers employed by the city. (9) 'Service' shall mean all years and completed months (expressed as a fraction of a year, but six or more months shall be considered as a full year) of employment, whether continuous or not, of an employee of the city, excluding any period of employment during which the employee was on authorized leave of absence without pay for more than 30 days. (10) 'City contributions' shall mean payments by the city to the system as determined by the actuary as necessary to maintain an actuarially sound system. (11) 'Employee contributions' shall mean payments deducted from the basic compensation of an employee and credited to his or her individual account in the system. (12) 'Accumulated contributions' shall mean with respect to any employee, the aggregate of his or her employee contributions. (13) 'Actuarial equivalent' shall mean the condition of equilibrium which exists between two or more benefits of different incidence of payment valued at the same point in time and under the same actuarial assumptions. For this purpose, 'actuarial equivalence' for annuity forms of payment will be based on a 7% interest per annum and, for periods prior to July 1, 2013, a 50%/50% blend of the male and females rates set forth in the RP-2000 Mortality Table for annuitants and, for periods on and after July 1, 2013, the 'applicable mortality table' promulgated under section 417(e)(3) of the Code in effect at such time. (14) 'Individual account' shall mean the detailed records kept of the amount of employee contributions credited or charged to each employee under the system in accordance with the terms of the system. (15) 'Beneficiary' shall mean the person or persons entitled to receive any benefits at the death of the employee and who has been designated by the employee by written notice to the board. If no person or persons so designated are living at the time of the death of the employee, the beneficiary shall be the estate of the employee. (16) 'Prior system' shall mean the retirement system for police and fire department employees in effect prior to the enactment of the system. (17) 'Widow', where used, shall mean surviving spouse. (18) 'Code' shall mean the Internal Revenue Code of 1986, as amended. (Ord. No. O-80-89, 7-1-80; Ord. No. O-93-0025,12-7-93; Ord. No. O-95-0017, 8-1-95; Ord. No. O-05-0018, 1(Exh. A), 5-23-05)

ARTICLE II. ELIGIBILITY AND MEMBERSHIP

(1) Eligibility.

Each employee shall be eligible to participate in the system on the first day of the month coinciding with or next following the date of his or her employment.

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MUNICIPAL HOME RULE ORDINANCES

(2) Membership.

Each employee who becomes a member or a prior system member on the effective date of this system, and each new member after the effective date, shall make application for membership in the system. Such application shall include designation of beneficiaries to receive any death benefits paid in accordance with the system.
Such application shall also include the employee's acceptance of the terms and conditions of the system and the fund.
Once an employee has become a member, he or she shall continue to be a member as long as he or she continues to be an employee and thereafter as long as he or she retains any rights to benefits under the system.
Participation in the system will not give any employee the right to be retained in the employ of the city nor upon dismissal to have any rights or interest in the system other than as herein provided. (Ord. No. O-85-0018, 1, 5-21-85)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-85-0018

5-21-85

1986, p. 5764

ARTICLE III. RETIREMENT DATES

(1) Normal retirement date.

The normal retirement of an employee shall be the first day of the month coinciding with or next following the date which is twenty-five (25) years from the date the employee became a member of the system and the attainment of age fifty (50), whichever is later. A participant shall become fully vested upon attaining his or her normal retirement date.
Any employee may retire from the employment of the city on his or her normal retirement date, except as otherwise provided in subsections (2) and (3) of this Article III. (Ord. No. O-80-152, 11-10-80; Ord. No. O-84-0038, 1, 10-2-84; Ord. No. O-87-0040, 2, 11-17-87)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-80-152

11-10-80

1981, p. 5114

GEORGIA LAWS 2013 SESSION

4715

O-84-0038 O-87-0040

10-2-84 11-17-87

1986, p. 5727 1988, p. 5447

(2) Delayed retirement date.

An employee may choose to remain in the active employ of the city beyond his or her normal retirement date for an extended period or periods provided he or she demonstrates his or her ability to perform the functions of the job adequately. The employee may retire from the city on the first day of any month during such extended period and such date shall be the delayed retirement date of the employee. All employees working beyond the normal retirement date shall provide the city a minimum of sixty (60) days' notice of intent to retire from employment. An employee shall retire from the employment of the city on the first day of the month coinciding with or next following the attainment of age seventy (70). (Ord. No. O-84-0038, 1, 10-2-84)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-84-0038

10-2-84

1986, p. 5727

(3) Early retirement date.

An employee may retire from the employment of the city on the first day of any month prior to his or her normal retirement date, provided the employee has completed twenty-five (25) years of service. Such date of retirement shall be the early retirement date of the employee.
The early retirement date for the purpose of a deferred benefit under Article V, Section (3) shall be the first day of the month coinciding with or next following the date which is twenty-five (25) years from the date the employee became a member of the system. (Ord. No. O-87-0040, 3, 11-17-87)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-87-0040

11-17-87

1988, p. 5447

4716

MUNICIPAL HOME RULE ORDINANCES

(4) Disability retirement date.

(a) In Line of Duty. An employee who becomes totally and permanently disabled, as hereinafter defined, from causes arising out of and in the course of his or her employment, shall be retired on the first day of the month next following the date upon which the board makes a determination that the employee is permanently and totally disabled, or upon the day the board makes such determination if made on the first day of a month. (b) Not in Line of Duty. An employee who becomes totally and permanently disabled from causes not arising out of and in the course of his or her employment, but after the completion of fifteen (15) years of service, shall be retired on the first day of the month next following the date upon which the board makes a determination that the employee is permanently and totally disabled or upon the day the board makes such determination if made on the first day of a month. Should an employee become disabled prior to completion of five (5) years of service, except as provided in (a) above, the employee shall receive only a refund of his or her accumulated contributions, if he or she has made such contributions. (c) Determination of Total and Permanent Disability. An employee shall be considered totally disabled if, in the opinion of the board, relying on the advice of a licensed physician or physicians, he or she is wholly prevented by his or her physical and mental condition from discharging his or her usual duties in an efficient manner. An employee shall be considered permanently disabled if, in the opinion of the board, relying on the advice of a licensed physician or physicians, such employee is likely to remain so disabled continuously and permanently from a cause other than specified in Section (4)(d) below. The decision of the board on these questions shall be final and binding and shall not be appealed.
The board may require an employee, applying for retirement on the basis of total and permanent disability, whether in the line of duty or not, to undergo a medical examination by a physician or physicians designated by the board, the expense thereof to be borne by the board. Should any such employee refuse to submit to such medical examination or examinations, he or she shall not be granted any retirement benefits during the continuance of such refusal.
The board shall consider heart and respiratory diseases as a cause of total disability in the line of duty in the case of an employee, relying on the advice of a licensed physician, or physicians, if the employee is wholly prevented by such disease, or diseases, from discharging his or her usual duties in an efficient manner, but no employee shall be entitled to disability benefits as a result of disability from heart disease or respiratory disease unless such employee shall have served at least five consecutive years as an employee immediately preceding the date of disability. (d) An employee shall not be entitled to receive any disability retirement income if the disability is a result of the following:

GEORGIA LAWS 2013 SESSION

4717

(1) Injury or disease sustained by the employee while willfully and illegally participating in acts of violence, riots, civil insurrections or while committing a felony; (2) Injury or disease sustained by the employee while serving in any armed forces of any country; (3) Injury or disease sustained by the employee after his or her employment has terminated; (4) Injury or disease sustained by the employee while working for anyone other than the city and arising out of such employment; or (5) Intentional, self-inflicted injury. (e) Termination of Disability Retirement Benefit. Once each year the board may require any employee receiving a disability benefit who has not reached his or her normal retirement date to undergo a medical examination by a physician or physicians designated by the board. If it appears from such medical examination that the disability of an employee who has not reached his or her normal retirement date has ceased, his or her disability benefit shall be discontinued by the board. Should any such employee refuse to submit to such medical examination and should he or she fail to undergo such medical examination for a year, all his or her rights in and to his or her disability benefit shall cease. If the disability retirement benefit of an employee is discontinued prior to the normal retirement date of the employee because the disability of the employee has ceased and if such employee is reemployed by the city within six months following the date such disability ceases, then automatically after such reemployment the employee shall accumulate benefits as an employee and any benefits to which the employee thereafter may become entitled under any of the provisions of the system will be subject to the provision that average compensation during such period of disability shall be considered as being at the same rate as was in effect on the date the participant became totally and permanently disabled. (1972 Ga. Laws (Act No. 955), page 2449, 1; 1972 Ga. Laws (Act No. 1457), page 3822, 1-3; Ord. No. O-81-0038A, 5-5-81; Ord. No. O-85-0018, 2 ,5-21-85; Ord. No. O-87-0040, 4, 11-17-87)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

5-5-81

1982, p. 5299

O-85-0018

5-21-85

1986, p. 5764

O-87-0040

11-17-87

1988, p. 5447

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MUNICIPAL HOME RULE ORDINANCES

ARTICLE IV. RETIREMENT BENEFITS

(1) Normal retirement benefit.

An employee shall, upon retirement on his or her normal retirement date, receive a monthly retirement benefit equal to one-twelfth (1/12) of fifty (50) percent of his or her average compensation. An employee with more than twenty-five (25) years of service shall have included in the computation of his or her normal retirement benefit an additional two percent (2%) of average compensation for each year of service in excess of twenty-five (25) years; provided, however, that the total amount of average compensation to be considered shall not exceed seventy percent (70%). The first of said monthly retirement payments shall be made on his or her normal retirement date and subsequent such payments shall be made on his or her normal retirement date and subsequent such payments shall be made on the first day of each calendar month thereafter during the employee's lifetime. The minimum normal retirement benefit to be paid under this section [article] shall be five hundred dollars ($500.00) per month. (Ord. No. O-74-4, 1, 4-9-74; Ord. No. O-88-0004, 3-15-88; Ord. No. O-01-0015, 4-3-01)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-74-4

4-9-74

1975, p. 4830

O-88-0004

3-15-88

1989, p. 5220

O-01-0015

4-3-01

2001 (Ex. Sess.), p. 831

(2) Delayed retirement benefit.
An employee shall, upon retirement on his or her delayed retirement date, receive a monthly retirement benefit, the amount of which shall be computed in the same manner as for his or her normal retirement benefit, based on average compensation as of his or her delayed retirement date. The first of said monthly retirement payments shall be made on his or her delayed retirement date and subsequent such payments shall be made on the first day of each calendar month thereafter during the employee's lifetime.
The monthly delayed retirement benefit to be paid under this section [article] shall be $500.00 per month. (Ord. No. O-01-0015, 4-3-01)

GEORGIA LAWS 2013 SESSION

4719

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated. TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-01-0015

4-3-01

2001 (Ex. Sess.), p. 831

(3) Early retirement benefit.
An employee shall, upon retirement on his or her early retirement date, receive a monthly retirement benefit, the amount of which shall be computed in the same manner as for his or her normal retirement benefit, based on average compensation as of his or her early retirement date, except that such amount shall be reduced by five twenty-fourths of one percent for each month by which the early retirement date precedes the normal retirement date. The first of said monthly retirement payments shall be made on his or her early retirement date and subsequent such payments shall be made on the first day of each calendar month thereafter during the employee's lifetime.
(4) Disability retirement benefit.
(a) In Line of Duty. An employee, upon retirement on his or her disability retirement date, as defined in Article 111(4)(a), shall receive a monthly retirement benefit which shall commence on the employee's disability retirement date and shall be continued on the first day of each month thereafter during the lifetime and continued disability of the employee. The amount of such immediate monthly benefit shall be determined in the same manner as for a normal retirement benefit, except that average compensation shall be computed as of the disability retirement date of the employee. (b) Not in Line of Duty. An employee, upon retirement on his or her disability retirement date, as provided in Article III(4)(b), shall receive an immediate monthly retirement benefit which shall commence on the employee's disability retirement date and shall be payable on the first day of each month thereafter during the lifetime and the continued disability of the employee. The amount of such immediate monthly benefit shall be determined in the same manner as for a normal retirement benefit except that average compensation shall be determined as of the employee's disability retirement date, but reduced in accordance with his or her length of service as set forth in the following schedule:
TABLE INSET:
15 years actual service--40% of benefit
16 years actual service--45% of benefit
17 years actual service--50% of benefit

4720

MUNICIPAL HOME RULE ORDINANCES

18 years actual service--55% of benefit 19 through 25 years actual service--65% of benefit

If an employee has less than five (5) years of service, he or she shall receive a refund of his or her accumulated contributions, if he or she has made such contributions. (1972 Ga. Laws, (Act No. 1457), page 3822, 4; Ord. No. O-85-0018, 3,5-21-85; Ord. No. O-87-0040, 5, 11-1787; Ord. No. O-89-0025, 8-1-89)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-85-0018

5-21-85

1986, p. 5764

O-87-0040

11-17-87

1988, p. 5447

O-89-0025

8-1-89

1990, p. 5437

(5) Reduction of benefits by workers' compensation benefits.
Notwithstanding anything to the contrary, with respect to any employee whose employment with the City terminates after October 1, 1995, the following monthly benefits shall be reduced:
1. The monthly benefit otherwise payable to the employee for any calendar month under any of the following sections of this Plan:
a. Normal Retirement Benefit under Section (1) of Article IV. b. Delayed Retirement Benefit under Section (2) of Article IV. c. Early Retirement Benefit under Section (3) of Article IV. d. Disability Retirement Benefit under Section (4) of Article IV. e. Termination under Section (3) of Article V. shall be reduced by the amount of the monthly Workers' Compensation Benefit (not including Medical Expense Reimbursement Benefits or Lump Sum Benefits) otherwise paid to the employee by the City or third party on behalf of the City for any such calendar month. 2. The monthly benefit otherwise payable to the surviving spouse of any such employee for any calendar month under Section (1) or (2) shall be reduced by the amount of the monthly Workers' Compensation Benefit (not including Medical Expense Reimbursement Benefits or Lump Sum Benefits) otherwise paid to the surviving spouse of such employee by the City for any such calendar month. In the event of the employee's death, the monthly benefit otherwise payable to a minor child of any such employee for any

GEORGIA LAWS 2013 SESSION

4721

calendar month under Section (1) or (2) shall be reduced by the amount of the Workers' Compensation Benefit (not including Medical Expense Reimbursement Benefits or Lump Sum Benefits) otherwise paid to said minor child of such employee by the City, for any such calendar month. In the event of the employee's death, the monthly benefit otherwise payable to any other beneficiary of any such employee for any calendar month under Section (1) or (2) shall be reduced by the amount of the monthly Workers' Compensation Benefit (not including Medical Expense Reimbursement Benefits or Lump Sum Benefits) otherwise paid to such beneficiary of such employee by the City or any third party on behalf of the City for any such calendar month. (Ord. No. O-95-0017, 8-1-95)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-95-0017

8-1-95

1995 (Ex. Sess.), p. 463

(6) Cost of living adjustment.

Beginning May 12, 2003 and each January 1 thereafter, all retired employees and beneficiaries thereof eligible to receive a monthly retirement payment shall receive an annual cost of living adjustment increase of 1.5% of their monthly retirement benefit, except that no such increase shall be effective as to any year for which such increase is disapproved by the governing body of the City of Macon, based on financial soundness of the plan. The monthly retirement payment shall be adjusted by multiplying the amount of the monthly payment by 1.5%. This ordinance shall also apply to all employees who retired prior to May 12, 2003. (Ord. No. O-98-0041, 9-15-98; Ord. No. O-03-0007, 1, 2-2-03)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-98-0041

9-15-98

1999, p. 5033

(7) Supplemental benefit.
A supplemental benefit of $100.00 per month shall be paid to current and future retirees (but not including spouses or other beneficiaries) with twenty-five (25) years of full time service credit with the City of Macon or who become eligible for disability retirement except that no such supplemental benefit shall be effective as to any year for which such

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MUNICIPAL HOME RULE ORDINANCES

supplemental benefit is disapproved by the governing body of the City of Macon, based on the financial soundness of the plan. (Ord. No. O-07-0047, 1, 10-17-07)

ARTICLE IV-A. OPTIONAL RETIREMENT BENEFITS

(1) Joint and survivor option.

By filing an application with the Board, any employee may designate his or her spouse (or any dependent approved by the Board) as his or her contingent pensioner and elect to receive a pension payable in accordance with one of the following options, in lieu of the pension to which he or she may otherwise become entitled upon retirement.
(a) Option 1: The employee shall receive an actuarial equivalent pension payable for life, and payments in the amount of 66 2/3% of such actuarial equivalent pension shall, after the employee's death, be continued to the contingent pensioner during the latter's lifetime.
(b) Option 2: The employee shall receive an actuarial equivalent pension payable for life, and payments in the amount of 100% of such actuarial equivalent pension shall, after the employee's death, be continued to the contingent pensioner during the latter's lifetime.
(c) Option 3: The employee may elect to receive an actuarial equivalent pension, payable for life with 120 monthly payments guaranteed. In the event the employee should die before having received 120 monthly payments, the remaining payments will be made to his or her contingent pensioner. (Ord. No. O-01-0016, 2-7-01)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated. TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-01-0016

2-7-01

2001 (Ex. Sess.), p. 833

(2) Aggregate payments.
The aggregate of the pension payments expected to be paid to an employee and his or her contingent pensioner under any of the above options shall be the actuarial equivalent of the pension which the employee is otherwise entitled to receive upon retirement. (Ord. No. O-01-0016, 2-7-01)

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4723

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated. TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-01-0016

2-7-01

2001 (Ex. Sess.), p. 833

(3) Election of options.

An employee may elect or revoke an option prior to retirement by filing such election or revocation in writing with the Board prior to retirement. Under no circumstances may an option be changed or revoked after the employee's retirement. (Ord. No. O-01-0016, 2-7-01)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated. TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-01-0016

2-7-01

2001 (Ex. Sess.), p. 833

(4) Death before retirement.

An election made pursuant to this section shall become inoperative in the event that: (a) the employee's death occurs prior to actual retirement; or (b) the death of the contingent pensioner occurs before the employee's actual retirement. (c) If an employee dies after becoming eligible to retire but before applying for retirement, and such member is survived by a spouse, the surviving spouse shall be entitled to receive a benefit as if the member had elected to receive one hundred percent (100%) of the member's benefits as provided in Art. IV-A (1)(b) Option 2, such benefits to commence on the first day of the month immediately following the death of the employee. (Ord. No. O-01-0016, 2-7-01; Ord. No. O-05-0014, 1, 5-23-05)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated. TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-01-0016

2-7-01

2001 (Ex. Sess.), p. 833

4724

MUNICIPAL HOME RULE ORDINANCES

(5) Direct Rollovers.

Notwithstanding any provision of this system to the contrary that would otherwise limit a distributee's election under this Article IV, a distributee may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover.
For purposes of this section the following definitions shall apply: (a) 'Eligible rollover distribution' shall mean any distribution of all or any portion of the balance to the credit of the distributee, including any portion of the distribution that is not includable in gross income to the extent permitted by the Code, 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 (10) years or more; and any distribution to the extent such distribution is required under section 401(a)(9) of the Code. (b) 'Eligible retirement plan' shall mean an individual retirement account described in section 408(a) of the Code, an individual retirement annuity described in section 408(b) of the Code, an annuity plan described in section 403(a) of the Code, a qualified trust described in section 401(a) of the Code, or an individual retirement plan described in Code Section 408A (Roth IRA), 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. For these purposes, an eligible retirement plan shall also mean an annuity contract described in section 403(b) of the Code and an eligible plan under section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and which agrees to separately account for amounts transferred into such plan from this system. The definition of eligible retirement plan shall also apply in the case of a distribution to a surviving spouse. (c) 'Distributee' shall include an employee or former employee. In addition, the employee's or former employee's surviving spouse is a distributee with regard to the interest of the spouse. For distributions after December 31, 2009, a non-spouse beneficiary who is a "designated beneficiary" under section 401(a)(9)(E) of the Code and the regulations thereunder, may by a direct trustee-to-trustee transfer ("direct rollover"), roll over all or any portion of his or her distribution to an individual retirement account (IRA) the beneficiary establishes for purposes of receiving the distribution. In order to be able to roll over the distribution, the distribution otherwise must satisfy the definition of an "eligible rollover distribution" under section 401(a)(31) of the Code. Although a non-spouse beneficiary may roll over directly a distribution, the distribution is not subject to the direct rollover requirements of section 401(a)(31) of the Code, the notice

GEORGIA LAWS 2013 SESSION

4725

requirements of section 402(f) of the Code or the mandatory withholding requirements of section 3405(c) of the Code. If a non-spouse beneficiary receives a distribution from the system, the distribution is not eligible for a 60-day (non-direct) rollover. If the employee's named beneficiary is a trust, the system may make a direct rollover to an IRA on behalf of the trust, provided the trust satisfies the requirements to be a "designated beneficiary within the meaning of section 401(a)(9)(E) of the Code. (d) 'Direct rollover' shall mean a payment by the system to the eligible retirement plan specified by the distributee.

ARTICLE V. DEATH OR TERMINATION OF EMPLOYMENT

(1) Death before retirement.

(a) In Line of Duty. If any employee shall lose his or her life or later die from injuries received while in the discharge of his or her duties, and shall leave a widow and/or child or children under the age of eighteen (18) years, and unmarried, the board shall authorize and direct payment of a monthly benefit to the widow, child or children, but only in the following amounts and on the following conditions:
(i) The widow shall receive a monthly income of fifty per cent (50%) of the normal retirement benefit the employee would otherwise have received (average compensation being based on the thirty-six (36) months immediately preceding death), plus an additional fifteen per cent (15%) for the first minor child, twenty per cent (20%) for two minor children, and twenty-five per cent (25%) for three or more minor children. (ii) If there be no widow, one (1) unmarried child under the age of eighteen (18) years shall receive a monthly income of fifty per cent (50%) of the normal retirement benefit the employee would otherwise have received (average compensation being based on the thirty-six (36) months immediately preceding death); two children shall receive fifty-five per cent (55%) of said benefit; three or more children shall receive sixty per cent (60%) of said benefit. (iii) If there be a surviving widow and she subsequently dies, then the child or children shall receive the benefit applicable under Article V, Section (1)(a)(ii), just as if there had been no widow at member's death. (iv) If there be a surviving widow and she remarries, then the child or children shall receive the benefit applicable under Article V, Section (1)(a)(i). (b) Not in Line of Duty. If an employee dies from causes not attributed to his or her active duties, providing that such employee shall have fifteen (15) or more years service prior to the date of his or her death, the board shall authorize and direct payment of a monthly benefit to the widow, child or children, in the following amounts: (i) The widow shall receive a monthly income of fifty per cent (50%) of the non-service disability retirement benefit as provided in Article IV, Section (4)(b), that the employee would otherwise have received (average compensation being based on the thirty-six (36)

4726

MUNICIPAL HOME RULE ORDINANCES

months immediately preceding death), plus an additional fifteen per cent (15%) for the first minor child, twenty per cent (20%) for two minor children, and twenty-five per cent (25%) for three or more minor children. (ii) If there be no widow, one (1) unmarried child under the age of eighteen (18) years shall receive a monthly income of fifty per cent (50%) of the non-service disability retirement benefit as provided in Article IV, Section (4)(b) that the employee would otherwise have received (average compensation being based on the thirty-six (36) months immediately preceding death); two children shall receive fifty-five per cent (55%) of said benefit; three or more children shall receive sixty per cent (60%) of said benefit. (iii) If there be a surviving widow and she subsequently dies, then the child or children shall receive the benefit applicable under Article V, Section (1)(b)(ii), just as if there had been no widow at member's death. (iv) If there be a surviving widow and she remarries, then the child or children shall receive the benefit applicable under Article V, Section (1)(b)(i). If an employee dies from causes not attributed to his or her active duties, but has less than fifteen (15) years of service, the employee's accumulated contribution, if any, shall be paid to the employee's beneficiary in a lump sum. (1972 Ga. Laws (Act No. 1457), page 3822, 5, 6)

Editor's note: Ord. No. O-81-0110, adopted 11-18-80 (published at 1981 Ga. L. p. 5117) amends paragraph (1), article V, section 1 of the act codified in this article so as to change to effective date for such paragraph from January 1, 1980 to December 1, 1979.

(2) Death benefit after retirement.

If an employee dies subsequently to actual retirement, his or her widow shall receive a benefit equal to fifty (50) percent of the benefit the employee was receiving at the time of his or her death; provided, however, the minimum benefit to be paid under this section [article] shall be five hundred dollars ($500.00) per month. (Ord. No. O-88-0013, 5-17-88; Ord. No. O-01-0015, 4-3-01)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-88-0013

5-17-88

1989, p. 5242

O-00-0015

4-3-01

2001 (Ex. Sess.), p. 831

GEORGIA LAWS 2013 SESSION

4727

(3) Termination of employment.

Upon an employee's termination of employment for any reason other than death, disability or retirement, he or she shall be entitled to a deferred monthly benefit commencing as of his or her early or normal retirement date, as defined in Article III.
The benefit shall be computed in the same manner as defined in Article IV, Section (1), considering average compensation at the date of termination. The benefit shall then be multiplied by a fraction (not greater than 1), the numerator of which shall be the employee's years of service at date of termination not to exceed twenty-five (25) years, and the denominator of which shall be twenty-five (25) years. In addition, the benefit, as determined above, is adjusted in accordance with the vesting percentages, as follows: TABLE INSET:

Years of Service at Date of Separation

Percentage of City Paid Portion of Benefit

Less than 5 Years

0%

5 years but less than 6 years

10%

6 years but less than 7 years

20%

7 years but less than 8 years

30%

8 years but less than 9 years

40%

9 years but less than 10 years

50%

10 years but less than 11 years

60%

11 years but less than 12 years

70%

12 years but less than 13 years

80%

13 years but less than 14 years

90%

14 years and over

100%

If the payment of an employee's deferred termination benefit commences as of his or her early retirement date, the benefit described in this section [article] shall be reduced by fivetwelfths (5/12) of one (1) percent for each month by which the early retirement date precedes the normal retirement date.
Upon the termination of an employee who is not eligible for any benefit under the plan, such employee shall receive a refund of his or her employee contributions, if any said contributions were made by employee. Any employee entitled to a deferred termination benefit, as defined under this section [article], shall not ordinarily receive a refund of

4728

MUNICIPAL HOME RULE ORDINANCES

employee contributions, if any such contributions have been made. However, should any employee entitled to a deferred termination benefit request a refund of his or her employee contributions, if any, then said employee shall sign a waiver of deferred termination benefit before such refund is granted and shall have no other remaining rights or interest in the plan. (Ord. No. O-87-0040, 1, 11-17-87)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-87-0040

11-17-87

1988, p. 5447

(4) Reemployment.

Between the dates of January 1, 1977 and December 31, 1977, should a former employee who previously had participated in this system be re-employed, he or she may recoup credit for his or her past service under the system by applying and paying into the system the amount which the system had refunded to such employee upon his or her prior termination plus any administrative costs all as determined by the board. The board shall be furnished with a copy of the result of a physical examination taken by said employee. Said board shall notify applicant of the sum required to be paid into the fund and the method of payment and re-admit said employee to said system with prior service credit in said system upon payment of said sum. (Ord. No. O-76-59, 1-14-77; Ord. No. O-85-0018, 4, 5-21-85)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-76-59

1-14-77

1978, p. 4839

O-85-0018

5-21-85

1986, p. 5764

(5) Recoupment of credit for prior service.
Within ninety (90) days of the effective date of this Section 5 of Article V, any full-time employee of the Macon Fire and Police Departments currently employed by those departments on today's date who contributed to the Macon Fire and Police Retirement System Fund and terminated his or her employment and was subsequently reemployed, may recoup credit for his or her past service under the system by applying and paying into the system a lump sum amount which the system had refunded to such employee upon his or her

GEORGIA LAWS 2013 SESSION

4729

prior termination, plus five percent (5%) of the total refunded amount plus any administrative costs, as determined by the board.
The employee shall make application and pay the total amount due in one lump sum within the window period. No credit shall be recouped by the employee until such time as payment has been made in full. (Ord. No. O-01-0017, 3-12-01; Ord. No. O-05-0045, 8-18-05)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-01-0017

3-12-01

2001 (Ex. Sess.), p. 836

ARTICLE VI. CONTRIBUTIONS

(1) Employee contributions.

For any employee who on the effective date of this system was a member of the General Employee's Retirement System of the City of Macon and who made contributions to that system, the board shall have such contributions transferred to the fund and created under this system and such contributions will be credited to the individual account of each such employee. (Ord. No. O-74-4, 2, 4-9-74; Ord. No. O-80-89, 7-1-80; Ord. No. O-85-0018, 5, 5-21-85)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-74-4

4-9-74

1975, p. 4830

O-80-89

7-1-80

1981, p. 5105

O-85-0018

5-21-85

1986, p. 5764

(2) City contributions.
The city shall quarterly make contributions as determined by the actuary as necessary to keep the system actuarially sound. The board relying on the advice of the actuary, may from time to time increase or decrease the amount of the city contributions, provided, however, the benefits to be paid or made available under the system are not affected at any time. All

4730

MUNICIPAL HOME RULE ORDINANCES

city contributions shall be paid to the fund and shall be irrevocable except as herein provided and shall be used only for the benefit of the employees and their beneficiaries.
Investment of all employee contributions and all city contributions made toward the cost of the system will be accomplished through the fund. Payments of all benefits of all employees and beneficiaries shall be accomplished through the system. (1972 Ga. Laws (Act No. 1457), page 3822, 7)

ARTICLE VII. RETIREMENT BOARD OF TRUSTEES

(1) Appointment and term of office.

The board shall consist of five (5) active members. The five members shall consist of two (2) Councilpersons appointed by the Mayor, one (1) representative of the police department, chosen by a majority vote of the police officers both active and retired, one (1) representative of the fire department, chosen by a majority vote of the firefighters both active and retired, and a private citizen of the city (who is knowledgeable in investment finance), to be selected by the above-mentioned four. Every other term, the representative to the Board from the firefighters and from the police officers shall be a retiree and on the alternate terms from the firefighters and from the police officers, an active duty representative. The terms of office of the board members elected by the active and retired police officers and firefighters and the private citizen member, chosen as above, shall each be for a term of two (2) years and until a successor has been selected and qualified. Provided further that the terms of the retirees shall be alternate so that there will only be one (1) retiree representative on the Board and one (1) active duty representative on the Board at any time with the representative of the police being a retiree in the first term next following the effective date of this ordinance. The city attorney shall serve as legal counsel for and advisor to the board. (1972 Ga. Laws (Act No. 1457), page 3822, 8; Ord. No. O-08-0001, 1, 2-5-08)

(2) Organization of the board.

The board shall elect a chairman and a secretary from among its members. The board may appoint such agents, who need not be members of such board, as it may deem necessary for the effective performance of its duties and it may delegate to such agents such powers and duties whether ministerial or discretionary as the board may deem expedient or appropriate. The compensation of such agent shall be fixed by the board within limits set by the city commissioners. The board shall act by majority vote of its active members. The board members shall serve without compensation.

GEORGIA LAWS 2013 SESSION

4731

(3) Powers of the board.

The board shall have complete control of the administration of the system with all powers necessary to enable it to properly carry out its duties in that respect. Not in limitation, but in amplification of the foregoing, such board shall have the power to construe the said system and to determine all questions which shall arise thereunder and shall also have all the powers herein conferred upon it. It shall decide all questions relating to eligibility of employees to participate in the benefits of the system and shall determine the benefits of this system to which any employee or his or her beneficiary may be entitled. All disbursements shall be made upon, and in accordance with, written instructions of the board, signed by the secretary. The decision of the board upon all matters within the scope of its authority shall be binding upon all parties of this instrument, employees and their beneficiaries.
The board shall establish rules and procedures to be followed by employees and beneficiaries in filing applications for benefits and in furnishing and verifying proof necessary to determine age and any other matters required to administer the system.
The board shall receive all applications for benefits. Upon receipt by the board of such an application, it shall determine all facts which are necessary to establish the right of the applicant to benefits under the provisions of the system and the amount thereof as herein provided. Upon request, the board will afford any applicant the right of hearing with respect to any findings of fact or determination.
The board shall prepare and distribute to the employees, at the expense of the city, and in such manner as it shall be deemed appropriate, information concerning the system.
To enable the board to perform its functions, the city shall supply full and timely information to the board of all matters relating to the compensation of the employees, their length of service, their retirement or other causes for termination of employment, and such other pertinent facts as the board may require.
The board shall designate an actuary who shall be the technical advisor of the board regarding the operation of the system and shall perform such other duties as are required in connection therewith.
The board shall be entitled to rely upon all tables, valuations, certificates, and reports furnished by the actuary and upon all opinions given by the city attorney, and the board shall be fully protected in respect to any action taken or suffered by them in good faith in reliance upon the advice or opinion of any such actuary or counsel, and all action so taken or suffered shall be conclusive upon each of them and upon all employees or other persons interested in the system.

(4) Records of board.

All acts and, determinations of the board shall be duly recorded by the secretary thereof, or under his or her supervision, and all such records, together with such other documents as

4732

MUNICIPAL HOME RULE ORDINANCES

may be necessary for the administration of the system shall be preserved in the custody of such secretary.

(5) Exemption from liability of board.

The members of the board, and each of them, shall be free from all liability, joint or several, for their acts, omissions and conduct, and for the acts, omissions and conduct of their duly constituted agents, in the administration of the system and the city shall indemnify and save them, and each of them, harmless from the effects and consequences of their acts, omissions and conduct in their official capacity, except to the extent that such effects and consequences shall result from their own willful misconduct.

(6) Annual audit required.

An annual audit prepared by a certified public accountant chosen by the board shall be made at the close of each fiscal year (June 30) of all the transactions of the system. (1972 Ga. Laws (Act No. 1457), page 3822, 9)

ARTICLE VIII. TRUST AND TRUSTEE

The board at its own discretion shall appoint the trustee. The trust agreement shall be in such form and containing such provisions as the board deems appropriate, including, but not by way of limitation, the position with respect to the liability of the trustees, the authority of the board to settle the accounts of the trustee on behalf of all persons having interest in the trust and from time to time shall appoint a new trustee in place of any then acting trustee. With respect to any payment to or for the benefit of any employee or beneficiary under the system the trustee shall follow the directions of the board.
When entered into, the trust agreement shall be deemed to form a part of the system and any and all rights to benefits which may accrue to any person under the system shall be subject to all the terms and provisions of the trust agreement. A trust fund shall be established under the terms of said trust agreement and all employee contributions and city contributions shall be paid into the system and the trustee shall be authorized, subject to the direction of the board, to administer such fund, investing and reinvesting the fund in any investments which are legal investments for insurance companies under the laws of this state, as the same may now or hereafter provide. (1972 Ga. Laws (Act No. 1457), page 3822, 10)

GEORGIA LAWS 2013 SESSION

4733

ARTICLE IX. MISCELLANEOUS

(1) Headings.

The headings and subheadings in this system have been inserted for convenience of reference only and are to be ignored in any construction of the provisions hereof.

(2) Construction.

In the construction of this system the masculine shall include the feminine and the singular the plural in all cases where such meanings would be appropriate.
The system shall be construed in accordance with the law of the State of Georgia.

(3) Spendthrift clause.

To the extent permitted by law, none of the benefits, payments, proceeds or distributions under this system shall be subject to the claims of any creditor of the employee or to the claim of any creditor of any beneficiary hereunder or to any legal process by any creditor of such employee or any such beneficiary whomsoever, save by and at the instance of the City of Macon or the Macon Police Credit Union or the Macon Firemen's Credit Union, corporations of Bibb County, Georgia, and then only for money lawfully owing to said city or said credit unions by any particular member, and then only to the extent of such member's benefit payments and contributions to the system; and neither such employee or any such beneficiary shall have any right to alienate, commute, anticipate or assign any of the benefits, payments, proceeds or distributions under this system, except to the City of Macon or the Macon Police Credit Union or the Macon Firemen's Credit Union and if any employee shall attempt to dispose of the benefits provided for him other than to the City of Macon, Macon Police Credit Union or Macon Firemen's Credit Union or to dispose of the right to receive such benefits other than to the City of Macon, Macon Police Credit Union, or Macon Firemen's Credit Union or in the event there should be an effort to seize such benefits, or the right to receive such benefits by attachment, execution or other legal or equitable process by any except the City of Macon, Macon Police Credit Union, or Macon Firemen's Credit Union, such right may pass and be transferred at the discretion of the board, to such one or more as may be appointed by the board from among the beneficiaries, if any, theretofore designated by the employee, or from the spouse, children or other dependents of the employee, in such shares as the board may appoint. Any appointment so made by the board may be revoked by it at any time and further appointment made by it which may include the employee. (Ord. No. O-80-96, 7-15-80)

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Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-80-96

7-15-80

1981, p. 5109

(4) Legally incompetent.
If any employee or beneficiary is a minor, or is in the judgment of the board otherwise legally incapable of personally receiving and giving a valid receipt for any payment due him hereunder, the board may, unless and until claim shall have been made by a duly appointed guardian or committee of such person, direct that such payment or any part thereof be made to such person's spouse, child, parent, brother or sister or other person deemed by the board to have incurred expense for or assumed responsibility for the expenses of such person. Any payment so made shall be a complete discharge of any liability under this system for such payment.
(5) Benefits supported only by trust fund.
Any person having any claim under the system will look solely to the assets of the system for satisfaction. In no event will the city or any of its officials, members of its commission or agents, be liable in their individual capacities to any person whomsoever under the provisions of the system. Upon complete or partial termination of the system, the rights of all affected employees to benefits accrued as of the date of such termination shall become nonforfeitable to the extent the system is then funded.
(6) Misconduct.
If the board finds that any retired or terminated employee engaged in misconduct involving dishonesty or moral turpitude while employed with the city, the board shall reduce or suspend the benefits of the employee, which reduction or suspension shall continue until removed by notice from the board.
(7) Discrimination.
The city, through the board, shall administer the system in a uniform and consistent manner with respect to all employees and shall not permit discrimination of any kind.

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(8) Limitation of liability; legal action.

It is expressly understood and agreed by each employee who becomes a member hereunder, that except for its or their willful neglect or fraud, neither the city nor the board shall be in any way subject to any suit or litigation, or to any legal liability, for any cause or reason or thing whatsoever, in connection with this system or its operation, and each such employee hereby releases the city and all its officers and obligation.
To any action or proceeding involving the assets held with respect to the system or the administration thereof, the city, the board and the trustee shall be the only necessary parties and no employees or former employees of the city or their beneficiaries or any other person having or claiming to have an interest in the system shall be entitled to any notice or process. Any final judgment which is not appealed or appealable that may be entered in any such action or proceeding shall be binding and conclusive on the parties hereto, the board and all persons having or claiming to have any interest in the system.

(9) Claims.

Any payment to an employee or beneficiary, or to their legal representative, in accordance with the provisions of this system, shall to the extent thereof be in full satisfaction of all claims hereunder against the trustee, board and the city, any of whom may require such employee, beneficiary or legal representative, as a condition precedent to such payment, to execute a receipt and release therefor in such form as shall be determined by the trustee, the board or the city, as the case may be.

(10) USERRA.

Notwithstanding any provision of this Plan to the contrary, contributions, benefits, and service credit with respect to qualified military service will be provided in accordance with Code section 414(u). In the case of a death or disability occurring on or after January 1, 2007, if an employee dies while performing qualified military service (as defined in section 414(u) of the Code), the survivors of the employee are entitled to any additional benefits (other than benefit accruals relating to the period of qualified military service) provided under the system as if the employee had resumed and then terminated employment on account of death. For years beginning after December 31, 2008, (a) an individual receiving a differential wage payment, as defined by section 3401(h)(2) of the Code, shall be treated as an employee of the city, (b) the differential wage payment shall be treated as basic compensation, and (c) the system shall not be treated as failing to meet the requirements of any provision described in section 414(u)(1)(C) of the Code by reason of any contribution or benefit which is based on the differential wage payment. (Ord. No. O-05-0018, 1 (Exh. A), 5-23-05)

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(11) Exclusive Benefit.

The Plan and trust will be maintained and administered for the exclusive benefit of participants and their beneficiaries.

ARTICLE X. SPECIAL DISTRIBUTION RULES

(1) Required Minimum Distribution Rules.

Notwithstanding anything contained herein to the contrary, the board shall direct that payment of an employee's pension commence by the first day of April in the calendar year following the later of (a) the calendar year in which the employee attains age seventy and one-half (70-1/2), or (b) the calendar year in which the employee retires. The foregoing requirement shall be administered by the board in accordance with a reasonable and good faith interpretation of Section 401(a)(9) of the Code pursuant to Treas. Reg. Section 1.401(a)(9)-1, A-2(d). (Ord. No. O-05-0018, 1 (Exh. A), 5-23-05)

(2) Limitation on Benefits.

The annual benefit payable under this system to an employee at any time shall not exceed the maximum permissible amount. "Maximum permissible amount" shall mean $160,000.00, as adjusted by the Secretary of the Treasury for each calendar year under section 415(d) of the Code, with the new limitation to apply to limitation years ending within the calendar year of the date of the adjustment. The limitations, adjustments, and other requirements set forth in this Article X shall comply with the provisions of section 415 of the Code (specifically including any special rules under sections 415(b)(2)(G) and 415(b)(11) of the Code) and the final regulations promulgated thereunder, the terms of which are specifically incorporated herein by reference for Limitation Years beginning on or after July 1, 2007, except where an earlier effective date is otherwise provided in the final regulations or in this Article X. The application of the provisions of this Article X shall not cause the maximum permissible amount for any employee to be less than the employee'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 (provided such provisions were both adopted and in effect before April 5, 2007, and satisfied the applicable requirements of statutory provisions, regulations, and other published guidance relating to section 415 of the Code in effect as of the end of the last limitation year beginning before July 1, 2007). (Ord. No. O-05-0018, 1 (Exh. A), 5-23-05)

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STATE OF GEORGIA COUNTY OF BIBB

Personally appeared before me, a notary public within and for above state and county, Clero Wright, who deposes and says she is the classified/legal supervisor for The Macon Telegraph and is duly authorized by the publisher thereof to make this affidavit, and that advertisement as follows has been published in The Macon Telegraph on the following dates:

08/25/2012 09/01/2012 09/03/2012

2912312 # GEORGIA, BIBB COUNTY PUBLIC NOTICE -The City of Macon proposes to amend Appendix III of its Charter relating to the Macon Fire and Police Employees Retirement System so as to satisfy the requirements for qualification under Section 401 (a) of the Internal Revenue Code of 1986, as amended. The proposed Charter amendment is available for public inspection in the Office of the City Clerk and the Office of the Bibb County Superior Court Clerk.

#2912312: 8/25; 9/1,3

SIGNED s/ CLERO WRIGHT

Sworn to and subscribed before me this 03 day of SEPTEMBER 2012

Notary Public s/ KATHLEEN JONES [SEAL]

PUBLIC NOTICE

The City of Macon proposes to amend Appendix III of its Charter relating to the Macon Fire and Police Employees Retirement System so as to satisfy the requirements for qualification under Section 401 (a) of the Internal Revenue Code of 1986, as amended. The proposed Charter amendment is available for public inspection in the Office of the City Clerk and the Office of the Bibb County Superior Court Clerk.

Filed in the Office of the Secretary of State September 18, 2012. __________

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MUNICIPAL HOME RULE ORDINANCES

CITY OF ALBANY ) REDISTRICTING.
AN ORDINANCE ENTITLED

12-112

AN ORDINANCE PROVIDING FOR THE ADOPTION OF A REDISTRICTING PLAN TO BE EFFECTIVE BEGINNING WITH THE 2013 ELECTION FOR SEATS ON THE BOARD OF COMMISSIONERS OF ALBANY, GEORGIA; PROVIDING FOR AN ADMINISTRATIVE SUBMISSION OF THE ADOPTED LOCAL LEGISLATION TO THE U.S. ATTORNEY GENERAL FOR PRECLEARANCE AS REQUIRED UNDER SECTION 5 OF THE VOTING RIGHTS ACT OF 1965; REPEALING PRIOR ORDINANCES IN CONFLICT AND FOR OTHER PURPOSES.

WHEREAS, the City of Albany, Georgia, a municipal corporation of the State of Georgia, operates pursuant to the Constitution and laws of the State of Georgia and its Charter, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended; and
WHEREAS, the City has now determined that it is necessary to make certain amendments to its Charter pursuant to its home rule powers pursuant to Article IX, Section II, Paragraph II of the Constitution of the State of Georgia and O.C.G.A. 36-35-1 through 36- 35-7; and
WHEREAS, after conducting public meetings and public hearings and the hiring of a qualified person to help with the drawing of new district lines, what has been known as Map 3R has been presented a recommended plan to the Board of Commissioners of the City of Albany; and
WHEREAS, the recommended Plan Map 3R was placed in libraries located in Albany, Dougherty County, Georgia, as well as in the lobby of the Government Center Building (222 Pine Ave.), and notice of public hearings were placed in the legal organ for Albany, Dougherty County, Georgia, (The Albany Herald), and Plan Map 3R was placed on the City of Albany website; and
WHEREAS, after consideration of all comments and suggestions made during the public hearings, as well as consideration of all comments and suggestions made during the public meetings, the Board of Commissioners of the City of Albany, Georgia desires to adopt and approve the Redistricting Plan known as Map 3R,
NOW THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of Albany, Georgia and it is hereby ordained by authority of same:

SECTION 1. The Charter of the City of Albany, Georgia, which was established by an Act creating a new Charter for the City of Albany, Georgia, approved on August 18, 1923 (Ga. L. 1923, p. 370), as amended, is hereby amended by striking from Paragraph Two of Section 2 of the Charter of the City of Albany, Georgia, as amended, the description of the wards contained therein, and ordaining in lieu thereof the following:

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The City property shall be divided into six wards. A description of each of said wards is contained in an exhibit attached to this Ordinance as Exhibit "A", and said descriptions of each ward as reapportioned in accordance with the census of 2010 are incorporated herein by reference as fully as if set forth verbatim.

SECTION 2. The Redistricting Plan known as Map 3R, set forth in the attached Exhibit "B" (map) and "C" (statistics), along with a disc containing the text of the plan, is hereby adopted.

SECTION 3. The Mayor shall be elected at large at the general election of 2015 and shall take office on the second Monday of January 2016 for a term of four (4) years and until his successor is elected and qualified.

SECTION 4. The members from commission wards 1, 4 and 6 shall be elected at the general election of 2015 and shall take office on the second Monday of January 2016 for terms of four (4) years and until their successors are elected and qualified.

SECTION 5. The members from commission wards 2, 3 and 5 shall be elected at the general election of 2013 and shall take office on the second Monday of January 2014 for terms of four (4) years and until their successors are elected and qualified.

SECTION 6. The City Attorney is requested to file with the Assistant Attorney General, Civil Rights Division of the U.S. Department of Justice an administrative submission of the Redistricting Plan [Map 3R] seeking preclearance under Section 5 of the 1965 Voting Rights Act.

SECTION 7. Pursuant to the provisions of Section 36-35-3 of the Official Code of Georgia Annotated, as amended, this ordinance shall become effective immediately upon its adoption by the Board of Commissioners of the City of Albany, Georgia, at two regular consecutive meetings and after compliance with all the provisions of the Municipal Home Rule Act of 1965, as amended.

SECTION 8. Pursuant to the provisions of Section 36-35-3 of the Official Code of Georgia Annotated, as amended, the City Attorney is hereby authorized and directed to cause a notice, a copy of which is attached hereto as Exhibit "D" and hereby incorporated by reference, to be published in The Albany Herald, the official newspaper in which sheriff's advertisements are published in Dougherty County, in which the City is located, once a week for three weeks within a period of sixty (60) days immediately preceding the day of the final adoption of this ordinance.

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MUNICIPAL HOME RULE ORDINANCES

SECTION 9. All charter provisions, or parts of charter provisions, ordinances, or parts of ordinances, and laws, or parts of laws, in conflict herewith are repealed.

SECTION 10. If any part of this ordinance shall be declared void, it is the intent and purpose hereof that all other provisions not so declared void shall remain in full force and effect.

SECTION 11. All Ordinances, or parts of Ordinances, in conflict herewith are repealed.

ATTEST:

s/ DOROTHY HUBBARD MAYOR

s/ SONJA TOLBERT CITY CLERK

Adopted: August 28, 2012 = First Reading September 25, 2012 = Second Reading

Introduced By Commissioner: s/ CHRISTOPHER PIKE Dates(s) read: Aug 28, 2012 Sept 25, 2012

I do hereby certify that this is a true and correct copy.

s/ SONJA TOLBERT 9-27-12

City Clerk

Date

Albany, GA

EXHIBIT "A"

Ward 1: Ward 1 shall include that eastern portion of the City of Albany, more particularly described as follows:

From the point of beginning at the intersection of Clark Avenue and Maple Street, proceed north on Maple Street for 8,625 feet, more or less, to the intersection of Maple Street and Cromartie Beach Drive. From the intersection of Maple Street and Cromartie Beach Drive, continue north along the center line of a driveway and then a drainage ditch for 275 feet, more or less, to a point on the northern city limit boundary of Albany, Georgia which is also the southern bank of Lake Chehaw. From this point on the northern city limit boundary of Albany, Georgia, follow the city limit line in a generally easterly direction for 27,821 feet,

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more or less, to a point where the city limit boundary intersects the west bank of Piney Woods Creek. From said point on the west bank of Piney Woods Creek, continue along the Albany, Georgia city limits boundary in a southerly, then westerly direction, for 8,300 feet, more or less, to a point where the Albany, Georgia city limit boundary intersects the right-of-way of McCollum Drive. From said point, proceed south along the Albany, Georgia city limit boundary for 4,310 feet, more or less, to a point on the northern right-of-way of Cordele Road. From said point on the northern right-of-way of Cordele Road, continue along the Albany, Georgia city limit boundary in a southeasterly direction for 500 feet, more or less, to a point. From said point, continue along the Albany, Georgia city limit boundary in a northeasterly direction for 350 feet, more or less, to a point. From said point, continue along the Albany, Georgia city limit boundary in a southerly direction for 686 feet, more or less, to a point. From said point, continue due west along the Albany, Georgia city limit boundary for 1,120 feet, more or less, to a point. From said point, continue along the Albany, Georgia city limit boundary in a southerly direction for 2,050 feet, more or less, to a point. From said point, continue along the Albany, Georgia city limit boundary in a westerly direction for 285 feet, more or less, to a point. From said point, continue along the Albany, Georgia city limit boundary in a southerly direction for 470 feet, more or less, to a point on the south right-of-way of Clark Avenue. From said point, continue east along the Albany, Georgia city limit boundary for 1,910 feet, more or less, to a point on the west right-of-way of Pine Bluff Road. From said point, continue along the Albany, Georgia city limit boundary in a southerly direction for 6,065 feet, more or less, to a point. From said point, continue along the Albany, Georgia city limit boundary in a easterly direction for 828 feet, more or less, to a point. From said point, continue along the Albany, Georgia city limit boundary in a southerly direction for 645 feet, more or less, to a point. From said point, continue along the Albany, Georgia city limit boundary in a westerly direction for 825 feet, more or less, to a point. From said point, continue along the Albany, Georgia city limit boundary in a southerly direction for 340 feet, more or less, to a point on the north right-of-way of the Georgia Florida Railnet. From said point, continue along the Albany, Georgia city limit boundary in a westerly direction for 6,675 feet, more or less, to a point on the east right-of-way of South Mock Road. From said point, continue along the Albany, Georgia city limit boundary in a southerly direction, parallel to South Mock Road for 2,800 feet, more or less, to a point. From said point, continue along the Albany, Georgia city limit boundary in a westerly direction, parallel to Cutts Drive, for 2,918 feet, more or less, to a point on the northeast right-of- way of Georgia Florida Railnet. From said point, continue along the Albany, Georgia city limit boundary in a northwesterly direction for 4,625 feet, more or less, to a point where the Albany, Georgia city limits boundary intersects the right-of-way for Liberty Expressway, SE. From said point, continue along the Albany, Georgia city limit boundary in a southerly, then southwesterly, direction for 6,512 feet, more or less, to a point on the northeast right-of-way for Moultrie Road. From said point, continue along the Albany, Georgia city limit boundary in a northwesterly direction, parallel to Moultrie Road, for 1,358 feet, more or less, to a point on the east right-of- way for Georgia

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MUNICIPAL HOME RULE ORDINANCES

Florida Railnet. From said point, continue along the Albany, Georgia city limit boundary in a southerly direction for 67 feet, more or less, to a point where the Albany, Georgia city limit boundary intersects the centerline of Moultrie Road. From the point where the Albany, Georgia city limit boundary intersects the centerline of Moultrie Road, proceed northwest along the centerline of Moultrie Road for 6,425 feet, more or less, to the intersection of Moultrie Road with Radium Springs Road. From the intersection of Moultrie Road with Radium Springs Road, proceed in a northerly direction along Radium Springs Road for 1,589 feet, more or less, to the intersection of Crawford Drive with Radium Springs Road. From the intersection of Crawford Drive with Radium Springs Road, continue for 2,175 feet, more or less, in an easterly, then southerly direction along Crawford Drive to the intersection of Crawford Drive with Mitchell Avenue. From the intersection of Crawford Drive with Mitchell Avenue, proceed east on Mitchell Avenue for 406 feet, more or less, to the intersection of Mitchell Avenue and South Street. From the intersection of Mitchell Avenue and South Street, proceed north on South Street for 608 feet, more or less, to the intersection of South Street with Dunes Avenue. From the intersection of South Street with Dunes Avenue, proceed east on Dunes Avenue for 815 feet, rnore or less, to the intersection of Dunes Avenue and Rood Street. From the intersection of Dunes Avenue and Rood Street, go south on Rood Street for 550 feet, more or less, to the intersection of Rood Street and Mitchell Avenue. From the intersection of Mitchell Avenue and Rood Street, proceed east on Mitchell Avenue for 410 feet, more or less, to the intersection of Frotscher Street and Mitchell Avenue. From the intersection of Frotscher Street and Mitchell Avenue, go north on Frotscher Street for 615 feet, more or less, to the intersection of Frotscher Street with Dunes Avenue. From the intersection of Frotscher Street with Dunes Avenue, proceed east on Dunes Avenue for 435 feet, more or less, to the intersection of Dunes Avenue and Van Deman Street. From the intersection of Dunes Avenue and Van Deman Street, continue south along Van Deman Street for 550 feet, more or less, to the intersection of Van Deman Street and Mitchell Avenue. From the intersection of Van Deman Street and Mitchell Avenue, proceed east on Mitchell Avenue for 610 feet, more or less, to the intersection of Mitchell Avenue with Mobile Avenue. From the intersection of Mitchell Avenue with Mobile Avenue, continue in a generally northerly direction on Mobile Avenue for 1,570 feet, more or less, the intersection of Mobile Avenue with Silica Drive. From the intersection of Mobile Avenue with Silica Drive, follow Silica Drive east, then south, then east for 2,300 feet, more or less, to the intersection of Silica Drive with the Georgia Florida Railnet. From the intersection of Silica Drive with the Georgia Florida Railnet, proceed north along the Georgia Florida Railnet for 2,478 feet, more or less to the intersection of the Georgia Florida Railnet and East Oglethorpe Boulevard. From the intersection of the Georgia Florida Railnet and East Oglethorpe Boulevard, go east on East Oglethorpe Boulevard for 356 feet, more or less, the intersection of East Oglethorpe Boulevard with a rail line of the Georgia Florida Railnet. From the intersection of East Oglethorpe Boulevard with the rail line of the Georgia Florida Railnet, proceed northwest along the rail line for 1,920 feet, more or less, to its intersection with East Broad Avenue. From the intersection of the Georgia Florida

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Railnet with East Broad Avenue, go east on East Broad Avenue for 22 feet, more or less, to the intersection of East Broad Avenue and Old Blaylock Lane. From the intersection of East Broad Avenue and Old Blaylock Lane, proceed north, then northeast around a curb, for 1040 feet, more or less, to the intersection of Old Blaylock Lane with Blaylock Street. From the intersection of Old Blaylock Lane with Blaylock Street, proceed in a generally northerly direction along Blaylock Street for 275 feet, more or less, to the intersection of Blaylock Street and Clark Avenue. From the intersection of Blaylock Street and Clark Avenue, proceed east on Clark Avenue for 2,850 feet, more or less, to the intersection of Clark Avenue with North Maple Street, which, is also the point of beginning.

Ward 2: Ward 2 shall include that north central portion of the City of Albany, more particularly described as follows:

From the point of beginning at the intersection of Clark Avenue and Maple Street, proceed north on Maple Street for 8,625 feet, more or less, to the intersection of Maple Street and Cromartie Beach Drive. From the intersection of Maple Street and Cromartie Beach Drive, continue north along the center line of a driveway and then a drainage ditch for 275 feet, more or less, to a point on the northern city limit boundary of Albany, Georgia which is also the southem bank of Lake Chehaw. From this point on the southern bank of Lake Ghehaw, proceed in a generally northwesterly direction, following the Albany, Georgia city limit boundary, for 23,565 feet, more or less, to a point on the southwest bank of Kinchafoonee Creek where the Albany, Georgia city limit boundary intersects the county boundary line separating Lee and Dougherty County. From said point on the southwest bank of Kinchafoonee Creek and the Lee/Dougherty County Boundary, proceed west for 9,555 feet, more or less along the Lee/Dougherty County boundary line to a point in the right-of-way of Ledo Road, where the Lee/Dougherty County boundary line intersects Nottingham Way. From the point where the Lee/Dougherty County boundary line intersects Nottingham Way, follow Nottingham Way south for 1,900 feet, more or less, to the point where Nottingham Way intersects the south right-of-way boundary for Liberty Expressway. From said point on the south right-of-way boundary of Liberty Expressway, proceed for 2,740 feet, more or less, a southeasterly direction, to a point where Elton Street intersects the south right-of-way boundary for Liberty Expressway. From said point where Elton Street intersects the south right-of-way boundary for Liberty Expressway, proceed south on Elton Street for 1,130 feet, more or less, to the intersection of Elton Street and Stuart Avenue. From the intersection of Elton Street and Stuart Avenue, go due east on Stuart Avenue for 6,200 feet, more or less, to the intersection of Stuart Avenue with North Slappey Boulevard. From the intersection of Stuart Avenue with North Slappey Boulevard, proceed south on North Slappey Boulevard for 9,315 feet, more or less, to the intersection of North Slappey Boulevard and West Society Avenue. From the intersection of North Slappey Boulevard and West Society Avenue, continue east on West Society Avenue for 2,375 feet, more or less, to the intersection of West Society Avenue and North Van Buren Street. From the intersection of West Society

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MUNICIPAL HOME RULE ORDINANCES

Avenue and North Van Buren Street, Follow North Van Buren Street in a generally southeasterly direction, around a curve to the east, for 635 feet, more or less, to the intersection of North Van Buren Street and West Tift Avenue. From the intersection of North Van Buren Street and West Tift Avenue, proceed east on West Tift Avenue for 5,090 feet, more or less, to the intersection of West Tift Avenue with North Washington Street. From the intersection of West Tift Avenue with North Washington Street, go south on North Washington Street for 1,067 feet, more or less, to the intersection of North Washington Street and Norfolk Southern Railroad. From the intersection of North Washington Street and Norfolk Southern Railroad, follow the Norfolk Southern Railroad track in a northeasterly direction for 1,175 feet, more or less, to the intersection of Norfolk Southern Railroad with Georgia Florida Railnet. From the intersection of Norfolk Southern Railroad with Georgia Florida Railnet, proceed in a generally southeasterly direction along the track of Georgia Florida Railnet for 2,241 feet, more or less, to a point that is at the intersection of Georgia Florida Railnet with the center of the Flint River. From said point, proceed in a southerly direction along the centerline of the Flint River for 1,120 feet, more or less, to the point where the centerline of the Flint River intersects with the centerline for East Oakridge Drive. From the point where the centerline of the Flint River intersects with the centerline for East Oglethorpe Boulevard, follow East Oglethorope Boulevard in a generally easterly direction for 8,352 feet, more or less, to a point where East Oglethorpe Boulevard intersects the eastern most line of the Georgia Florida Railnet.

Ward 3: Ward 3 shall include that central portion of the City of Albany, more particularly described as follows:

From the point of beginning at the intersection of Stuart Avenue with North Slappey Boulevard, proceed south on North Slappey Boulevard for 9,315 feet, more or less, to the intersection of North Slappey Boulevard and West Society Avenue. From the intersection of North Slappey Boulevard and West Society Avenue, continue east on West Society Avenue for 2,375 feet, more or less, to the intersection of West Society Avenue and North Van Buren Street. From the intersection of West Society Avenue and North Van Buren Street, go in a generally southeasterly direction, around a curve to the east, for 635 feet, more or less, to the intersection of North Van Buren Street and West Tift Avenue. From the intersection of North Van Buren Street and West Tift Avenue, proceed east on West Tift Avenue for 5,090 feet, more or less, to the intersection of West Tift Avenue with North Washington Street. From the intersection of West Tift Avenue with North Washington Street, go south on North Washington Street for 1,067 feet, more or less, to the intersection of North Washington Street and Norfolk Southern Railroad. From the intersection of North Washington Street and Norfolk Southern Railroad, follow the Norfolk Southern Railroad track in a northeasterly direction for 1,175 feet, more or less, to the intersection of Norfolk Southern Railroad with Georgia Florida Railnet. From the intersection of Norfolk Southern Railroad with Georgia Florida Railnet, proceed in a generally southeasterly direction along

GEORGIA LAWS 2013 SESSION

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the track of Georgia Florida Railnet for 2,241 feet, more or less, to a point that is at the intersection of Georgia Florida Railnet with the center of the Flint River. From said point, proceed in a southerly direction along the centerline of the Flint River for 672 feet, more or less, to the point where the centerline of the Flint River intersects with the centerline of East Broad Avenue. From the point where the centerline of the Flint River intersects with the centerline of East Broad Avenue, go west on East Broad Avenue for 571 feet, more or less, to the intersection of East Broad Avenue and South Front Street. From the intersection of East Broad Avenue and South Front Street, proceed in a southerly direction, then around a sharp curve to the west, for 2,609 feet, more or less, to the intersection of South Front Street and Mercer Avenue, at which point, South Front Street makes a 90 degree turn to the south. From the intersection of South Front Street and Mercer Avenue, continue south, then west, along South Front Street for 4,583 feet, more or less, to the intersection of South Front Street with South Jackson Street. From the intersection of South Front Street with South Jackson Street, proceed south on South Jackson Street for 702 feet, more or less, to the intersection of South Jackson Street and Alice Avenue. From the intersection of South Jackson Street and Alice Avenue, go west on Alice Avenue for 2,560 feet, more or less, to the intersection of Alice Avenue with South Madison Street. From the intersection of Alice Avenue with South Madison Street, go north on South Madison Street for 390 feet, more or less, to the intersection of South Madison Street and Jefferies Avenue. From the intersection of South Madison Street and Jefferies Avenue, continue west on Jefferies Avenue for 1,003 feet, more or less, to the intersection of Jefferies Avenue with Newton Road. From the intersection of Jefferies Avenue with Newton Road, proceed in a southwesterly direction for 300 feet, more or less, to the intersection of Newton Road and Lippitt Drive. From the intersection of Newton Road and Lippitt Drive, go west along Lippitt Drive for 3,360 feet, more or less, to the intersection of Lippitt Drive with South Slappey Boulevard. From the intersection of Lippitt Drive with South Slappey Boulevard, proceed north on South Slappey Boulevard for 3,555 feet, more or less, to the intersection of South Slappey Boulevard and West Lincoln Avenue. From the intersection of South Slappey Boulevard and West Lincoln Avenue, go west along West Lincoln Avenue for 2,365 feet, more or less, to the intersection of West Lincoln Avenue and Walnut Street. From the intersection of West Lincoln Avenue and Walnut Street, go south on Walnut Street for 280 feet, more or less, to the intersection of Walnut Street and West Gordon Avenue. From the intersection of Walnut Street and West Gordon Avenue, proceed west on West Gordon Avenue for 1,162 feet, more or less, to the intersection of West Gordon Avenue and Elm Street. From the intersection of West Gordon Avenue and Elm Street, proceed north on Elm Street for 355 feet, more or less, to the intersection of Elm Street and West Lincoln Avenue. From the intersection of Elm Street and West Lincoln Avenue, go west on West Lincoln Avenue for 850 feet, more or less, to the intersection of West Lincoln Avenue with South Magnolia Street. From the intersection of West Lincoln Avenue and South Magnolia Street, follow South Magnolia Street north for 2,331 feet, more or less, to the intersection of South Magnolia Street with Norfolk Southern Railroad. From the intersection of South Magnolia Street with Norfolk Southem Railroad,

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MUNICIPAL HOME RULE ORDINANCES

continue along the Norfolk Southern Railroad track in a northeasterly direction for 4,645 feet, more or less, to the intersection of Norfolk Southern Railroad and North Slappey Boulevard. From the intersection of Norfolk Southern Railroad and North Slappey Boulevard, go north on North Slappey Boulevard for 765 feet, more or less, to the intersection of North Slapppey Boulevard and Dawson Road. From the intersection of North Slapppey Boulevard and Dawson Road, continue along Dawson Road in a northwesterly direction for 13,160 feet, more or less, to the intersection of Dawson Road with Whispering Pines Road. From the intersection of Dawson Road with Whispering Pines Road, proceed in a easterly direction along Whispering Pines Road for 3,675 feet, more or less, to the intersection of Whispering Pines Road with Forest Glen Drive. From the intersection of Whispering Pines Road with Forest Glen Drive, go north on Forest Glen Drive for 1032 feet, more or less, to the intersection of Forest Glen Drive and Sharon Avenue. From the intersection of Forest Glen Drive and Sharon Avenue, go west on Sharon Avenue for 224 feet, more or less, to the intersection of Sharon Avenue and Elton Street. From the intersection of Sharon Avenue and Elton Street, go north along Elton Street for 1,239 feet, more or less, to the intersection of Elton Street and Stuart Avenue. From the intersection of Elton Street and Stuart Avenue, proceed east along Stuart Avenue for 6,207 feet, more or less, to the intersection of Stuart Avenue with North Slappey Boulevard which is also the point of beginning.

Ward 4: Ward 4 shall include that southwestern portion of the city of Albany, more particularly described as follows:

From the point of beginning at the intersection of North Slapppey Boulevard and Dawson Road, proceed along Dawson Road in a northwesterly direction for 13,160 feet, more or less, to the intersection of Dawson Road with Westgate Drive. From the intersection of Dawson Road with Westgate Drive, proceed in a southwesterly direction along Westgate Drive for 4,799 feet, more or less, to the intersection of Westgate Drive and North Westover Boulevard. From the intersection of Westgate Drive and North Westover Boulevard, go south on North Westover Boulevard for 5,013 feet, more or less, to the intersection of North Westover Boulevard and Gillionville Road, at which point, continuing in a southerly direction the street name changes from North Westover Boulevard to South Westover Boulevard. From the intersection of South Westover Boulevard and Gillionville Road, continue in a generally southern direction, coincident with the Albany, Georgia city limit boundary for 6,212 feet, more or less, to a point in the right-of way of South Westover Boulevard, where the Albany, Georgia city limit boundary turns due west. From said point, follow the Albany, Georgia city limit boundary west for 2,498 feet, more or less, to a point. From said point, follow the Albany, Georgia city limit boundary north for 662 feet, more or less, to a point. From said point, continue along the Albany, Georgia city limit boundary in a generally westerly direction for 6,540 feet, more or less, to a point in the right-of- way for Lockett Station Road. From said point in the right-of-way for Lockett Station Road, continue

GEORGIA LAWS 2013 SESSION

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north along the Albany, Georgia city limit boundary, parallel to Lockett Station Road, for 4,954 feet, more or less, to a point in the right-of way for Gillionville Road. From said point in the right-of way for Gillionville Road, follow the Albany, Georgia city limit boundary west, parallel to Gillionville Road, for 4,295 feet, more or less, to a point, at which point, the Albany, Georgia city limit boundary turns due north, perpendicular to Gillionville Road. From said point, proceed north along the Albany, Georgia city limit boundary for 2,062 feet, more or less, to a point. From said point, continue west along the Albany, Georgia city limit boundary for 2,351 feet, more or less, to a point. From said point, continue south along the Albany, Georgia city limit boundary for 1,696 feet, more or less, to a point. From said point, continue east along the Albany, Georgia city limit boundary for 508 feet, more or less, to a point. From said point, continue south along the Albany, Georgia city limit boundary for 348 feet, more or less, to a point in the right-of-way for Gillionville Road. From said point, continue west along the Albany, Georgia city limit boundary, parallel to Gillionville Road, for 520 feet, more or less, to a point, at which point the Albany, Georgia city limit boundary turns due south, perpendicular to Gillionville Road. From said point, continue south along the Albany, Georgia City limit boundary for 3,214 feet, more or less, to a point. From said point, continue east along the Albany, Georgia city limit boundary for 2,143 feet, more or less, to a point in the middle of the Cooleewahee Creek. From said point in the middle of the Cooleewahee Creek, follow the Albany, Georgia city limit boundary, coincident with the centerline for Cooleewahee Creek, in a generally southwesterly direction, for 4,078 feet, more or less, to a point where the Albany, Georgia city limit boundary diverges from the centerline for Cooleewahee Creek. From said point, continue south along the Albany, Georgia city limit boundary for 10,468 feet to a point. From said point, follow the Albany, Georgia city limit boundary east for 18,397 feet, more or less, to a point. From said point, continue north along the Albany, Georgia city limit boundary for 2,221 feet, more or less, to a point. From said point, continue east along the Albany, Georgia city limit boundary for 677 feet, more or less, to a point. From said point, continue north along the Albany, Georgia city limit boundary for 95 feet, more or less, to a point. From said point, continue east along the Albany, Georgia city limit boundary for 563 feet, more or less, to a point. From said point, continue north along the Albany, Georgia city limit boundary for 133 feet, more or less, to a point. From said point, continue east along the Albany, Georgia city limit boundary for 2,653 feet, more or less, to a point where the Albany, Georgia city limit boundary intersects Old Pretoria Road. From said point where the Albany, Georgia city limit boundary intersects Old Pretoria Road, proceed in a generally northeasterly direction along Old Pretoria Road for 1,495 feet, more or less, to the intersection of Old Pretoria Road and West Oakridge Drive. From the intersection of Old Pretoria Road and West Oakridge Drive, continue east on West Oakridge Drive for 2,433 feet, more or less, to the intersection of West Oakridge Drive and Westtown Road. From the intersection of West Oakridge Drive and Westtown Road, proceed north on Westtown Road for 3,625 feet, more or less, to the second railroad track crossing. From the intersection of Westtown Road and the second railroad track crossing, which is a side track of Norfolk Southern Railroad, follow the railroad track

4748

MUNICIPAL HOME RULE ORDINANCES

in a generally northwesterly direction for 4,352 feet, more or less, to the intersection of said railroad track and West Gordon Avenue. From the intersection of said railroad track and West Gordon Avenue, proceed west on West Gordon Avenue for 628 feet, more or less, to the intersection of West Gordon Avenue with South Valencia Drive. From the intersection of West Gordon Avenue with South Valencia Drive, go north on South Valencia Drive for 2,150 feet, more or less, to the intersection of South Valencia Drive and the Norfolk Southern Railroad track. From the intersection of South Valencia Drive and the Norfolk Southern Railroad track, follow the railroad track in a northeasterly direction for 6,480 feet, more or less, to the intersection of the Norfolk Southern Railroad track with North Slappey Boulevard. From the intersection of the Norfolk Southern Railroad track with North Slappey Boulevard, proceed north on North Slappey Boulevard for 714 feet, more or less, to the intersection of North Slappey Boulevard and Dawson Road which is also the point of beginning.

Ward 5: Ward 5 shall include that northwestern portion of the city of Albany, more particularly described as follows:

From the point of beginning at the intersection of Dawson Road with Whispering Pines Road, proceed in a easterly direction along Whispering Pines Road for 3,675 feet, more or less, to the intersection of Whispering Pines Road with Forest Glen Drive. From the intersection of Whispering Pines Road with Forest Glen Drive, go north on Forest Glen Drive for 1032 feet, more or less, to the intersection of Forest Glen Drive and Sharon Avenue. From the intersection of Forest Glen Drive and Sharon Avenue, go west on Sharon Avenue for 224 feet, more or less, to the intersection of Sharon Avenue and Elton Street. From the intersection of Sharon Avenue and Elton Street, go north along Elton Street for 2,389 feet, more or less, to the intersection of Elton Street with a point on the south right-of way for Liberty Expressway. From the intersection of Elton Street with said point on the south right-of way for Liberty Expressway, follow the south right-of-way boundary for Liberty Expressway in a westerly direction for 2,740 feet, more or less, to the intersection of the south right-of-way boundary for Liberty Expressway with Nottingham Way. Form the intersection of the south right-of-way boundary for Liberty Expressway with Nottingham Way, proceed north on Nottingham Way for 1,934 feet, more or less, to a point where Nottingham Way intersects the northern city limit boundary for the City of Albany, Georgia. From said point where Nottingham Way intersects the northern city limit boundary for the City of Albany, Georgia, follow the Albany, Georgia city limit boundary west for 17,680 feet, more or less, to a point where the Albany, Georgia city limit boundary takes a ninety degree turn to the south. From said point where the Albany, Georgia city limit boundary takes a ninety degree turn to the south, continue south along the Albany, Georgia city limit boundary for 10,012 feet, more or less, to a point where the Albany, Georgia city limit boundary takes a ninety degree turn to the east. From said point where the Albany, Georgia city limit boundary takes a ninety degree turn to the east, continue east for

GEORGIA LAWS 2013 SESSION

4749

6,274 feet, more or less, to a point where the Albany, Georgia city limit boundary takes a ninety degree tum to the north. From said where the Albany, Georgia city limit boundary takes a ninety degree turn to the north, continue north along the Albany, Georgia city limit boundary for 1,145 feet, more or less, to a point where the Albany, Georgia city limit boundary takes a ninety degree turn to the east. From said point where the Albany, Georgia city limit boundary takes a ninety degree turn to the east, continue east along the Albany, Georgia city limit boundary for 1,603 feet, more or less, to a point where the Albany, Georgia city limit boundary intersects the right-of-way for Beattie Road. From said point where the Albany, Georgia city limit boundary intersects Beattie Road, proceed in a generally southerly direction along the Albany, Georgia city limit boundary, and parallel to Beattie Road, for 4,669 feet, more or less, to a point on the south right-of-way for Gillionville Road where the Albany, Georgia city limit boundary takes a ninety degree turn to the east. From said point on the south right-of-way for Gillionville Rodd, continue east along the Albany, Georgia city limit boundary, and parallel to Gillionville Road, for 5,600 feet, more or less, to a point where the Albany, Georgia city limit boundary intersects North Westover Boulevard. From said point where the Albany, Georgia city limit boundary intersects North Westover Boulevard, proceed north on North Westover Boulevard for 5,030 feet, more or less, the intersection of North Westover Boulevard and Westgate Drive. From the intersection of North Westover Boulevard and Westgate Drive, proceed in a generally northeasterly direction for 4,798 feet, more or less, to the intersection of Westgate Drive and Dawson Road which is also the point of beginning.

Ward 6: Ward 6 shall include that south central portion of the City of Albany, more particularly described as follows:

From a point of beginning at the intersection of East Broad Avenue and South Front Street, proceed in a southerly direction, then around a sharp curve to the west, for 2,609 feet, more or less, to the intersection of South Front Street and Mercer Avenue, at which point, South Front Street makes a 90 degree turn to the south. From the intersection of South Front Street and Mercer Avenue, continue south, then west, along South Front Street for 4,583 feet, more or less, to the intersection of South Front Street with South Jackson Street. From the intersection of South Front Street with South Jackson Street, proceed south on South Jackson Street for 702 feet, more or less, to the intersection of South Jackson Street and Alice Avenue. From the intersection of South Jackson Street and Alice Avenue, go west on Alice Avenue for 2,560 feet, more or less, to the intersection of Alice Avenue with South Madison Street. From the intersection of Alice Avenue with South Madison Street, go north on South Madison Street for 390 feet, more or less, to the intersection of South Madison Street and Jefferies Avenue. From the intersection of South Madison Street and Jefferies Avenue, continue west on Jefferies Avenue for 1,003 feet, more or less, to the intersection of Jefferies Avenue with Newton Road. From the intersection of Jefferies Avenue with Newton Road, proceed in a southwesterly direction for 300 feet, more or less, to the intersection of Newton

4750

MUNICIPAL HOME RULE ORDINANCES

Road and Lippitt Drive. From the intersection of Newton Road and Lippitt Drive, go west along Lippitt Drive for 3,360 feet, more or less, to the intersection of Lippitt Drive with South Slappey Boulevard. From the intersection of Lippitt Drive with South Slappey Boulevard, proceed north on South Slappey Boulevard for 3,555 feet, more or less, to the intersection of South Slappey Boulevard and West Lincoln Avenue. From the intersection of South Slappey Boulevard and West Lincoln Avenue, go west along West Lincoln Avenue for 2,365 feet, more or less, to the intersection of West Lincoln Avenue and Walnut Street. From the intersection of West Lincoln Avenue and Walnut Street, go south on Walnut Street for 280 feet, more or less, to the intersection of Walnut Street and West Gordon Avenue. From the intersection of Walnut Street and West Gordon Avenue, proceed west on West Gordon Avenue for 1,162 feet, more or less, to the intersection of West Gordon Avenue and Elm Street. From the intersection of West Gordon Avenue and Elm Street, proceed north on Elm Street for 355 feet, more or less, to the intersection of Elm Street and West Lincoln Avenue. From the intersection of Elm Street and West Lincoln Avenue, go west on West Lincoln Avenue for 850 feet, more or less, to the intersection of West Lincoln Avenue with South Magnolia Street. From the intersection of West Lincoln Avenue and South Magnolia Street, follow South Magnolia Street north for 2,331 feet, more or less, to the intersection of South Magnolia Street with Norfolk Southern Railroad. From the intersection of South Magnolia Street with Norfolk Southem Railroad, continue along the Norfolk Southern Railroad track in a southwesterly direction for 1,832 feet, more or less, to the intersection of the Norfolk Southern Railroad track with South Valencia Drive. From the intersection of the Norfolk Southern Railroad track with South Valencia Drive, proceed south on South Valencia Drive for 2,133 feet, more or less, to the intersection of South Valencia Drive and West Gordon Avenue. From the intersection of South Valencia Drive and West Gordon Avenue, proceed east on West Gordon Avenue for 638 feet, more or less, to the intersection of West Gordon Avenue with a side track of Norfolk Southem Railroad. From the intersection of West Gordon Avenue with the side track of Norfolk Southern Railroad, follow the side track of Norfolk Southem Railroad for 4,341 feet, more or less, in a generally southeasterly direction to the intersection of the side track of Norfolk Southern Railroad with Westtown Road. From the intersection of the side track of Norfolk Southern Railroad with Westtown Road, proceed south on Westtown Road for 3,606 feet, more or less, to the intersection of Westtown Road and West Oakridge Drive. From the intersection of Westtown Road and West Oakridge Drive, proceed west on West Oakridge Drive for 2,946 feet, more or less, to the intersection of West Oakridge Drive and Old Pretoria Road. From the intersection of West Oakridge Drive and Old Pretoria Road, follow Old Pretoria Road in a generally southwesterly direction for 1,337 feet more or less, to a point where Old Pretoria Road intersects the Albany, Georgia city limit Boundary. From said point where Old Pretoria Road intersects the Albany, Georgia city limit Boundary, follow the Albany, Georgia city limit boundary due east for 57 feet, more or less, to a point where the Albany, Georgia city limit boundary takes a sharp turn the southwest and runs parallel to Old Pretoria Road. From said point where the Albany, Georgia city limit boundary takes a sharp turn the

GEORGIA LAWS 2013 SESSION

4751

southwest and runs parallel to Old Pretoria Road, continue southwest along the Albany, Georgia city limit boundary for 2,219 feet, more or less, to a point. From said point, follow the Albany, Georgia city limit boundary in a generally southerly direction, adjacent to Southwest Georgia Regional Airport, for 11,027 feet, more or less, to a point in the northern right-of-way for Oakhaven Drive. From said point in the northern right-of- way for Oakhaven Drive, continue east along the Albany, Georgia city limit boundary, and parallel to Oakhaven Drive, for 6,206 feet, more or less, to a point. From said point, continue in a northeasterly direction along the Albany, Georgia city limit boundary for 2,540 feet, more or less, to a point. From said point, continue in a northwesterly direction along the Albany, Georgia city limit boundary for 109 feet, more or less, to a point. From said point, continue along the Albany, Georgia city limit boundary, in a northeasterly direction, for 4,430 feet, more or less, to a point. From said point, follow the Albany, Georgia city limit boundary in a southeasterly direction for 362 feet, more or less, to a point. From said point, continue in a generally northeasterly direction along the Albany, Georgia city limit boundary for 1,501 feet, more or less, to a point. From said point, continue east along the Albany, Georgia city limit boundary for 2,310 feet, more or less, to a point in the south right-of-way for Johnny W Williams Road. From said point in the south right-of-way for Johnny W Williams Road, continue south along the Albany, Georgia city limit boundary for 3,184 feet, more or less, to a point in the right-of-way for Story Road. From said point in the right-of-way for Story Road, continue east along the Albany, Georgia city limit boundary, and parallel to Story Road, for 3,649 feet, more or less, to a point in the right-of-way for Martin Luther King, Jr Drive. From said point in the right-of-way for Martin Luther King, Jr Drive, continue north along the Albany, Georgia city limit boundary, and parallel to Martin Luther King, Jr Drive, for 2,858 feet, more or less, to a point in the right-of-way for Slater King Drive. From said point in the right-of-way for Slater King Drive, continue east along the Albany, Georgia city limit boundary, and parallel to Slater King Drive, for 1,552 feet, more or less, to a point. From said point, continue south along the Albany, Georgia city limit boundary for 1,651 feet, more or less, to a point. From said point, continue east along the Albany, Georgia city limit boundary for 1,228 feet, more or less, to a point. From said point, continue north along the Albany, Georgia city limit boundary for 840 feet, more or less, to a point. From said point, continue east along the Albany, Georgia city limit boundary for 2,298 feet, more or less, to a point on the east bank of the Flint River. From said point on the east bank of the Flint River, continue in a generally northern direction, along the Albany, Georgia city limit boundary, and the east bank of the Flint River, for 482 feet, more or less, to a point on the east bank of the Flint River. From said point on the east bank of the Flint River, continue in a northeasterly direction along the Albany, Georgia city limit boundary for 1,060 feet, more or less, to a point in the right- of-way for Radium Springs Road. From said point in the right-of-way for Radium Springs Road, continue in a southerly direction along the Albany, Georgia city limit boundary, and parallel to Radium Springs Road, for 1,459 feet, more or less, to a point in the right-of-way for Radium Springs Road. From said point in the right-of-way for Radium Springs Road, continue east along the Albany, Georgia

4752

MUNICIPAL HOME RULE ORDINANCES

city limit boundary for 1,266 feet, more or less, to a point. From said point, continue south along the Albany, Georgia city limit boundary for 301 feet, more or less, to a point. From said point, continue east along the Albany, Georgia city limit boundary for 3,060 feet, more or less, to a point in the east right-of-way of Georgia Florida Railnet. From said point in the east right-of-way of Georgia Florida Railnet, continue north along the Albany, Georgia city limit boundary, and parallel to the Georgia Florida Railnet track, for 5,767 feet, more or less, to the intersection of the Albany, Georgia city limit boundary with Moultrie Road. From the intersection of the Albany, Georgia city limit boundary with Moultrie Road, proceed in a northwesterly direction along Moultrie Road for 6,453 feet, more or less, to the intersection of Moultrie Road and Radium Springs Road. From the intersection of Moultrie Road with Radium Springs Road, proceed in a northerly direction along Radium Springs Road for 1,589 feet, more or less, to the intersection of Crawford Drive with Radium Springs Road. From the intersection of Crawford Drive with Radium Springs Road, continue for 2,175 feet, more or less, in an easterly, then southerly direction along Crawford Drive to the intersection of Crawford Drive with Mitchell Avenue. From the intersection of Crawford Drive with Mitchell Avenue, proceed east on Mitchell Avenue for 406 feet, more or less, to the intersection of Mitchell Avenue and South Street. From the intersection of Mitchell Avenue and South Street, proceed north on South Street for 608 feet, more or less, to the intersection of South Street with Dunes Avenue. From the intersection of South Street with Dunes Avenue, proceed east on Dunes Avenue for 815 feet, more or less, to the intersection of Dunes Avenue and Rood Street. From the intersection of Dunes Avenue and Rood Street, go south on Rood Street for 550 feet, more or less, to the intersection of Rood Street and Mitchell Avenue. From the intersection of Mitchell Avenue and Rood Street, proceed east on Mitchell Avenue for 410 feet, more or less, to the intersection of Frotscher Street and Mitchell Avenue. From the intersection of Frotscher Street and Mitchell Avenue, go north on Frotscher Street for 615 feet, more or less, to the intersection of Frotscher Street with Dunes Avenue. From the intersection of Frotscher Street with Dunes Avenue, proceed east on Dunes Avenue for 435 feet, more or less, to the intersection of Dunes Avenue and Van Deman Street. From the intersection of Dunes Avenue and Van Deman Street, continue south along Van Deman Street for 550 feet, more or less, to the intersection of Van Deman Street and Mitchell Avenue. From the intersection of Van Deman Street and Mitchell Avenue, proceed east on Mitchell Avenue for 610 feet, more or less, to the intersection of Mitchell Avenue with Mobile Avenue. From the intersection of Mitchell Avenue with Mobile Avenue, continue in a generally northerly direction on Mobile Avenue for 1,570 feet, more or less, the intersection of Mobile Avenue with Silica Drive. From the intersection of Mobile Avenue with Silica Drive, follow Silica Drive east, then south, then east for 2,300 feet, more or less, to the intersection of Silica Drive with the Georgia Florida Railnet. From the intersection of Silica Drive with the Georgia Florida Railnet, proceed north along the Georgia Florida Railnet for 2,478 feet, more or less to the intersection of the Georgia Florida Railnet and East Oglethorpe Boulevard. From the intersecton of the Georgia Florida Railnet and East Oglethorpe Boulevard, proceed in a generally westerly direction along East

GEORGIA LAWS 2013 SESSION

4753

Oglethorpe Boulevard for 7,971 feet, more or less, to the intersection of East Oglethorpe Boulevard with the center line for the Flint River. From the intersection of East Oglethorpe Boulevard with the center line for the Flint River, proceed north along the centerline for the Flint River for 553 feet, more or less, to the intersection of the centerline for the Flint River with East Broad Avenue. From the intersection of the centerline for the Flint River with East Broad Avenue, proceed west on East Broad Avenue for 559 feet more or less, to the intersection of East Broad Avenue and South Front Street which is also the point of beginning.

EXHIBIT "B" [MAP]

EXHIBIT "C"

PLAN NAME: ALBANY PLAN 3R

PLAN TYPE: DATE:

LOCAL MARCH 17, 2012

Population Summary Report

D IS T R IC T

POPU LATIO N

D EV IATIO N

ALBANY 77,434

% DEVN.

BLACK

% BLACK

ALL OR PART BLACK

% A/P BLACK

HISPAN IC O RIGIN

% HISP

55,456 71.62 56,081 72.42 1,596 2.06

18+ POP (VAP)

57,029

38,849 68.12 39,146 68.64 1,062 1.86

1

12,940

34 0.26 11,113 85.88 11,278 87.16 485 3.75

18+ POP (VAP)

8,844

7,443 84.16 7,512 84.94 303 3.43

2

12,760 -146 -1.13 9,235 72.37 9,330 73.12 203 1.59

18+ POP (VAP)

9,513

6,551 68.86 6,596 69.34 133 1.40

3

13,370 464 3.60 9,691 72.48 9,782 73.16 182 1.36

18+ POP (VAP)

9,932

6,866 69.13 6,910 69.57 121 1.22

4

12,628 -278 -2.15 8,016 63.48 8,112 64.24 157 1.24

18+ POP (VAP)

9,431

5,594 59.32 5,642 59.82 111 1.18

4754

MUNICIPAL HOME RULE ORDINANCES

5
18+ POP (VAP)
6
18+ POP (VAP)

13,181 10,151 12,555 9,158

275 2.13 5,862 44.47 5,968 45.28 4,128 40.67 4,175 41.13
-351 -2.72 11,539 91.91 11,611 92.48 8,267 90.27 8,311 90.75

376 2.85 249 2.45 193 1.54 145 1.58

TOTAL POPULATION IDEAL DISTRICT POPULATION

77,434 12,906

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:

12,555 TO 13,370 1.06 -351 TO 464 815 -2.72% TO 3.60% 6.31% 258.00 2.00% 320.59

EXHIBIT "D"

NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF ALBANY, GEORGIA
BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY KNOWN AS
"THE MUNICIPAL HOME RULE ACT OF 1965"

Notice is hereby given that an ordinance was introduced on August 28, 2012, and will be read for final adoption on September 25, 2012, to amend the Charter of the City of Albany, Georgia, which was created by an act amended on August 18, 1923 (Ga. L. 1923, p. 370), as amended, so as to adopt a redistricting plan/map.

A copy of this proposed amendment to the Charter of the City of Albany, Georgia is on file in the office of the Clerk of the City of Albany, and is on file in the office of the Clerk of the Superior Court of Dougherty County, Georgia, for the purpose of examination and inspection by the public, all as required by law.

This 4th day of September, 2012.

GEORGIA LAWS 2013 SESSION

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C. Nathan Davis City Attorney City of Albany, Georgia

201 W. Oglethorpe Blvd., Suite 355 Albany, GA 31701 229.431.2805

Affidavit of Publication

State of Georgia, County of Dougherty

Personally, appeared before the undersigned, an officer, authorized to administer oaths, Amber Hancock, who being sworn, says that she is the Classified Manager for The Albany Herald Publishing Inc., a corporation with principle offices at Albany, Dougherty County, Georgia, and having general circulation within the area of Dougherty, Early, Clay, Calhoun, Mitchell, Decatur, Baker, Worth, Lee, Terrell, Miller, Randolph, Turner, Sumter and Seminole counties, and that the ad for
Notice of Charter Amendment SERVICE BY PUBLICATION, a True Copy of which is affixed hereto, was published in the Albany Herald in all its editions for Sept 15, 19, 23 2012

s/ AMBER HANCOCK Amber Hancock Classified Manager

Sworn to and subscribed before me at Albany, Georgia this 26 Day of September, 2012

s/ AMANDA HOWELL Notary Public [NOTARY SEAL]

4756

MUNICIPAL HOME RULE ORDINANCES

THE CITY OF ALBANY, GEORGIA BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT
OF THE GENERAL ASSEMBLY KNOWN AS "THE MUNICIPAL HOME RULE ACT OF 1965"

Notice is hereby given that an ordinance was introduced on August 28, 2012, and will be read for final adoption on September 25, 2012, to amend the Charter of the City of Albany, Georgia, which was created by an act amended on August 18, 1923 (Ga. L. 1923, p. 370), as amended, so as to adopt a redistricting plan/map.

A copy of this proposed amendment to the Charter of the City of Albany, Georgia is on file in the office of the Clerk of the City of Albany, and is on file in the office of the Clerk of the Superior Court of Dougherty County, Georgia, for the purpose of examination and inspection by the public, all as required by law.

This 15th day of September, 2012. C. Nathan Davis City Attorney
City of Albany, Georgia 201 W. Oglethorpe Blvd., Suite 355
Albany, GA 31701 229.431.2805

Filed in the Office of the Secretary of State October 3, 2012. __________

CITY OF CANTON MAYOR AND COUNCIL; APPOINTMENT OF COMMITTEES; QUORUM; MAYOR'S VETO POWER; APPOINTMENT
OF ACTING CITY MANAGER; DUTIES OF CITY MANAGER; SELECTION OF MAYOR PRO TEM AND CITY ATTORNEY; SELECTION
AND DUTIES OF CITY CLERK.

ORDINANCE NO. 2012-03

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF CANTON, GEORGIA TO PROVIDE FOR CHANGES TO ARTICLE II-GOVERNMENT STRUCTURE AND TO ARTICLE III - ADMINISTRATIVE AFFAIRS AND TO CLARIFY REFERENCES TO THE CITY COUNCIL THROUGHOUT THE CHARTER

GEORGIA LAWS 2013 SESSION

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WHEREAS, the City Council has the authority to amend the City's Charter by adopting an ordinance under the Home Rule Powers provided in O.C.G.A. Section 36-35-3; and

WHEREAS, the City Council desires to amend the Charter in several respects;

IT IS HEREBY ORDAINED BY THE GOVERNING AUTHORITY OF THE CITY OF CANTON as follows:

1. The City Charter shall be amended to change references from "Mayor and Council" or "mayor and council" to "City Council" as found in Sections 1.11(b), 1.14, 1.14(25), 2.28, 2.13(b), 2.31, 3.12, 6.26(b), 6.29(a) and 6.29(b).

2. Section 2.20 (b) shall be deleted with the following Section 2.20(b) inserted in its place:

Section 2.20. - Rules of Procedure.

(b) All City Council committees and committee chairman and officers of the City Council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any City Council committee at any time.

3. Section 2.21 shall be deleted with the following Section 2.21 inserted in its place:

Section 2.21. - Quorum: Voting.

The mayor, or in the Mayor's absence the Mayor Pro Tem, and three Councilmembers shall constitute a quorum and shall be authorized to transact business of the City Council. For voting purposes, the Mayor Pro Tem shall be counted as one of the councilmembers, even when presiding over the meeting. Voting on the adoption of ordinances shall be by voice vote or another means of voting approved by Council 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 by majority shall be required for the adoption of any ordinance, resolution, or motion. No ordinance shall be adopted, however, unless it shall receive at least three affirmative votes.

4. Section 2.22A - Mayor's Veto Power shall be added to read as follows:

4758

MUNICIPAL HOME RULE ORDINANCES

Section 2.22A - Mayor's Veto Power

(a) Every ordinance adopted by the City Council shall be presented promptly by the City Clerk to the Mayor for signature. (b) The Mayor shall have the right to veto any ordinance adopted by the City Council. (c) The Mayor, within ten calendar days of the date of adoption of the ordinance, shall either (i) approve the ordinance and return it to the City Clerk, or (ii) return the ordinance to the City Clerk with his veto, along with a written statement of the Mayor's reason or reasons for the veto. If the Mayor has approved the ordinance, it shall become effective upon the date of his approval. If the Mayor neither approves nor vetoes the ordinance, then it shall become effective at 12:00 noon on the tenth calendar day after its adoption. (d) If the Mayor has vetoed the ordinance, then the City Clerk shall place the ordinance on the agenda for the next scheduled meeting of the City Council. If the next scheduled meeting is a work session, then a special meeting shall be advertised and held to vote on the ordinance. At the meeting, should the City Council adopt the ordinance with the affirmative vote of at least four members, the ordinance shall become effective immediately and shall not be subject to any further veto by the Mayor.

5. Section 2.27 shall be deleted with the following Section 2.27 inserted in its place:

Section 2.27. - City Manager; Appointment.

The Mayor will from a selection committee consisting of the Mayor and two (2) councilmembers. The selection committee will interview all qualified candidates and present a list of recommended finalists to the City Council for consideration.

6. Section 2.29 shall be deleted with the following Section 2.29 inserted in its place:

Section 2.29. - Acting City Manager.

At the beginning of each calendar year, the City Manager shall designate, subject to the approval of the City Council, another City employee to act as Acting City Manager in the event that the City Manager is unavailable to perform his duties. The Acting City Manager shall be authorized to act for up to fourteen (14) days. In the event that the City Manager shall be unavailable to perform his duties for longer than fourteen (14) days, then the City Council shall designate the employee to be Acting City Manager during such period. The City Council may revoke such designation at any time and appoint another officer of the City to serve.

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7. Section 2.30 shall be deleted with the following Section 2.30 inserted in its place:

Section 2.30. - Powers and Duties of the City Manager.

The City Manager shall be the Chief Administrative Officer of the City. He shall be responsible to the City Council for the administration of all City affairs placed in his charge by or under this charter. As the chief administrative officer, the manager shall:
(1) Appoint and, when the manager deems it necessary for the good of the City, suspend or remove City employees and administrative officers the manager appoints, except as otherwise provided by law, or personnel ordinances adopted pursuant to this charter. The manager may authorize any administrative officer who is subject to the manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency. (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 open City Council meetings, and attend all closed meetings as required by the City Council. (4) See that all laws, provisions of this charter, and acts of the City Council, subject to enforcement by the manager or by officers subject to the manager's direction and supervision, are faithfully executed. (5) Prepare and submit the annual operating budget and capital budget, including any and all requested substantiating detail supporting planned line item revenues and expenditures, to the City Council. The annual operating and capital budgets for the next fiscal year are to be submitted 75 days in advance of the start of the next fiscal year. (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 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 manager deems desirable. Reports to the City Council shall be in the format of monthly income and expenditure statements in line item detail corresponding to the approve annual budgets, providing such substantiating detail as may be requested. (9) Perform other such duties as are specified in this charter or as may be required by the City Council. (10) Meet with the Mayor bi-weekly (or as required) for consultation and advice on the affairs of the City.

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(11) Advise the Mayor immediately of any reported situation in the City that would likely attract public attention and/or create press inquiries.

8. Section 2.30(A) - Interference with Administration shall be added to read as follows:

Section 2.30(A) - Interference with Administration.

Except for the purpose of informal inquiries and investigations, or upon approval of the City Council, the individual members of the City Council shall deal with city officers and employees who are subject to the direction or supervision of the City Manger solely through the City Manager, and the members of the City Council shall not give orders or direction to any such officer or employee, either publicly or privately.

9. Section 2.32 shall be deleted with the following Section 2.32 inserted in its place:

Section 2.32. - Selection of Mayor Pro Tem.

The Mayor shall nominate, subject to the approval of the City Council, a Mayor Pro Tem from among the members of Council. In the event that the member nominated by the Mayor shall not receive approval by a majority of the City Council, then any member of the City Council may make a motion to name the Mayor Pro Tem, and the Mayor's nomination shall no longer be required. The Mayor Pro Tem shall not have a veto power, but shall continue to vote and otherwise participate as a Councilmember.

10. Section 2.33 shall be deleted and the following Section 2.33 inserted in its place:

Section 2.33. - Mayor Pro Tem.

During the absence or disability of the mayor for any cause, the mayor pro tem, or in his/her 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, except that the Mayor Pro Tem shall not have veto power. 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.

11. Section 2.35 shall be deleted with the following Section 2.35 inserted in its place:

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Section 2.35. - Powers and Duties of Mayor.

The mayor shall: (a) Preside at all meetings of the City Council; (b) Be the head of the City for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the City and the chief advocate of policy; (c) Have the power to administer oaths and to take affidavits; (d) Preside as Chief Executive Officer of the City; (e) 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; (f) May select an appointed or employed staff, subject to City Council budget control. Any employed staff shall be entitled to all of the benefits available to City employees and shall be subject to the personnel policies of the City, except that the Mayor shall be the only supervisor of such employee. (g) Fulfill such other executive and administrative duties as the City Council shall by ordinance establish. (h) Conduct inquiries and investigations into the conduct of the City's affairs and shall have such duties as may be provided by ordinance. (i) Prepare or have prepared an agenda for each meeting of the City Council which shall include all business submitted by the Mayor, any member of the City Council, the City Manager, the City Attorney, and any member of the public as provided by ordinance. (j) Meet with the City Manager on a bi-weekly basis, or as required, for consultation and advice on the affairs of the City.

12. Section 3.11(b) shall be deleted with the following Section 3.11(b) inserted in its place:

Section 3.11. - Boards, Commissions and Authorities.

(b) Members of boards, commissions and authorities of the City shall be nominated by the Mayor, subject to the approval of the City Council, for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms or office, or manner of appointment is prescribed by this charter or by law. In the event that the person nominated by the Mayor shall not receive approval by a majority of the City Council, then any member of the City Council may make a motion, and the Mayor's nomination shall no longer be required.

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13. Section 3.12 shall be deleted with the following Section 3.12 inserted in its place:

Section 3.12. - City Attorney.

The Mayor shall nominate a City Attorney, subject to the approval of the City Council, together with such assistant City attorneys as may be authorized. In the event that the person nominated by the Mayor shall not receive approval by a majority of the City Council, then any member of the City Council may make a motion to approve a City Attorney, and the Mayor's nomination shall no longer be required. The City Council shall provide for the payment of such attorney or attorneys for services rendered to the City. The City Attorney shall be responsible for providing the representation and defense of the City in all litigation in which the City is a party; may be the prosecuting 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 of him/her by virtue of his/her position as City Attorney.

14. Section 3.13 - City Clerk is added to read as follows:

Section 3.13. - City Clerk

The Mayor shall nominate a City Clerk, subject to the approval of the City Council. In the event that the person nominated by the Mayor shall not receive approval by a majority of the City Council, then any member of the City Council may make a motion to approve a City Clerk, and the Mayor's nomination shall no longer be required. The City Clerk shall keep a journal of the proceedings of the City Council; shall maintain in a safe place all records and documents pertaining to the affairs of the City; and shall perform such duties as may be required by law or ordinance or as the City Council may direct. The City Council shall determine the compensation of the City Clerk.

15. If any portion of this Ordinance be declared invalid or unconstitutional by any court or competent jurisdiction or if the provisions of any part of this Ordinance 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 Ordinance not so held to be invalid. It is hereby declared to be the intent of the City Council to provide for separable and divisible parts and does hereby adopt any and all parts hereof as may not be held invalid for any reason.

16. This Ordinance shall take effect upon its adoption at two regular consecutive meetings as provided by state law.

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This Ordinance has been adopted at two regular consecutive meetings of the City Council and is therefore adopted this 19 day of April, 2012, the public health, safety and general welfare demanding it.

s/ SUSAN STANTON Attest: Susan Stanton CITY CLERK

s/ GENE HOBGOOD Gene Hobgood MAYOR

Approved as to form: s/ ROBERT M. DYER Robert M. Dyer, City Attorney

Approved by Council on: 04-19-12

I hereby certify that this is a true and correct copy of the original document.

s/ SUSAN C. STANTON Susan C. Stanton Canton City Clerk

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 18th and 25th day(s) of March 2012, and on the 1st day(s) of April 2012, as provided by law.

s/ OTIS BRUMBY III

Subscribed and sworn to before me this 5th day of April, 2012

s/ JOLYNNE S. GOOSMAN Notary Public My commission expires Sept. 15, 2014 [SEAL]

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NOTICE OF PROPOSED CHARTER AMENDMENT BY THE CITY COUNCIL OF THE CITY OF CANTON, GEORGIA

Notice is hereby given that the City Council of the City of Canton, Georgia is considering a proposed amendment to the Charter of the City of Canton.

The proposed amendment will make the following changes amend Section 2.20 to clarify that the Mayor appoints City Council Committees, amend Section 2.21 to change the definition of a quorum, add Section 2.22A to add a Mayor's Veto Power, amend Section 2.27 to provide for an appointment process for the City Manager, amend Section 2.29 to change the process for naming an Acting City Manager, amend Section 2.30 to clarify and add to the duties of the City Manager, amend Section 2.30A regarding Interference with Administration, amend Section 2.32 to change the process for selecting a Mayor Pro Tem, amend Section 2.33 to clarify the Mayor Pro Tem duties, amend Section 2.35 to clarify and add to the Powers and Duties of the Mayor, amend Section 3.11 to change the process for selecting members of boards, commissions and authorities, amend Section 3.12 to change the process for selecting a City Attorney, and add Section 3.13 to provide for the selection of, and establish the duties of, the City Clerk.

The first reading and adoption of the amendment is scheduled for Thursday, March 16, 2012. The second reading and final adoption of the amendment is scheduled for Thursday, April 20, 2012 at 6:00 p.m. at Canton City Hall, 151 Elizabeth Street, Canton, GA, 30114 For additional information you may call City Hall at 770-704-1500.

A copy of the proposed amendment is on file with the Clerk of the City of Canton and with the Clerk of the Cherokee County Superior Court for the purpose of examination and inspection by the public.

Filed in the Office of the Secretary of State December 6, 2012. __________

CITY OF ALBANY DATE OF ORGANIZATIONAL MEETING.

12-121 AN ORDINANCE
ENTITLED AN ORDINANCE ADOPTED PURSUANT TO THE PROVISIONS OF TITLE 36, CHAPTER 35 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, AS AMENDED, AMENDING SECTION 3(d) and 3(i) OF THE CITY CHARTER SO AS TO PROVIDE FOR ORGANIZATIONAL MEETING TO BE HELD ON THE SECOND MONDAY IN

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JANUARY OF EVEN NUMBERED YEARS; REPEALING PRIOR ORDINANCES AND CHARTER PROVISIONS IN CONFLICT AND FOR OTHER PURPOSES.

WHEREAS, Sections 3(d) and 3(i) of the City Charter presently call for organizational meetings on the second Monday of each year; and

WHEREAS, elections for the City Commission occur only every other year, with the next elections scheduled for November 2013; and

WHEREAS, from a practical standpoint there is no need to have an organizational meeting every year; and

WHEREAS, it is in the best interest of the citizens of the City of Albany that the organizational meeting be held on the second Monday in January of each even numbered year, so as to better correlate with the elections which will be in November of the preceding year,

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of Albany, Georgia and it is hereby ordained by authority of same:

SECTION 1. Section 3(d) of the City Charter relating to the organizational meeting, is amended by striking the first paragraph and inserting in its place the following:

Organizational meeting; powers and duties of mayor generally. The board of city commissioners shall organize on the second Monday in January of each even numbered year. At the organizational meeting on the second Monday in January 2014, and on the second Monday in January every two years thereafter, the Board shall by resolution declare the winners of the elections held the preceding November, for a term of four years and until their respective successor is elected and qualified.

SECTION 2. Section 3(i) of the City Charter is amended by striking it in its present form and inserting in its place the following:

Election of officers; terms; rights reserved; acceptance of gifts, etc. The board of city commissioners shall on the second Monday in January of 2014, and on the second Monday in January every two years thereafter, elect a city manager, a city attorney and such assistant city attorney(s) it shall deem appropriate, a city clerk, an assistant city clerk, and at the pleasure of the board, may elect a chief judge for the municipal court for Albany and an associate judge or such part-time, full-time, or stand-by judges as it shall deem appropriate. One or more assistant city managers may be appointed by the city manager with the concurrence and approval of the board of city commissioners, and, if appointed,

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shall discharge such functions and duties as shall be assigned to him/her by the city manager. All other officers and employees of city, except those specifically mentioned above, shall be appointed by the city manager, and shall not be elected or employed for any specific term, but shall be retained so long as the duties of the job are performed with efficiency.

SECTION 3. Pursuant to the provisions of 36-35-3 of the Official Code of Georgia Annotated, this Ordinance shall become effectively immediately upon its adoption by the Board of Commissioners of the City of Albany, Georgia at two regularly scheduled consecutive meetings and after compliance with all of the provisions of the Municipal Home Rule Act of 1965, as amended.

SECTION 4. All Ordinances, or parts of Ordinances, and all Charter provisions, or parts of Charter provisions, in conflict herewith are repealed.

s/ DOROTHY HUBBARD MAYOR

ATTEST:

s/ SONJA TOLBERT CITY CLERK

Adopted: October 23, 2012 = first reading November 27, 2012 = second reading

Introduced By Commissioner: s/ BOB LANGSTAFF, JR. Date(s) read: November 27, 2012

I do hereby certify that this is a true and correct copy.

s/ SONJA TOLBERT City Clerk Albany, GA

11-30-12 Date

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Affidavit of Publication

State of Georgia, County of Dougherty

Personally, appeared before the undersigned, an officer, authorized to administer oaths,

Amber Hancock, who being sworn, says that she is the Classified Manager for The Albany

Herald Publishing Inc., a corporation with principle offices at Albany, Dougherty County,

Georgia, and having general circulation within the area of Dougherty, Early, Clay, Calhoun,

Mitchell, Decatur, Baker, Worth, Lee, Terrell, Miller, Randolph, Turner, Sumter and

Seminole counties, and that the ad for

Notice Charter Amendment

SERVICE BY PUBLICATION, a True Copy of which is affixed hereto, was published in

the Albany Herald in all its editions for

Nov 6, 13, 20

2012

s/ AMBER HANDCOCK Amber Hancock Classified Manager

Sworn to and subscribed before me at Albany, Georgia, this 4 Day of December, 2012

s/ Amanda Howell Notary Public [SEAL]

NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF ALBANY, GEORGIA
BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY KNOWN AS
"THE MUNICIPAL HOME RULE ACT OF 1965"

Notice is hereby given that an ordinance was introduced on October 23, 2012, and will be read for final adoption on November 27, 2012, to amend the Charter of the City of Albany, Georgia, which was created by an act amended on August 18, 1923 (Ga. L. 1923, p. 370), as amended, so as to provide for the organizational meeting of the board of city commissioners to be held on the second Monday in January of even numbered years.

A copy of this proposed amendment to the Charter of the City of Albary, Georgia is on file in the office of the Clerk of the City of Albany, and is on file in the office of the Clerk of the

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Superior Courts of Dougherty County, Georgia, for the purpose of examination and inspection by the public, all as required by law.

This 6th day of November, 2012.

C. Nathan Davis City Attorney City of Albany, Georgia

Filed in the office of the Secretary of State December 14, 2012. __________

CITY OF COVINGTON ) CONFLICTS OF INTEREST.

AN ORDINANCE TO AMEND SECTION 33 OF THE CHARTER OF THE CITY OF COVINGTON; TO REPEAL ALL OTHER ACTS AND ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES.

WHEREAS, the City of Covington, Georgia, a municipal corporation of the State of Georgia (the "City"), operates pursuant to the Constitution and laws of the State of Georgia and its Charter, approved January 30, 1962, (Ga. L. 1962, p. 2003), as amended; and
WHEREAS, the City has now determined that it is necessary to make a certain amendment 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 subsequently amended and restated, is amended by deleting the content of Section 33 thereof in its entirety and substituting the following in lieu thereof:

"See. 33. - Contract, etc., interest prohibited.

No council member, the mayor, nor any official or employee of the city, nor any person having held such position within the prior 24 months, shall be interested directly or indirectly in any contract, sale of merchandise, service with or for the city, or in the profits or emoluments there from; and any contract on the part of the city which violates this section shall be null and void. Provided, however, the aforesaid prohibition shall not apply to:

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(a) Sales of personal property or a contract for services; provided such sales and the payment for services total less than $800.00 per calendar quarter; (b) Sales of personal property or a contract for services made pursuant to sealed competitive bids made by the council member, mayor, official or employee of the city, either for himself or herself or on behalf of any business entity; or (c) Sales of real property in which disclosure has been made: (1) To the judge of the probate court of Newton County, provided that if the sale is made by the judge of the probate court, then to any judge of the superior court of Newton County; (2) Not less than 15 days prior to the date such sale will become final and binding on the parties thereto; and (3) Which shows that the council member, mayor official or employee of the city has a personal interest in such sale, which interest includes, but is not limited to, any commission, fee, profit or similar benefit and which gives the name of such person, his or her position in the city, the purchase price and location of the property. No council member, the mayor, nor any officer or employee of the city shall accept any gift, frank, pass, or other emolument from any person, firm or corporation operating any public utility, or engaged in any business of a public nature within the city, or from any person, firm or corporation seeking to sell or which may desire to sell supplies to the city, perform service for or make a contract with the city, other than a gift of nominal value; nominal value being defined in this instance as less than twenty-five dollars ($25.00). Former Sec. 32."
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 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 3rd day of December, 2012.

By: s/ RONNIE JOHNSTON RONNIE JOHNSTON, Mayor

Attest: s/ AUDRA M. GUTIERREZ AUDRA M. GUTIERREZ, City Clerk
(CITY SEAL)

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I certify that this is a true & exact copy of the original.

s/ AUDRA M. GUTIERREZ [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. Notice NOTICE OF INTENTION TO AMEND SECTION 33 OF THE 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: 11/9, 16, 23, 2012.

s/ T. PAT CAVANAUGH

Sworn to and subscribed before me the 13th day of December 2012.

s/ TONYA BROWNLEE Tonya Brownlee Notary Public My Commission Expires: March 12, 2016 (Notary Seal)

EXHIBIT A

NOTICE OF INTENTION TO AMEND SECTION 33 OF THE 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"

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CITY OF COVINGTON, GEORGIA NEWTON COUNTY

Notice is hereby given that an ordinance was introduced on November 5, 2012 and will be read for final adoption on December 3, 2012, 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), to amend the amount of personal property council members, the mayor and officials and employees of the City may sell to the City in any calendar quarter from $200 to $800 and for other purposes.
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 6th day of November, 2012.

_______________________________ AUDRA M. GUTIERREZ, City Clerk

Filed in the Office of the Secretary of State December 21, 2012. __________

CITY OF BROOKLET POWERS; ADVERTISING AND PROMOTION OF CITY.

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF BROOKLET TO PROVIDE FOR THE ADVERTISING AND PROMOTION OF THE ADVANTAGES OF THE CITY, TO ENCOURAGE AND PROMOTE TOURISM AND POSITIVE EXPOSURE FOR THE CITY OF BROOKLET, AND TO APPROPRIATE FUNDS FOR SUCH PURPOSES

PREAMBLE

The City of Brooklet, 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 the 17th day of May, 2004 (Ga. L. 2004, p. 3989), as amended. The City has now determined that it is necessary to make certain amendments to its Charter pursuant to its home rule powers granted pursuant to Article IX, Section II, Paragraph II of the Constitution of the State of Georgia and O.C.G.A, 36-35-1 through 36-35-7.

NOW THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Brooklet, and it is hereby ordained by authority of the same, as follows:

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Section 1: The Charter of the City of Brooklet, which was established by an Act creating a new Charter for the City of Brooklet, Georgia, approved on the 17th day of May, 2004 (Ga. L. 2004, p. 3989), as amended, is hereby amended as follows:

By adding a paragraph 40 to Section 1-4 of said Charter as follows:

(40) Advertising and Promotion of City: To advertise and promote the advantages of the City, and to encourage and promote tourism and positive exposure for the City, in such manner that shall be determined by the Mayor and Council of the City, including, but not limited to, the promotion and sponsorship of festivals and parades within the City, and to appropriate funds for such purposes.

Section 2: All portions of the Charter or amendments thereto, and all ordinances and parts of ordinances, in conflict herewith, are hereby repealed.

Section 3: If any part of this ordinance shall be declared void, it is the intent and purpose hereof that all other provisions not so declared void shall remain in full force and effect.

Section 4: The Clerk of the City is hereby authorized and directed to cause a notice, a copy of which is attached hereto as Exhibit "A", and hereby incorporated by reference, to be published in the Statesboro Herald, the official newspaper in which sheriff's advertisements are published in Bulloch County, Georgia, in which the City is located, once a week for three (3) weeks, within a period of sixty (60) days immediately preceding the date of the final adoption of this ordinance. The Clerk of the City is also hereby authorized and directed to cause the publisher of the Statesboro Herald to execute an affidavit of such publication.

This ordinance was introduced and read at a meeting of Council of the City of Brooklet held on the 19th day of May, 2011, and read a second time, passed, and adopted in like meeting held on the 16th day of June, 2011.

This 16th day of June, 2011.

BY: s/ JOE GROOMS (SEAL) Mayor

ATTEST: s/ LORI PROSSER (SEAL)
Clerk

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CITY OF BROOKLET, GEORGIA BULLOCH COUNTY

NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF BROOKLET, GEORGIA, BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY KNOWN AS "THE MUNICIPAL HOME RULE ACT OF 1965"

Notice is hereby given that an ordinance will be introduced on the 19th day of May, 2011, and read for final adoption on the 16th day of June, 2011, to amend the Charter of the City of Brooklet, Georgia, which was created by an Act approved on the 17th day of May, 2004 (Ga. L. 2004, p. 3989), as amended, to provide for the advertising and promotion of the advantages of the City, to encourage and promote tourism and positive exposure for the City of Brooklet, and to appropriate funds for such purposes.

A copy of this proposed amendment to the Charter of the City of Brooklet, Georgia, is on file in the Office of the Clerk of the City of Brooklet, and is on file in the Office of the Clerk of the Superior Court of Bulloch County, Georgia, for the purpose of examination and inspection by the public, all as required by law.

s/ LORI PROSSER City Clerk (SEAL)

Three (3) Times

AFFIDAVIT OF PUBLICATION

STATE OF GEORGIA COUNTY OF Bulloch

Personally appeared before me, the undersigned officer duly authorized by law to administer oaths, Stephanie Bernard, who, after being duly swom, states under oath, of his/her own personal knowledge, the following:

1. My name is Stephanie Bernard, I am over the age of 18, and I am competent to make this Affidavit. I make this Affidavit voluntarily based on my personal knowledge and information and I understand that this Affidavit may be used in connection with litigation, and for any other purpose allowed by law.

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MUNICIPAL HOME RULE ORDINANCES

2. I am employed by Statesboro Herald (the "Newspaper"), the legal organ of Bulloch County Georgia, as its legal representative.

3. The Newspaper published a Notice of Sale Under Power regarding Notice of Intention: City of Brooklet ran on the following dates: May 18th, 25th and June 1st 2011 A true and accurate copy of these legal advertisements which ran in Newspaper are attached hereto.

4. These documents were produced and kept by Newspaper in the ordinary course of business, constitute business records of Newspaper, and I am a custodian of the documents.

I declare under penalty of perjury that the foregoing is true and correct pursuant to 28 U.S.C. 1746.

12-12-12 DATE

s/ STEPHANIE BERNARD

Sworn to and subscribed before

me this ___ day of ______________, 20_. [Affix Notary Seal]

s/ PAMELA POLLARD Notary Public My commission expires: _____________

PAMELA POLLARD NOTARY PUBLIC Bulloch County State of Georgia My Comm. Expires April 18, 2015

CITY OF BROOKLET, GEORGIA BULLOCH COUNTY NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF BROOKLET, GEORGIA, BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY KNOWN AS "THE MUNICIPAL HOME RULE ACT OF 1965"

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Notice is herby given that an ordinance will be introduced on the 19th day of May, 2011 and read for final adoption on the 16th day of June, 2011, to amend the Charter of the City of Brooklet, Georgia, which was created by an Act approved on the 17th day of May, 2004 (Ga. L. 2004, p. 3989), as amended, to provide for the advertising and promotion of the advantages of the City to encourage and promote tourism and positive exposure for the City of Brooklet, and appropriate funds for such purposes.

A copy of this proposed amendment to the Charter of the City of Brooklet, Georgia , is on file in the Office of the Clerk of the City of Brooklet, and is on file in the Office of the Clerk of Superior Court of Bulloch County , Georgia, for the purpose of examination and inspection by the public, all as required by law.

Lori Prosser City Clerk

Filed in the Office of the Secretary of State January 2, 2013. __________

CITY OF LOGANVILLE CITY MANAGER; DUTIES.

CITY OF LOGANVILLE ORDINANCE NO.

AN ORDINANCE TO AMEND SECTION 3.10 OF THE CITY OF LOGANVILLE'S CHARTER REGARDING ADMINSTRATIVE AND SERVICE DEPARTMENTS; TO REPEAL CONFLICTING LAWS; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

WHEREAS, the Act to reincorporate and provide a new charter for the City of Loganville in the counties of Walton and Gwinnett which was approved March 24, 1988 (Ga. L. 1988, p. 4827) provides that the city council, by ordinance, shall prescribe the functions or duties of all nonelective offices, positions of employments, departments and agencies of the city as necessary for the proper administration of the affairs of the city government, Charter 3.10(a); and

WHEREAS, the Charter of the City of Loganville provides that it shall be the duty of the city manager "to direct and supervise the administration of departments as directed by the mayor and council," Charter 3.14(6); and

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MUNICIPAL HOME RULE ORDINANCES

WHEREAS, the Code of the City of Loganville provides that it shall be the duty of the city manager "to supervise and direct the official conduct of all appointive officers," Code 2-128(3); and

WHEREAS, the Code of the City of Loganville provides that it shall be the duty of the city manager "to exercise supervision and control over all departments and divisions of the city, except where otherwise provided by law," Code 2-128(4); and

WHEREAS, the Code of the City of Loganville provides that "all department heads should be immediately responsible to the city manager for the effective administration of their respective departments and all activities assigned thereto," Code 2-99(1); and

WHEREAS, the Mayor and Council of the City of Loganville have determined that amending the charter to clarify the chain of command with regard to the administration of the affairs and government of the city is in the best interest of the citizens and employees of Loganville.

PURSUANT TO THE HOME RULE POWERS GRANTED TO THE CITY OF LOGANVILLE, THE COUNCIL OF THE CITY OF LOGANVILLE HEREBY ORDAINS

Section 1. That an Ordinance to amend Section 3.10 of the Charter will be considered at two regular consecutive meetings of the Council of the City of Loganville, Georgia, not less than seven nor more than sixty days apart.

Section 2. That the City is directed to place a notice complying with the requirements of O.C.G.A. 36-35-3 in the official organ of Walton County or in a newspaper of general circulation in the City of Loganville once a week for three weeks within a period of sixty days immediately preceding final adoption of the Charter amendment.

Section 3. That Subsection (d) of Section 3.10 of the City Charter is deleted in its entirety and replaced with the following:

Sec. 3.10 - Administrative and service departments.

(d) There shall as the council directs 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 and council, or the city manager if one has been appointed, be responsible for the administration and drection of the affairs and operations of his or her department or agency.

Section 4. That a new Subsection (e) be added to Section 3.10 of the City Charter as follows:

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Sec. 3.10 - Administrative and service departments.

(e) The mayor and council may, by ordinance, delegate its authority regarding the administrative affairs of the city unless such delegation is prohibited in this Charter or by the general laws or Constitution of the state of Georgia.

Section 5. Should a court of competent jurisdiction deem any phrase, clause, sentence or section of this ordinance unconstitutional, such determination shall not affect the remaining provisions of this ordinance, which provisions shall remain in full force and effect.

Section 6. All ordinances or parts of ordinances in conflict with this ordinance are, to the extent of such conflict, hereby repealed.

Section 7. Sections 3 and 4 of this Ordinance shall become effective as provided by O.C.G.A. 36-33-5. The remainder of this ordinance shall become effective on the date of its adoption.

This Ordinance is adopted this 9th day of February, 2012.

CITY OFLOGANVILLE s/ RAY NUNLEY Ray Nunley, Mayor

ATTEST:

s/ BILL JONES Bill Jones, City Manager

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF LOGANVILLE

Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Loganville (Ga. L. 1988, p. 4827, et seq, as amended), said Ordinance being captioned as follows:

AN ORDINANCE TO AMEND SECTION 3.10 OF THE CITY OF LOGANVILLE'S CHARTER REGARDING ADMINSTRATIVE AND SERVICE DEPARTMENTS; TO REPEAL CONFLICTING LAWS; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

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This proposed amendment would clarify that the city manager is responsible for the administration of the affairs and government of the cty and provide uniformity among sections of the Charter and of the Code of the City of Loganville.

A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Loganville and in the Office of the Clerk of the Superior Court of Walton County for the purpose of examination and inspection by the public.

This 10th day of February, 2012.

s/ KRISTI ASH Kristi Ash Deputy City Clerk City of Loganville

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA

COUNTY OF WALTON

Before the undersigned attesting officer in and for said State personally appeared BRIAN M. ARRINGTON, who on oath deposes and says that s/he is the publisher of The Walton Tribune, the newspaper in which sheriff's advertisements appear for Walton County; and that the attached notice regarding the Ordinance to Amend Section 3.10 of the City of Loganville's Charter regarding Administrative and Service Departments, was published in said newspaper on the following dates, to-wit: February 15, 22, and 29, 2012.

s/ BRIAN M. ARRINGTON Publisher

Sworn to and subscribed before me this 9th day of January, 2013.

s/ KATHY B. STEPHENS Notary Public

My Commission Expires: (NOTARIAL SEAL) [SEAL]

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NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF LOGANVILLE

Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Loganville (Ga. L. 1988, p. 4827, et seq, as amended), said Ordinance being captioned as follows: AN ORDINANCE TO AMEND SECTION 3.10 OF THE CITY OF LOGANVILLE'S CHARTER REGARDING ADMINISTRATIVE AND SERVICE DEPARTMENTS; TO REPEAL CONFLICTING LAWS; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. This proposed amendment would clarify that the city manager is responsible for the administration of the affairs and government of the city and provide uniformity among sections of the Charter and of the Code of the City of Loganville. A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Loganville and in the Office of the Clerk of the Superior Court of Walton County for the purpose of examination and inspection by the public.

This 10th day of February 2012

Kristi Ash Deputy City Clerk City of Loganville

Filed in the Office of the Secretary of the State January 14, 2013. __________

CITY OF ATLANTA SPECIAL DISTRICTS FOR WATER AND ENERGY SAVING IMPROVEMENTS

CITY COUNCIL ATLANTA, GEORGIA

12-O-1615

AN ORDINANCE AND CHARTER AMENDMENT BY COUNCILMEMBERS AARON WATSON AND CARLA SMITH

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 I (CHARTER AND RELATED LAWS), SUBPART A (CHARTER), ARTICLE 1 (NAME, POWERS AND BOUNDARIES), SECTION 1-102 (POWERS) SO AS TO PROVIDE FOR THE POWER TO CREATE SPECIAL DISTRICTS WITHIN WHICH COMMERCIAL

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MUNICIPAL HOME RULE ORDINANCES

PROPERTY OWNERS MAY VOLUNTARILY CONSENT TO THE IMPOSITION OF A FEE, TAX OR ASSESSMENT IN ORDER TO PROVIDE FOR THE INSTALLATION OR MODIFICATION OF IMPROVEMENTS THAT REDUCE ENERGY OR WATER CONSUMPTION OR PROVIDE ENERGY FROM RENEWABLE RESOURCES; TO PROVIDE FOR A LIEN PRIORITY AND ENFORCEMENT MECHANISM; AND FOR OTHER PURPOSES

WHEREAS, the City of Atlanta (the "City") has determined that energy-consuming improved properties that are not using energy conservation strategies contribute to the burden affecting improved property, contribute to poor air-quality, greater use of scarce water resources and over-dependence on fossil fuel energy production; and

WHEREAS, the City Council of the City has determined and declared that reduction in atmospheric carbon dioxide, increase in water conservation and the development of additional sources of renewable energy are the public policy of the City; and

WHEREAS, the City has a Sustainability Plan which provides a comprehensive plan for improvements in water conservation, the reduction of the carbon footprint, greenhouse gas emissions and make the downtown Atlanta area more sustainable; and

WHEREAS, in order to make qualifying improvements more affordable and to assist property owners who wish to undertake such improvements, the City has determined that it is in the best interests of its citizens to authorize the creation of "property assessed clean energy districts" in the City within which property owners may voluntarily install water and energy conservation improvements to be financed through a program facilitated by the City, but without public funds; and

WHEREAS, as part of the program it will be necessary for property owners to agree to the imposition of a property assessment on their improved real property and for the City to levy and provide for the collection the assessment, and to establish a mechanism for the enforcement of the collection of such voluntary assessments; and

THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS, as follows:

SECTION 1: That Part I, Subpart A, Article 1, Section 1-102 of the Charter of the City of Atlanta, Georgia 1996 Ga. Laws P. 4469, et seq., be amended to add a new subsection 1-102 (c) (61), which shall include the following text which follows the italicized existing language:

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Section 1-102. Powers (c) The city shall have all powers now vested in the city and now or hereafter granted to municipal corporations by the laws of Georgia and shall have the power to do the following:

***

(61) To establish one or more special districts within which commercial property owners may voluntarily consent to the installation of energy and water conservation improvements and to the imposition of a fee, tax or assessment which may be assigned through contract with the city's development authority or downtown development authority in order to provide financing for the installation or modification of improvements that reduce energy or water consumption or provide improvements that produce energy from renewable resources; to provide for the impositon of liens and penalties for failure to pay the fee, tax or assessment, provided that such liens shall be enforced in the same manner and with the same remedies as a lien for city property taxes and shall be co-equal and on a parity basis with other municipal taxes. Any fee, tax or assessment shall be collected by Fulton County in the same manner, and on the same dates as other taxes, fees and assessments levied by the City of Atlanta.

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 the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties and that a "Notice of Proposed Amendment to the Charter of the City of Atlanta, Georgia," attached hereto and marked "Exhibit A" and made a part of this ordinance, be published in the official organ of the county of the legal situs of the City of Atlanta or in a newspaper of general circulation of 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: Upon adoption of this Charter amendment, the City Council authorizes the Law Department and the Department of Finance to establish any procedures which may be necessary for its implementation, including coordination with the Fulton County Tax Commissioner for purposes of levying an collecting the tax, fee and assessment authorized hereby.

SECTION 4: That all ordinances and parts of ordinances in conflict herewith are hereby waived to the extent of the conflict.

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MUNICIPAL HOME RULE ORDINANCES

ADOPTED by the Atlanta City Council APPROVED as per City Charter Section 2-403

DEC 03, 2012 DEC 12, 2012

A true copy,

s/ RHONDA DAUPHIN JOHNSON 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 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 I (CHARTER AND RELATED LAWS), SUBPART A (CHARTER), ARTICLE 1 (NAME, POWERS AND BOUNDARIES), SECTION 1-102 (POWERS) SO AS TO PROVIDE FOR THE POWER TO CREATE SPECIAL DISTRICTS WITHIN WHICH COMMERCIAL PROPERTY OWNERS MAY VOLUNTARILY CONSENT TO THE IMPOSITION OF A FEE, TAX OR ASSESSMENT IN ORDER TO PROVIDE FOR THE INSTALLATION OR MODIFICATION OF IMPROVEMENTS THAT REDUCE ENERGY OR WATER CONSUMPTION OR PROVIDE ENERGY FROM RENEWABLE RESOURCES; TO PROVIDE FOR A LIEN PRIORITY AND ENFORCEMENT MECHANISM; 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 an DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

This ______ day of ___________, 2012

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__________________________ Rhonda Dauphin Johnson Municipal Clerk City of Atlanta

PUBLISHER'S AFFIDAVIT

JANICE CRANFIELD 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): NOVEMBER 14, 21 AND 28, 2012.

s/ JANICE CRANFIELD (ACCOUNT EXECUTIVE SIGNATURE)

SWORN TO AND SUBSCRIBED BEFORE ME, THIS 29th DAY OF December, 2012

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 (12-O-1615) 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 I (CHARTER AND RELATED LAWS), SUBPART A (CHARTER), ARTICLE 1 (NAME, POWERS AND BOUNDARIES), SECTION 1-102 POWERS) SO AS TO PROVIDE FOR THE POWER TO CREATE SPECIAL DISTRICTS WITHIN WHICH COMMERCIAL PROPERTY OWNERS MAY VOLUNTARILY CONSENT TO THE IMPOSITION OF A FEE, TAX OR ASSESSMENT IN ORDER TO PROVIDE FOR THE INSTALLATION OR

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MUNICIPAL HOME RULE ORDINANCES

MODIFICATION OF IMPROVEMENTS THAT REDUCE ENERGY OR WATER CONSUMPTION OR PROVIDE ENERGY FROM RENEWABLE RESOURCES; TO PROVIDE FOR A LIEN PRIORITY AND ENFORCEMENT MECHANISM; 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 7TH day of November, 2012.

Rhonda Dauphin Johnson Municipal Clerk

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON Re: 1981060

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:

11/14/212, 11/21/212, 11/28/2012

s/ PATRICE GRANT Patrice Grant (Agent)

[SEAL]

s/ K. MOSLEY Kaweemah Mosley (Notary Public)

Subscribed and sworn to before me this 11/14/2012, 11/21/2012, 11/28/2012 of November, 2012.

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PUBLIC NOTICE NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an Ordinance (12-O-1615) 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 I (CHARTER AND RELATED LAWS), SUBPART A (CHARTER), ARTICLE 1 (NAME, POWERS AND BOUNDARIES), SECTION 1-102 POWERS) SO AS TO PROVIDE FOR THE POWER TO CREATE SPECIAL DISTRICTS WITHIN WHICH COMMERCIAL PROPERTY OWNERS MAY VOLUNTARILY CONSENT TO THE IMPOSITION OF A FEE, TAX OR ASSESSMENT IN ORDER TO PROVIDE FOR THE INSTALLATION OR MODIFICATION OF IMPROVEMENTS THAT REDUCE ENERGY OR WATER CONSUMPTION OR PROVIDE ENERGY FROM RENEWABLE RESOURCES; TO PROVIDE FOR A LIEN PRIORITY AND ENFORCEMENT MECHANISM; 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 7TH day of November, 2012.

Rhonda Dauphin Johnson Municipal Clerk

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 Ordinance (12-O-1615)

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MUNICIPAL HOME RULE ORDINANCES

was published in said newspaper on the following date(s): 11/15/12, 11/22/12, 11/29/12

s/ CAROLYN JERNIGAN GLENN CAROLYN J. GLENN, PUBLISHER

Sworn to and subscribed before me this 11/29/12.

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 (12-O-1615)++ 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 I (CHARTER AND RELATED LAWS), SUBPART A (CHARTER), ARTICLE 1 (NAME, POWERS AND BOUNDARIES), SECTION 1-102 POWERS) SO AS TO PROVIDE FOR THE POWER TO CREATE SPECIAL DISTRICTS WITHIN WHICH COMMERCIAL PROPERTY OWNERS MAY VOLUNTARILY CONSENT TO THE IMPOSITION OF A FEE, TAX OR ASSESSMENT IN ORDER TO PROVIDE FOR THE INSTALLATION OR MODIFICATION OF IMPROVEMENTS THAT REDUCE ENERGY OR WATER CONSUMPTION OR PROVIDE ENERGY FROM RENEWABLE RESOURCES; TO PROVIDE FOR A LIEN PRIORITY AND ENFORCEMENT MECHANISM; 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 7th day of November, 2012.

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Rhonda Dauphin Johnson Municipal Clerk

Filed in the Office of the Secretary of State January 15, 2013. __________

CITY OF MACON ) GENERAL EMPLOYEES' PENSION PLAN; CHANGES TO COMPLY WITH INTERNAL REVENUE CODE.

SPONSOR: MAYOR ROBERT A.B. REICHERT

COMMITTEE AMENDMENT

AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA TO AMEND THE CHARTER OF THE CITY OF MACON, RELATING TO THE MACON PENSION AND RETIREMENT SYSTEMS, DIVISION A, (1972 GA. LAWS, PAGE 3152), SO AS TO SATISFY THE REQUIREMENTS FOR QUALIFICATION UNDER SECTION 401(A) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; AND FOR OTHER PURPOSES.

Purpose: To make additional changes requested by the Internal Revenue Service so as to bring the provisions of the City of Macon's Charter relating to the General Employee's Pension Plan into compliance with I.R.S. requirements.

WHEREAS, on or about June 26, 2012, the Mayor and Council for the City of Macon did adopt certain changes to the City of Macon's Charter relating to the Macon Pension and Retirement Systems, Division A (hereinafter the "Plan") as recommended by Clay Walts who serves as the pension attorney for the General Employee's Pension Plan; and

WHEREAS, the purpose of these changes was to provide for the transfer of certain employees of the City of Macon to Bibb County under the Service Delivery Strategy Agreement and to bring the Plan into compliance with the requirements for qualification under Section 401(a) of the Intema1Revenue Code of 1986; and

WHEREAS, on or about August 20, 2012, the Internal Revenue Service sent a letter to Clay Walts requesting that additional changes be made to the Plan related to bringing the Plan into compliance with I.R.S. requirements; and

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MUNICIPAL HOME RULE ORDINANCES

WHEREAS, on or about September 7, 2012, Clay Walts submitted a proposed restated version of the Plan to the Internal Revenue Service which incorporated the additional changes requested by the Internal Revenue Service; and

WHEREAS, on or about November 1, 2012, the Interna1Revenue Service issued a favorable determination letter approving the additional changes to the Plan as submitted by Clay Walts and conditioning its favorable determination upon the formal adoption of the additional changes by the City of Macon; and

WHEREAS, the Mayor and Council for the City of Macon believe that it is in the best interest of the City and its employees to formally adopt the additional changes to the Plan as approved by the Internal Revenue Service so as to bring the Plan into compliance with the requirements for qualification under Section 401(a) of the Internal Revenue Code of 1986.

NOW THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Macon, Georgia, and it is hereby so ordained by the authority of the same:

Section 1. Subsection (l) of Sec. 1.1 of Article I of Appendix II of the Charter of the City of Macon, relating to the Macon Pension and Retirement Systems, Division A (1972 GA Laws, Page 3152) is amended pursuant to the authority granted the City of Macon under the Georgia Public Retirement Systems Standards Act, O.C.G.A. Sec. 47-20-1 et seq., and the Municipal Home Rule Act of 1965 (1965 Ga. Laws, p. 298, et seq., as amended, O.C.G.A. Sec. 36-35-1, et seq.) by adding the underlined type to create a new Subsection (1) to read as follows:

(l) Actuarial Equivalent: The term 'Actuarial Equivalent' shall mean equality in value of the aggregate amounts expected to be received under different forms of payment. For this purpose, 'actuarial equivalence' for annuity forms of payment will be based on a 7% interest per annum and, for periods prior to July 1, 2013, a 50%/50% blend of the male and females rates set forth in the 1983 Group Annuity Mortality Table and, for periods on and after July 1, 2013, the 'applicable mortality table' promulgated under section 417(e)(3) of the Code in effect at such time.

Section 2. Subsection (o) of Sec. 1.1 of Atticle I of Appendix II of the Charter of the City of Macon, relating to the Macon Pension and Retirement Systems, Division A (1972 GA Laws, Page 3152) is amended pursuant to the authority granted the City of Macon under the Georgia Public Retirement Systems Standards Act, O.C.G.A. Sec. 47-20-1 et seq., and the Municipal Home Rule Act of 1965 (1965 Ga. Laws, p. 298, et seq., as amended, O.C.G.A.

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Sec. 36-35-1, et seq.) by deleting the struck thru type and adding the underlined type to create a new Subsection (o) to read as follows:

(o) Effective Date of Amended Plan: [July 1, 2010.],., except as otherwise indicated.

Section 3. Sec. 2.2(a) of Article II of Appendix II of the Charter of the City of Macon, relating to the Macon Pension and Retirement Systems, Division A (1972 GA Laws, Page 3152) is amended pursuant to the authority granted the City of Macon under the Georgia Public Retirement Systems Standards Act, O.C.G.A. Sec. 47-20-1 et seq., and the Municipal Home Rule Act of 1965 (1965 Ga. Laws, p. 298, et seq., as amended, O.C.G.A. Sec. 36-35-1, et seq.) by deleting the struck thru type and adding the underlined type to create a new Sec. 2.2(a) to read as follows:

Sec. 2.2(a). Recoupment of credit for prior service.

During a sixty (60) day window beginning on the effective date of thisthe charter amendment, adding this Section 2.2(a), any current employee who is an active member of the plan who previously terminated his or her employment with the City of Macon and then was subsequently re-hired by the City of Macon or who though employed by the City of Macon was excluded for a time, may recoup credit for past service in any position for which credit is now allowed by applying and paying into the system the amount equal to a sum determined by a calculation by the Committee and Actuary for such employee for his or her prior employment with the City of Macon, plus five per cent (5%) interest, plus administrative costs as determined by the Committee.

The Employee shall make application and pay the total amount due in one lump sum within the sixty (60) day window period. No credit shall be recouped by the employee until such time as payment has been made in full.

(Ord. No. O-08-0008; 1, 3-5-08)

Section 4. Sec. 3.1 of Article III of Appendix II of the Charter of the City of Macon, relating to the Macon Pension and Retirement Systems, Division A (1972 GA Laws, Page 3152) is amended pursuant to the authority granted the City of Macon under the Georgia Public Retirement Systems Standards Act, O.C.G.A. Sec. 47-20-1 et seq., and the Municipal Home Rule Act of 1965 (1965 Ga. Laws, p. 298, et seq., as amended, O.C.G.A. Sec. 36-35-1, et seq.) by adding the underlined type to create a new Sec. 3.1 to read as follows:

4790

MUNICIPAL HOME RULE ORDINANCES

See. 3.1. Employer contributions.

The City of Macon shall appropriate to the Pension Fund annually a sum sufficient to maintain the Plan on a sound financial basis, as determined by a qualified actuary or firm of actuaries. All city contributions shall be paid to the fund and shall be irrevocable except as herein provided and shall be used only for the benefit of the employees and their beneficiaries. No reversion of the assets of the fund may be made other than in accordance with applicable law.

(Ord. No. O-85-0019, 1, 5-21-85)

Editor's note: The ordinances listed below are published in the Georgia Laws as indicated: TABLE INSET:

Ord. No.

Adopted

Ga. Laws

O-85-0019

5-21-85

1986, p.5771

Section 5. Sec. 6.5 of Article VI of Appendix II of the Charter of the City of Macon, relating to the Macon Pension and Retirement Systems, Division A (1972 GA Laws, Page 3152) is amended pursuant to the authority granted the City of Macon under the Georgia Public Retirement Systems Standards Act, O.C.G.A. Sec. 47-20-1 et seq., and the Municipal Home Rule Act of 1965 (1965 Ga. Laws, p. 298, et seq., as amended, O.C.G.A. See. 36-35-1, et seq.) by deleting the struck thru type and adding the underlined type to create a new Sec. 6.5 to read as follows:
See. 6.5. Direct Rollovers.
Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributee's election under this Section 6.5, a Distributee may elect, at the time and in the manner prescribed by the Committee, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover.
For purposes of this Section the following definitions shall apply:
(a) Eligible Rollover Distribution: The term 'Eligible Rollover Distribution' means is 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

GEORGIA LAWS 2013 SESSION

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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; and any distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code; and the portion of any distribution that is not includible in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities).

(b) Eligible Retirement Plan: The term 'Eligible retirement Plan' means an individual retirement account described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code, an annuity plan described in Section 403(a) of the Internal Revenue Code, or a qualified trust described in Section 401(a) of the Internal Revenue Code, or an individual retirement plan described in Section 408A of the Internal Revenue Code (Roth IRA) 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. For these purposes, an Eligible Retirement Plan shall also mean an annuity contract described in Section 403(b) of the Internal Revenue Code and an eligible plan under Section 457(b) of the Internal Revenue Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and which agrees to separately account for amounts transferred into such plan from this Plan. The definition of Eligible Retirement Plan shall also apply in the case of a distribution to a surviving spouse.

(c) Distributee: The term 'Distributee' includes an Employee or former Employee. In addition, the Employee's or former Employee's surviving spouse are distributees with regard to the interest of the spouse. For distributions after December 31, 2009, a nonspouse beneficiary who is a "designated beneficiary" under Section 401(a)(9)(E) of the Internal Revenue Code and the regulations thereunder, may, in accordance with Section 402(c)(11) of the Internal Revenue Code, by a direct trustee-to-trustee transfer ("direct rollover"), roll over all or any portion of his or her distribution to an Individual Retirement Account (IRA) the beneficiary establishes for purposes of receiving the distribution. In order to be able to roll over the distribution, the distribution otherwise must satisfy the definition of an "eligible rollover distribution" under Section 401(a)(31) of the Internal Revenue Code. Although a non-spouse beneficiary may roll over directly a distribution, the distribution is not subject to the direct rollover requirements of Section 401(a)(31) of the Internal Revenue Code, the notice requirements of Section 402(f) of the Internal Revenue Code or the mandatory withholding requirements of Section 3405(c) of the Internal Revenue Code. If a non-spouse beneficiary receives a distribution from the Plan, the distribution is not eligible for a 60-day (non-direct) rollover. If the Participant's named beneficiary is a trust, the Plan may make a direct

4792

MUNICIPAL HOME RULE ORDINANCES

rollover to an IRA on behalf of the trust, provided the trust satisfies the requirements to be a "designated beneficiary" within the meaning of Section 401(a)(9)(E) of the Internal Revenue Code.

(d) Direct Rollover: The term 'Direct Rollover' means a payment by the Plan to the Eligible Retirement Plan specified by the Distributee.

Section 6. Article IX of Appendix II of the Charter of the City of Macon, relating to the Macon Pension and Retirement Systems, Division A (1972 GA Laws, Page 3152) is amended pursuant to the authority granted the City of Macon under the Georgia Public Retirement Systems Standards Act, O.C.G.A. Sec. 47-20-1 et seq., and the Municipal Home Rule Act of 1965 (1965 Ga. Laws, p. 298, et seq., as amended, O.C.G.A. Sec. 36-35-1, et seq.) by adding Sec. 9.7 to read as follows:

Sec. 9.7. Exclusive Benefit and Governmental Plan Status. The Plan and trust will be maintained and administered for the exclusive benefit of
participants and their beneficiaries. The Plan is intended to satisfy the requirements of Section 401(a) of the Internal Revenue Code by meeting the requirements of Section 414(d) of the Internal Revenue Code.

Section 7. 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 jutisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.

Section 8. In accordance with Municipal Home Rule Act of 1965, (1965 Ga. Laws, p. 298, et seq., as amended, O.C.G.A. Sec. 36-35-1, et seq.), it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Charter of the City of Macon, Georgia, and the sections of this Ordinance may be renumbered to accomplish such intention.

Section 9. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed.

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FIRST PASSAGE OF CHARTER AMENDMENT SO ORDAINED this 4th day of December, 2012.

s/ JAMES E. TIMLEY James E. Timley, President of City Council

SO APPROVED this 6th day of December, 2012.

s/ ROBERT A.B. REICHERT Robert A.B. Reichert, Mayor

SECOND PASSAGE OF CHARTER AMENDMENT SO ORDAINED this 18th day of December, 2012.

s/ JAMES E. TIMLEY James E. Timley, President of City Council

SO APPROVED this 20th day of December, 2012.

s/ ROBERT A.B. REICHERT Robert A.B. Reichert, Mayor

City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 12-4-2012 Witness my hand and seal of the City of Macon this 12-5-2012

s/ JOYCE R. HUMPHREY Clerk of Council

SUBMITTED TO MAYOR'S OFFICE December 5, 2012 RETURNED FROM MAYOR'S OFFICE December 6, 2012 5:00PM

City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 12-18-2012 Witness my hand and seal of the City of Macon this 12-19-2012

4794

MUNICIPAL HOME RULE ORDINANCES

s/ JOYCE R. HUMPHREY Clerk of Council

SUBMITTED TO MAYOR'S OFFICE December 19, 2012 RETURNED FROM MAYOR'S OFFICE December 21, 2012 11:24PM

STATE OF GEORGIA COUNTY OF BIBB

Personally appeared before me, a notary public within and for above state and county, David Robbins, who deposes and says he is the Vice President of Advertising for The Macon Telegraph and is duly authorized by the publisher thereof to make this affidavit, and that advertisement as follows has been published in The Macon Telegraph on the following dates:

12/09/2012 12/16/2012 12/17/2012

2919486 # GEORGIA, BIBB COUNTY PUBLIC NOTICE -The City of Macon proposes to amend Appendix II of its Charter related to the general employees' pension plan to make additional changes required to bring the plan into compliance with I.R.S. requirements. The proposed charter amendment is available for public inspection in the Office of the City Clerk and the Office of the Bibb County Superior Court Clerk. #2919486: 12/9,16,17

SIGNED s/ DAVID ROBBINS

Sworn to and subscribed before me this 17 day of DECEMBER 2012

Notary Public s/ KATHLEEN JONES [SEAL]

PUBLIC NOTICE

The City of Macon proposes to amend Appendix II of its Charter related to the general employees' pension plan to make additional changes required to bring the plan into compliance with I.R.S. requirements. The proposed charter amendment is available for public inspection in the Office of the City Clerk and the Office of the Bibb County Superior Court Clerk.

Filed in the Office of the Secretary of State January 15, 2013.

GEORGIA LAWS 2013 SESSION

4795

CITY OF MACON ) MACON FIRE AND POLICE EMPLOYEES RETIREMENT SYSTEM; SELECTION OF AGENTS.

SPONSOR: MAYOR ROBERT A.B. REICHERT COUNCILPERSON CHARLES JONES

FLOOR AMENDMENT

AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA TO AMEND ARTICLE VII OF APPENDIX III OF THE CHARTER OF THE CITY OF MACON, RELATING TO THE MACON FIRE AND POLICE EMPLOYEES RETIREMENT SYSTEM, (1969 GA. LAWS, PAGE 2801), PURSUANT TO THE AUTHORITY GRANTED THE CITY OF MACON UNDER THE GEORGIA PUBLIC RETIREMENT SYSTEMS STANDARDS ACT, O.C.G.A. SEC. 47-20-1, ET SEQ., AND THE MUNICIPAL HOME RULE ACT OF 1965, (1965 GA. LAWS, P. 298, ET SEQ., AS AMENDED, O.C.G.A. SEC. 36-35-1, ET. SEQ.), SO AS TO SET LIMITS ON THE COMPENSATION OF AGENTS SELECTED TO PERFORM DUTIES ON BEHALF OF THE RETIREMENT SYSTEM'S BOARD OF TRUSTEES; AND FOR OTHER PURPOSES.

Purpose: To amend the Charter of the City of Macon relating to the Macon Fire and Police Employees Retirement System so as to set limits on the compensation of agents selected to perform duties on behalf of the Retirement System's board of trustees.

WHEREAS, pursuant to section (2) of Article VII of Appendix III of the Charter of the City of Macon relating to the Macon Fire and Police Employees Retirement System ("Retirement System"), the City is authorized to set limits with respect to the compensation of agents selected to perform duties on behalf of the Retirement System's board of trustees ("Board"); and
WHEREAS, pursuant to O.C.G.A. 47-1-3 (c), the City is authorized to utilize public funds where the Retirement System's funds are not adequate to pay the administrative costs of the Retirement System; and
WHEREAS, pursuant to O.C.G.A. 47-1-85, the assets of a public retirement system shall not be used for or diverted to purposes other than for the exclusive benefit of plan members and their designated beneficiaries and for paying reasonable expenses of the public retirement system; and
WHEREAS, pursuant to section (5) of Article VII of Appendix III of the Charter of the City of Macon relating to the Retirement System, the City is required, absent willful misconduct, to indemnify and hold each member of the Board harmless from the effects and consequences of their acts, omissions, and conduct; and

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MUNICIPAL HOME RULE ORDINANCES

WHEREAS, pursuant to O.C.G.A. 47-20-10 and O.C.G.A. 47-20-20 (b), the City is required to make contributions to the Retirement System sufficient to assure the actuarial soundness of said system; and
WHEREAS, to ensure accountability for the expenditure of public funds and the assets of the Retirement System, the mayor and council fmd that it is in the best interests of the City to exercise its authority to set limits with respect to the compensation of agents selected to perform duties on the Board's behalf.
NOW THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Macon, Georgia, and it is hereby so ordained by the authority of the same:

Section 1.

Article VII of Appendix III of the Charter of the City of Macon, relating to the Fire and Police Employees Retirement System, (1969 Ga. Laws, page 2801), is amended pursuant to the authority granted the City of Macon under the Georgia Public Retirement Systems Standards Act, O.C.G.A. Sec. 47-20-1, et seq., and the Municipal Home Rule Act of 1965, (1965 Ga. Laws, p. 298, et seq., as amended, O.C.G.A. Sec. 36-35-1, et seq.), by renumbering section (3) as section (4), by renumbering section (4) as section (5), by renumbering section (5) as section (6), by renumbering section (6) as section (7), and by adding a new section (3) set forth in italicized text as follows:

(3) Selection of agents.

(a) Pursuant to section (2) above, which authorizes the city to set limits on the compensation of agents, the board shall be required to enter into a written agreement with any agents selected to perform duties on the board's behalf. The board is hereby authorized to enter into and to sign a written agreement with an agent, without the approval ofthe city, provided that the agent certifies to the board in the written agreement that the agent does not reasonably expect the cost of its services to exceed Twenty Thousand Dollars ($20,000.00).

(b) An agreement with an agent whose services are reasonably expected to exceed Twenty Thousand Dollars ($20,000.00) or the continued engagement of any agent whose cost of services for the previous twelve months have exceeded Twenty Thousand Dollars ($20,000.00) without the approval of the city shall require the consent of the city by adoption of a resolution of mayor and council. As a condition of seeking approval from the city, the board shall demonstrate to mayor and council that it has made a competitive selection based upon relevant criteria established and published as part of the selection process.

GEORGIA LAWS 2013 SESSION

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(c) Any written agreement entered into by the board on or after November 1, 2012 which does not comply with the requirements of this section as set forth above shall be null and void.

Section 2.

The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared illegal by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.

Section 3.

In accordance with Municipal Home Rule Act of 1965, (1965 Ga. Laws, p. 298, et seq., as amended, O.C.G.A. Sec. 36-35-1, et seq.), it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Charter of the City of Macon, Georgia, and the sections of this Ordinance may be renumbered to accomplish such intention.

Section 4.

All ordinances or parts thereof in conflict with this Ordinance are hereby repealed.

FIRST PASSAGE OF CHARTER AMENDMENT SO ORDAINED this 18th day of September, 2012.

s/ JAMES E. TIMLEY James E. Timley, President of City Council

SO APPROVED this 21st day of September, 2012.

s/ ROBERT A.B. REICHERT Robert A.B. Reichert, Mayor

SECOND PASSAGE OF CHARTER AMENDMENT SO ORDAINED this 2nd day of October, 2012.

s/ JAMES E. TIMLEY James E. Timley, President of City Council

4798

MUNICIPAL HOME RULE ORDINANCES

SO APPROVED this 8th day of October, 2012.

s/ ROBERT A.B. REICHERT Robert A.B. Reichert, Mayor

City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 9-18-2012 Witness my hand and seal of the City of Macon this 9-19-2012

s/ JOYCE R. HUMPHREY Clerk of Council

SUBMITTED TO MAYOR'S OFFICE September 19, 2012 RETURNED FROM MAYOR'S OFFICE September 24, 2012 12:50PM

City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 10-2-2012 Witness my hand and seal of the City of Macon this 10-3-2012

s/ JOYCE R. HUMPHREY Clerk of Council

SUBMITTED TO MAYOR'S OFFICE October 3, 2012 RETURNED FROM MAYOR'S OFFICE October 8, 2012 5:40PM

STATE OF GEORGIA COUNTY OF BIBB

Personally appeared before me, a notary public within and for above state and county, Clero Wright, who deposes and says she is the classified/legal supervisor for The Macon Telegraph and is duly authorized by the publisher thereof to make this affidavit, and that advertisement as follows has been published in The Macon Telegraph on the following dates:

09/22/2012 09/29/2012 10/01/2012

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2914080 # GEORGIA, BIBB COUNTY PUBLIC NOTICE -The City of Macon proposes to amend Appendix III of its Charter relating to the Macon Fire and Police Employees Retirement System so as to set limits on the compensation of agents selected to perform duties on behalf of the Retirement System's board of trustees. The proposed Charter amendment is available for public inspection in the Office of the City Clerk and the Office of the Bibb County Superior Court Clerk. #2914080: 9/22,29; 10/1

SIGNED s/ CLERO WRIGHT

Sworn to and subscribed before me this 01 day of OCTOBER 2012

Notary Public s/ WENDY HOWARD [SEAL]

PUBLIC NOTICE The City of Macon proposes to amend Appendix III of its Charter relating to the Macon Fire and Police Employees Retirement System so as to set limits on the compensation of agents selected to perform duties on behalf of the Retirement System's board of trustees. The proposed Charter amendment is available for public inspection in the Office of the City Clerk and the Office of the Bibb County Superior Court Clerk.

Filed in the Office of the Secretary of State January 28, 2013. __________

CITY OF MACON ) MACON GENERAL EMPLOYEES' RETIREMENT SYSTEM; SELECTION OF AGENTS.

SPONSOR: MAYOR ROBERT A.B. REICHERT

COMMITTEE AMENDMENT

AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA TO AMEND ARTICLE VIII OF APPENDIX II OF THE CHARTER OF THE CITY OF MACON, RELATING TO THE MACON PENSIONS AND RETIREMENT SYSTEM, DIVISION A, (1972 GA. LAWS, PAGE 3152), PURSUANT TO THE AUTHORITY GRANTED THE CITY OF MACON UNDER THE GEORGIA PUBLIC RETIREMENT SYSTEMS STANDARDS ACT, O.C.G.A. SEC. 47-20-1, ET SEQ., AND THE MUNICIPAL HOME RULE ACT OF 1965, (1965 GA. LAWS, P. 298, ET SEQ., AS AMENDED, O.C.G.A. SEC. 36-35-1, ET. SEQ.), SO AS TO SET LIMITS ON THE COMPENSATION OF AGENTS

4800

MUNICIPAL HOME RULE ORDINANCES

SELECTED TO PERFORM DUTIES ON BEHALF OF THE SYSTEM'S RETIREMENT COMMITTEE; AND FOR OTHER PURPOSES.

Purpose: To amend the Charter of the City of Macon relating to the City of Macon General Employee's Retirement System so as to set limits on the compensation of agents selected to perform duties on behalf of the System's retirement committee.

WHEREAS, pursuant to sub-section (i) of section 8.2 of Article VIII of Appendix II of the Charter of the City of Macon relating to the City of Macon General Employee's Retirement System ("Retirement System"), the Retirement System's retirement committee is authorized to appoint agents to perform duties on the retirement committee's behalf; and
WHEREAS, pursuant to O.C.G.A. 47-1-3 (c), the City is authorized to utilize public funds where the Retirement System's funds are not adequate to pay the administrative costs of the Retirement System; and
WHEREAS, pursuant to O.C.G.A. 47-1-85, the assets of a public retirement system shall not be used for or diverted to purposes other than for the exclusive benefit of plan members and their designated beneficiaries and for paying reasonable expenses of the public retirement system; and
WHEREAS, pursuant to section (5) of Article VII of Appendix III of the Charter of the City of Macon relating to the Retirement System, the City is required, absent willful misconduct, to indemnify and hold each member of the Board harmless from the effects and consequences of their acts, omissions, and conduct; and
WHEREAS, pursuant to O.C.G.A. 47-20-10 and O.C.G.A. 47-20-20 (b), the City is required to make contributions to the Retirement System sufficient to assure the actuarial soundness of said system; and
WHEREAS, to ensure accountability for the expenditure of public funds and the assets of the Retirement System, the mayor and council find that it is in the best interests of the City to exercise its authority to set limits with respect to the compensation of agents selected to perform duties on the retirement committee's behalf.
NOW THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Macon, Georgia, and it is hereby so ordained by the authority of the same:

Section 1.

Article VIII of Appendix II of the Charter of the City of Macon, relating to the Macon Pensions and Retirement System, Division A, (1972 GA. Laws, Page 3152), is amended pursuant to the authority granted the City of Macon under the Georgia Public Retirement Systems Standards Act, O.C.G.A. Sec. 47-20-1, et seq., and the Municipal Home Rule Act of 1965, (1965 Ga. Laws, p. 298, et seq., as amended, O.C.G.A. Sec. 36-35-1, et seq.), by renumbering section 8.3 as section 8.4, by renumbering section 8.4 as section 8.5, and by

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4801

renumbering section 8.5 as section 8.6, and by adding a new section 8.3 set forth in italicized text as follows:

Sec. 8.3 Selection of agents.

(a) Pursuant to sub-section (i) of Sec. 8.2 above which authorizes the retirement committee to appoint agents to perform duties on the retirement committee's behalf, the board shall be required to enter into a written agreement with any agents selected to perform duties on the retirement committee's behalf. The retirement committee is hereby authorized to enter into and to sign a written agreement with an agent, without the approval of the city, provided that the agent certifies to the retirement committee in the written agreement that the agent does not reasonably expect the cost of its services to exceed Twenty Thousand Dollars ($20,000.00).

(b) An agreement with an agent whose services are reasonably expected to exceed Twenty Thousand Dollars ($20,000.00) or the continued engagement of any agent whose cost of services for the previous twelve months have exceeded Twenty Thousand Dollars ($20,000.00) without the approval of the city shall require the consent of the city by adoption of a resolution of mayor and council. As a condition of seeking approval from the city, the retirement committee shall demonstrate to mayor and council that it has made a competitive selection based upon relevant criteria established and published as part of the selection process.

(c) Any written agreement entered into by the retirement committee on or after November 1, 2012, which does not comply with the requirements of this section as set forth above shall be null and void.

Section 2.

The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared illegal by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.

Section 3.

In accordance with Municipal Home Rule Act of 1965, (1965 Ga. Laws, p. 298, et seq., as amended, O.C.G.A. Sec. 36-35-1, et seq.), it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Charter of the City of Macon, Georgia, and the sections of this Ordinance may be renumbered to accomplish such intention.

4802

MUNICIPAL HOME RULE ORDINANCES

Section 4.

All ordinances or parts thereof in conflict with this Ordinance are hereby repealed.

FIRST PASSAGE OF CHARTER AMENDMENT SO ORDAINED this 18th day of September, 2012.

s/ JAMES E. TIMLEY James E. Timley, President of City Council

SO APPROVED this 21st day of September, 2012.

s/ ROBERT A.B. REICHERT Robert A.B. Reichert, Mayor

SECOND PASSAGE OF CHARTER AMENDMENT SO ORDAINED this 2nd day of October, 2012.

s/ JAMES E. TIMLEY James E. Timley, President of City Council

SO APPROVED this 8th day of October, 2012.

s/ ROBERT A.B. REICHERT Robert A.B. Reichert, Mayor

City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 9-18-2012 Witness my hand and seal of the City of Macon this 9-19-2012

s/ JOYCE R. HUMPHREY Clerk of Council

SUBMITTED TO MAYOR'S OFFICE September 19, 2012 RETURNED FROM MAYOR'S OFFICE September 24, 2012 12:50PM

GEORGIA LAWS 2013 SESSION

4803

City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the City of Macon, held 10-2-2012 Witness my hand and seal of the City of Macon this 10-3-2012

s/ JOYCE R. HUMPHREY Clerk of Council

SUBMITTED TO MAYOR'S OFFICE October 3, 2012 RETURNED FROM MAYOR'S OFFICE October 8, 2012 5:40PM

STATE OF GEORGIA COUNTY OF BIBB

Personally appeared before me, a notary public within and for above state and county, Clero Wright, who deposes and says she is the classified/legal supervisor for The Macon Telegraph and is duly authorized by the publisher thereof to make this affidavit, and that advertisement as follows has been published in The Macon Telegraph on the following dates:

09/22/2012 09/29/2012 10/01/2012

2914078 # GEORGIA, BIBB COUNTY PUBLIC NOTICE -The City of Macon proposes to amend Appendix II of its Charter relating to the General Employees Retirement System so as to set limits on the compensation of agents selected to perform duties on behalf of the System's committee. The proposed Charter amendment is available for public inspection in the Office of the City Clerk and the Office of the Bibb County Superior Court Clerk. #2914078: 9/22,29; 10/1

SIGNED s/ CLERO WRIGHT

Sworn to and subscribed before me this 01 day of OCTOBER 2012

Notary Public s/ WENDY HOWARD [NOTARY SEAL]

4804

MUNICIPAL HOME RULE ORDINANCES

PUBLIC NOTICE

The City of Macon proposes to amend Appendix II of its Charter relating to the General Employees Retirement System so as to set limits on the compensation of agents selected to perform duties on behalf of the System's retirement committee. The proposed Charter amendment is available for public inspection in the Office of the City Clerk and the Office of the Bibb County Superior Court Clerk.

Filed in the Office of the Secretary of State January 28, 2013. __________

CITY OF LOGANVILLE MAYOR AND COUNCIL; MANNER OF FILLING VACANCIES.

CITY OF LOGANVILLE ORDINANCE NO.

AN ORDINANCE TO AMEND SECTION 2.12(a) OF THE CITY OF LOGANVILLE'S CHARTER TO REFERENCE THE GEORGIA CONSTITUTION; TO REPEAL CONFLICTING LAWS; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

WHEREAS, the Act to reincorporate and provide a new charter for the City of Loganville in the counties of Walton and Gwinnett which was approved March 24, 1988 (Ga. L. 1988, p. 4827) provides that the office of mayor or council member shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia, but it does not include a reference to the Georgia Constitution; and

WHEREAS, the Mayor and Council of the City of Loganville have determined that amending the charter to reference the Georgia Constitution is in the best interest of the citizens and elected officials of Loganville.

PURSUANT TO THE HOME RULE POWERS GRANTED TO THE CITY OF LOGANVILLE, THE COUNCIL OF THE CITY OF LOGANVILLE HEREBY ORDAINS

Section 1. That an Ordinance to amend Section 2.12(a) of the Charter will be considered at two regular consecutive meetings of the Council of the City of Loganville, Georgia, not less than seven nor more than sixty days apart.

GEORGIA LAWS 2013 SESSION

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Section 2. That the City is directed to place a notice complying with the requirements of O.C.G.A. 36-35-3 in the official organ of Walton County or in a newspaper of general circulation in the City of Loganville once a week for three weeks within a period of sixty days immediately preceding final adoption of the Charter amendment.

Section 3. That Subsection (a) of Section 2.12 of the City Charter is deleted in its entirety and replaced with the following:

Sec. 2-12 - Vacancy; filling of vacancies.

(a) The office of mayor or council member shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or by the Constitution or general laws of the State of Georgia.

Section 4. Should a court of competent jurisdiction deem any phrase, clause, sentence or section of this ordinance unconstitutional, such determination shall not affect the remaining provisions of this ordinance, which provisions shall remain in full force and effect.

Section 5. That the resolution approved by the Council for the City of Loganville on December 8, 2011, to request the passage of local legislation by the General Assembly of the state of Georgia amending the Charter of the City of Loganville to provide that the office of the mayor or any member of city council shall be declared vacant upon such member qualifying for another state, county, or municipal elective office or qualifying for the House of Representatives or the Senate of the United States if the term of the office for which such official is qualifying for begins more than thirty (30) days prior to the expiration of such official's present term of office, is hereby repealed.

Section 6. All ordinances or parts of ordinances in conflict with this ordinance are, to the extent of such conflict, hereby repealed.

Section 7. Section 4 of this Ordinance shall become effective as provided by O.C.G.A. 36-33-5. The remainder of this ordinance shall become effective on the date of its adoption.

This Ordinance is adopted this 10th day of February, 2012.

CITY OF LOGANVILLE

s/ RAY NUNLEY Ray Nunley, Mayor

4806

MUNICIPAL HOME RULE ORDINANCES

ATTEST:

s/ BILL JONES Bill Jones, City Manager

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF LOGANVILLE

Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Loganville (Ga. L. 1988, p. 4827, et seq, as amended), said Ordinance being captioned as follows:

AN ORDINANCE TO AMEND SECTION 2.12(a) OF THE CITY OF LOGANVILLE'S CHARTER TO REFERENCE THE GEORGIA CONSTITUTION; TO REPEAL CONFLICTING LAWS; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

This proposed amendment would state that the office of the mayor or council member shall become vacant in any manner authorized by the Constitution of the State of Georgia, in addition to the reasons currently listed.

A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Loganville and in the Office of the Clerk of the Superior Court of Walton County for the purpose of examination and inspection by the public.

This 10th day of February, 2012.

s/ KRISTI ASH Kristi Ash Deputy City Clerk City of Loganville

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF WALTON

Before the undersigned attesting officer in and for said State personally appeared Brian M. Arrington, who on oath deposes and says that s/he is the publisher of The Walton Tribune, the newspaper in which sheriff's advertisements appear for Walton County; and that the attached notice regarding the Ordinance to Amend Section 2.12(a) of the City of Loganville's

GEORGIA LAWS 2013 SESSION

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Charter regarding Administrative and Service Departments, was published in said newspaper on the following dates, to-wit: February 15, 22, and 29, 2012.

s/ Brian M. Arrington Publisher

Sworn to and subscribed before me this 9th day of January, 2013.

s/ KATHY B. STEPHENS Notary Public My Commission Expires:

[NOTARIAL SEAL]

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER
OF THE CITY OF LOGANVILLE

Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Loganville (Ga. L. 1988, p. 4827, et seq, as amended), said Ordinance being captioned as follows:

AN ORDINANCE TO AMEND SECTION 2.12(a) OF THE CITY OF LOGANVILLE'S CHARTER TO REFERENCE THE GEORGIA CONSTITUTION; TO REPEAL CONFLICTING LAWS; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

This proposed amendment would state that the office of the mayor or council member shall become vacant in any manner authorized by the Constitution of the State of Georgia, in addition to the reasons currently listed.

A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Loganville and in the Office of the Clerk of the Superior Court of Walton County for the purpose of examination and inspection by the public.

This 10th day of February, 2012.

4808

MUNICIPAL HOME RULE ORDINANCES

Bill Jones City Clerk City of Loganville

Filed in the office of the Secretary of State January 29, 2013. __________

CITY OF SNELLVILLE ) MAYOR AND COUNCIL; REMOVAL OF APPOINTED OFFICIALS.

STATE OF GEORGIA CITY OF SNELLVILLE

HRO 2013-04 City of Snellville Gwinnett County, Georgia

A HOME RULE ORDINANCE TO ADD 5.16 (c) TO THE CHARTER OF THE CITY OF SNELLVILLE, GEORGIA TO CLARIFY THE MAYOR AND CITY COUNCIL HAVE THE RIGHT TO TERMINATE AND REMOVE FROM OFFICE ANY APPOINTED OFFICIAL FROM OFFICE WITH OR WITHOUT CAUSE UPON THE AFFIRMATIVE VOTE OF FOUR MEMBERS OF THE CITY COUNCIL; TO CLARIFY THAT APPOINTED OFFICIALS OF THE CITY SERVE AT THE PLEASURE OF THE CITY COUNCIL; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

It is hereby ordained by the governing authority of the City of Snellville pursuant to the home rule provision of the Official Code of Georgia as follows:

1. Section 5.16 (c) of the Charter of the City of Snellville is hereby added to the exiting Section 5.16 to read as follows: (c) Appointed Officials of the City of Snellville shall serve at the pleasure of the mayor and city council and may be suspended, terminated or removed by a vote of four members of the city council.

3. All ordinances or parts of ordinances in conflict with this amendment are hereby repealed.

4. This ordinance shall be effective upon the date of its adoption set forth below.

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Adopted this 28th day of January, 2013.

________________________________ Kelly D. Kautz, Mayor

s/ TOM WITTS Tom Witts, Mayor Pro Tem

ATTEST: s/ MELISA ARNOLD Melisa Arnold, City Clerk

s/ DAVE EMANUEL Dave Emanuel, Council Member
s/ BOBBY HOWARD Bobby Howard, Council Member

APPROVED AS TO FORM: s/ ANTHONY O. L. POWELL Anthony O. L. Powell, City Attorney Webb, Tanner, Powell, Mertz,
& Wilson, LLP

s/ DIANE KRAUSE Diane Krause, Council Member
______________________________ Mike Sabbaugh, Council Member

CITY OF SNELLVILLE, GEORGIA, COUNTY OF GWINNETT

I, Melisa Arnold, City Clerk, and Custodian of the Official Records of the City of Snellville, do hereby certify that the within and foregoing is a true, complete, and correct copy of the original document as appears by the original on file and of record in the Office of the Clerk of the City of Snellville, Georgia consisting of 2 pages.

Witness my hand and seal of the City this 13th day of Feb, 2013.

s/ MELISA ARNOLD Melisa Arnold City Clerk and Custodian of the Official Records of the City of Snellville

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF GWINNETT
Personally appeared before the undersigned, a notary public within and for said county and state, J. K. Murphy, Publisher of the Gwinnett Daily Post, published at Lawrenceville,

4810

MUNICIPAL HOME RULE ORDINANCES

County of Gwinnett, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of Display Home Rule 5.16

was published in said newspaper on the following date (s):

January 27, 2013

J. K. MURPHY, PUBLISHER

s/ TODD CLINE By: Todd Cline Editor

Sworn to and subscribed before me this 30 day of January , 2013.

s/ TINA L. PARTRIDGE TINA L. PARTRIDGE Notary Public My commission expires JUNE 23, 2015

PUBLIC NOTICE

The City Council of the City of Snellville will have the first reading pursuant to Section 2.22 of the City of Snellville Charter and first adoption pursuant to O. C. G.A. O. C. G.A. 36-35-3(b)(1) of an ordinance to amend its Charter at 7:30 p.m. on Monday, January 14, 2013, with the second reading and adoption at 7:30 p.m. on Monday, January 28, 2013, in the Council Chambers, located at 2342 Oak Road, Snellville, Georgia 30078.

A synopsis of the proposed amendment is as follows:

A Home Rule Ordinance to add Section 5.16(c) to the Charter of the City of Snellville, Georgia to clarify the Mayor and City Council have the Right to Terminate and Remove from Office any Appointed Official with or without Cause upon the Affirmative Vote of Four Members of the City Council; to Clarify that Appointed Officials of the City Serve at the Pleasure of the City Council; to Repeal Conflicting Ordinances; to Provide for an Effective Date; and for Other Purposes.

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A copy of the proposed amendment is on file in the office of the City Clerk of the City of Snellville and on file in the office of the Clerk of the Superior Court of Gwinnett County for the purpose of examination and inspection by the public.

Melisa Arnold, City Clerk City of Snellville, Georgia

Filed in the Office of the Secretary of State February 15, 2013. __________

CITY OF SNELLVILLE MAYOR AND COUNCIL; CANDIDATES FOR BOARDS, COMMISSIONS, AND AUTHORITIES.

STATE OF GEORGIA CITY OF SNELLVILLE

HRO 2013-03 City of Snellville Gwinnett County, Georgia

A HOME RULE ORDINANCE TO AMEND 3.11 OF THE CHARTER OF THE CITY OF SNELLVILLE TO CLARIFY THE MAYOR AND COUNCIL'S ABILITY TO NOMINATE CANDIDATES FOR BOARDS, COMMISSIONS, AND AUTHORITIES WITH CONFIRMATION BY THE MAYOR AND COUNCIL; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

It is hereby ordained by the governing authority of the City of Snellville;

1. Section 3.11 of the Charter of the City of Snellville, which currently reads as follows:

Section 3.11. Boards, commissions, and authorities.

(a) [Creation; establishment of composition, existence, duties, etc.] 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) [Members appointed and confirmed.] All members of boards, commissions, and authorities of the city shall be appointed by the mayor with the confirmation of the city

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MUNICIPAL HOME RULE ORDINANCES

council for such terms of office and in such manner as shall be provided by ordinance, except where other appoint authority, terms of office, or manner of appointment is prescribed by this Charter or by law.
(c) [Compensation.] The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.
(g) [Removal.] All members of a board, commission, or authority shall serve at will and may be removed from office by a vote of three members of the city council unless otherwise approved by law.

Shall be amended to read as follows:

Section 3.11. Boards, commissions, and authorities.

(a) [Creation; establishment of composition, existence, duties, etc.] 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) [Members appointed and confirmed.] All members of boards, commissions, and authorities of the city shall be appointed by the mayor with the confirmation of the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appoint authority, terms of office, or manner of appointment is prescribed by this Charter or by law.
(c) [Compensation.] The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.
(g) [Removal.] All members of a board, commission, or authority shall serve at will and may be removed from office by a vote of three members of the city council unless otherwise approved by law. Upon expiration of term of office, a member will continue to serve until a replacement is nominated and confirmed by the city council as specified in paragraph (b) of this section.

3. All ordinances or parts of ordinances in conflict with this amendment are hereby repealed

4. This ordinance shall be effective upon the date of its adoption set forth below.

Adopted this 28th day of January, 2013.

s/ KELLY D. KAUTZ Kelly D. Kautz, Mayor

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4813

s/ TOM WITTS Tom Witts, Mayor Pro Tem

ATTEST: s/ MELISA ARNOLD Melisa Arnold, City Clerk

s/ DAVE EMANUEL Dave Emanuel, Council Member
s/ BOBBY HOWARD Bobby Howard, Council Member

APPROVED AS TO FORM: s/ ANTHONY O. L. POWELL Anthony O. L. Powell, City Attorney Webb, Tanner, Powell, Mertz
& Wilson, LLP

s/ DIANE KRAUSE Diane Krause, Council Member
Mike Sabbagh, Council Member

CITY OF SNELLVILLE, GEORGIA, COUNTY OF GWINNETT I, Melisa Arnold, City Clerk, and Custodian of the Official Records of the City of Snellville, do hereby certify that the within and foregoing is a true, complete, and correct copy of the original document as appears by the original on file and of record in the Office of the Clerk of the City of Snellville, Georgia consisting of 3 pages.

Witness my hand and seal of the City this 13th day of Feb. 2013.

s/ MELISA ARNOLD Melisa Arnold City Clerk and Custodian of the Official Records of the City of Snellville

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF GWINNETT

Personally appeared before the undersigned, a notary public within and for said county and state, J. K. Murphy, Publisher of the Gwinnett Daily Post, published at Lawrenceville, County of Gwinnett, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of

Display Home Rule 3.11

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MUNICIPAL HOME RULE ORDINANCES

was published in said newspaper on the following date (s):

January 27, 2013

J. K. MURPHY, PUBLISHER

s/ TODD CLINE By: Todd Cine Editor

Sworn to and subscribed before me this 30 day of January , 2013.

s/ TINA L. PARTRIDGE Tina L. Partridge Notary Public My commission expires JUNE 23, 2015

PUBLIC NOTICE

The City Council of the City of Snellville will have the first reading pursuant to Section 2.22 of the City of Snellville Charter and first adoption pursuant to O.C.G.A. O.C.G.A. 36-35-3(b)(1) of an ordinance to amend its Charter at 7:30 p.m. on Monday, January 14, 2013, with the second reading and adoption at 7:30 p.m. on Monday, January 28, 2013, in the Council Chambers, located at 2342 Oak Road, Snellville, Georgia 30078.

A synopsis of the proposed amendment is as follows:

A Home Rule Ordinance to Amend 3.11 of the Charter of the City of Snellville to Clarify the Mayor and Council's Ability to Nominate Candidates for Boards, Commissions, and Authorities with Confirmation by the Mayor and Council; to Provide that Members of Boards, Commissions and Authorities Serve Until Their Successors are Duly Appointed or Elected; to Repeal Conflicting Ordinances; to Provide for An Effective Date; and for Other Purposes.

A copy of the proposed amendment is on file in the office of the City Clerk of the City of Snellville and on file in the office of the Clerk of the Superior Court of Gwinnett County for the purpose of examination and inspection by the public.

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4815

Melisa Arnold, City Clerk City of Snellville, Georgia

Filed in the Office of the Secretary of State February 15, 2013.

__________

CITY OF SNELLVILLE MAYOR; POWER TO FILL VACANT POSITIONS.

STATE OF GEORGIA CITY OF SNELLVILLE

HRO 2013-02 City of Snellville Gwinnett County, Georgia

A HOME RULE ORDINANCE TO ADD 2.31 TO THE CHARTER OF THE CITY OF SNELLVILLE, GEORGIA TO CLARIFY THE MAYOR AND CITY COUNCIL HAVE THE RIGHT TO NOMINATE, APPOINT, OR DESIGNATE A QUALIFIED PERSON TO FILL A VACANT POSITION IN THE EVENT VACANT POSITION IS NOT FILLED; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

It is hereby ordained by the governing authority of the City of Snellville;

1. Section 2.31 of the Charter of the City of Snellville is hereby added to the Charter of the City of Snellville, Georgia to read as follows:

Section 2.31 - Power to Nominate, Appoint or Designate an Office or Position.

Notwithstanding any other provision of this Charter, if a position of any type with the City remains vacant for a period of longer than 60 days, the City Council shall have the authority to appoint and confirm by majority vote a qualified and eligible person to fill the vacant position.

2. This Section shall not apply to hiring, nominations, appointments or designations assigned by this Charter or the City Code to the City Manager or Department Directors.

3. All ordinances or parts of ordinances in conflict with this amendment are hereby repealed.

4816

MUNICIPAL HOME RULE ORDINANCES

4. This ordinance shall be effective upon the date of its adoption set forth below.

Adopted this 28th day of January, 2013.

Kelly D. Kautz, Mayor

s/ TOM WITTS Tom Witts, Mayor Pro Tem

s/ DAVE EMANUEL Dave Emanuel, Council Member

s/ MELISA ARNOLD Melisa Arnold, City Clerk

s/ BOBBY HOWARD Bobby Howard, Council Member

APPROVED AS TO FORM:

s/ DIANE KRAUSE Diane Krause, Council Member

s/ ANTHONY O. L. POWELL Anthony O. L. Powell, City Attorney Webb, Tanner, Powell, Mertz
& Wilson, LLP

Mike Sabbagh, Council Member

CITY OF SNELLVILLE, GEORGIA, COUNTY OF GWINNETT

I, Melisa Arnold, City Clerk, and Custodian of the Official Records of the City of Snellville, do hereby certify that the within and foregoing is a true, complete, and correct copy of the original document as appears by the original on file and of record in the Office of the Clerk of the City of Snellville, Georgia consisting of 2 pages.

Witness my hand and seal of the City this 13th day of Feb. 2013.

s/ MELISA ARNOLD Melisa Arnold City Clerk and Custodian of the Official Records of the City of Snellville

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4817

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF GWINNETT

Personally appeared before the undersigned, a notary public within and for said county and state, J. K. Murphy, Publisher of the Gwinnett Daily Post, published at Lawrenceville, County of Gwinnett, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of

Display Home Rule 2.31

was published in said newspaper on the following date (s):

January 27, 2013

J. K. MURPHY, PUBLISHER

s/ TODD CLINE By: Todd Cline Editor

Sworn to and subscribed before me this 30 day of January, 2013.

s/ TINA L. PARTRIDGE TINA L. PARTRIDGE Notary Public My commission expires JUNE 23, 2015

PUBLIC NOTICE

The City Council of the City of Snellville will have the first reading pursuant to Section 2.22 of the City of Snellville Charter and first adoption pursuant to O.C.G.A. O.C.G.A. 36-35-3(b)(1) of an ordinance to amend its Charter at 7:30 p.m. on Monday, January 14, 2013, with the second reading and adoption at 7:30 p.m. on Monday, January 28, 2013, in the Council Chambers, located at 2342 Oak Road, Snellville, Georgia 30078. A synopsis of the proposed amendment is as follows:

A Home Rule Ordinance to add 2.31 to the Charter of the City of Snellville, Georgia is to Clarify the Mayor and City Council Have the Right to Nominate, Appoint, or Designate a

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MUNICIPAL HOME RULE ORDINANCES

Qualified Person to Fill a Vacant Position in the Event the Vacant Position is Not Filled Within a Period of 60 Days; to Repeal Conflicting Ordinances; to Provide for an Effective Date; and for Other Purposes.

A copy of the proposed amendment is on file in the office of the City Clerk of the City of Snellville and on file in the office of the Clerk of the Superior Court of Gwinnett County for the purpose of examination and inspection by the public.

Melisa Arnold, City Clerk City of Snellville, Georgia

Filed in the Office of the Secretary of State February 15, 2013.

__________

CITY OF MADISON MAYOR AND COUNCIL; EFFECT OF ABSTENTION.

Home Rule Madison Charter Amendment Ordinances

Amendment to the Madison Charter Revising Impact of Abstention

WHEREAS, the Madison Charter may be amended by the Mayor and Council by the Home Rule Amendment process; and

WHEREAS, Per Georgia Code 36-35-3(b) (1) a municipal corporation may, as an incident of its home rule power, amend its charter by ordinances duly adopted at two regular consecutive meetings of the municipal governing authority, not less than seven nor more than 60 days apart.

WHEREAS, the Mayor and Council find that the following amendment promotes the health, safety, morals, convenience, order, prosperity and general welfare of the City;

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council that the Charter is hereby amended as follows:

1. Section III-F of the City Charter, entitled "Mayor's duties", is amended as follows: The Mayor and Council are updating the abstention provision to eliminate the provision that an abstention is treated as a negative vote, and to now provide as follows: "An abstention, meaning a decision (by the individual entitled to vote) to voluntarily refrain from the vote,

GEORGIA LAWS 2013 SESSION

4819

shall be treated as if the person was absent, and shall not be construed as either a positive or a negative vote."

2. A copy of the proposed charter amendment has been on file in the office of the city clerk of the City of Madison, City Hall, 132 North Main Street, Madison, Georgia 30650, and also in the office of the clerk of the superior court of Morgan County for the purpose of examination and inspection by the public. The city clerk agreed to furnish anyone, upon written request, a copy of the proposed amendment.

3. A notice containing a synopsis of this proposed amendment was published once a week for three weeks within a period of 60 days immediately preceding its final adoption on February 11, 2013.

4. Public hearings were held on the proposed amendment, and the public did appear and were allowed to be heard at the council meetings on January 14, 2013 and February 11, 2013.

5. All code sections, ordinances, resolutions, or parts thereof in conflict herewith are repealed.

6. This Amendment shall become effective upon adoption.

7. This Amendment is severable, and if any section, subsection, paragraph, clause or provision of this Amendment shall be adjudged invalid or held unconstitutional, such decision shall not affect the remaining portions of this Amendment.

8. ADOPTED AND APPROVED by the Mayor and Council on February 11, 2013 after public hearings were held on the proposed amendment on January 14, 2013 and February 11, 2013.

CITY OF MADISON, GEORGIA [SEAL]

By: s/ BRUCE E. GILBERT Bruce E. Gilbert, Mayor

s/ FRED PERRIMAN Fred Perriman, Mayor Pro Tempore

s/ RICK BLANTON Rick Blanton, Council Member

4820

MUNICIPAL HOME RULE ORDINANCES

s/ LOWRY W. HUNT, JR. Lowry W. Hunt, Jr., Council Member

s/ MICHAEL J. NAPLES Michael J. Naples, Council Member

s/ JOSEPH V. DILETTO Joseph V. DiLetto, Council Member

Attest: s/ MELLIE ANN THOMAS Mellie Ann Thomas, City Clerk

Public Notice of Home Rule Madison Charter Amendment Revising Impact of Abstention

Per Georgia Code 36-35-3 (b) (1) a municipal corporation may, as an incident of its home rule power, amend its charter by ordinances duly adopted at two regular consecutive meetings of the municipal governing authority, not less than seven nor more than 60 days apart. The two meetings at which the Charter Amendment for regulations revision shall be adopted are January 14, 2013 and February 11, 2013. This notice containing a synopsis of the proposed amendment is being published once a week for three weeks within a period of 60 days immediately preceding its final adoption on February 11, 2013.

The synopsis of the proposed amendment to Section III-F of the City Charter, entitled "Mayor's duties", is as follows: The Mayor and Council are updating the abstention provision to eliminate the provision that an abstention is treated as a negative vote, and to provide as follows: "An abstention, meaning a decision (by the individual entitled to vote) to voluntarily refrain from the vote, shall be treated as if the person was absent, and shall not be construed as either a positive or a negative vote."

A copy of the proposed charter amendment is on file in the office of the city clerk of the City of Madison and is also in the office of the clerk of the superior court of Morgan County for the purpose of examination and inspection by the public. The city clerk shall furnish anyone, upon written request, a copy of the proposed amendment. Public hearings will be held on the proposed amendment, and the public can appear and be heard at the council meetings on January 14, 2013 and February 11, 2013, both at 5:30 p.m. at the normal meeting place which is the Municipal Public Works building behind Lowes off Lions Club road, address of 1501 Fairgrounds Road. The proposed amendment can be examined during normal business hours at City Hall, 132 North Main Street, Madison, Georgia 30650.

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CITY OF MADISON

[SEAL]

By: s/ BRUCE E. GILBERT Bruce E. Gilbert, Mayor

Attest: s/ MELLIE ANN THOMAS Mellie Ann Thomas, City Clerk

AFFIDAVIT OF PUBLICATION

STATE OF GEORGIA COUNTY OF MORGAN

The following attached legal advertisement numbered HOME RULE Appeared in the Morgan County Citizen, official Legal Organ of Morgan County.

The above-mentioned legal advertisement appeared on the following date(s): 1-10-13, 1-24-13, 1-31-13, and 2-7-13.

Sworn to and subscribed before me this 7 day of Feb, 2013.

s/ MONARAY G. POWERS Notary Public My Commission Expire:

[Notary seal]

PUBLIC NOTICE OF HOME RULE MADISON CHARTER AMENDMENT REVISING IMPACT OF ABSTENTION

Per Georgia Code 36-35-3 (b) (1) a municipal corporation may, as an incident of its home rule power, amend its charter by ordinances duly adopted at two regular consecutive meetings of the municipal governing authority, not less than seven nor more than 60 days apart. The two meetings at which the Charter Amendment for regulations revision shall be adopted are January 14, 2013 and February 11, 2013. This notice containing a synopsis of the proposed amendment is being published once a week for three weeks within a period of 60 days immediately preceding its final adoption on February 11, 2013.
The synopsis of the proposed amendment to Section III-F of the City Charter, entitled "Mayor's duties", is as follows: The Mayor and Council are updating the abstention provision

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MUNICIPAL HOME RULE ORDINANCES

to eliminate the provision that an abstention is treated as a negative vote, and to provide as follows: "An abstention, meaning a decision (by the individual entitled to vote) to voluntarily refrain from the vote, shall be treated as if the person was absent, and shall not be construed as either a positive or a negative vote."
A copy of the proposed charter amendment is on file in the office of the city clerk of the City of Madison and is also in the office of the clerk of the superior court of Morgan County for the purpose of examination and inspection by the public. The city clerk shall furnish anyone, upon written request, a copy of the proposed amendment. Public hearings will be held on the proposed amendment, and the public can appear and be heard at the council meetings on January 14, 2013 and February 11, 2013, both at 5:30 p.m. at the normal meeting place which is the Municipal Public Works building behind Lowes off Lions Club road, address of 1501 Fairgrounds Road. The proposed amendment can be examined during normal business hours at City Hall, 132 North Main Street, Madison, Georgia 30650.

CITY OF MADISON

By: __________________________________ Bruce E. Gilbert, Mayor

Attest: _______________________________ Mellie Ann Thomas, City Clerk

Filed in the Office of the Secretary of State February 21, 2013. __________

CITY OF PELHAM ) CITY COUNCIL; REDISTRICTING.

AN ORDINANCE OF THE CITY OF PELHAM ADOPTED PURSUANT TO THE PROVISIONS OF O.C.G.A. SECTION 36-35-4.1 REAPPORTIONING THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE GOVERNING AUTHORITY FO THE CITY OF PELHAM ARE ELECTED; PROVIDING AN EFFECTIVE DATE; REPEALING PRIOR ORDINANCES AND CHARTER PROVISIONS IN CONFLICT; AND FOR OTHER PURPOSES.

WHEREAS Federal and State law require the reapportionment of the election districts from which the members of the governing authorities of the municipalities of the State of Georgia are elected to reflect demographic changes shown by the Federal census of 2010;

WHEREAS the Municipal Home Rule Act of 1945, O.C.G.A. Sec. 36-35-4.1, authorizes municipalities to reapportion its election districts, using the procedures provided by Sections 36-35-1 et seq. of the Act;

GEORGIA LAWS 2013 SESSION

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WHEREAS pursuant thereto the Mayor and Council of the City of Pelham have prepared a plan (the Plan), a copy of which is attached to this ordinance as Exhibit A and incorporated herein as fully as if set forth verbatim;

WHEREAS pursuant to the requirements of O.C.G.A. sections 36-35-1 et seq. public notice of the proposed adoption of the Plan was published in compliance with the requirements of the statute, a copy of which notice and the affidavit of the publisher evidencing publication are attached hereto as exhibit B.

NOW, THEREFORE BE IT ORDAINED by the Mayor and Council of the City of Pelham, and it is hereby ordained by authority of same:

SECTION 1. The reapportionment plan (the Plan), a copy of which is on file with the clerk of the City of Pelham, and a copy of which is attached to this ordinance as Exhibit A, is hereby adopted.

SECTION 2. Upon final adoption of this ordinance the city attorney for the City of Pelham is authorized and instructed to submit the ordinance and the Plan to the United States Attorney General for preclearance.

SECTION 3. This ordinance and the Plan shall become effective immediately upon its preclearance by the United States Attorney General or upon the failure of the Attorney General to take timely action thereon within sixty days after submission.

SECTION 4. The city clerk is directed to file, immediately upon the effective date of this ordinance as provided in the foregoing Section 3, a copy of this ordinance and Plan and the city clerk is directed the attachments thereto, and the letter of preclearance, if any from the United States Attorney General, with the Secretary of State of the State of Georgia and with the Clerk of the Superior Court for Mitchell County, Georgia, in compliance with the requirements of O.C.G.A. Section 36-35-5.

SECTION 5. All ordinances and parts thereof in conflict herewith are repealed.

SO ORDAINED THIS 19th day of November, 2012

CITY OF PELHAM

s/ STEVEN W. TURNER Steven W. Turner, Mayor

4824

MUNICIPAL HOME RULE ORDINANCES

AUTHENTICATED: This 19th Day of November, 2012

s/ LISA AUSTIN Lisa Austin, City Clerk

First Reading October 15, 2012

Second Reading and Adoption November 19, 2012

Sponsored by Council Member Winfred L. Parker

Dated this 19th day of November 2012.

[SEAL]

s/ LISA AUSTIN LISA D. AUSTIN NOTARY PUBLIC Mitchell County State of Georgia My Comm Expires July 08, 2013

PUBLIC NOTICE ADOPTION OF REAPPORTIONMENT PLAN
Notice if given that, in compliance with the requirements of Federal and State law that election districts be reapportioned to reflect the results of the United States census of 2010, the City Council of the City of Pelham proposes to adopt a plan reapportioning the election districts from which the members of the governing authorities of the City of Pelham are elected. Copies of the reapportionment plan are on file in the office of the city clerk and the Clerk of the Superior Court for Mitchell County for the purpose of the examination and inspection by the public.
The City of Pelham, Georgia
By s/ STEVEN W. TURNER Steven W. Turner, Mayor

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4825

November 19, 2012 [SEAL]

Dated this 19th day of November 2012.

s/ LISA AUSTIN LISA D. AUSTIN NOTARY PUBLIC Mitchell County State of Georgia My Comm Expires July 08, 2013

[MAP]

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF MITCHELL

Personally appeared before me, the undersigned Reginald D. Garrard, who, having been duly sworn, on oath that he is the publisher of The Camilla Enterprise, the official organ of Mitchell County and Baker County, and that the Legal Advertisement PUBLIC NOTICE / ADOPTION OF REAPPORTIONMENT PLAN was published in The Pelham Journal on the following dates:

November 21, 2012

s/ REGINALD D. GARRARD Reginald D. Garrard, Publisher

Sworn to and subscribed before me this 29th day of January, 2013

s/ ELSIE V. DOSS NOTARY PUBLIC, State of Georgia Notary Public, Mitchell County, Georgia My Commission Expires October 21, 2013

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MUNICIPAL HOME RULE ORDINANCES

PUBLIC NOTICE ADOPTION OF REAPPORTIONMENT PLAN

Notice if given that, in compliance with the requirements of Federal and State law that election districts be reapportioned to reflect the results of the United States census of 2010, the City Council of the City of Pelham proposes to adopt a plan reapportioning the election districts from which the members of the governing authorities of the City of Pelham are elected. Copies of the reapportionment plan are on file in the office of the city clerk and the Clerk of the Superior Court for Mitchell County for the purpose of the examination and inspection by the public.

The City of Pelham, Georgia By: Steven W. Turner, Mayor

Filed in the Office of the Secretary of State March 1, 2013. __________

CITY OF GRAY CITY COUNCIL; REDISTRICTING.

12-O-009

1st Reading 11/05/12 1st Adoption 12/03/2012 2nd Adoption 01/07/2013

AN ORDINANCE OF THE CITY OF GRAY, GEORGIA AMENDING SECTION 4(d) OF THE CHARTER OF THE CITY OF GRAY AS SET FORTH IN AN ACT OF THE GENERAL ASSEMBLY OF GEORGIA, APPROVED AUGUST 22, 1911 (GA. LAWS 1911, P. 1267, ET. SEQ.) AS AMENDED PARTICULARLY BY AN ACT APPROVED FEBRUARY 20, 1945 (GA. LAWS 1945, P. 696, ET. SEQ.), AS AMENDED, PURSUANT TO AUTHORITY GRANTED THE CITY OF GRAY UNDER THE MUNICIPAL HOME RULE ACT OF 1965 (1965 GA. LAWS, P. 298, ET. SEQ.) TO REAPPORTION THE COUNCIL DISTRICTS FROM WHICH CERTAIN COUNCIL MEMBERS ARE ELECTED, AND FOR OTHER PURPOSES.

WHEREAS, the Official Code of Georgia Annotated 36-35-4.1 authorizes the governing authority of city governments to reapportion election districts after a United States decennial census under the provisions of Georgia's "home rule" statute O.C.G.A. 36-35-3; and

WHEREAS, City Council Posts 1, 2, 3 and 4 are elected as set forth in the Gray City Charter Section 4(d), which Section must be amended to comply with the one person-one vote requirement of the United States Constitution and other applicable laws.

GEORGIA LAWS 2013 SESSION

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NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Gray, Georgia and it is hereby so ordained by the authority of same, pursuant to the authority granted the City of Gray under the Municipal Home Rule Act of 1965 (1965 Ga. Laws, p. 298, et seq., as amended, O.C.G.A. 36-35-3, et seq.) as follows:

1. Section 4(d) is hereby amended by deleting said Section 4(d) in its entirety and substituting in lieu thereof a new Section 4(d) to read as follows:

(d) For purposes of electing the aldermen from Posts No. l through 4, the City of Gray is divided into four districts as follows:

District One:

Tract: 030301 Blocks:
1059 2025 1060 2026 1077 2027 1078 2030 2019 2031 2022 2048 2024 2049

2050 2051 2052 2071 2083 2084 2090

2092 2093 2099 2100 2101 2109 2114

2120 2121 2123 2124 2131 2132

That part of Block 2013 which lies within the corporate limits of the City of Gray as they existed on November 21, 2011.

District Two:

Tract: 030301 Blocks:
1003 1016 1004 1017 1005 1018 1009 1019 1012 1020 1015 1021

1022 1026 1027 1048 1049 1050

1051 1057 1058 1061 1062 1063

1064 1065 1076 2138

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MUNICIPAL HOME RULE ORDINANCES

District Three:

Tract: 030301 Blocks:
1052 1072 2046 1054 2039 2047 1066 2040 2053 1067 2041 2054 1068 2042 2055 1069 2043 2056 1070 2044 2057 1071 2045 2059

2064 2065 2066 2067 2068 2069 2070 2072

2073 2076 2133 2134

That part of Block 2078 which lies within the corporate limits of the City of Gray as they existed on November 21, 2011.

District Four:

Tract: 030301 Blocks:
1023 1041 1024 1044 1025 1045 1028 1046 1030 1047 1031 1053 1033 1073 1034 1075 1035 1080 1036 1037 1038

2.

If any ordinance, or part thereof, of the City of Gray is in conflict herewith, this ordinance shall have preference. If any provisions of this ordinance are held invalid, such invalidity shall not affect any of the other provisions which can be given effect without the invalid provision, and, to this end, the provisions of this ordinance are declared to be severable.

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3. This Ordinance shall be effective upon pre-clearance by the United States Department of Justice under the provisions of the Voting Rights Act of 1965, as amended.

ADOPTED by the Mayor and Council of the City of Gray, this 3rd day of December, 2012.

MAYOR: s/ LORETTA LIPSEY Pro-Tem

ATTEST: s/ CINDY YANCEY City Clerk

s/ TERRELL FULFORD Council Member

s/ DAVID TUFTS Council Member

s/ BENNY GRAY, JR. Council Member

Council Member

Council Member
ADOPTED by the Mayor and Council of the City of Gray, this 7th day of January, 2013.
MAYOR: s/ GUS WILSON
ATTEST: s/ CINDY YANCEY City Clerk
s/ TERRELL FULFORD Council Member
s/ LORETTA LIPSEY Council Member

4830

MUNICIPAL HOME RULE ORDINANCES
s/ BENNY GRAY, JR. Council Member
s/ DAVID TUFTS Council Member

Council Member
This is to certify that the attached Ordinance No. 12-O-009 is a true and correct copy of an Ordinance of the City of Gray, Georgia amending Section 4(d) of the Charter of the City of Gray adopted on December 3, 2012 and January 7, 2013.
This 9th day of January, 2013.
s/ CINDY YANCEY Cindy Yancey, City Clerk
Affidavit of Publication
I, Josh Lurie, Publisher of The Jones County News, do certify publication of Public Notice, Adoption of an ordinance to amend Section 4(d) of the charter of the City of Gray, filed legal ad in said newspaper, the official organ of Jones County, Georgia on these dates: November 29, December 6, and 13, 2012.
s/ JOSH W. LURIE Josh W. Lurie Publisher
Sworn to and subscribed to me this January 4, 2013
s/ JENNIFER B. GIBSON Jennifer B. Gibson Notary Public [SEAL]
PUBLIC NOTICE
In accordance with the procedure set forth in the Municipal Home Rule Act, O.C.G.A. 36-35-1, et seq., notice is hereby given that the Mayor and Council of the City of Gray will

GEORGIA LAWS 2013 SESSION

4831

consider, during the months of December, 2012 and January, 2013, the adoption of an ordinance to amend Section 4(d) of the Charter of the City of Gray so as to reapportion the districts from which Council Members Post 1 through 4 are elected. Copies of the proposed amendment are on file in the Office of the Clerk of the City of Gray and in the Office of the Jones County Superior Court Clerk.

Joan W. Harris, City Attorney City of Gray

Filed in the Office of the Secretary of State March 12, 2013. __________

CITY OF WEST POINT ELECTION OF CERTAIN CITY OFFICERS.

13-

AN ORDINANCE

AN ORDINANCE BY THE MAYOR AND COUNCIL FOR THE CITY OF WEST POINT, GEORGIA, TO AMEND THE CHARTER OF THE CITY; TO AMEND THE CHARTER SO AS TO MODIFY THOSE CITY OFFICERS TO BE ELECTED ON AN ANNUAL BASIS; TO REPEAL CONFLICTING PROVISIONS; TO FIX AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

BE IT ORDAINED BY THE CITY COUNCIL OF WEST POINT, AS FOLLOWS:

SECTION 1:

That the Charter of the City of West Point, Georgia, be amended by deleting therefrom Section 14, regarding election of officers, in its entirety, inserting in lieu thereof a new Section 14 to read as follows:

"Sec. 14. Election of city officers.

At the first regular meeting of the mayor and council of said city in January of each year, they shall elect a municipal court judge, a recorder pro tempore, and a city attorney. 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."

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MUNICIPAL HOME RULE ORDINANCES

SECTION 2:

All provisions of the Chart of the City of West Point in conflict herewith are hereby repealed.

SECTION 3:

This Charter amendment, after adoption by the Council and upon approval by the Mayor, shall be come 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 Section 36-35-5.

INTRODUCED AND FIRST READING 2/11/13 SECOND READING AND ADOPTED 3/11/13

BY: s/ A. DREW FURGUSON IV Mayor

ATTEST: s/ RICHARD MCCOY City Clerk

State of Alabama Chambers County

Post-Publication Affidavit of Legal Notice

Before me, a notary public in and for the county and state above listed, personally appeared Cy Wood, who, by me duly sworn, deposes and says that:

My name is Cy Wood, I am the Publisher of The Valley Times-News.

The Newspaper published the attached legal notice(s) in the issue(s) of: 2/22, 3/1, 8 2013 (dates of publication). The sum charged for publication was $238.80. The sum charged by the Newspaper for said publication does not exceed the lowest classified rate paid by commercial customers for an advertisement of similar size and frequency in the same newspaper(s) in which the public notice(s) appeared.

There are no agreements between the Newspaper and the officer or attorney charged with the duty of placing the attached legal advertising notices whereby any advantage, gain or profit accrued to said officer or attorney."

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4833

s/ CY WOOD AFFIANT

Sworn and subscribed this 18 day of March, 2013.

s/ CHARLOTTE C BROOKS Notary Public My Commission Expires March 10, 2016

NOTICE OF INTENT TO AMEND CHARTER OF THE CITY OF WEST POINT

Notice is hereby given that the Mayor and Council of the City of West Point, Georgia, have proposed and will consider an amendment to the City Charter providing that the offices of city clerk, city treasurer, city physician, city engineer and city sexton are no longer annual appointments of the City. A copy of the proposed amendment is on file in the Office of Richard McCoy, West Point City Clerk, and in the Office of Jackie W. Taylor, Clerk of the Superior Court of Troup County, Georgia, for the purpose of examination and inspection by the public.

This 30th day of January, 2013.

Jeffrey M. Todd, West Point City Attorney LEWIS, TAYLOR & TODD, P.C. 205 N. Lewis Street, Suite 3 P.O. BOX 1027 LaGrange, Georgia 30241

Filed in the Office of the Secretary of State March 25, 2013. __________

CITY OF WINDER MUNICIPAL COURT; QUALIFICATIONS OF JUDGE; FINES.

W-4-13

ON ORDINANCE TO AMEND THE CHARTER OF THE CITY OF WINDER TO DESIGNATE THE RECORDER'S COURT AS THE MUNICIPAL COURT, TO PROVIDE FOR THE QUALIFICATIONS OF THE MUNICIPAL COURT JUDGE, TO PROVIDE FOR FINES AND FOR OTHER PURPOSES

4834

MUNICIPAL HOME RULE ORDINANCES

WHEREAS, O.C.G.A. 36-35-3 provides that the City Council may amend the Municipal Charter of the City of Winder by ordinance;

NOW THEREFORE it is hereby ordained that the Charter of the City of Winder, Georgia is hereby amended by deleting Sections 6-1, 6-2, 6-3, 6-4, 6-5 and 6-6, and inserting in lieu thereof new Sections to read as follows:

Sec. 6-1 Creation.

There is hereby established a Court to be known as the Municipal Court, City of Winder, which shall have jurisdiction and authority to try offenses against laws and ordinances of said City and to punish for a violation of the same. Such Court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance, and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said Court, to go or move beyond the reach of the process of the Court; to try all offenses with the territorial limits of the City constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal of police Courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof; to establish bail and recognizances to insure the presence of those charged with violations and to prescribe the condition of forfeiture of the same; and to administer oaths and to perform all other acts necessary and proper to the conduct of said Court. The presiding officer of such Court shall be known as the Municipal Court Judge. Said Municipal Court Judge shall be appointed by the Mayor and Council. Said Court shall be convened at such times as designated by the City Council or at such times as deemed necessary by the Council to keep current the dockets thereof. The Court shall sit at a place designated by the mMyor and Council.

Sec. 6-2 Qualifications for Judge.

(1) No person shall be qualified or eligible to serve as Municipal Court Judge unless he shall have attained the age of twenty-one (21) years and shall not have been convicted of a crime involving moral turpitude. The Municipal Court Judge in office on the effective date of this act shall continue in office for the duration of his term and until the appointment and qualification of his successor. Such Municipal Court Judge may be reappointed annually by the Mayor and Council. The compensation of the Judge shall be fixed by the mayor and Council. (2) The mayor and Council may appoint a Municipal Court Judge pro tem to serve in the absence of the Municipal Court Judge. Said Municipal Court Judge pro tem shall have the same qualifications as the Judge.

GEORGIA LAWS 2013 SESSION

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(3) Before entering on the duties of his office, the Municipal Court Judge or Municipal Court Judge pro tem shall take an oath before an officer duly authorized to administer oaths in this State, that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality. This oath shall be entered upon the minutes of the meeting of the Mayor and Council.

Sec. 6-3 Jurisdiction.

The Municipal Court Judge shall have power to impose fines, costs and forfeitures for the violation of any law or ordinance of the City. Said Municipal Court Judge shall have the authority to punish for contempt by imposing a fine of no more than one thousand ($1,000) dollars or imprisonment not exceeding thirty (30) days, or any combination of the two. He shall be to all intents and purposes a Magistrate Judge, so far as to enable him to issue warrants for offenses committed within the limits of the City, which warrants may be executed by an officer of said City, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in said City. The Municipal Court shall also have concurrent jurisdiction with that of a Magistrate Court over offenses against the criminal laws of the state committed within the corporate limits. Except as may be herein otherwise specified, the court is specifically invested with all jurisdiction and powers throughout the entire area within the corporate limits granted by state laws generally to Mayor's Courts, Recorder's Courts, Municipal Courts, and Police Courts, and particularly such laws as authorize the abatement of nuisances. Said Municipal Court Judge is hereby authorized to administer oaths.

Sec. 6-4 Right of appeal

The right of appeal and procedures pertaining to appeal bonds to the Superior court of Barrow County from the Municipal court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the Probate Court. An appeal to the Superior court shall be a de novo proceeding, and the City shall be entitled to reimbursement of its cost therefor.

Sec. 6-5 Court costs.

In all cases in the Municipal Court, the costs incurred and allowable herein may be computed under the provisions of the laws of the State of Georgia fixing costs in the Magistrate Courts of said state, or the mayor and Council may establish a schedule of fees to defray costs of operation and the City shall be entitled to reimbursement of the costs, meals, transportation and caretaking of prisoners bound over to the Superior Court for violations of state law. The mayor and Council may also provide a uniform scale of costs of the clerk and police officers of said City for all services in the arrest and prosecution of offenders in the Municipal Court

4836

MUNICIPAL HOME RULE ORDINANCES

and in the issuance and collection of tax and other executions; and for their collections and payment into the City treasury. The Municipal Court Judge is hereby authorized to issue subpoenas to compel the attendance of witnesses to said Municipal Court and to issue such other processes as may be necessary for the proper administration of said Court.

Sec. 6-6 Rules for Court.

(1) With the approval of the mayor and Council, the Municipal Court Judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the business of said Court; provided, however, that the mayor and Council may adopt in part or in total the rules and regulations relative to the procedures of the operation of the Superior Courts under the general laws of the State of Georgia or other rules and regulations deemed desirable thereby. The Municipal Court Judge shall have the powers of a Superior Court judge to control the proceedings in said Court.

(2) All rules of the Municipal Court in effect on the effective date of this act shall remain valid and in force until otherwise repealed, amended, or changed as provided herein.

This ordinance has been duly voted on and adopted at two regular consecutive meetings of the Winder City Council held on the 5th day of February, 2013 and on the 5th day of March, 2013 and notice was published in the official organ of Barrow County once a week for three weeks immediately proceeding its final adoption. Further, a copy of this ordinance shall be on file in the office of the City Clerk and in the office of the Barrow County Superior Court.

This City Clerk is hereby directed to file with the Georgia Secretary of State and with the Barrow County Clerk of Superior Court a copy of this ordinance, a copy of the notice of publication and a publisher's affidavit that the notice has been published.

This ordinance shall take effect immediately upon its final adoption.

It is so ordained this 5th day of March, 2013.

CITY OF WINDER, GEORGIA

By: s/ DAVID MAYNARD Mayor

[SEAL]

Attest: s/ GLORIA ANDREWS City Clerk

GEORGIA LAWS 2013 SESSION

4837

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF WINDER

Notice is hereby given that the City Council of the City of Winder, Georgia will consider and vote upon an ordinance to amend the Charter of the City of Winder at its regular meeting on March 5, 2013 at 6:00 p.m. at the Winder Community Center. The amendment changes the name of the Recorder's Court to the Municipal Court. The amendment also changes the qualifications for Municipal Court Judge. The amendment also changes the fines which can be set by the Municipal Court Judge for contempt. Copies of the proposed ordinance are on file and available for public examination and inspection at the Winder City Hall, City Clerk's office and in the office of the Barrow County Clerk of Superior Court.

AFFIDAVIT OF PUBLICATION

Personally appeared before me, the undersigned officer duly authorized by law to administer oaths, Mike Buffington, Co-Publisher of the Barrow Journal, who, after being duly sworn, states under oath, of his own personal knowledge, the following:

The advertisement listed below:

Notice of Proposed Amendments to the Charter of the City of Winder

appeared in the Barrow Journal, the legal organ of Barrow County, Georgia, on the following dates:

February 13, February 21, and February 27,2013

Documents were produced and are kept by the Barrow Journal in the ordinary course of business, and constitute business records of the Barrow Journal, and I am a custodian of the documents.

s/ MIKE BUFFINGTON Mike Buffington, Co-Publisher

Subscribed and sworn to before me, This 27th day of February, 2013.

s/ LISA LYLES [SEAL] Notary Public

4838

MUNICIPAL HOME RULE ORDINANCES

Notice of Proposed Amendment to the Charter of the City of Winder

Notice is hereby given that the City Council of the City of Winder, Georgia will consider and vote upon an ordinance to amend the Charter of the City of Winder at its regular meeting on March 5, 2013 at 6:00 p.m. at the Winder Community Center. The amendment changes the name of the Recorder's Court to the Municipal Court. The amendment also changes the qualifications for Municipal Court Judge. The amendment also changes the fines which can be set by the Municipal Court Judge for contempt. Copies of the proposed ordinance are on file and available for public examination and inspection at the Winder City Hall, City Clerk's office and in the office of the Barrow County Clerk of Superior Court.

Filed in the Office of the Secretary of State April 3, 2013. __________

CITY OF SANDY SPRINGS CITY COUNCIL; REDISTRICTING.

STATE OF GEORGIA COUNTY OF FULTON

RESOLUTION NO. 2013-03-16

A RESOLUTION TO CONSIDER AN AMENDMENT TO THE CHARTER OF THE CITY OF SANDY SPRINGS, GEORGIA, TO REAPPORTION THE ELECTORAL DISTRICTS OF THE CITY PURSUANT TO THE 2010 CENSUS

WHEREAS, the Charter of the City of Sandy Springs, Georgia ("City") provides in Section 2.01(c) and in Appendix B that there shall be six (6) electoral Council Districts in the City, designated Council Districts 1 through 6; and

WHEREAS, a census was conducted in 2010 per requirements of federal law that measured the population of the City, and the results show an increase in population in certain parts of the City; and

WHEREAS, O.C.G.A 36-35-4.1 provides that the governing authority of any municipal corporation is authorized to reapportion the election districts from which members of the municipal governing authority are elected following publication of the United States decennial census, so as to comply with the one-person one-vote requirements of the United States Constitution; and

GEORGIA LAWS 2013 SESSION

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WHEREAS, the Mayor and City Council have determined that such reapportionment is necessary due to the addition and shift of the population of the City since the previous census and have undertaken a reapportionment based on the 2010 census; and

WHEREAS, attached hereto as Exhibit A is a copy of the legal description of the proposed reapportioned Council Districts in the City, as well as stated population per Council District according to the 2010 census, and attached hereto as Exhibit B is a copy of the proposed reapportionment map; and

WHEREAS, the Mayor and City Council have determined that the proposed Charter amendment reapportioning said Council Districts is necessary based on the above; 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 (2) regular consecutive meetings of the municipal governing authority, not less than seven (7) nor more than sixty (60) days apart; and

WHEREAS, pursuant to O.C.G.A. 36-35-3, the required notice must be published in the official organ of the county of the legal situs of the City or in a newspaper of general circulation in the City once a week for three (3) weeks prior to its final adoption, and a copy of the proposed amendment must be on file in the Office of the City Clerk 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 must be published within the statutory period of sixty (60) days immediately preceding the final adoption of the ordinance amending the Charter; and

WHEREAS, the title of the ordinance must be read and the ordinance duly adopted at two (2) consecutive City Council meetings not less than seven (7) nor more than sixty (60) days apart, as required by Georgia law; and

WHEREAS, O.C.G.A. 36-35-5 provides that the Charter amendment shall not become effective until a copy of the amendment, 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, to the effect that the notice has been published as provided by O.C.G.A. 36-35-3, has been filed with the Secretary of State and in the Office of the Clerk of the Superior Court of Fulton County;

4840

MUNICIPAL HOME RULE ORDINANCES

NOW, THEREFORE, the Mayor and City Council of the City of Sandy Springs, Georgia, pursuant to their authority, do hereby resolve as follows:

Section 1. That it shall consider an amendment to the City Charter, as provided below:

Appendix B shall be deleted in its entirety and in lieu thereof shall be substituted the following:

"APPENDIX B. [COUNCIL DISTRICTS]

Council Districts 1 through 6 shall consist of the described territory of the City of Sandy Springs attached to this Act and made a part thereof and further identified as "Plan: Sandy Springs-Prop1-2013, Plan Type: Local, Administrator: Sandy Springs, User: bak."

When used in such attachment, terms 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."

Section 2. That, pursuant to O.C.G.A. 36-35-3, the City Clerk is authorized to and shall cause a notice to be published in the Fulton County Daily Report once a week for three (3) weeks within a period of sixty (60) days immediately preceding final adoption of the Charter amendment, which shall read as follows:

"NOTICE OF CITY OF SANDY SPRINGS, GEORGIA PROPOSED CHARTER AMENDMENT

The City of Sandy Springs, Georgia, hereby gives notice, pursuant to O.C.G.A. 36-35-3, that the Mayor and City Council of the City of Sandy Springs will consider an ordinance amending the City Charter to reapportion the six (6) electoral districts of the City of Sandy Springs and to amend the legal descriptions of same in the Charter ("Charter Amendment") pursuant to the United States decennial census of 2010. To view a copy of the legal description of the six (6) electoral districts as reapportioned and a copy of the reapportionment map, please go to the City's website at: http://www.sandyspringsga.gov/districts

The Mayor and City Council will consider the Charter Amendment at regular sessions on March 19, 2013 and April 2, 2013 at 6:00 pm, Sandy Springs City Hall, 7840 Roswell Road, Building 500, Sandy Springs, Georgia 30350. Anyone wishing to attend the meetings may do so and be heard relative thereto. A copy of the proposed Charter Amendment is on file in the Office of the City Clerk of Sandy Springs and in the Office of the Clerk of the Superior Court of Fulton County for the purpose of examination and inspection by the public.

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For further information, please call 770-730-5600."

Section 3. That, pursuant to O.C.G.A. 36-35-3, the City Clerk is authorized to and shall maintain a copy of the proposed Charter amendment in the City Clerk's office for the purpose of inspection and examination by the public.

Section 4. That, pursuant to O.C.G.A. 36-35-3, the City Clerk is authorized to and shall provide to the Office of the Clerk of Superior Court of Fulton County, Georgia, a copy of the proposed Charter amendment for the purpose of inspection and examination by the public.

Section 5. That, pursuant to O.C.G.A. 36-35-3, the City Clerk is authorized to and shall furnish a copy of the proposed amendment to anyone requesting the same in writing.

Section 6. That, pursuant to O.C.G.A. 36-35-5, the City Clerk is authorized to and shall file with the Secretary of State and in the Office of the Clerk of Superior Court of Fulton County, Georgia, a copy of the Charter amendment, 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, to the effect that the notice has been published as provided in O.C.G.A. 36-35-3.

Section 7. That the title of the proposed ordinance shall be read at two (2) consecutive meetings of the City Council of the City of Sandy Springs not less than seven (7) nor more than sixty (60) days apart and the publication and other requirements set forth above shall be effected immediately, the title of the proposed ordinance shall be read at the next regularly scheduled meeting of the City Council and if adopted shall be read for the required second time at a subsequent regularly scheduled meeting of the City Council which shall be consecutive and within sixty (60) days, and after publishing of the required notice, all as required by Georgia law.

RESOLVED this the 19th day of March, 2013.

Approved:

Attest:

s/ EVA GALAMBOS Eva Galambos, Mayor

s/ MICHAEL CASEY Michael Casey, City Clerk (Seal)

4842

MUNICIPAL HOME RULE ORDINANCES EXHIBIT A

LEGAL DESCRIPTION OF REAPPORTIONED CITY COUNCIL DISTRICTS AND
STATED POPULATION PER COUNCIL DISTRICT ACCORDING TO 2010 CENSUS
Plan Nam e: sandysprings-prop1-2013 Plan Type: Local User: bak Adm inistrator: Sandy Springs

DISTRICT

POPULATION

DEVIATION % DEVIATION BLACK

% BLACK

TOTAL BLACK

% TOTAL BLACK

HISP. OR LATINO

% HISP

001

15,388

VAP 11,911

-254

-1.62% 3,076

19.99%

3,243

21.07%

2,312

19.41%

2,399

20.14%

002

15,822

VAP 12,714

180

1.15% 5,909

37.35%

6,233

39.39%

4,704

37.00%

4,908

38.60%

003

15,617

VAP 12,361

-25

-0.16% 1,554

9.95%

1,673

10.71%

1,193

9.65%

1,262

10.21%

004

16,117

VAP 13,295

475

3.04% 4,367

27.10%

4,659

28.91%

3,443

25.90%

3,614

27.18%

005

15,514

VAP 12,352

-128

-0.82% 2,370

15.28%

2,583

16.65%

1,966

15.92%

2,106

17.05%

006

15,395

-247

VAP 11,319

Total Population: Ideal Value: Summary Statistics Population Range: Absolute Range: Absolute Overall Range: Relative Range: Relative Overall Range:

93,853 15,642
15,388 to 16,117 -254 to 475 729 -1.62% to 3.04% 4.66%

-1.58% 1,448 1,134

9.41% 10.02%

1,589 1,203

DATA SOURCE: 2010 US Census PL94-171 Population Counts

10.32% 10.63%

1,214 829

7.89% 6.96%

2,019 1,372

12.76% 10.79%

1,192 801

7.63% 6.48%

1,625 1,127

10.08% 8.48%

2,496 1,621

16.09% 13.12%

4,822 3,062

31.32% 27.05%

GEORGIA LAWS 2013 SESSION
Exhibit A to Resolution -sandysprings-prop1-2013 - plan comp report
Plan: Sandysprings-prop1-2013 Plan Type: Local Administrator: Sandy Springs User: bak
District 001 Fulton County VTD: 121SS01 - SS01 010107:
1000 1005 1010 1011 1012 1013 2003 2004 2008 2014 2015 2016 2017 010108: 1000 1001 1002 1003 1004 1005 1006 1007 1008 2008 2018 2019 2020 2021 2024 2025 2026 2027 2028 2029 2030 2031 VTD: 121SS15B - SS15B VTD: 121SS17 - SS17 010106: 1001 1002 1003 1004 1005 1006 1007 1008 1011 1012 1013 1014 1015 1019 1020 1021 1025 1026 1027 2000 2001 2002 2003 2004 2005 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 010107: 1001 1002 1006 1007 1008 1009 1014 010122: 1000 VTD: 121SS20 - SS20 VTD: 121SS25 - SS25 010108: 2001 2002 2003 2004 2005 2006 2007 2009 2010 2011 2012 2013 2014 2015 2016 2017 2022 2023
District 002 Fulton County VTD: 121SS15A - SS15A VTD: 121SS18B - SS18B VTD: 121SS19 - SS19 VTD: 121SS22 - SS22

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District 003 Fulton County VTD: 121SS02A - SS02A VTD: 121SS02B - SS02B VTD: 121SS03 - SS03 VTD: 121SS05 - SS05VTD: S121SS07B - SS07B VTD: 121SS08A - SS08A 010110:
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1030 1031 1032 1033 1034 1035 1036 1037 1038 VTD: 121SS08B - SS08B VTD: 121SS16 - SS16 VTD: 121SS18A - SS18A VTD: 121SS31 - SS31

District 004 Fulton County VTD: 121SS04 - SS04 VTD: 121SS07A - SS07A VTD: 121SS08C - SS08C VTD: 121SS26 - SS26 VTD: 121SS29 - SS29

District 005 Fulton County VTD: 121SS07C - SS07C VTD: 121SS08A - SS08A 010110:
1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 2000 2001 2002 2003 2004 2005 2006 2008 2009 2013 2014 2015 3000 3006 3017 VTD: 121SS11A - SS11A VTD: 121SS12 - SS12 VTD: 121SS13A - SS13A 010114: 2005 2006 2007 2008 2026 3002 3003 VTD: 121SS14 - SS14

GEORGIA LAWS 2013 SESSION
District 006 Fulton County VTD: 121088b - 08B 010211:
1002 VTD: 121SS09 - SS09 VTD: 121SS10 - SS10 VTD: 121SS11B - SS11B VTD: 121SS11C - SS11C VTD: 121SS11D - SS11D VTD: 121SS13A - SS13A 010114:
3004 3005 3006 3007 3008 3009 3010 VTD: 121SS138 - SS13B
EXHIBIT B REAPPORTIONMENT MAP
[MAP]
ORDINANCE NO. 2013-03-03
STATE OF GEORGIA COUNTY FULTON
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF SANDY SPRINGS, GEORGIA, TO REAPPORTION THE ELECTORAL DISTRICTS OF THE CITY PURSUANT TO THE 2010 CENSUS
WHEREAS, the Charter of the City of Sandy Springs, Georgia ("City") provides in Section 2.01(c) and in Appendix B that there shall be six (6) electoral Council Districts in the City, designated Council Districts 1 through 6; and
WHEREAS, a census was conducted in 2010 per requirements of federal law that measured the population of the City, and the results show an increase in population in certain parts of the City; and
WHEREAS, O.C.G.A 36-35-4.1 provides that the governing authority of any municipal corporation is authorized to reapportion the election districts from

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which members of the municipal governing authority are elected following publication of the United States decennial census, so as to comply with the one-person one-vote requirements of the United States Constitution; and

WHEREAS, the Mayor and City Council have determined that such reapportionment is necessary due to the addition and shift of the population of the City since the previous census and thus have determined that the below Charter amendment reapportioning said Council Districts is necessary; 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 (2) regular consecutive meetings of the municipal governing authority, not less than seven (7) nor more than sixty (60) days apart; and

WHEREAS, pursuant to O.C.G.A. 36-35-3, the required notice will have been published in the official organ of the county of the legal situs of the City or in a newspaper of general circulation in the City once a week for three (3) weeks prior to its final adoption, and a copy of the proposed amendment has been on file in the Office of the City Clerk 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 sixty (60) days immediately preceding the final adoption of this Ordinance amending the Charter; and

WHEREAS, the title of these Ordinances shall have been read and the Ordinance duly adopted at two (2) consecutive City Council meetings not less than seven (7) nor more than sixty (60) days apart, as required by Georgia law; and

WHEREAS, a copy of the Charter amendment, 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, to the effect that the notice has been published as provided in O.C.G.A. 36-35-3, shall have been filed with the Secretary of State and in the Office of the Clerk of the Superior Court of Fulton County;

GEORGIA LAWS 2013 SESSION
NOW, THEREFORE, in accordance with O.C.G.A. 36-35-3, the Mayor and City Council of the City of Sandy Springs, Georgia, pursuant to their authority, do hereby adopt this Ordinance so that the Charter of the City is hereby amended as follows:
Appendix B shall be deleted in its entirety and in lieu thereof shall be substituted the following:
"APPENDIX B. [COUNCIL DISTRICTS]
Council Districts 1 through 6 shall consist of the described territory of the City of Sandy Springs attached to this Act and made a part thereof and further identified as "Plan: Sandy Springs-Prop1-2013, Plan Type: Local, Administrator: Sandy Springs, User: bak."
When used in such attachment, terms 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."
ORDINANCE NO. 2013-03-03 IS SO ORDAINED AND EFFECTIVE this 19th day of March, 2013.
FIRST APPROVAL AND ADOPTION the 19th day of March, 2013.
Approved:
s/ EVA GALAMBOS Eva Galambos, Mayor
Attest:
s/ MICHAEL CASEY Michael Casey, City Clerk
(Seal)
ORDINANCE NO. 2013-03-03 IS SO ORDAINED AND EFFECTIVE this 2nd day of April, 2013.
SECOND APPROVAL AND ADOPTION the 2nd day of April, 2013.

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Approved:

s/ EVA GALAMBOS Eva Galambos, Mayor

Attest:

s/ MICHAEL CASEY Michael Casey, City Clerk

(Seal)

Attachment to Appendix B of City of Sandy Springs Charter

Reapportioned Council Districts

Plan: sandysprings-prop1-2013 PlanType: Local Administrator: Sandy Springs User: bak

District 001 Fulton County VTD: 121SS01-SS01 010107: 1000 1005 1010 1011 1012 1013 2003 2004 2008 2014 2015 2016 2017 010108: 1000 1001 1002 1003 1004 1005 1006 1007 1008 2008 2018 2019 2020 2021 2024 2025 2026 2027 2028 2029 2030 2031 VTD:121SS15B-SSl5B VTD:121SS17-SS17 010106: 1001 1002 1003 1004 1005 1006 1007 1008 1011 1012 1013 1014 1015 1019 1020 1021 1025 1026 1027 2000 2001 2002 2003 2004 2005 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 010107: 1001 1002 1006 1007 1008 1009 1014 010122: 1000

GEORGIA LAWS 2013 SESSION
VTD:121SS20-SS20 VTD:121SS25-SS25 010108: 2001 2002 2003 2004 2005 2006 2007 2009 2010 2011 2012 2013 2014 2015 2016 2017 2022 2023
District 002 Fulton County VTD:121SS15A-SS15A VTD:121SS18B-SS18B VTD:121SS19-SS19 VTD:121SS22-SS22
District 003 Fulton County VTD: 121SS02A-SS02A VTD: 121SS02B-SS02B VTD: 121SS03-SS03 VTD: 121SS05 - SS05VTD: 121SS07B - SS07B VTD: 121SS08A-SS08A 010110: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1030 1031 1032 1033 1034 1035 1036 1037 1038 VTD: 121SS08B - SS08B VTD: 121SS16 - SSl6 VTD: 121SS18A - SS18A VTD: 121SS31-SS31
District 004 Fulton County VTD: 121SS04 - SS04 VTD: 121SS07A-SS07A VTD: 121SS08C-SS08C VTD: 121SS26-SS26 VTD: 121SS29-SS29
District 005 Fulton County VTD:121SS07C-SS07C

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VTD:121SS08A-SS08A 010110: 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 2000 2001 2002 2003 2004 2005 2006 2008 2009 2013 2014 2015 3000 3006 3017 VTD: 121SS11A-SS11A VTD: 121SS12-SS12 VTD: 121SS13A-SS13A 010114: 2005 2006 2007 2008 2026 3002 3003 VTD: 121SS14-SS14

District 006 Fulton County VTD:12108B-08B 010211: 1002 VTD: 121SS09-SS09 VTD: 121SS10-SS10 VTD: 121SS11B - SS11B VTD: 121SS11C - SS11C VTD: 121SS11D - SS11D VTD: 121SS13A- SS13A 010114: 3004 3005 3006 3007 3008 3009 3010 VTD: 121SS13B - SS13B

AFFIDAVIT OF PUBLICATION

I, Wade Stephens do solemnly swear that I am Vice President of the Marietta Daily Journal, Cherokee Tribune, and Neighbor Newspapers, printed and published at Marietta in the State of Georgia and that from my own personal knowledge and reference to the files of said publication, the advertisements for:

The City of Sandy Springs - "Notice of City of Sandy Springs Proposed Charter Amendment",

was published in the: Sandy Springs Neighbor Newspaper & The Northside Neighbor Newspaper

GEORGIA LAWS 2013 SESSION
On Wednesday, March 6th, page 3A; March 13th, page 7A and On March 20th page 7A of the year 2013.
s/ WADE STEPHENS
Subscribed and sworn to before 18th day of APRIL, 2013.
s/ TARA M GUEST Notary Public
August 11, 2015 Expiration Date
[SEAL]
NOTICE OF CITY OF SANDY SPRINGS, GEORGIA PROPOSED CHARTER AMENDMENT
The City of Sandy Springs, Georgia, hereby gives notice, pursuant to O.C.G.A. 36-35-3, that the Mayor and City Council of the City of Sandy Springs will consider an ordinance amending the City Charter to reapportion the six (6) electoral districts of the City of Sandy Springs and to amend the legal descriptions of same in the Charter ("Charter Amendment") pursuant to the United States decennial census of 2010. To view a copy of the legal description of the six (6) electoral districts as reapportioned and a copy of the reapportionment map, please go to the City's website at sandyspringsga.gov/districts.
The Mayor and City Council will consider the Charter Amendment at regular sessions on March 19, 2013 and April 2, 2013 at 6:00 pm, Sandy Springs City Hall, 7840 Roswell Road, Building 500, Sandy Springs, Georgia 30350. Anyone wishing to attend the meetings may do so and be heard relative thereto. A copy of the proposed Charter Amendment is on file in the Office of the City Clerk of Sandy Springs and in the Office of the Clerk of the Superior Court of Fulton County for the purpose of examination and inspection by the public.

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PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON

Re:

Before me, the undersigned, a Notary Public, this day personally came Patrice Grant who, being duly sworn, according to law, says she is an agent of the ALM, LLC publishers of the Daily Report, the official newspaper published in Atlanta, Georgia, in said county and state, and that the publication, of which is annexed is a true copy, was published in said newspaper as provided by law on the following dates:

3/7/2013, 3/13/2013 and 3/20/2013

s/ PATRICE GRANT Agent of the Daily Report

Subscribed and sworn to me on 4/18/13

[SEAL]

s/ K MOSLEY Notary Public

NOTICE OF CITY OF SANDY SPRINGS, GEORGIA PROPOSED CHARTER AMENDMENT

The City of Sandy Springs, Georgia, hereby gives notice, pursuant to O.C.G.A. 36-35-3, that the Mayor and City Council of the City of Sandy Springs will consider an ordinance amending the City Charter to reapportion the six (6) electoral districts of the City of Sandy Springs and to amend the legal descriptions of same in the Charter ("Charter Amendment") pursuant to the United States decennial census of 2010. To view a copy of the legal description of the six (6) electoral districts as reapportioned and a copy of the reapportionment map, please go to the City's website at sandyspringsga.gov/districts.

The Mayor and City Council will consider the Charter Amendment at regular sessions on March 19, 2013 and April 2, 2013 at 6:00 pm, Sandy Springs City Hall, 7840 Roswell Road, Building 500, Sandy Springs, Georgia 30350. Anyone

GEORGIA LAWS 2013 SESSION
wishing to attend the meetings may do so and be heard relative thereto. A copy of the proposed Charter Amendment is on file in the Office of the City Clerk of Sandy Springs and in the Office of the Clerk of the Superior Court of Fulton County for the purpose of examination and inspection by the public.
For further information, please call 770-730-5600.
Filed in the Office of the Secretary of the State April 23, 2013. __________

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