ACTS AND RESOLUTIONS OF THE
GENERAL ASSEMBLY
OF THE STATE OF GEORGIA
2014
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Volume Two

COMPILER'S NOTE
General Acts and Resolutions of the 2014 Regular Session of the General Assembly of Georgia will be found in Volume One beginning at page 1. The Supplementary Appropriations Act for FY 2013-2014 and the Appropriations Act for FY 2014-2015 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, 2013, and May 31, 2014, are printed in Volume Two beginning at pages 4323 and 4351, respectively.
There are no numbered pages between page 896, 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Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.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 Senate Resolution No. 371, 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. Senate Resolution No. 371 was adopted by the House of Representatives and the Senate but was not transmitted to the Governor and was not assigned an Act number.

GEORGIA LAWS 2014
TABLE OF CONTENTS
VOLUME ONE
Acts and Resolutions of General Application .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Supplementary Appropriations Act for FY2014 .. . . . . . . . . . . . . . . . . . . . . . . . . Appendix General Appropriations Act for FY2015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appendix
VOLUME TWO
Acts and Resolutions of Local Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3501 County and Consolidated Government Home Rule Actions . . . . . . . . . . . . . . . . . . . . 4323 Municipal Home Rule Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4351
VOLUME THREE
Acts by Numbers-Page References .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A Bills and Resolutions-Act Number References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4A Index-Tabular . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9A Index-General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35A Population of Georgia Counties-Alphabetically .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84A Population of Georgia Counties-Numerically .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88A Population of Municipalities-Alphabetically . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93A Population of Municipalities-Numerically . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101A Population of Judicial Circuits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109A Georgia Senate Districts, Alphabetically by County . . . . . . . . . . . . . . . . . . . . . . . . . 114A Georgia Senators, Numerically by District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116A Georgia House Districts, Alphabetically by County .. . . . . . . . . . . . . . . . . . . . . . . . . 120A Georgia Representatives, Numerically by District . . . . . . . . . . . . . . . . . . . . . . . . . . . 122A Status of Referendum Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132A Vetoes by the Governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366A State Auditor's Report on Funding of Retirement Bills . . . . . . . . . . . . . . . . . . . . . . . 374A Legislative Services Committee and Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 376A

GEORGIA LAWS 2014 SESSION CHEROKEE JUDICIAL CIRCUIT JUDGES; COMPENSATION.

3501

No. 344 (House Bill No. 768).

AN ACT

To amend an Act providing a supplement to the salary of the judge of the Superior Court of the Cherokee Judicial Circuit, approved March 22, 1963 (Ga. L. 1963, p. 182), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4631), so as to change the supplement to be paid to each judge of such circuit; 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 supplement to the salary of the judge of the Superior Court of the Cherokee Judicial Circuit, approved March 22, 1963 (Ga. L. 1963, p. 182), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4631), is amended by revising Section 9 as follows:

"SECTION 9. The judges of the Superior Court of the Cherokee Judicial Circuit shall receive, in addition to the compensation and allowances paid to the judges of the superior courts in this state, the sum of $32,300.00 per annum, payable monthly. The district attorney shall receive the sum of $18,000.00 per annum, payable monthly, which shall be in addition to the compensation and allowances paid to the district attorney by the state and shall be in lieu of all fees and other perquisites. Both the above-mentioned salaries shall be paid out of the funds of the Counties of Gordon and Bartow and shall be apportioned among those two counties on a per capita basis according to the United States decennial census of 2010 or any future such census."

SECTION 2. This Act shall become effective on February 1, 2014, upon its approval by the Governor, or upon its becoming law without such approval, whichever date is later.

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

3502

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to amend an Act providing a supplement to the salary of the judges of the Superior Court of the Cherokee Judicial Circuit, approved March 22, 1963 (Ga. L. 1963, p. 182), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4631), so as to change the amount of supplement paid to each judge of such circuit; 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, Christian Coomer, who on oath deposes and says that he is the Representative from District 14 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Tribune News which is the official organ of Bartow County on December 5, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CHRISTIAN COOMER Christian Coomer Representative, District 14

Sworn to and subscribed before me, this blank day of blank 2014. This 16th day of January, 2014.

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

Approved January 31, 2014.

__________

GEORGIA LAWS 2014 SESSION

3503

SUMTER COUNTY BOARD OF EDUCATION; RECONSTITUTE; MEMBERSHIP, QUALIFICATIONS, MANNER OF ELECTION, AND FILLING OF VACANCIES; CHAIRPERSON AND VICE CHAIRPERSON; COMPENSATION; SCHOOL SUPERINTENDENT.

No. 346 (House Bill No. 836).

AN ACT

To revise and restate the law relating to the Sumter County board of education and school superintendent; to repeal specific former Acts; to provide for a change in the number of members of the board and the districts from which they are elected; to provide for eligibility, manner of election, and filling of vacancies; to provide for a chairperson and vice chairperson; to provide for compensation; to provide for appointment of the school superintendent; to direct the election superintendent to call and conduct a special election; 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 relating to the Sumter County board of education and school superintendent, approved May 12, 2011 (Ga. L. 2011, p. 4020), and an amendatory Act thereto approved September 21, 2011 (Ga. L. 2011 Ex. Sess., p. 280), are repealed in their entirety.

SECTION 2. (a) The purpose of this Act is to revise and restate the law relating to the Sumter County board of education and school superintendent. Provisions relating to the school superintendent and the compensation of members of the board of education are restated from prior law without substantial change. The number of members of the board of education will be reduced from nine at the current time to seven for the year 2015 and future years. Five members will be elected from the school board districts provided for in this Act and two members of the board will be elected from Sumter County at large. (b) The Sumter County board of education that existed on December 31, 2013, is continued in existence but on and after January 1, 2015, shall be reconstituted as provided for in this Act. The Sumter County board of education so continued and reconstituted, sometimes referred to in this Act as the "board," shall continue to have the powers, duties, rights, obligations, and liabilities of such board as existed immediately prior to January 1, 2015.

3504

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 3. (a) The five current members of the Sumter County board of education representing School Board Districts 3, 5, 7, 8, and 9 in office on the effective date of this Act shall serve out the remainder of the terms for which they were elected, such terms expiring at the end of 2014. (b) At a special election in 2014, a total of four members of the Sumter County board of education shall be elected from School Board Districts 1, 2, 4, and 6, as such districts existed on December 31, 2013. Such members shall take office immediately following the special election and shall serve for terms of office ending on December 31, 2014. (c) In the event of any vacancy in the term of office of one of the current board members referred to in this section, such vacancy shall be filled for the remainder of the unexpired term in the manner provided by the law in effect prior to this Act.

SECTION 4. (a) On and after January 1, 2015, for purposes of electing members of the board of education, the Sumter County School District is divided into five school board districts. One member of the board shall be elected from each such district. The five school board districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as "Plan Name: sumterccsb-2011 Plan Type: Local 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 Sumter County School District which is not included in any such district described in such 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 Sumter County School District which is described in such 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 school board district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia. (c)(1) The members of the reconstituted Sumter County board of education shall be elected as provided in this subsection.

GEORGIA LAWS 2014 SESSION

3505

(2) At the nonpartisan general election in 2014 and quadrennially thereafter, a total of four members of the board of education shall be elected as follows: three members elected from School Board Districts 1, 3, and 5, as newly described under this Act, and one member elected from Sumter County at large. Such members shall take office the first day of January immediately following their election for terms of four years and until their successors are duly elected and qualified. (3) At the nonpartisan general election in 2014, a total of three members of the board of education shall be elected as follows: two members elected from School Board Districts 2 and 4, as newly described under this Act, and one member elected from Sumter County at large. Such members shall take office the first day of January immediately following such election for terms of two years and until their successors are duly elected and qualified. At the nonpartisan general election in 2016 and quadrennially thereafter, a total of three members of the board of education shall be elected as follows: two members elected from School Board Districts 2 and 4, as newly described under this Act, and one member elected from Sumter County at large. Such members shall take office the first day of January immediately following their election for terms of four years and until their successors are duly elected and qualified. (d) Until January 1, 2015, a quorum of the board shall be five members. On and after January 1, 2015, a quorum of the board shall be four members.

SECTION 5. (a) No person shall be a member of the board of education if he or she is ineligible for such office pursuant to the provisions of Code Section 20-2-51 or 45-2-1 or any other provision contained in the O.C.G.A. (b) In order to be elected as a member of the board from a school board district, a person must receive a majority of the votes cast for that office in that district only and not at large. Only electors who are residents of that district may vote for a member of the board from that district. At the time of qualifying for election as a member of the board from a district, each candidate for such office shall specify the district for which that person is a candidate. A person elected as a member of the board from a district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant.

SECTION 6. In the event a vacancy occurs in the membership of the board of education for any reason, such vacancy shall be filled as follows:
(1) If the vacancy occurs more than 90 days prior to the date of a nonpartisan general election preceding the nonpartisan general election at which a successor would be elected to a new full term of office, then such vacancy shall be filled for the unexpired term of office at a special election to be held on the same date as such nonpartisan general election preceding the nonpartisan general election at which a successor would be elected to a new full term of office; and in this case the remaining members of the board of education shall,

3506

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

by majority vote, select a qualified person to fill the vacancy until the person elected at such special election takes office; and (2) If the vacancy does not occur more than 90 days prior to the date of a nonpartisan general election preceding the nonpartisan general election at which a successor would be elected for a new full term of office, then the remaining members of the board of education shall, by majority vote, select a qualified person to serve for the remainder of the unexpired term.

SECTION 7. Members of the board of education shall be elected in nonpartisan elections as authorized by Code Section 21-2-139 of the O.C.G.A.

SECTION 8. At the first meeting of the board of education in January of each year, the board shall elect a chairperson and a vice chairperson, each of whom shall be eligible to succeed himself or herself.

SECTION 9. Each member of the board of education shall be compensated in the amount of $200.00 per month. In addition, each member of the board shall be entitled to reimbursement up to a maximum of $2,500.00 per year for actual expenses necessarily incurred in connection with travel outside of the county on official business of the board of education, including, but not limited to, attending training sessions or state-wide meetings; provided, however, that such travel is authorized by a majority vote of the members of the board of education prior thereto. All expenses shall be approved and verified prior to reimbursement in such manner as may be specified by the board. Each board member shall be entitled to participate in any school district group insurance plan to the extent authorized in Code Section 20-2-55 of the O.C.G.A.

SECTION 10. The board shall appoint a superintendent of the Sumter County School District as provided by Code Section 20-2-101 of the O.C.G.A. The superintendent shall possess the qualifications prescribed by the laws of this state for local school superintendents and shall be compensated in an amount to be determined by the board. The present superintendent shall remain in office until his or her successor is appointed.

SECTION 11. The election superintendent of Sumter County shall call and conduct a special election as provided in subsection (b) of Section 3 of this Act in accordance with general law. The superintendent shall set the date of such special election at the earliest possible date provided

GEORGIA LAWS 2014 SESSION

3507

for in subparagraph (c)(1)(B) of Code Section 21-2-540 of the O.C.G.A. after the effective date of this Act.

SECTION 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 13. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to revise and restate the law relating to the Sumter County board of education and school superintendent; to repeal specific former Acts; to provide for a change in the number of members of the board and the districts from which they are elected; to provide for eligibility, manner of election, and filling of vacancies; to provide for a chairperson and vice chairperson; to provide for compensation; to provide for appointment of the school superintendent; to provide for election of members; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 January 15, 2014, 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 blank day of blank 2014. This 17th day of January, 2014.

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

3508

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

My Commission Expires January 23, 2015 [SEAL]

Approved February 26, 2014.

__________

CITY OF ST. MARYS REDEVELOPMENT POWERS; REFERENDUM.

No. 348 (House Bill No. 814).

AN ACT

To authorize the City of St. Marys 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 St. Marys 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 St. Marys 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 St. Marys 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. The municipal election superintendent of the City of St. Marys shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of St. Marys for approval or rejection. The municipal election superintendent shall conduct that election on the date of the general primary in May, 2014, and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Camden County. The ballot shall have written or printed thereon the words:

GEORGIA LAWS 2014 SESSION

3509

"( ) YES Shall the Act be approved which authorizes the City of St. Marys to utilize tax allocation districts (TAD) and 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 City of St. Marys. 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 LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to authorize the City of St. Marys 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.
/s/ Jason Spencer #180 Representative Jason Spencer District 180
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jason Spencer, who on oath deposes and says that he is the Representative from District 180 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Tribune & Georgian which is the official organ of

3510

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Camden County on January 16, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JASON SPENCER Jason Spencer Representative, District 180

Sworn to and subscribed before me, this 21st day of January, 2014.

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

Approved February 26, 2014.

__________

PIKE COUNTY BOARD OF COMMISSIONERS; REDISTRICTING.

No. 349 (House Bill No. 666).

AN ACT

To amend an Act creating a board of commissioners of roads and revenues for the County of Pike, approved March 17, 1870 (Ga. L. 1870, p. 447), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4903), 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 election and terms of office of subsequent 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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a board of commissioners of roads and revenues for the County of Pike, approved March 17, 1870 (Ga. L. 1870, p. 447), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4903), is amended by revising subsection (d) of Section 2 as follows:

GEORGIA LAWS 2014 SESSION

3511

"(d)(1) For purposes of electing members of the board of commissioners, other than the chairperson, Pike County is divided into four commissioner districts. One member of the board shall be elected from each 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: pikecc-2013 Plan Type: Local Administrator: Pike User: Gina'. (2) When used in such attachment, the term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and 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. 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. Any part of Pike 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. Any part of Pike 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 of Pike County serving 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 Commissioners of Pike 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,

3512

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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: pikecc-2013 Plan Type: Local Administrator: Pike User: Gina

District 001 Pike County VTD: 2311 - CONCORD 010300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 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 1108 1109 VTD: 2312 - HOLLONVILLE 010200: 1058 1059 1060 1061 1062 1063 1067 1068 1077 1078 1079 1080 1143 1144 1145 1146 1148 VTD: 2314 - MOLENA 010300: 2000 2059 2060 2061 VTD: 2316 - LIFSEY SPRINGS 010400: 2018 2020 2021 2022 2023 2024 2025 VTD: 2317 - WILLIAMSON 010100: 1102 1103 1110 VTD: 2318 - ZEBULON 010100: 1026 1027 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1095 1096 1097 1098 1099 1100 1101 3000 3001 3002 3003 3004

GEORGIA LAWS 2014 SESSION
3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3028 3029 3034 3035 3036 3037 3038 3039 3047 3048 3049 3050 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 3091 3092 3094 3095 010400: 2019
District 002 Pike County VTD: 2311 - CONCORD 010300: 1016 1017 1018 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1110 1111 1112 VTD: 2312 - HOLLONVILLE 010200: 1034 1035 1039 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1064 1065 1066 1069 1070 1071 1072 1073 1074 1075 1076 1141 1142 VTD: 2314 - MOLENA 010300: 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 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 VTD: 2316 - LIFSEY SPRINGS 010400: 2013 2014 2015 2016 2017 2026 2027 2041 2042 2043 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063

3513

3514

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 2318 - ZEBULON 010100: 1064 1065 1066 3025 3026 3027 3030 3031 3032 3033 3040 3041 3042 3043 3044 3045 3046 3051 3052 3053 3054 3055 3056 3084 3085 3086 3087 3088 3089 3090 3093 010400: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012

District 003 Pike County VTD: 2313 - MEANSVILLE VTD: 2315 - SECOND DISTRICT 010100: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1052 1082 1109 2000 2001 2002 2003 2004 2005 2006 2007 2036 2037 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2107 2110 VTD: 2316 - LIFSEY SPRINGS 010400: 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2044 2045 2046 2047 2048 2049 2064 2065 VTD: 2318 - ZEBULON 010100: 1078 1079 1080 1081 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094

District 004 Pike County VTD: 2312 - HOLLONVILLE 010200: 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1036 1037 1038 1040 1081 1082 1151 VTD: 2315 - SECOND DISTRICT 010100: 1021 1022 1023 1024 1025 1028 1029 1051 2008 2009 2010 2011

GEORGIA LAWS 2014 SESSION
2012 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 2041 2042 2043 2044 2045 2097 2098 2099 2100 2101 2102 2103 2109 VTD: 2317 - WILLIAMSON 010100: 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1104 1111 2104 2105 2106 2108 010200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 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 1147 1149 1150

3515

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 board of commissioners of roads and revenues for the County of Pike, approved March 17, 1870 (Ga. L. 1870, p. 447), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4903), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; and for other purposes.
Representative Johnnie L. Caldwell, Jr. District 131
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnnie Caldwell, Jr., 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 Pike County Journal Reporter which is the official

3516

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

organ of Pike County on March 20, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JOHNNIE CALDWELL, JR. Johnnie Caldwell, Jr. Representative, District 131

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 February 26, 2014.

__________

CITY OF FORT OGLETHORPE USE OF CERTAIN LANDS; POWERS AND DUTIES OF MAYOR; ETHICS; FILLING OF VACANCIES.

No. 352 (House Bill No. 1134).

AN ACT

To amend an Act to provide a new charter for the City of Fort Oglethorpe, approved April 1, 1996 (Ga. L. 1996, p. 3892), as amended, so as to provide for the use of certain lands; to provide for the powers and duties of the mayor; to provide for conflicts of interest, disclosure of conflicts, proper use of public property, ethical prohibitions, disqualifications, complaints, ethics commission, and appeals; to provide for the filling of vacancies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide 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 section to read as follows:

GEORGIA LAWS 2014 SESSION
"SECTION 1.15. Polo Grounds.

3517

The area known as the Polo Grounds, which is surrounded by Barnhardt Circle, shall be preserved in its present condition for the use and benefit of the general public, and no future permanent construction or obstruction shall be allowed in such area except as approved by the city council. Those structures now existing, including ball parks, may be improved within their present boundaries, except that nothing in this section shall affect the rights of the Catoosa County Board of Education regarding those areas previously conveyed to the Catoosa County Board of Education."

SECTION 2. Said Act is further amended by revising Section 2.12 as follows:

"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, lack of qualifications, incompetence, neglect of duty, gross misconduct in reference to his or her duties, violation of the Code of Ethics, 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 be hereafter enacted. A vacancy may be permanent or temporary as circumstances dictate. (b) A vacancy in the office of mayor or councilmember shall be filled within 60 days from the date of the vacancy for the remainder of the unexpired term if less than one year remains on the term by appointment of a majority vote of the city councilmembers or upon filling the office by special election if more than one year remains on the term. (c) Subsection (b) of this section shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember and will be effective for the duration of the temporary vacancy as circumstances dictate. Should the suspension from office be appealed and reversed by court decision, the mayor or councilmember shall be restored to office on the effective date of such court decision, and the temporary assignment will no longer be effective. (d) The mayor or any councilmember shall forfeit his or her office if he or she lacks at any time during his or her term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; willfully and knowingly violates any express prohibition of this charter; or is convicted of a crime involving moral turpitude."

SECTION 3. Said Act is further amended by revising Section 2.14 as follows:

3518

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"SECTION 2.14. Conflicts of interest; holding other offices.

(a) Elected and appointed officers of the city are trustees and servants of the residents and taxpayers of the city and shall act in a fiduciary capacity for the benefit of such residents and taxpayers. No elected official, appointed officer, or employee of the city or any city agency 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 his or her independence of 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 his or her 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 employed or appointed 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 being offered to influence decision in business dealings with the governmental body by which he or she is employed or appointed; however, 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 in any action or proceeding against the council by which he or she is employed; 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. (b) Any elected official, appointed officer, or employee of the city who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the council. (c) The mayor or any councilmember who has a private interest in any matter pending before the council shall disclose such private interest, and such disclosure shall be entered on the records of the council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. (d) Any elected official, appointed officer, or employee of any city agency or political entity who has any private financial interest, directly or indirectly, in any contract or matter pending before or within such agency or entity shall disclose such private interest to the governing body of such agency or entity.

GEORGIA LAWS 2014 SESSION

3519

(e) An appointed member of the governing authority who has an interest that he or she has reason to believe may be affected by his or her official acts or actions or by the official acts or actions of the governing authority shall disclose the precise nature of such interest prior to the governing authority's taking official action on a matter affecting such interest and abstain from discussion and voting. Such disclosure shall be recorded into the minutes of the meeting and thus become part of the public record. (f) Any violation of this section which occurs with the knowledge, express or implied, of another party to a contract or sale shall render the contract or sale voidable as to that party, at the option of the council. (g) No elected official, appointed officer, or employee of the city or any city agency or entity shall use property owned by such governmental body for personal benefit, convenience, or profit, except in accordance with policies promulgated by the council or the governing body of such agency or entity. (h) Any city officer or employee who willfully conceals a financial interest or willfully violates any of the requirements of this section shall, upon conviction, be guilty of malfeasance in office or position and may be removed from his or her office or position.
(i)(1) No member of the governing authority shall: (A) By conduct, give a reasonable basis for the impression that any person can improperly influence him or her or unduly enjoy his or her favor in the performance of official acts; (B) Directly or indirectly request, exact, receive, or agree to receive a gift, loan, favor, promise, or thing of value for himself or herself or another person if it could reasonably be considered to influence the member in the discharge of official duties; (C) Disclose or otherwise use confidential information acquired by virtue of his or her official position for his or her or another person's private gain; (D) Use his or her official position to attempt to secure privileges that are not available to the general public; (E) Engage in, accept employment with, or render services for any private business or professional activity when such employment or rendering of services is adverse to and incompatible with the proper discharge of official duties; (F) Engage in any activity or transaction that is prohibited by law now existing or hereafter enacted which is applicable to him or her by virtue of being a member of the governing authority; (G) Use his or her position to request or require an employee to: (i) Do clerical work on behalf of the member's family, business, social, church, or fraternal interest when such work is not furthering a city interest; (ii) Perform any work outside the employee's normal course of municipal employment; (iii) Purchase goods or services to be used for personal, business, or political purposes; or

3520

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(iv) Work for the member personally without paying the employee just compensation; (H) Use government property of any kind for other than officially approved activities, nor shall he or she direct employees to use such property for any purposes other than those officially approved; or (I) Use his or her position in any way to coerce, or give the appearance of coercing, another person to provide any financial benefit to himself or herself or persons having an interest. (2) The prohibition of this subsection shall not apply in the case of: (A) An occasional nonpecuniary gift of insignificant value; (B) An award publicly presented in recognition of public service; (C) A commercially reasonable loan or other financial transaction made in the ordinary course of business by an institution or individual authorized by the laws of this state to engage in the making of such a loan or financial transaction; (D) Campaign contributions made and reported in accordance with state law; (E) An occasional meal or event provided as appreciation or recognition; and (F) Meals or events provided or offered in the ordinary course of business. (j) A member of the governing authority shall disqualify himself or herself from participating in any official act or action of the city which results in a pecuniary benefit to the member or a business or activity in which he or she has an interest, when such benefit is not available to the public at large. (k) The city shall not enter into any contracts involving services or property with a member of the governing authority or with a business in which a member of the governing authority has an interest. This subsection shall not apply in the case of the designation of a bank or trust company as a depository for city funds or in cases of emergencies. (l)(1) Any person having a complaint against any member of the governing authority for an alleged ethics violation shall file in writing a verified complaint setting forth the particular facts and circumstances which constitute the alleged violation. The complaint shall be filed with the city manager or city attorney. Upon receipt of a complaint, the city manager or city attorney shall randomly draw the names of three members from the board of ethics pool. The three members, along with the city attorney as legal counsel, shall constitute an investigating committee to determine whether the complaint sets forth significant facts and circumstances so as to warrant a hearing before the board of ethics. The investigating committee shall have the right to request supporting documentation from the complaining party if the committee deems it reasonable to avoid the pursuit of frivolous complaints. If the complaint does not set forth sufficient facts to constitute an alleged violation and is found unjustified, frivolous, or patently unfounded, it shall be dismissed, and the complainant notified immediately. If the complaint is found to state sufficient facts to warrant a hearing before the board of ethics, the board shall be appointed as provided in paragraph (2) of this subsection.

GEORGIA LAWS 2014 SESSION

3521

(2) The board of ethics of the city shall be composed of seven registered voters of the city to be appointed as provided in this paragraph. Each member of the board of ethics shall have been a resident of the city for at least one year immediately preceding the date of taking office and shall remain a resident of the city while serving as a member of the board of ethics. No person shall serve as a member of the board of ethics if the person has, or has had within the preceding one-year period, any interest in any contract, transaction, or official action of the city. The mayor and council shall each appoint three qualified registered voters of the city to provide a pool of 18 individuals who have consented to serve as a member of such board of ethics and who will be available for a period of the term of their appointer to be called upon to serve in the event a board of ethics is appointed. The city attorney shall maintain a listing of these 18 qualified registered voters of the city. Should the investigating committee determine a complaint warrants a hearing before the board of ethics, the mayor and council, at the first public meeting after such determination, shall draw names randomly from the listing of qualified citizens until the specified seven members of the board of ethics have been appointed. Such board shall elect one of its members to serve as chairperson. The governing authority of the city shall provide a meeting space for the board of ethics. Subject to budgetary procedures and requirements of the city, the city shall provide the board of ethics with such supplies and equipment as may be reasonably necessary for it to perform its duties and responsibilities. (3) Duties and powers. The constituted board of ethics shall have the following duties and powers:
(A) Establish procedures, rules, and regulations governing its internal organization and conduct of its affairs; (B) Hold a hearing within 60 days after the receipt of a complaint; (C) Prescribe forms, approved by the city attorney, for the disclosure required in this section and to make available to the public information disclosed as provided in this subsection; (D) Receive and hear complaints of violations of the standards required by this section; (E) Make such investigation and response to a complaint as it deems necessary to determine whether any person has violated any provisions of this section; (F) Hold such hearings and make such inquires as deemed necessary to investigate and rule upon complaints; and (G) Report its findings to the governing authority for such action as the governing authority deems appropriate. (m)(1) In the event the investigating committee determines a complaint warrants a hearing, the board of ethics, as appointed in this section, shall cause the complaint to be served on the member of the governing authority charged as soon as practicable. Service may be by personal service or by certified mail, return receipt requested. A hearing shall be held within 60 days after filing of the complaint. The board of ethics shall conduct the hearing in accordance with the procedures and regulations it establishes, but in all

3522

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

circumstances, the hearing shall include the taking of testimony and the cross-examination of witnesses. The decision of the board of ethics shall be rendered to the mayor and council within five days after completion of the hearing. (2) Any member of the governing authority who knowingly violates any provision of this section shall be subject to public reprimand, censure, or removal from office or a fine not to exceed $1,000.00, or both, by the governing authority of the city. (3) At any hearing held by the board of ethics, the member of the governing authority who is the subject of inquiry shall have the right to written notice of the allegations at least ten business days before a hearing, to be represented by counsel, to hear and examine the evidence and witnesses, and to present evidence and witnesses in opposition or in extenuation. (n)(1) Any member of the governing authority or the complainant adversely affected by these findings of the board of ethics may obtain judicial review of such decision as provided in this subsection. (2) An action for judicial review may be commenced by filing an application for a writ of certiorari in the superior court of the county within 30 days after the decision of the mayor and council. The filing of such application shall act as supersedes."

SECTION 4. Said Act is further amended by revising Section 2.32 as follows:

"SECTION 2.32. Powers and duties of mayor.

The mayor shall: (1) Preside at all meetings of the city council and shall have the right to take part in deliberations but shall not vote on any issue, ordinance, or legislation, except in case of a tie; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be a spokesperson for the city and an advocate of policy; (3) Have power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Make any appointments or nominations when authorized by law or otherwise, provided that such appointments shall be subject to approval or ratification by the council; and (6) Have power to call or cancel a meeting with the approval of three councilmembers."

GEORGIA LAWS 2014 SESSION

3523

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to amend an Act to provide a new charter for the City of Fort Oglethorpe, approved April 1, 1996 (Ga. L. 1996, p. 3892), as amended, so as to revise such charter; to provide for related matters; and for other purposes.
Representative Tom Weldon District 3
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Weldon, who on oath deposes and says that he is the Representative from District 3 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County on March 5, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ TOM WELDON Tom Weldon Representative, District 3
Sworn to and subscribed before me, this 6th day of March 2014.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 [SEAL]
Approved March 20, 2014.

3524

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

No. 353 (House Bill No. 850).

AN ACT

To authorize the governing authority of the City of Valdosta 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 Valdosta is authorized to levy an excise tax pursuant to said subsection at a rate not to exceed 7 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.

SECTION 2. The enactment of this Act is subsequent to the adoption of Resolution 2013-12 of the governing authority of the City of Valdosta on December 5, 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 Valdosta:
(1) In each fiscal year during which a tax is collected under paragraph (2) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 50 percent of the total amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by the City of Valdosta or by such other entity authorized to administer and expend the proceeds of such tax under a contract authorized by paragraph (2) of subsection (e) of Code Section 48-13-51 of the O.C.G.A; and

GEORGIA LAWS 2014 SESSION

3525

(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 INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the 2014 Session of the General Assembly of Georgia, local legislation, which bill shall be entitled as follows:
A bill entitled: An Act to authorize the governing authority of the City of Valdosta 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, Dexter Sharper, who on oath deposes and says that he is the Representative from District 177 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times which is the official organ of Lowndes County on December 21, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DEXTER SHARPER Dexter Sharper Representative, District 177
Sworn to and subscribed before me, this 23rd day of January, 2014.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 [SEAL]
Approved April 1, 2014.

3526

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

FULTON COUNTY COMMUNITY IMPROVEMENT DISTRICTS; DEFINITION; CREATION OF DISTRICT; APPOINTMENT OF BOARD MEMBERS.

No. 354 (House Bill No. 1115).

AN ACT

To amend an Act creating one or more community improvement districts in unincorporated Fulton County and within each municipality therein, approved April 3, 1987 (Ga. L. 1987, p. 5460), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4065), as amended, so as to change certain definitions; to change certain provisions regarding written consent of property owners; to change provisions relating to the appointment of district board members; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating one or more community improvement districts in unincorporated Fulton County and within each municipality therein, approved April 3, 1987 (Ga. L. 1987, p. 5460), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4065), as amended, is amended in Section 3 by striking paragraph (12) and inserting in lieu thereof a new paragraph to read as follows:
"(12) 'Property owner' or 'owner of real property' means any entity or person shown as a taxpayer for one or more parcels of real estate on the most recent ad valorem tax records of Fulton County within the district as certified by the chairperson of the Fulton County Board of Tax Assessors. Multiple owners of one parcel shall constitute one property owner and shall designate in writing one of their number to represent the whole."

SECTION 2. Said Act is further amended by striking paragraph (2) of Section 4 and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) Written consent to the creation of the community improvement district by: (A) A majority of the owners of real property within the district which will be subject to taxes, fees, and assessments levied by the board of the district; (B) The owners of real property within the district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board and for this purpose value shall be determined by the most recent approved county ad valorem tax digest; and

GEORGIA LAWS 2014 SESSION

3527

(C) The written consent provided for in this paragraph shall be submitted to the chairperson of the Fulton County Board of Tax Assessors who shall within 60 days of receipt of said written consent either certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each such proposed district or state in writing the reasons why certification cannot be made. No district or board created under this Act shall transact any business or exercise any powers under this Act until the conditions of this paragraph are met. A copy of such resolutions shall be filed with the Secretary of State who shall maintain a record of all districts activated under this Act and a second copy shall be filed with the Department of Community Affairs."

SECTION 3. Said Act is further amended by striking subsection (a) of Section 5 and inserting in lieu thereof a new subsection (a) to read as follows:
"(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. If more than 50 percent of the land area of the district is located within unincorporated Fulton County, two board members shall be appointed by the Fulton County Board of Commissioners, one board member shall be appointed by the governing authority of each municipality within which any portion of the district lies, and the remaining board members shall be elected by the owners of real property within the district subject to taxes, fees, and assessments levied by the board. If less than 50 percent of the land area of the district is located within unincorporated Fulton County, one board member shall be appointed by the Fulton County Board of Commissioners, one board member shall be appointed by the governing authority of each municipality within which any portion of the district lies, and the remaining board members shall be elected by the owners of real property within the district subject to taxes, fees, and assessments levied by the board. The board shall be seven in number plus one member appointed by the governing authority of each municipality as provided above. The appointed board members shall serve at the pleasure of the governing body which appointed same, respectively. The initial elected board members shall serve for terms of office as follows: two shall serve for two years, and the remaining board members shall serve for four years. Thereafter, all terms of office of elected board members shall be for four years."

SECTION 4. Said Act is further amended by striking paragraph (2) of subsection (a) of Section 14 and inserting in lieu thereof a new paragraph to read as follows:
"(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

3528

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(B) The owners of real property constituting at least 75 percent by value of all real property within the district which are to be subject to taxes, fees, and assessments levied by the board and for this purpose value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the chairperson of the Fulton County Board of Tax Assessors, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each proposed district dissolution."

SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to any community improvement district created after the effective date of this Act.

SECTION 6. 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 2014 session of the General Assembly of Georgia a bill to amend an Act creating one or more community improvement districts in unincorporated Fulton County and within each municipality therein, approved April 3, 1987 (Ga. L. 1987, p. 5460), as amended; and for other purposes.
Lynne Riley Representative
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry Geisinger, who on oath deposes and says that he is the Representative from District 48 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on February 10, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ HARRY GEISINGER Harry Geisinger Representative, District 48

GEORGIA LAWS 2014 SESSION
Sworn to and subscribed before me, this 25th day of February, 2014.

3529

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

Approved April 2, 2014.

__________

MACON-BIBB COUNTY MACON-BIBB COUNTY COMMUNITY ENHANCEMENT AUTHORITY; MEMBERSHIP; INITIAL TERM OF CHAIRPERSON; DEFINITIONS.

No. 356 (House Bill No. 896).

AN ACT

To amend an Act entitled "An Act to create the Macon-Bibb County Community Enhancement Authority," approved April 11, 2012 (Ga. L. 2012, p. 5270), so as to change the membership of such authority; to provide for the initial term of the chairperson; to define certain terms; to include targeted employment areas within the powers of the authority; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act entitled "An Act to create the Macon-Bibb County Community Enhancement Authority," approved April 11, 2012 (Ga. L. 2012, p. 5270), is amended by revising subsection (b) of Section 3 as follows:
"(b) The authority shall be governed by a board of trustees consisting of a chairperson and three members. The chairperson shall be selected by majority vote of the Bibb County Delegation to the General Assembly of Georgia. Two members shall be appointed by the chairperson. One member shall be appointed by the governing authority of Macon-Bibb County. Members shall serve terms of four years; provided, however, that the initial term of the first chairperson shall be eight years."

SECTION 2. Said Act is further amended in paragraph (3) of Section 4 as follows:

3530

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"(3) 'Category IV poverty area' means an area designated by the federal Department of Commerce as a census block in which the poverty level is 40 percent or higher. Such term shall also include any less developed census tract area which is contiguous to such a census block."

SECTION 3. Said Act is further amended in Section 4 by adding three new paragraphs to read as follows:
"(1.1) 'Benchmark county' means the county according to the most recent data from the Department of Labor and the United States Department of Commerce that ranks seventy-first from the bottom county on the highest unemployment rate, lowest per capita income, and highest percentage of residents whose income is below the poverty level." "(5.1) 'Less developed census tract area' means an area in this state comprising ten or more contiguous census tracts, each of which is equal to or worse than the benchmark county on the highest unemployment rate, lowest per capita income, and highest percentage of residents whose income is below the poverty level and designated as such by the Department of Community Affairs." "(11) 'Targeted employment area' means a Georgia Targeted Employment Area for the 1990 Immigration Act (P.L. 101-649) Investor VISA Provisions recognized by the Georgia Department of Labor."

SECTION 4. Said Act is further amended by revising paragraph (4) of Section 4 as follows:
"(4) 'Community development project' means a project developed by the authority to improve the business, commercial, and residential infrastructure of a category IV poverty area or a targeted employment area. Such project shall be designed according to the specific problems and needs of the area addressed and may, without limitation, be designed to eliminate blight, encourage the establishment or growth of commercial endeavors, or improve the quality of life in such area through the creation of affordable housing, parks, and recreation facilities and programs."

SECTION 5. Said Act is further amended by revising paragraph (5) of Section 5 as follows:
"(5) To administer funds under its control so as to engage in community development projects in category IV poverty areas and targeted employment areas; provided, however, that when an area improves to the point that it is no longer classified as a category IV poverty area or a targeted employment area, the authority shall phase out involvement in such area and turn over projects to local authorities over the period of one year following the redesignation of the area;"

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

GEORGIA LAWS 2014 SESSION

3531

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to create the Macon-Bibb County Community Enhancement Authority," approved April 11, 2012 (Ga. L. 2012, p. 5270), so as to change the membership of such authority; to provide for the initial term of the chairperson; to define certain terms; to include targeted employment areas within the powers of the authority; and for other purposes.

Representative James Beverly District 143

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Beverly, who on oath deposes and says that he is the Representative from District 143 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph which is the official organ of Bibb County on January 21, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JAMES BEVERLY James Beverly Representative, District 143

Sworn to and subscribed before me, this 3rd day of February, 2014.

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

Approved April 6, 2014.

__________

3532

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

DOWNTOWN ATHENS DEVELOPMENT AUTHORITY POWERS, DUTIES, AND RESPONSIBILITIES; APPOINTMENT OF MEMBERS; TERMS OF OFFICE; DEFINE AREA; AUTHORIZE ISSUANCE OF REVENUE BONDS AND REVENUE CERTIFICATES; EMINENT DOMAIN; TAXES; EXEMPTIONS.

No. 357 (House Bill No. 1077).

AN ACT

To amend an Act creating the Downtown Athens Development Authority, approved March 23, 1977 (Ga. L. 1977, p. 3533), as amended, which authority was created pursuant to an amendment to the Constitution as contained in Ga. L. 1975, p. 1698, and amended by Ga. L. 1976, p. 1912; to provide for the powers, duties, and responsibilities of said authority; to provide for the appointment of members of said authority and their terms of office; to define and create the Downtown Athens Area; to authorize the authority to issue revenue bonds or revenue certificates, or both; to authorize the authority to exercise the power of eminent domain; to provide for the levy and collection of taxes in the Downtown Athens Area; to exempt residence, church, and school property from such tax levies; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Pursuant to an amendment to the Constitution authorizing the creation of a public corporation to be known as the Downtown Athens Development Authority, having been ratified by the electors at the general election in November, 1976, there was created in and for the City of Athens, Clarke County, Georgia, a public corporation to be known as the Downtown Athens Development Authority, and the City of Athens having been merged into the Unified Government of Athens-Clarke County, to be composed of seven members, two of whom shall be owners of an interest of at least a life estate or greater interest in commercial real estate located in the Downtown Athens Area as hereinafter defined and who are active members of the Athens Downtown Council so long as such Council exists, and two of whom shall be operating businesses in the Downtown Athens Area as hereinafter defined and who are active members of the Athens Downtown Council so long as such Council exists. These four members shall be appointed by the Mayor and Commission of the Unified Government of Athens-Clarke County. One member shall be the Mayor of the Unified Government of Athens-Clarke County by virtue of his or her office, one member shall be a member of the Commission of Athens-Clarke County, Georgia, appointed by the Mayor, and one member shall be the Chairperson or other designee of the Board of Directors of the Athens Area

GEORGIA LAWS 2014 SESSION

3533

Chamber of Commerce, or its successor, by virtue of his or her office. The Mayor of the Unified Government of Athens-Clarke County, the member of the Commission of Athens-Clarke County, and the Chairperson of the Athens Area Chamber of Commerce shall serve for the term of their offices. One of the Downtown Athens Area property owners and one of the merchants shall be appointed for a period of one year and one of each shall be appointed for a period of two years, and thereafter the terms of office for all of said Downtown Athens Area property owners and merchants shall be two years. All appointed members shall hold office until their successors are appointed and qualified.

SECTION 2. The Downtown Athens Area shall consist of that area in Athens-Clarke County, Georgia, described as follows:
Beginning at the intersection of Dougherty Street and Pulaski Street; running thence east on Dougherty Street to College Avenue; running thence north on College Avenue to Hoyt Street; running thence east on Hoyt Street to The Central of Georgia Railroad; running thence south on The Central of Georgia Railroad to Strong Street; running thence east on Strong Street to Foundry Street; running thence south on Foundry Street to Oconee Street; running thence southeast on Oconee Street to The Central of Georgia Railroad; running thence southwest on the Central of Georgia Railroad 150 feet; running thence northwest on a line of 150 feet southwest of and parallel to the southwesterly right of way line of Oconee Street to the intersection of South Thomas Street and South Street; running thence west on South Street to South Jackson Street; running thence north on South Jackson Street to East Broad Street; running thence west on East Broad Street to Lumpkin Street; running thence south on Lumpkin Street to Wray Street; running thence west on Wray Street to South Hull Street; running thence north on South Hull Street to a point 200 feet south of the southerly right of way line of West Broad Street; running thence west, on a line 200 feet south of and parallel to the southerly right of way line of West Broad Street, to the westerly property line of Dr. B. T. Beasley and the City of Athens, said line being located 181 feet east of the easterly right of way line of Florida Avenue, measured perpendicular from Florida Avenue; running thence north on said property line to West Broad Street; running thence west on West Broad Street to Newton Street; thence south to Newton Street to the southerly line of the Ramada Inn property; thence westerly along said property line and continuing westerly in the same direction to the easterly side of Finley Street; thence northerly along Finley Street to Reese Street; thence easterly along Reese Street to Pulaski Street; thence northerly along Pulaski Street to the intersection of Pulaski and Dougherty Streets, the beginning point.

SECTION 3. The Downtown Athens Development Authority shall be a body corporate and politic, having the power to sue and be sued in its own name, to contract, to acquire, own, hold, lease, sell, and convey real and personal property, tangible and intangible; to borrow money; to pledge

3534

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

and convey property as security therefor, and to do all things necessary to the accomplishment of its purposes; and to accept gifts or grants.

SECTION 4. The purpose of said authority shall be the redevelopment of the Downtown Athens Area, and said authority shall have the power to employ engineers and planners, and other agents and professional services, as it may deem necessary; to contract for the construction, remodeling, and altering of buildings; and to contract with the Unified Government of Athens-Clarke County, Georgia, and others for the construction, reconstruction, altering, changing, and closing of streets, sidewalks, passageways, and alleys.

SECTION 5. The Downtown Athens Area, as now or hereafter defined, shall constitute a special tax district. The Downtown Athens Development Authority shall have the power to submit for approval to the Unified Government of Athens-Clarke County, Georgia, a proposed millage rate to be collected based on values of real property in the Downtown Athens Area as herein or hereafter defined, fixed from time to time by the tax digest of Athens-Clarke County, such millage rate not to exceed one mill, for the operation of the authority. Upon approval by the Mayor and a two-thirds' vote of the Commission of the Unified Government of Athens-Clarke County, Georgia, such taxes shall be levied and collected by the Clarke County Tax Commissioner in the same manner as other ad valorem taxes are levied and collected but shall be kept in a special fund or funds restricted to the uses for which such taxes were levied and collected.

SECTION 6. The authority shall have the power:
(1) To buy, acquire, construct, develop, rehabilitate, improve, own, operate, maintain, sell, lease, and mortgage land, buildings, parking facilities, malls, arcades, roadways, street lights, sidewalks, and property of all kinds and character, including, but not limited to machinery, apparatus, equipment, and utilities useful or desirable in connection therewith, within the Downtown Athens Area which promote the economic improvement and development or redevelopment of the Downtown Athens Area; (2) To receive and administer gifts, grants, and donations and to administer trusts and to enter into trust indentures; (3) To grant, loan, sell, and lease any of its funds and property to private persons and corporations agreeing to operate, expand, acquire, construct, develop, rehabilitate, improve, own, and maintain any commercial or business enterprise or establishment or any dwelling accommodations, cooperative apartments, and condominiums within the Downtown Athens Area, which in the judgment of the governing body of the authority will be of benefit to the economic improvement and development or redevelopment of said area;

GEORGIA LAWS 2014 SESSION

3535

(4) To borrow money and issue notes, obligations, and revenue bonds therefor and to sell, convey, mortgage, pledge, and assign proceeds of tax levied within the Downtown Athens Area, and any and all of its funds, revenues, property, and income as security for the payment thereof and interest thereon and to secure the repayment of any such money so borrowed by the terms of the resolution authorizing such financing and to enter into a trust indenture relative thereto; (5) To appoint and employ officers, agents, and employees and to provide for their compensation in order to effectuate the purposes of this Act; (6) To encourage and promote the economic improvement, development, redevelopment, and rehabilitation of the Downtown Athens Area and to make long-range plans therefor in cooperation with the Unified Government of Athens-Clarke County, Georgia; (7) To accumulate its funds from such tax levy herein authorized from year to year and to invest and reinvest such funds; (8) To designate any of its officers to sign and act for the authority pertaining to the rights, powers, and privileges herein conferred; (9) To do any and all acts and things necessary, convenient, or desirable to accomplish the purpose of this Act and the rights, powers, and privileges herein conferred; (10) To contract with the Unified Government of Athens-Clarke County, Georgia, for the collection of any taxes levied pursuant to this Act; (11) To adopt such bylaws governing the conduct of the affairs of the authority and to elect such officers as the authority shall deem necessary; (12) To exercise all of the powers vested in the authority by Article IX, Section V, Paragraphs I, IV, and V of the Constitution of the State of Georgia and Chapter 42 of Title 36 of the Official Code of Georgia Annotated and all other necessary and ancillary powers necessary to carry out the provisions of said legislation as it pertains to the Downtown Athens Development Authority; (13) The revenue bonds or other obligations herein authorized to be issued shall not be deemed to constitute a debt of the Unified Government of Athens-Clarke County, Georgia, within the meaning of Article IX, Section VII, Paragraph I of the Constitution, nor a pledge of the faith and credit of the Unified Government of Athens-Clarke County, Georgia, nor shall the Unified Government of Athens-Clarke County, Georgia, be subject to any pecuniary liability thereon. The revenue bonds shall not be payable from, nor a charge upon, funds of the Unified Government of Athens-Clarke County, Georgia. If given as security for bonds or other obligations, any bondholder or lender shall have the right to compel the authority and the Unified Government of Athens-Clarke County, Georgia to levy the special tax herein provided for within the limit herein prescribed to pay the bonds or other obligations and interest thereon; and (14) The authority is hereby authorized to issue revenue bonds or other obligations from time to time to carry out the purposes of this Act. Revenue bonds or other obligations so issued shall be paid solely from the revenues pledged to the payment thereof, which revenues may include any funds derived from the special tax levy provided hereunder.

3536

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Such revenue bonds or obligations shall be authorized by resolution of the governing body of the authority, which may be adopted at a regular or special meeting by a majority vote of the members of said governing body. The governing body of the authority in determining the cost of any undertaking for which revenue bonds or obligations are to be issued may include all costs relative to the issuance thereof, and without intending to limit such costs, may include architectural, engineering, inspection, fiscal agents', and legal expenses estimated to accrue from the date of any such bonds through the period of construction and for six months after such construction, and such bonds or other obligations shall bear such date or dates, mature at such time or times, not exceeding 40 years from their respective dates, bear interest at such rate or rates, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds may provide. The authority is created for nonprofit and public purposes, and it is hereby found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the State of Georgia, that the authority is an institution of purely public charity, and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act, and for such reasons, the State of Georgia covenants from time to time with the holders of the bonds and other obligations issued hereunder that the authority shall be required to pay no taxes or assessments imposed by the State of Georgia or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others, or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise, and that the bonds and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the State of Georgia. The terms, conditions, covenants, and provisions contained in any such resolution authorizing the issuance of such bonds and other obligations shall bind said governing body then in office and its successors thereof, including any covenant to levy taxes within the limits herein prescribed for the purpose of providing such funds as may be necessary to pay the principal and interest on any such issue or issues of said bonds and other obligations and to create and maintain a reserve for that purpose. Bonds issued by said authority shall be validated in the Superior Court of Clarke County in the same manner as revenue bonds of municipalities are validated as provided under the Revenue Bond Law (O.C.G.A. Section 36-82-60, et seq.) (Ga. L. 1937, p. 761) as amended. There shall be no limitation upon the amount of revenue bonds or other obligations which the authority may issue.

GEORGIA LAWS 2014 SESSION

3537

SECTION 7. No taxes shall be levied for the authority for any purpose against property occupied by the owner exclusively as a residence or property used exclusively for church and educational purposes.

SECTION 8. The authority shall have the right and power of eminent domain for the purpose of acquiring property for public use in the carrying out of its aims and objectives; provided, however, that no such power shall be exercised as to any specific property until a resolution has been adopted by the Mayor and a two-thirds' vote of the Unified Government of Athens-Clarke County, Georgia, approving the condemnation of such property.

SECTION 9. The power to tax and to issue bonds or revenue certificates shall require the approval of the Mayor and a two-thirds' vote of the Unified Government of Athens-Clarke County, Georgia, as a condition precedent thereto, and with regard to any tax levy recommended to pay any indebtedness evidenced by bonds or revenue certificates issued by the authority, the approval of the levy shall be mandatory to the extent that the proceeds therefrom are necessary for the payment of current principal and interest requirements and the maintenance of sinking fund requirements therefor.

SECTION 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that the tax levies provided for herein shall be effective beginning January 1, 2015.

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

PUBLIC NOTICE OF INTENT TO INTRODUCE LEGISLATION
NOTICE IS HEREBY GIVEN THAT A BILL TO AMEND AND REVISE THE CHARTER CREATING THE DOWNTOWN ATHENS DEVELOPMENT AUTHORITY a/k/a. THE ATHENS DOWNTOWN DEVELOPMENT AUTHORITY SHALL BE INTRODUCED IN THE GENERAL ASSEMBLY OF GEORGIA DURING THE 2014 LEGISLATIVE SESSION.
THIS 17th DAY OF JANUARY, 2014.

3538

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

ATHENS DOWNTOWN DEVELOPMENT AUTHORITY 246 W. HANCOCK AVE ATHENS, GA 30601

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 17, 2014, 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 24th day of February, 2014.

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

Approved April 7, 2014.

__________

DOUGLAS COUNTY HOTEL/MOTEL TAX

No. 358 (House Bill No. 543).

AN ACT

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2014 SESSION

3539

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 Douglas County 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 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 Douglas County 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 the resolution of the governing authority of Douglas County adopted on January 22, 2013:
(1) In each fiscal year during which a tax is collected pursuant to paragraph (3) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 50 percent of the total amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by Douglas County; and (2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a bill to authorize the governing authority of Douglas County to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; and for other purposes.

3540

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Micah Gravley, who on oath deposes and says that he is the Representative from District 67 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel which is the official organ of Douglas County on February 28, 2013, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MICAH GRAVLEY Micah Gravley Representative, District 67

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 10, 2014.

__________

BRANTLEY COUNTY BRANTLEY COUNTY AIRPORT AUTHORITY; REPEAL.

No. 359 (House Bill No. 655).

AN ACT

To repeal an Act creating the Brantley County Airport Authority, approved May 14, 2008 (Ga. L. 2008, p. 4380); to provide for the transfer of all assets, property, and legal rights and obligations of the Brantley County Airport Authority to Brantley County; to provide for transfer of records and pending matters; to provide for transfer of employees; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2014 SESSION

3541

SECTION 1. An Act creating the Brantley County Airport Authority approved May 14, 2008 (Ga. L. 2008, p. 4380), is repealed in its entirety.

SECTION 2. All assets, property, and legal rights and obligations, including but not limited to all bonded indebtedness, of the Brantley County Airport Authority created pursuant to the local Act specified in Section 1 of this Act shall devolve by operation of law upon Brantley County as of the effective date of this Act.

SECTION 3. All records of the Brantley County Airport Authority and all matters pending before the Brantley County Airport Authority are hereby transferred to the governing authority of Brantley County, and said governing authority is hereby given power and jurisdiction to determine such matters.

SECTION 4. All persons who were employees of the Brantley County Airport Authority as of the date immediately prior to the effective date of this Act, if any, shall become employees of Brantley County.

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 repeal an Act creating the Brantley County Airport Authority, approved May 14, 2008, (Ga. L 2008, p. 4380); to provide for the transfer of all assets, property, and legal rights and obligations of the Brantley County Airport Authority to Brantley County, to provide for transfer of records and pending matters, to provide for transfer of employees; 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 Brantley County Express which is the official organ

3542

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

of Brantley County on March 7, 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 19th day of March 2013.

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

Approved April 10, 2014.

__________

CITY OF AVALON NEW CHARTER.

No. 360 (House Bill No. 664).

AN ACT

To provide for a new charter for the City of Avalon; to provide for incorporation, corporate boundaries, and powers of the city; to provide for the form of government, terms and qualifications of officeholders, filling vacancies, compensation of officeholders, powers of duties of the city council, duties of the mayor, veto power, and a mayor pro tempore; to provide for council meetings, rules of procedure, quorums, enactment and codification of ordinances, and codes of technical regulations; to provide for boards, commissions, and authorities, personnel administration, and a city clerk; to provide for elections and special elections, and grounds and procedures for removal from offices; to provide for property taxes, levy of taxes, millage rates, collection of delinquent taxes, license fees and occupation taxes, sewer service charges, special assessments, general obligation and revenue bonds, and preparation of an operating budget; to provide for official bonds, retention of certain existing ordinances, and penalties; to repeal specific laws; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2014 SESSION
ARTICLE I. INCORPORATION, POWERS
SECTION 1.10. Incorporation.

3543

The City of Avalon, Georgia, in the County of Stephens and the inhabitants thereof shall continue to be a body politic and corporate under the name and style of the City of Avalon, Georgia, this charter providing for a change in the name from the Town of Avalon. Under that name, said city shall continue to be vested with all of the property and rights of property which now belong to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it and from time to time may hold or invest, sell or dispose of the same; may have a common seal and alter and renew the same at will; and may exercise in conformity with this charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever.

SECTION 1.11. Corporate boundaries.

The corporate limits of the City of Avalon shall embrace and consist of the territory as it exists at the time of the approval of this charter confined within the following described boundary: the corporate limits shall extend three-fourths of a mile (except as herein set out) in every direction from the center of the former Elberton Southern Railway depot property generally at the point of intersection of present State Highway 17 with Avalon Road, but on the south side where such three-fourths mile boundary would overlap the corporate limits of the town of Martin, the corporate limits of the City of Avalon shall be the corporate limits of the town of Martin as the corporate limits of the town of Martin were prescribed by law in 1910, plus any property properly annexed to the corporate limits of the City of Avalon from 1910 to the present, if any.

SECTION 1.12. Specific powers.

The corporate powers of the government of the City of Avalon to be exercised by the governing authority shall include the following:
(1) To levy and to provide for the assessment and collection of taxes on all property subject to taxation; (2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions and to license and regulate such privileges,

3544

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

occupations, trades, and professions and to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses; (3) To levy and collect such other taxes as may be allowed now or in the future by state law; (4) To make appropriations for the support of the government of the city, to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the city; (5) To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this charter or the laws of the State of Georgia; (6) 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; (7) To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (8) To condemn property, inside or outside the corporate limits of the city for present or future use, and for any corporate purpose deemed necessary by the governing authority, under Title 22 of the Official Code of Georgia Annotated, as amended, or under other applicable Public Acts as are or may be enacted; (9) To acquire, lease, construct, operate, maintain, sell and dispose of public utilities including but not limited a system of waterworks, sewers, and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; (10) To grant franchises or make contracts for public utilities; to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Public Service Commission; (11) To lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of and light streets, roads, alleys, and walkways within the corporate limits of the city; (12) To grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts, for the use of public utilities; (13) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities; and any other public

GEORGIA LAWS 2014 SESSION

3545

improvements, inside or outside the corporate limits of the city; and to regulate the use thereof, and for such purposes property may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated, as amended, or other applicable Public Acts, as are or may be enacted; (14) To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (15) To regulate the erection and construction of buildings and all other structures; to adopt building, zoning, housing, plumbing, electrical, gas and heating and air conditioning codes and to regulate all housing, building, and building trades; to license all building trades, and to license the construction and erection of buildings and all other structures; (16) To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (17) To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, transportation or distribution of intoxicating drugs, liquors, wines and beer and the use and sale of firearms; and 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; (18) To regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, adult entertainment and shows of any kind whatever, by taxation or otherwise; (19) To license, tax, regulate or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (20) 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 right-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; (21) To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (22) 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; (23) To fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to firefighting, and to prescribe penalties and punishment for violation thereof; (24) To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (25) To provide for the collection and disposal of rubbish, refuse and other solid waste; to regulate the collection and disposal of garbage, rubbish, refuse and other solid waste by

3546

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

others; 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; to recover and utilize resources contained in solid waste for production of energy and other purposes; (26) To levy, fix, assess, and collect a garbage, refuse, and trash and waste 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; (27) To levy a fee, charge or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewer disposal plant or plants and sewerage systems, and to levy on the users of sewers and sewerage systems a sewer service charge fee or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; (28) To charge, impose and collect a sewer connection fee or fees, and to change the same from time to time; such fees to be levied on the users connecting with the sewerage system; (29) To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (30) To define a nuisance and provide for its abatement whether on public or private property; (31) 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; (32) To establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing, for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city and to provide for the enforcement of such standards; (33) To provide that persons given jail sentences in the municipal court shall work out such sentence in any public works or on the streets, roads, drains, and squares of the city; or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (34) To adopt ordinances and regulations for the prevention of loitering, disorderly conduct, public drunkenness and disturbing the peace in the corporate limits of the city and to prohibit the playing of lotteries therein, and to prohibit or regulate by ordinance such other conduct and activities within the city which, while not constituting an offense against the laws of this state, is deemed by the governing authority to be detrimental and an offense to the peace and good order of the city or to the welfare of the citizens thereof; (35) To regulate and license, or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; to provide for their disposition by sale, gift, or humane destruction, when not

GEORGIA LAWS 2014 SESSION

3547

redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (36) 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; (37) 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 and rent parking spaces in public ways for the use of such vehicles; (38) To provide and maintain a system of pensions and retirement for officers and employees of the city; (39) To levy and provide for the collection of special assessments to cover the costs for any public improvements; (40) To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations providing for services to be furnished and payments to be made therefor; (41) To create, alter or abolish departments, boards, offices, commissions and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (42) To make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the city and the inhabitants thereof, and for preserving the health, peace, order and good government of the city; (43) To provide penalties for violation of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (44) To exercise the power of arrest through duly appointed policemen and to organize and operate a firefighting agency; (45) 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; (46) To provide comprehensive city planning for development by zoning, subdivision regulations and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (47) To organize and operate an urban redevelopment program; (48) To organize and operate such public transportation systems as are deemed beneficial; and (49) 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 if fully enumerated herein; and to exercise all powers now or in the future authorized to be

3548

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.13. General powers.

In addition to all other powers herein granted, the city shall be vested with any and all powers which municipal corporations are, or may hereafter be, authorized or required to exercise under the Constitution and laws of the State of Georgia, as fully and completely as though such powers were specifically enumerated herein; and any and all powers which the city was heretofore authorized to exercise upon the effective date of this charter.

SECTION 1.14. Construction.

The powers of the city shall be construed liberally and in favor of the city. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general power of the city as stated in this charter. It is the intention hereof to grant to the city full power and right to exercise all governmental authority necessary for the effective operation and conduct of the city and all of its affairs.

SECTION 1.15. Exercise of powers.

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

ARTICLE II. GOVERNING BODY
SECTION 2.10. Form of government.

The government of the City of Avalon shall be vested in a mayor and city council, said council to be composed of five council persons chosen as hereinafter provided.

GEORGIA LAWS 2014 SESSION
SECTION 2.11. Terms and qualifications of office.

3549

The members of the council shall serve for terms of four years and until their respective successors are elected and qualified. The mayor shall serve for a term of four years and until his or her successor is elected and qualified. No person shall be eligible to serve as mayor or council person 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 of mayor or council person; (2) continues to reside within the city during his or her period of service; and (3) is registered and qualified to vote in municipal elections of the City of Avalon.

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

(a) The office of mayor or council person 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 laws of the State of Georgia. (b) The mayor or any council person shall forfeit his or her office if he or she: (1) lacks at any time during the term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) willfully and knowingly violates any express prohibition of this charter; or (3) is convicted of a crime involving moral turpitude. (c) A vacancy in the office of mayor or council person shall be filled for the remainder of the unexpired term, if any, as provided for in Article IV of this charter.

SECTION 2.13. Compensation and expenses.

The mayor and council persons shall receive as compensation for their services an amount prescribed by ordinance passed by the council in conformity with the laws of the State of Georgia. The mayor and council persons shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office.

SECTION 2.14. Prohibitions.

(a) Except as authorized by law, no member of the council shall hold any other elective municipal office or municipal employment in the City of Avalon during the term for which he or she was elected. (b) Neither the mayor nor any council person shall vote upon any question in which he or she is personally interested.

3550

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.15. Inquiries and investigations.

The council may make inquiries and investigations into 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.

SECTION 2.16. General power and authority of the council.

(a) Except as otherwise provided by law or by this charter, the council shall be vested with all the powers of government of the City of Avalon provided in Article I of this charter. (b) In addition to all other powers conferred on it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules and regulations, not inconsistent with this charter, the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient or helpful for the peace, good order, protection of life and property, health and welfare, sanitation, comfort, convenience prosperity or well-being of the inhabitants of the City of Avalon and may enforce such ordinances, resolutions, rules and regulations by imposing penalties for violation thereof. (c) The council may by ordinance create, change, alter, abolish, or consolidate offices, agencies and departments of the city and may assign additional functions to any of the offices, agencies and departments expressly provided for by this charter.

SECTION 2.17. Duties of mayor.

The mayor shall be the chief executive officer of the City of Avalon. 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. The mayor shall:
(1) Preside at all meetings of the council; (2) Vote as a member of the council only at such times as are necessary to break a tie or deadlock of the council; (3) Be the official head of the city for the service of process and for ceremonial purposes; (4) Have power to administer oaths and to take affidavits; (5) Sign all written contracts entered into by the council on behalf of the city and all other contracts and instruments executed by the city which by law are required to be in writing; (6) See that all laws and ordinances of the city are faithfully executed; and (7) Perform other duties as may be required by law, this charter or ordinance.

GEORGIA LAWS 2014 SESSION
SECTION 2.18. Submission of ordinance to the mayor; veto power.

3551

(a) Every ordinance adopted by the city council shall be presented promptly by the clerk to the mayor. (b) The mayor, within four calendar days of receipt of an ordinance, shall 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 the veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting and should the city council then or at its next general meeting adopt the ordinance by an affirmative vote of three members, it shall become law.

SECTION 2.19. Organization meeting.

The council shall meet for organization on the date and at the time of the first regular meeting in January following each regular election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to all newly elected officials of the city as follows:
"I, ________, do solemnly swear that I will well and truly perform the duties of mayor (or member of the council, as the case may be) of the City of Avalon to the best of my skill and ability, without favor or affection; that I will adopt such measures, rules and regulations as in my judgment shall be best calculated to promote the welfare of the inhabitants of said city, so help me God." Each newly elected official shall subscribe the oath and file it with the city clerk who shall record it in the minutes of the meeting.

SECTION 2.20. Mayor pro tempore.

At the organization meeting described in Section 2.19 of this charter, the council shall elect one of its members mayor pro tempore for that year who shall discharge the duties and exercise the powers and authority of mayor in the absence, disability, or disqualification of the mayor and during a vacancy in the office of mayor; provided, that his or her rights and duties as council person shall remain unimpaired.

3552

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.21. Regular and special meetings.

(a) The council shall hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such meetings on any weekday or hour it may fix, and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the council may be held on call of the mayor or by three members of the council. Notice of such special meetings shall be served on all other members personally or by telephone personally, or shall be left at their residence at least 24 hours in advance of the meeting. Such notice shall not be required if the mayor and all council persons are present when the special meeting is called. Attendance at a special meeting shall constitute a waiver of notice of the special meeting. Only the business stated in the call may be transacted at the special meeting, except by unanimous consent of all members present. With such consent, any business which may be transacted in a regular meeting may be conducted at the special meeting.

SECTION 2.22. Rules of procedure.

The council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for the keeping of a journal of its proceedings, which shall be a public record.

SECTION 2.23. Quorum; voting.

The mayor or mayor pro tem and three council persons shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal. Any member of the council shall have the right to request a roll call vote. The affirmative vote of a majority of the council persons in attendance, or council persons and the mayor in case of a deadlock or tie, provided there is a quorum present at the time of the vote, shall be required for the adoption of any ordinance, resolution or motion except as otherwise provided in this charter.

SECTION 2.24. Enactment of ordinances.

(a) Except as herein provided, every official action of the council which is to become law shall be by ordinance. Each proposed ordinance shall be introduced in writing and in the

GEORGIA LAWS 2014 SESSION

3553

form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be: "Be it ordained by the city council of Avalon......" Any ordinance which repeals or amends an existing ordinance shall set forth the ordinance sections or subsections to be repealed or amended. (b) An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish. Every ordinance which becomes law shall be signed by the mayor.

SECTION 2.25. Code 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 a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.

SECTION 2.26. Authentication, recording and codification of ordinances.

(a) The city clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The council may provide for the preparation of a general codification of all ordinances of the city having the force and effect of law. The general codification may be adopted by the council by ordinance, and if so adopted, shall be known as "The Code of the City of Avalon, Georgia." All ordinances enacted subsequent to the adoption of the code shall be incorporated therein.

ARTICLE III. EXECUTIVE BRANCH
SECTION 3.10. Administrative and service departments.

(a) Except as otherwise provided in this charter, the council, by ordinance, may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city, as it shall deem necessary, for the proper administration of the affairs and government of the city; shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or

3554

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the function or duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinances of the council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance, and shall be subject to the general supervision and guidance of the council. (c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the city shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for an original appointment. (d) Except as otherwise provided 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. (e) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance or resolution of the city council.

SECTION 3.11. Boards, commissions, and authorities.

(a) All members of boards, commissions, and authorities of the city shall be appointed by the council for such terms of office and such manner of appointment as provided by ordinance or resolution, except where other appointing authority, term of office or manner of appointment is prescribed by this charter or by applicable state law. (b) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or any applicable state law. (c) No member of any board, commission, or authority shall assume office until he or she shall have executed and filed with the clerk of the city an oath obligating such person to faithfully and impartially perform the duties of office, such oath to be prescribed by ordinance of the council and administered by the mayor. (d) Any member of any board, commission, or authority may be removed from office, for cause, by a majority vote of the members of the council. (e) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance or resolution. (f) The qualifications required of members of boards, commissions, and authorities shall be as prescribed by ordinance or resolution. (g) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the city government shall elect one of its members as chairperson and one member as vice-chairperson for terms of one year and may elect as its

GEORGIA LAWS 2014 SESSION

3555

secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city, or applicable state law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the clerk of the city.

SECTION 3.12. Personnel administration.

The council may adopt ordinances, rules and regulations consistent with this charter dealing with: (1) the method of employment selection and probationary periods of employment; (2) adoption and administration of a position classification and pay plan, including methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; and (4) such other personnel policies and procedures as may be necessary to provide for adequate and systematic handling of the personnel affairs of the city.

SECTION 3.13. City clerk.

The council shall appoint a city clerk, who shall also serve as the city treasurer, with such compensation as shall be provided in the annual budget as adopted by the council. The city clerk shall keep a journal of the proceedings of the city council, maintain in a safe place all records and documents pertaining to the affairs of the city and perform such other duties as may be required by law or as the council may direct.

ARTICLE IV. ELECTIONS SECTION 4.10. Regular elections.

(a) An election shall be held on the first Tuesday in November of every other year to elect council persons to fill the terms of those council persons whose terms expire at the end of that year and to fill the office of mayor in those years in which his or her term of office expires. Each council person position shall be designated with a post number and posts 1, 3 and 5 shall be elected in the first general election following approval of this charter and posts 2 and 4 shall be elected in the general election two years later and elections for such posts shall be held every four years thereafter so as to provide for staggered terms for council persons.

3556

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(b) Nothing contained herein shall affect the offices of those persons presently serving as mayor and council persons at the date of approval of this Act, but said officers shall serve out the remainder of their offices as hereinbefore may have been provided by law.

SECTION 4.11. Applicability of general laws.

The procedures and requirements for election of all elected officials of the City of Avalon as to primary, special, and general elections shall be in conformity with the provisions of the Georgia Election Code as now or hereafter amended.

SECTION 4.12. Special elections; vacancies.

In the event that vacancies occur in one or more elected offices of the city for any cause whatsoever, the mayor or the council, or those remaining, or, if none, any three or more citizens and voters of the city, may order a special election to fill the balance of the unexpired term of such office; provided, however, if at least three council persons or two council persons and the mayor remain said vacancies in office may be filled by appointment by the remaining members of the council. Both special elections and qualifications of candidates therefor shall conform to the applicable provisions of this charter and the Georgia Election Code and general Georgia laws as now or hereafter amended.

SECTION 4.13. Grounds for removal.

The mayor or any council person shall be subject to removal from office for any one or more of the following causes:
(1) Misfeasance or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Willful violation of any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by law.

GEORGIA LAWS 2014 SESSION
SECTION 4.14. Procedures for removal.

3557

Removal of an elected officer from office may be accomplished by one of the following methods:
(1) By action of two-thirds vote of the entire membership of the council. In the event an elected officer is sought to be removed by the action of the council, such officer shall be entitled to a written notice specifying the grounds for removal and to a public hearing which shall be held not less than ten days from 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 council to the Superior Court of Stephens County, such appeal to be governed by the same rules as govern appeals to the superior court from the probate court. (2) By information filed in the Superior Court of Stephens County as provided by law. (3) By recall as now or hereafter provided by Georgia law.

ARTICLE V. FINANCIAL AND FISCAL MATTERS
SECTION 5.10. Property taxes.

All property subject to taxation for state or county purposes, assessed as of January 1 in each year, shall be subject to the property tax levied by the City of Avalon.

SECTION 5.11. Tax levy.

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; 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 5.12. Millage rates; due dates; tax bills.

The council by ordinance shall establish a millage rate for general operating funds, for the city property tax; a due date; and in what length of time those taxes must be paid. The council by ordinance may provide for the payment of these taxes by installation or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due,

3558

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

and may, in its discretion, provide for a reduction in the amount due for such voluntary payment.

SECTION 5.13. Collection of delinquent taxes.

The council may provide by ordinance for the collection of delinquent taxes by fi.fa. issued by the city clerk and executed by any police officer of the city under the same procedure provided by the 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 upon which city property taxes are levied, as of the assessment date of each year, which lien shall be superior to all other liens, except that it shall have equal dignity with those of federal, state, or county taxes. In cases of hardship, the council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, fees, assessments or on other amounts due to the city.

SECTION 5.14. License fees, occupational taxes, excise taxes.

The council by ordinance shall have full power to levy such license fees and specific or occupation taxes upon the residents of the City of Avalon, both individual and corporate, and on all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the council may deem expedient for the public health, safety, benefit, convenience or advantage of the city; to classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; and to make laws and regulations necessary or proper to carry out the powers herein conferred, and to prescribe penalties for the violation thereof. The council shall have full power and authority to levy an excise tax not prohibited by general law.

SECTION 5.15. Sewer service charges.

The council by ordinance shall have the right, power and authority to assess and collect fees, charges, and tolls for sewer services rendered both within and without the corporate limits of the City of Avalon, to provide for the cost and expense of providing for the collection and disposal of sewage through the sewerage facilities of the city. If unpaid, said sewer service charge shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and city property taxes and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes.

GEORGIA LAWS 2014 SESSION
SECTION 5.16. Sanitary and health service charges.

3559

The council shall have authority by ordinance to provide for, to enforce, to levy and to collect the cost of sanitary and health services necessary in the operation of the city from all individuals, firms and corporations, residing in or doing business in the city benefiting from such service. Such authority shall include the power to assess, levy and collect annual or monthly sanitary taxes or fees in such amount or amounts, and based upon and in accordance with such classification of property and sanitary service or service provided, as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed, and the owner or owners thereof, superior to all other liens, except liens for county and city property taxes, and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes.

SECTION 5.17. Special assessments.

The council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances 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, shall thereupon be subject, in addition to fi.fa. charges, to a penalty of 10 percent and shall thereafter be subject to interest at the rate of 9 percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided for in this article for city property taxes.

SECTION 5.18. Construction; other taxes.

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

SECTION 5.19. Transfer of executions.

The city clerk shall be authorized to assign or transfer any fi.fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent

3560

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

as provided by Georgia law regarding sales and transfers of fi.fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title and interest as provided by Georgia law governing sales and transfer of fi.fas. Provided that, upon levy of execution and sale of property pursuant to such tax fi.fa. whether assigned, transferred or executed by the city, the owner of such property, in fee simple or lesser interest, shall not lose his or her right to redeem the property in accord with the requirements of redemption of property sold under state or county ad valorem tax fi.fas., as said requirements now exist or as may be hereinafter provided by law.

SECTION 5.20. 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 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 5.21. Revenue bonds.

Revenue bonds may be issued by the council as state law now or hereafter provides.

SECTION 5.22. Fiscal year; preparation and adoption of operating budget.

(a) The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting unless otherwise provided by state or federal law. (b) On or before a date fixed by the council prior to the beginning of each fiscal year, the council shall adopt a budget for the ensuing fiscal year. The council shall provide by ordinance the procedures and requirements for the preparation and execution of said annual budget. The budget and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

GEORGIA LAWS 2014 SESSION
ARTICLE VI. GENERAL PROVISIONS
SECTION 6.10. Official bonds.

3561

The officers and employees of the City of Avalon, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the city council may from time to time require.

SECTION 6.11. Existing ordinances and regulations.

Existing ordinances and resolutions of the City of Avalon not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended by the council. The existing rules and regulations of departments or agencies of the City of Avalon not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended.

SECTION 6.12. Section captions.

The captions to the several sections of this charter are informative only and are not to be considered as a part thereof.

SECTION 6.13. Penalties.

The violation of any provision of this charter, for which penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed six months, or both such fine and imprisonment.

SECTION 6.14. Specific Repealer.

This Act shall constitute the whole charter of the City of Avalon, in the County of Stephens, repealing and replacing the charter provided by an Act of the General Assembly, approved August 9, 1909 (Ga. Laws 1909, p. 562), as amended by an Act of the General Assembly, approved August 13, 1910 (Ga. Laws 1910, p. 380), and all Acts amendatory thereto.

3562

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 Avalon; and for other purposes.
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 Taccoa Record which is the official organ of Stephens County on March 21, 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 25th day of March 2013.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia

GEORGIA LAWS 2014 SESSION
My Commission Expires January 23, 2015 (SEAL)

3563

Approved April 10, 2014.

__________

TERRELL COUNTY CORONER; NONPARTISAN ELECTIONS.

No. 361 (House Bill No. 709).

AN ACT

To provide that future elections for the office of coroner of Terrell County shall be nonpartisan elections; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. All elections for the office of coroner of Terrell County conducted after January 1, 2015, shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. Such nonpartisan elections shall be held in conjunction with the November general election immediately preceding expiration of the term of office and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

SECTION 2. Nothing in this Act shall affect the term of office of the coroner of Terrell County in office on January 1, 2015. 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.

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

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that at the 2014 Session of the Georgia General Assembly, local legislation will be introduced to provide that future elections for the office of Coroner of Terrell County shall be nonpartisan elections; to provide for related matters; to repeal conflicting laws; and for other purposes.

3564

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Terrell County Commission

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Greene, who on oath deposes and says that he is the Representative from District 151 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the The Dawson News which is the official organ of Terrell County on November 28, 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 5th day of December, 2013.

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

Approved April 10, 2014.

__________

RANDOLPH COUNTY CORONER; NONPARTISAN ELECTIONS.

No. 362 (House Bill No. 710).

AN ACT

To provide that future elections for the office of coroner of Randolph County shall be nonpartisan elections; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2014 SESSION

3565

SECTION 1. All elections for the office of coroner of Randolph County conducted after January 1, 2015, shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. Such nonpartisan elections shall be held in conjunction with the November general election immediately preceding expiration of the term of office and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

SECTION 2. Nothing in this Act shall affect the term of office of the coroner of Randolph County in office on January 1, 2015. 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.

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 2014 session of the General Assembly of Georgia a bill to provide that future elections for the office of coroner of Randoph County shall be nonpartisan elections; to provide for related matters; to repeal conflicting laws; 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 The Citizen's Times which is the official organ of Randoph County on December 18, 2013, and that the notice requirements of Code Section 28-1-14 have been met.
s/ GERALD GREENE Gerald Greene Representative, District 151

3566

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 8th day of January, 2014.

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

Approved April 10, 2014.

__________

CLAY COUNTY CORONER; NONPARTISAN ELECTIONS.

No. 363 (House Bill No. 711).

AN ACT

To provide that future elections for the office of coroner of Clay County shall be nonpartisan elections; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. All elections for the office of coroner of Clay County conducted after January 1, 2015, shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. Such nonpartisan elections shall be held in conjunction with the November general election immediately preceding expiration of the term of office and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

SECTION 2. Nothing in this Act shall affect the term of office of the coroner of Clay County in office on January 1, 2015. 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.

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

GEORGIA LAWS 2014 SESSION

3567

LC 21 2259 A BILL TO BE ENTITLED AN ACT To provide that future elections for the office of coroner of Clay County shall be nonpartisan elections; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. All elections for the office of coroner of Clay County conducted after January 1, 2015, shall be nonpartisan elections as provided in the Code Section 21-2-139 of the O.C.G.A. Such nonpartisan elections shall be held in conjunction with the November general election immediately preceding expiration of the term of office and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." SECTION 2. Nothing in this Act shall affect the term of office of the coroner of Clay ;County in office on January 1, 2015. 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. SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 The Cuthbert Southern Tribune which is the official organ of Clay County on November 21, 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 January, 2014.

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

Approved April 10, 2014.

3568

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II QUITMAN COUNTY CORONER; NONPARTISAN ELECTIONS.

No. 364 (House Bill No. 738).

AN ACT

To provide that future elections for the office of coroner of Quitman County shall be nonpartisan elections; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. All elections for the office of coroner of Quitman County conducted after January 1, 2015, shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. Such nonpartisan elections shall be held in conjunction with the November general election immediately preceding expiration of the term of office and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

SECTION 2. Nothing in this Act shall affect the term of office of the coroner of Quitman County in office on January 1, 2015. 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.

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 2014 session of the General Assembly of Georgia a bill to provide that future elections for the office of coroner of Quitman County shall be nonpartisan elections; to provide for related matters; to repeal conflicting laws; 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 Rep from District 151 and

GEORGIA LAWS 2014 SESSION

3569

further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Eufaula Tribune which is the official organ of Quitman County on November 25, 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 blank day of blank 2014. This 14th day of January, 2014.

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

Approved April 10, 2014.

__________

CRAWFORD COUNTY COUNTY SURVEYOR; ABOLISH ELECTED POSITION.

No. 365 (House Bill No. 752).

AN ACT

To abolish the office of elected county surveyor of Crawford County; to provide for the appointment of a county surveyor by the governing authority of the county; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Pursuant to the authority of Code Section 36-7-2.1 of the Official Code of Georgia Annotated, the office of elected county surveyor of Crawford County is abolished. The governing authority of Crawford County shall appoint a qualified person to hold the office of county surveyor for a term of one year from the date of appointment. Successors shall

3570

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

also be appointed for terms of one year. Any person appointed county surveyor shall possess the qualifications specified by paragraph (1) of subsection (b) of Code Section 36-7-2 of the Official Code of Georgia Annotated.

SECTION 2. (a) This Act shall become law upon its approval by the Governor or upon its becoming law without such approval. (b) If there is an elected surveyor of Crawford County holding office on the date this Act becomes law, then this Act shall become effective upon the expiration of the current term of office of the surveyor. If on the date this Act becomes law the office of surveyor is vacant or is held by a person appointed to the office, then this Act shall become effective upon the date it becomes law.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to abolish the office of elected county surveyor of Crawford County; to provide for the appointment of a county surveyor by the governing authority of the county; to provide for other matters relative to the foregoing; to provide an effective date; and for other purposes.
s/ ROBERT DICKEY 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 Georgia Post which is the official organ of Crawford County on December 12, 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 2014 SESSION
Sworn to and subscribed before me, this blank day of blank 2014. This 15th day of January, 2014.

3571

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

Approved April 10, 2014.

__________

MITCHELL COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION.

No. 366 (House Bill No. 792).

AN ACT

To create a board of elections and registration for Mitchell County and to provide for its powers and duties; to define certain terms; to provide for the composition of the board and the selection, qualifications, and terms of its members; to provide for the resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve a certain board and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and officers; to provide for meetings and procedures; to provide for an elections supervisor and the powers and duties of such elections supervisor; to provide for board employees and their compensation; to provide for expenditures of public funds for certain purposes; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for contracts with certain municipalities; 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. As used in this Act, the term:
(1) "Board" means the Mitchell County Board of Elections and Registration. (2) "Commissioners" means the Mitchell County Board of Commissioners. (3) "County" means Mitchell County.

3572

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

SECTION 2. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created a board of elections and registration for Mitchell County which shall have jurisdiction over the conduct of primaries and elections and the registration of electors in such county in accordance with the provisions of this Act. Such board shall be known as the Mitchell County Board of Elections and Registration. The board shall have the powers, duties, and responsibilities of the superintendent of elections of Mitchell 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 Mitchell County, and the powers, duties, and responsibilities of the Board of Registrars of Mitchell County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

SECTION 3. (a) The board shall be composed of five members, each of whom shall be an elector of the county and who shall be appointed by the governing authority of the county. (b) The initial members of the board shall be appointed for terms of office beginning January 1, 2015. All members of the board shall be appointed by the Mitchell County Board of Commissioners. The commissioners shall designate two of the initial members to serve for a term ending on December 31, 2018, two of the initial members to serve for a term ending on December 31, 2017, and one of the initial members to serve for a term ending on December 31, 2016, and until their respective successors are appointed and qualified. The subsequent terms shall be for a three-year period. (c) No person who holds or qualifies as a candidate for elective public office shall be eligible to serve as a member of the board during the term of such office, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office.

SECTION 4. (a) The appointment of each member shall be made by the commissioners filing an affidavit with the clerk of the superior court no later than 30 days preceding the date upon which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the 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.

GEORGIA LAWS 2014 SESSION

3573

(b) If the commissioners do not certify in conformity with this Act an appointment to the board within 30 days after the beginning of a term of office or within 30 days after the creation of a vacancy in that office, then the judge of the Probate Court of Mitchell County shall immediately fill the vacancy by making the appointment and shall certify it as provided in this section. Any person appointed to fill a vacancy shall serve out the unexpired term of the office.

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

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

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

SECTION 8. On January 1, 2015, the elections superintendent of Mitchell County and the board of registrars of Mitchell County shall be relieved of all powers and duties to which the board succeeds by the provisions of this Act. They shall deliver thereafter to the chairperson of the board, upon his or her written request, custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. At such time, the board of registrars of Mitchell County shall stand abolished.

SECTION 9. The board shall be authorized and empowered to organize itself, elect its officers, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of the elections supervisor, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. Action and decision by the board shall be by a majority of the members of

3574

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

the board. Every year, the board shall elect one of its members to serve as chairperson for a one-year term.

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

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

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

SECTION 13. With the consent of the governing authority of the county, the board shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets, and other material designed to inform and instruct adequately the electors of the county with regard to elections. No material distributed by the board shall contain or

GEORGIA LAWS 2014 SESSION

3575

express, in any manner or form, any commentary or expression of opinion or request for support for any political issue or matter of political concern.

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

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

SECTION 16. 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 the municipality; provided, however, that any such contract shall be approved and ratified by the governing authority of the county.

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to create a board of elections and registration for Mitchell County and to provide for its powers and duties; to define certain terms; to provide for the composition of the board and the selection, qualifications, and terms of its members; to provide for the resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and officers; to provide for meetings and procedures; to provide for an elections supervisor and the powers and duties

3576

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

of such election supervisor; to provide for board employees and their compensation; to provide for expenditures of public funds for certain purposes; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for contracts with certain municipalities; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

Representative Jay Powell District 171

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jay Powell, who on oath deposes and says that he is the Representative from District 171 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Camilla Enterprise which is the official organ of Mitchell County on January 8, 2014, 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 22nd day of January, 2014.

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

Approved April 10, 2014.

__________

GEORGIA LAWS 2014 SESSION

3577

CITY OF STATESBORO REDEVELOPMENT POWERS; REFERENDUM.

No. 367 (House Bill No. 795).

AN ACT

To authorize the City of Statesboro 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 Statesboro 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 Statesboro 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 Statesboro 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. The election superintendent of the City of Statesboro 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 Statesboro for approval or rejection. The election superintendent shall conduct such election on the earliest practical date under Code Section 21-2-540 of the O.C.G.A. after receiving notice from the governing authority of the City of Statesboro to conduct the election and shall issue the call and conduct such election as provided by general law; provided, however, that if the election is not conducted on a date prior to April 1, 2015, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of the following January. 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 City of Statesboro. The ballot shall have written or printed thereon the words:

3578

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"( ) YES Shall the Act be approved which authorizes the City of Statesboro to exercise redevelopment powers under the 'Redevelopment Powers Law,' as
( ) NO it may be amended from time to time?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following such election date. The expense of such election shall be borne by the City of Statesboro. 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 2014 session of the General Assembly of Georgia a bill to authorize the City of Statesboro 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.
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 January 18, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2014 SESSION
s/ JAN TANKERSLEY Jan Tankersley Representative, District 160

3579

Sworn to and subscribed before me, this 22nd day of January, 2014.

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

Approved April 10, 2014.

__________

LANIER COUNTY JUDGE OF PROBATE COURT; NONPARTISAN ELECTIONS.

No. 368 (House Bill No. 800).

AN ACT

To provide that future elections for the office of probate judge of Lanier County shall be nonpartisan elections; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. All elections for the office of probate judge of Lanier 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 nonpartisan general election immediately preceding the expiration of each respective term of 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 Lanier County in office on the effective date of this Act. The sitting probate judge shall serve out the term of

3580

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

office for which such probate judge was elected and shall be eligible to succeed himself or herself as provided in this Act.

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 2014 session of the General Assembly of Georgia a bill to provide that future elections for the office of probate judge of Lanier County shall be nonpartisan; to provide for related matters; to provide an effective date; and for other purposes.
/s/ Representative Jason Shaw District 176
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jason Shaw, who on oath deposes and says that he is the Representative from District 176 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Lanier County News which is the official organ of Lanier County on January 16, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JASON SHAW Jason Shaw Representative, District 176
Sworn to and subscribed before me, this 22nd day of January, 2014.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia

GEORGIA LAWS 2014 SESSION
My Commission Expires January 23, 2015 [SEAL]

3581

Approved April 10, 2014.

__________

TOWN OF RIDDLEVILLE NEW CHARTER.

No. 369 (House Bill No. 806).

AN ACT

To provide a new charter for the Town of Riddleville; 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, method of filling 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 a 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 taxation, permits, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide auditing, accounting, budgeting, and appropriations; to provide for town contracts and purchasing; to provide for the conveyance of property; to provide for bonds for officials; to provide for prior ordinances and rules, existing personnel, and pending matters; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3582

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE I CHARTER, TOWN LIMITS, AND CORPORATE POWERS
SECTION 1.10. Charter.

This town and the inhabitants thereof are reincorporated by the enactment of this charter and are constituted and declared a body politic and corporate under the name and style Town of Riddleville, Georgia, and by that name shall have perpetual succession.

SECTION 1.11. Corporate boundaries.

(a) The boundaries of this town shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this town at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently at town hall and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the Town of Riddleville, Georgia." Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The corporate limits of such town shall be as follows: one-half mile from the point where the Savannah public road crosses the Davisboro public road; such crossing designated in such town as the crossing of Broad and Taylor streets; such crossing to be the center of the corporate limits of such town, and the such corporate limits to extend one-half mile therefrom in each and every direction. (c) The town council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

SECTION 1.12. Powers and construction.

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

GEORGIA LAWS 2014 SESSION

3583

SECTION 1.13. Specific powers.

(a) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of 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; (b) Alcoholic beverages. To regulate the sale of all distilled spirits, wines, malt beverages, and other alcoholic beverages; under this charter, it shall be unlawful for any person to have or keep for sale in the Town of Riddleville any alcoholic, malt, spirituous, or other intoxicating liquors. The mayor and council shall not have authority to pass such ordinances relative to such matter; (c) 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; (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 collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A., or such other laws as now 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; (f) 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 now 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 inside or outside the town and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the town; (i) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of this state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment;

3584

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(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) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the town and to provide for the enforcement of such standards; (l) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the town and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (m) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (n) 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; (o) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the town and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (p) 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; (q) 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; (r) Municipal property protection. To provide for the preservation and protection of property and equipment of the town and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (s) 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; (t) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (u) Penalties. To provide penalties for violation of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia;

GEORGIA LAWS 2014 SESSION

3585

(v) Planning and zoning. To provide comprehensive town planning for development by zoning; and to provide subdivision regulation and the like as the town council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (w) 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; (x) 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 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 now or may hereafter be enacted; (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 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 in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.14. Exercise of powers.

All powers, functions, rights, privileges, and immunities of the 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, composition, terms, and qualifications for office.

(a) The legislative authority of the government of this town, except as otherwise specifically provided in this charter, shall be vested in a town council to be composed of a mayor and four councilmembers. The town council established in this charter shall in all respects be a

3586

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

successor to and continuation of the town governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by this charter. (b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified. (c) No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of this town for 12 months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the town during such period of service and shall be registered and qualified to vote in municipal elections of this town. (d) 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 town that he or she desires his 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 written notice within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

SECTION 2.11. Elections.

(a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of such town shall be eligible to qualify as voters in the election. (b) All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." Except as otherwise provided by this charter, the town council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the "Georgia Election Code." (c) The mayor and councilmembers who are in office on the effective date of this charter shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified. (d) The mayor and each councilmember shall be elected by the electors voting in the entire town at large and not from wards or any other district comprising less than the entire area of the town. (e) The mayor and councilmembers elected in November, 2013, shall have their terms expire on December 31, 2017. On the Tuesday next following the first Monday in November of 2017 and every four years thereafter, the successors to the mayor and such councilmembers shall be elected; 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 following their election. (f) Political parties shall not conduct primaries for town offices, and all names of candidates for town offices shall be listed without party designation. (g) The mayor shall be elected by a majority vote of the votes cast in the whole town.

GEORGIA LAWS 2014 SESSION

3587

(h) The candidates receiving the highest number of votes cast for the offices of councilmembers shall be elected to fill the positions for councilmembers.

SECTION 2.12. Vacancy; filling of vacancies.

(a) Vacancies. The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of this state, Title 45 of the O.C.G.A., or such other applicable laws as are now or may hereafter be enacted. (b) Filling of vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause provided in subsection (a) of 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, that if such vacancy occurs within 12 months of the expiration of the term of that office, the town council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

SECTION 2.13. Compensation and expenses.

The council may determine by ordinance the annual salary of the mayor and councilmembers. The mayor and councilmembers may receive their actual and necessary expenses incurred in the performance of their duties of office.

SECTION 2.14. Conflicts of interest; holding other offices.

(a) Fiduciary capacity. 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 that official's judgment or action in the performance of that official's 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;

3588

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which 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 the official is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this town or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which 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 town shall disclose such private 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 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 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 town or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the town council or the governing body of such agency or entity. (e) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, or a party to a contract or sale shall render such contract or sale voidable at the option of the town council. (f) Ineligibility of elected official. Except where authorized by law, no councilmember nor the mayor shall hold any other elective or compensated appointive office in the town or otherwise be employed by the government or any agency thereof during the term for which that official was elected. No former councilmember and no former mayor shall hold any compensated appointive office in the town until one year after the expiration of the term for which that official was elected. (g) Political activities of certain officers and employees. No appointed officer of the town shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the town shall continue in such employment upon

GEORGIA LAWS 2014 SESSION

3589

election to any public office in this town or any other public office which is inconsistent, incompatible, or in conflict with the duties of the town employee. Such determination shall be made by the mayor and council either immediately upon election or at any time such conflict may arise. (h) Penalties for violation:
(1) Any town officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the town who shall forfeit an office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the town government for a period of three years thereafter.

SECTION 2.15. 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 for violations of Section 2.14 of this charter or such other applicable laws as are now or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the town council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The town council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the town council to the Superior Court of Washington County. Such appeal shall be governed by the same rules as govern appeals to the superior court from decisions of administrative bodies; or (2) By an order of the Superior Court of Washington County following a hearing on a complaint seeking such removal brought by any resident of the Town of Riddleville.

SECTION 2.16. 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 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

3590

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

a lawful order issued in the exercise of these powers by the town council shall be punished as may be provided by ordinance.

SECTION 2.17. General power and authority of the town council.

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

SECTION 2.18. Eminent domain.

The town council is empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the town and to regulate the use thereof and, for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.

SECTION 2.19. Organizational meetings.

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

SECTION 2.20. Regular and special meetings.

(a) The town council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the town council may be held on call of the mayor or two members of the town council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be

GEORGIA LAWS 2014 SESSION

3591

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 now or may hereafter be enacted.

SECTION 2.21. Rules of procedure.

(a) The town council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping of a journal of its proceedings, which shall be a public record. (b) All committees and committee chairpersons and offices 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 2.22. Quorum; voting.

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

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 Town of Riddleville ..." and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the town council. Ordinances shall be considered and adopted or rejected by the town council in accordance with the rules which it shall establish; provided, however, that an ordinance shall not be adopted the same day it is introduced, except for emergency

3592

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

ordinances as provided in Section 2.25 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the town council may designate.

SECTION 2.24. Action requiring an ordinance.

Acts of the town 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 town council may convene on call of the mayor or two councilmembers and may promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It may 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 now or may hereafter be enacted.

SECTION 2.26. Codes of technical regulations.

(a) The town council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:

GEORGIA LAWS 2014 SESSION

3593

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

SECTION 2.27. Signing; authenticating; recording; codification; printing.

(a) The clerk or appointed councilmember shall authenticate by their signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The town council shall provide for the preparation of a general codification of all the ordinances of the town having the force and effect of law. The general codification shall be adopted by the town council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the town council may specify. This compilation shall be known and cited officially as "The Code of the Town of Riddleville, 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 2.28. Election of mayor; forfeiture; compensation.

The mayor shall be elected and serve for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector of this town and shall have been a resident of this town for 12 months prior to the election. The mayor shall continue to reside in this town during the period of the mayor's service. The mayor shall forfeit that office on the same grounds and under the same procedure as for councilmembers. Compensation of the mayor shall be established in the same manner as for councilmembers.

3594

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.29. Mayor pro tempore; selection; duties.

By a majority vote, the town council may elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall assume the duties and power of the mayor upon the mayor's physical or mental disability or absence. Any such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tempore shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter.

SECTION 2.30. 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 the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the town all written and approved contracts, ordinances, and other instruments executed by the town which by law are required to be in writing; (5) Shall have no vote on legislative questions before that body, except in cases of a tie; (6) Shall have veto power and may veto any ordinance or resolution of the council; (7) Prepare and submit to the town council a recommended annual operating budget and recommended capital budget; and (8) Fulfill such other executive and administrative duties as the town council shall by ordinance establish.

SECTION 2.31. Submission of ordinances to the mayor; veto power.

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

GEORGIA LAWS 2014 SESSION

3595

(c) Ordinances vetoed by the mayor shall be presented by the clerk to the town council at its next meeting. If the town council then or at its next meeting adopts the ordinance by an affirmative vote of three councilmembers, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the town council over the mayor's veto as provided herein. The reduced part or parts shall be presented to town council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section.

SECTION 2.32. Limitation on terms of service.

There shall be no limitation on the number of terms that a person may serve as mayor of the Town of Riddleville.

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

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

3596

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

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

SECTION 3.12. Town attorney.

The town council shall appoint a town attorney, together with such assistant town attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the town. The town attorney shall be responsible for representing and defending the town in all litigation in which the town is a party; may be the prosecuting

GEORGIA LAWS 2014 SESSION

3597

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 such person's position as town attorney.

SECTION 3.13. Town clerk.

The town council may 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's records required by this charter; and perform such other duties as may be required by the town council. The town council shall provide for the compensation of the town clerk. If no town clerk is appointed, then the mayor shall assume the responsibilities of the town clerk.

SECTION 3.14. Position classification and pay plans.

The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the town council for approval. Such plan may apply to all employees of the town and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the town council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, elected and appointed town officials are not town employees.

SECTION 3.15. Personnel policies.

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

ARTICLE IV FINANCE
SECTION 4.10. 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.

3598

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4.11. Millage rate; due dates; payment methods.

The town council by ordinance may 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 voluntary payment of taxes prior to the time when due.

SECTION 4.12. Occupation and business taxes.

The town council by ordinance may have the power to levy such occupation or business taxes as are not denied by law. The town council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 4.18 of this charter.

SECTION 4.13. Regulatory fees; permits.

The town council by ordinance may have the power to require business or practitioners doing business within this town to obtain a permit for such activity from the town and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the town of regulating the activity and, if unpaid, shall be collected as provided in Section 4.18 of this charter.

SECTION 4.14. Franchises.

(a) The town council may have the power to grant franchises for the use of this town's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunication companies, gas companies, transportation companies, and other similar organizations. The town council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the town receives just and adequate compensation therefor. The town council shall provide for the registration of all franchises with the town clerk in a registration book kept by the town clerk. The town council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the town council shall have the authority to impose a tax on gross receipts for the use of this town's streets and alleys for the purposes of

GEORGIA LAWS 2014 SESSION

3599

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 4.15. Service charges.

The town council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside and outside the corporate limits of the town for the total cost to the town of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 4.18 of this charter.

SECTION 4.16. Special assessments.

The town council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 4.18 of this charter.

SECTION 4.17. Construction; other taxes and fees.

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

SECTION 4.18. 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 4.10 through 4.17 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.; 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.

3600

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4.19. General obligation bonds.

The town council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of 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 4.20. Revenue bonds.

Revenue bonds may be issued by the town council 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 were issued.

SECTION 4.21. Short-term loans.

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

SECTION 4.22. 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 that the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts 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 now or may hereafter be enacted.

SECTION 4.23. 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.

GEORGIA LAWS 2014 SESSION
SECTION 4.24. Preparation of budgets.

3601

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 4.25. Submission of operating budget to town council.

On or before a date fixed by the town council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the town council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the town, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the town clerk and shall be open to public inspection.

SECTION 4.26. Action by town council on budget.

(a) The town council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted 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 town council shall by ordinance adopt the final operating budget for the ensuing fiscal year not later than the thirty-first day of December of each year. If the town 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 town council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriation 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 4.24 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

3602

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

SECTION 4.27. Tax levies.

The town council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this town.

SECTION 4.28. Changes in appropriations.

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

SECTION 4.29. Capital budget.

(a) On or before the date fixed by the town council, but no later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the town council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The town council shall have the 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 2.25 of this charter. (b) The town council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the thirty-first day of December of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.

GEORGIA LAWS 2014 SESSION
SECTION 4.30. Independent audit.

3603

There shall be 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 government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.

SECTION 4.31. Contracting procedures.

No contract with the town shall be binding on the town unless: (1) It is in writing; (2) It is drawn or submitted and reviewed by the town attorney and, as a matter of course, is signed by 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 4.32. Centralized purchasing.

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

SECTION 4.33. Sale and lease of town property.

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

3604

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the town has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

ARTICLE V GENERAL PROVISIONS
SECTION 5.10. Bonds for officials.

The officers and employees of this town, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the town council may from time to time require by ordinance or as may be provided by law.

SECTION 5.11. Prior ordinances.

All other ordinances, resolutions, rules, and regulations adopted prior to the adoption of this charter are hereby repealed.

SECTION 5.12. Existing personnel and officers.

Except as specifically provided otherwise by this charter, all personnel and officers of this town and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 90 days before or during which time the existing town council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.

SECTION 5.13. Pending matters.

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

GEORGIA LAWS 2014 SESSION
SECTION 5.14. Construction.

3605

(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 5.15. 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 5.16. Repealer.

An Act incorporating the Town of Riddleville in the County of Washington, approved August 15, 1903 (Ga. L. 1903, p. 578), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety.

SECTION 5.17. Effective date.

This Act shall become effective on July 1, 2014.

SECTION 5.18. General repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
NOTICE is hereby given that there will be introduced at the Regular 2014 Session of the General Assembly of Georgia an act to reincorporate the Town of Riddleville to be hereafter

3606

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

known as the Town of Riddleville, in the County of Washington; to create a new charter for said town; to prescribe the corporate limits of said town; to provide for the government of said town; to enumerate the corporate powers of the town; to provide for the preservation of ordinances, by-laws, rules and regulations; to provide for the officials of said town and their selection, oath, compensation, powers, duties and terms of office; to provide for filling vacancies; to provide for the fiscal administration of the town government; to provide for the levy and collection of ad valorem taxes; to provide for elections; to provide for the qualifications of candidates and electors; to provide for the registration of voters; to provide for the method of conducting elections; to provide an effective date; to repeal specific laws; to repeal conflicting laws; and for other purposes.

Hon. Mack Jackson Georgia House of Representatives District 128

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 January 15, 2014, 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 21st day of January, 2014.

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

Approved April 10, 2014.

__________

GEORGIA LAWS 2014 SESSION

3607

CHEROKEE COUNTY BOARD OF COMMISSIONERS; DISTRICT DURATIONAL RESIDENCY REQUIREMENT.

No. 370 (House Bill No. 808).

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 upon its approval by the Governor or upon its becoming law without such approval, provided that legislation is enacted during the regular 2014 session of the General Assembly amending Code Section 45-2-1 of the O.C.G.A. to authorize the imposition by local law of district residency requirements for county officers. Otherwise, this Act shall be repealed by operation of law on July 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 be introduced at the regular 2014 session of the General Assembly of Georgia a bill to amend an Act creating the office of commissioner of Cherokee

3608

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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; 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 January 17, 2014, 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 22nd day of January, 2014.

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

Approved April 10, 2014.

__________

GEORGIA LAWS 2014 SESSION CITY OF SUWANEE CORPORATE LIMITS.

3609

No. 371 (House Bill No. 822).

AN ACT

To amend an Act creating a new charter for the City of Suwanee, approved April 9, 1999 (Ga. L. 1999, p. 3729), as amended, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a new charter for the City of Suwanee approved April 9, 1999 (Ga. L. 1999, p. 3729), as amended, is amended by adding at the end of Section 1.11 a new subsection (d) to read as follows:
"(d) Any other provisions of this section to the contrary notwithstanding, the following described property is included within the boundaries of the City of Suwanee:
PARCEL 1 Tract No. 1 All that tract or parcel of land situated, lying & being in land Lots 287 & 288 of the 7th land District of Gwinnett County, Georgia, more particularly shown and delineated by plat of the survey of Geo. D. Newton, Engineer, Gainesville, Ga. August 19, 1955, recorded in Plat book G, page 50, public records of Gwinnett County, Ga. as follows BEGINNING at a stake corner located on the northwestern margin of the Buford-Level Creek Road on the original line of Land Lots 287 & 288, said point being located North thirty-one degrees Ten minutes West Six Hundred Twenty-five and one-tenth (N31.lOW 625.1) feet of the Southeastern of Land Lot 287, and thence running North seventy-two degrees forty-five minutes east a distance of Five Hundred three (503) feet to an iron pin; thence running along property of E.E. Robinson North Twenty-five degrees west a distance of Nine Hundred Fifty (950) feet to a point and a public Road, thence running North sixty degrees thirty minutes west along the southwestern margin of said road a distance of one hundred twenty-five (125) feet to an iron pin; thence running along an Old Hedge Row south thirty-five degrees forty-five minutes west a distance of six Hundred fifty-nine (659) feet to an iron pin; thence running North eighty-seven degrees fifty-five minutes west along Property of Roberts a distance of three hundred fifty (350)feet to an iron pin and the Suwanee-Buford Dam Highway; thence running South two degrees forty minutes East along said highway a distance of hundred seventy (370) feet to a point and the northeastern corner of the intersection of the Buford Level Creek and Suwanee-Buford Dam Roads; thence running North seventy-five degrees fifty five minutes East a distance of seven hundred twenty-two

3610

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(722) feet to the point of beginning, containing 20.02 acres. The property herein described consists of tracts 5, 6, and seven of the subdivision of the Estate of Lillie Hazeltine Reese, conveyed to E.E. Robinson by deed recorded in Deed book 133, page 353, and a part of the same property conveyed to E.E. Robinson by the administrator of the same Estate of T.E. Robinson by Deed recorded in Deed Book 133, Page 354, public records of Gwinnett County, Georgia.

Tract No. 2 All that tract or parcel of land lying and being in land Lot 288 of the 7th land District, Gwinnett County, Georgia, containing 3.87 acres according to plat of survey of E.R. Fields, Surveyor, prepared August 23, 1962, and described more particularly according to said plat and survey as follows: BEGINNING on the southerly side of right of way of Price Road at a common corner with property of North Gwinnett School, and run thence South 60 degrees East along the southerly right of way of Price Road 729 feet to a corner; thence South 15 degrees 15 minutes West 150.5 feet to a corner; thence in a southwesterly direction 315 feet, more or less, to a corner at the property line of North Gwinnett School; thence along North Gwinnett School property North 25 degrees 24 minutes West 731 feet to a corner on the southerly right of way of Price Road and the point of beginning.

Tract No. 3 All that tract or parcel of land lying and being in land Lot 288 of the 7th land District, Gwinnett County, Georgia, being known as Tract No. 1 containing 1.9108 acres as shown on a plat for Gwinnett County Board of Education, prepared by Hannon, Meeks & Bagwell, Surveyors & Engineers, dated February 24, 1983, said plat being recorded in Plat Book 21, Page 203, Gwinnett County Georgia Records, and with reference to said plat being more particularly described as follows: BEGINNING at a point on the Northwesterly right of way line of Level Creek Road (a 60 foot right of way) located 110.46 feet Southwesterly and Westerly from the intersection of said Northwesterly right of way line of Level Creek Road with the Southwesterly right of way line of West Price Road (a 60 foot right of way), and from said pint of beginning run thence along the Northwesterly right of way line of Level Creek Road South 53 24' 55" West a distance of 100.66 feet to an iron pin; continuing thence along said right of way line in a Southwesterly, Westerly and Northwesterly direction an arc distance of 325.13 feet to an iron pin; run thence North 16 17' 05" West a distance of 185.58 feet to an iron pin; thence North 55 28' 20" East a distance of 262.99 feet to an iron pin; thence North 31 38' 55" East a distance of 149.76 feet to an iron pin; thence South 27 00' 00" East a distance of 256.50 feet to an iron pin located on the Northwesterly right of way line of Level Creek Road, being the place or point of beginning.

GEORGIA LAWS 2014 SESSION

3611

Tract No. 4 All that tract or parcel of land lying and being in land Lot 288 of the 7th land District, Gwinnett County, Georgia, being known as Tract No. II containing 0.4589 acres as shown on a plat for Gwinnett County Board of Education, prepared by Hannon, Meeks & Bagwell, Surveyors & Engineers, dated February 24, 1983, said plat being recorded in Plat Book 21, Page 203, Gwinnett County Georgia Records, which plat is incorporated herein for a more particular description.

PARCEL 2 All that tract or parcel of land containing 7.195 acres and lying and being in Land Lot 287 of the 7th District of Gwinnett County, and being more fully described as follows: Beginning at an iron pin found at the land lot corner common to Land Lots 275, 276, 287 and 288; thence along the land lot line common to Land Lots 276 and 287 South 58 degrees 08 minutes 08 seconds West a distance of 190.62 feet to an axle found; thence leaving said land lot line North 29 degrees 57 minutes 10 seconds West a distance of 316.48 feet to an axle found thence South 67 degrees 37 minutes 34 seconds West a distance of 639.91 feet to a point on the Easterly right of way of Suwanee Buford-Dam Road, an 80 foot right of way; thence along said right of way along a curve to the left having a radius of 4628.85 feet an arc distance of 61.60 feet (said arc being subtended by a chord bearing North 13 degrees 00 minutes 07 seconds West a distance of 61.60 feet) to a point; thence continuing along said right of way North 13 degrees 22 minutes 59 seconds West a distance of 252.22 feet to a point; thence continuing along said right of way along a curve to the right, having a radius of 2753.13 feet an arc distance of 78.53 feet (said arc being subtended by a chord bearing North 12 degrees 33 minutes 58 seconds West a distance of 78.52 feet) to a concrete monument set at the point of intersection of said right of way with the Southerly right of way of Level Creek Road, a 60 foot right of way; thence along said Southerly right of way of Level Creek Road North 76 degrees 47 minutes 48 seconds East a distance of 186.55 feet to a point; thence continuing along said right of way along a curve to the right having a radius of 10084.41 feet an arc distance of 172.47 feed (said arc being subtended by a chord bearing North 77 degrees 17 minutes 11 seconds East a distance of 172.47 feet) to a point; thence continuing along said right of way North 77 degrees 46 minutes 35 seconds east a distance of 206.72 feet to a point; thence continuing along said right of way along a curve to the right having a radius of 2629.61 feet to an arc distance of 58.89 feet (said arc being subtended by a chord bearing North 78 degrees 25 minutes 05 seconds East a distance of 58.89 feet) to a point; thence continuing along said right of way a curve to the Left having a radius of 6218.98 feet an arc distance of 122.29 feet (said arc being subtended by a chord bearing North 78 degrees 29 minutes 47 seconds east a distance of 122.29 feet) to a concrete monument set at the intersection of said right of way with the land lot line common to Land Lots 287 and 288; thence leaving said right of way and along said land

3612

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

lot line South 29 degrees 53 minutes 28 seconds East a distance of 548.38 to an iron pin found being the point of beginning.

PARCEL 3 Tract 1 All that tract or parcel of land containing 6.867 acres and lying and being in Land Lot 288 of the 7th District of Gwinnett County, and being more fully described as follows: Beginning at an iron pin found at the intersection of the Northwesterly right of way of Level Creek Road, a 60 foot right of way, with the Northeasterly side of an apparent 60 foot right of way of West Price Road; thence along said apparent right of way of West Price Road along a curve to the left having a radius of 362.65 feet to an arc distance of 173.50 feet (said arc being subtended by a chord bearing North 38 degrees 10 minutes 59 seconds West a distance of 171.85 feet) to a point; thence continuing along said apparent right of way along a curve to the left having a radius of 964.51 feet an arc distance of 115.80 feet (said arc being subtended by a chord bearing North 55 degrees 19 minutes 42 seconds West a distance of 115.73 feet) to a point; thence continuing along said apparent right of way North 58 degrees 46 minutes 04 seconds West a distance of 123.48 feet to a concrete monument set and the true point of beginning. From the true point of beginning thus established thence continuing along a line being 30 feet Northeasterly and parallel with the centerline of West Price Road North 58 degrees 46 minutes 04 seconds West a distance of 282.32 feet to a point; thence continuing along said parallel line along a curve to the right having a radius of 17454.84 feet an arc distance of 99.83 feet (said arc being subtended by a chord bearing North 58 degrees 36 minutes 14 seconds West a distance of 99.83 feet) to a point; thence continuing along said parallel line North 58 degrees 26 minutes 25 seconds West a distance of 333.02 feet to a concrete monument set; thence leaving said parallel line North 35 degrees 39 minutes 03 seconds East a distance of 475.38 feet to a concrete monument set; thence South West a distance of thence South 61 degrees 40 minutes 35 seconds East a distance of 388.06 feet to a 3/4 inch pipe found; thence South 77 degrees 08 minutes 44 seconds East a distance of 107.80 feet to a 3/4 inch pipe found; thence South 11 degrees 37 minutes 51 seconds West a distance of 562.43 feet to a concrete monument set and the true point of beginning.

Tract 2 All that tract or parcel of land containing 0.497 acres and lying and being in Land Lot 288 of the 7th District of Gwinnett County, and being more fully described as follows: Beginning at an iron pin found at the intersection of the Northwesterly right of way of Level Creek Road, a 60 foot right of way, with the Northeasterly side of an apparent 60 foot right of way of West Price Road; thence along said apparent right of way of West Price Road along a curve to the left having a radius of 362.65 feet to an arc distance of 173.50 feet (said arc being subtended by a chord bearing North

GEORGIA LAWS 2014 SESSION

3613

38 degrees 10 minutes 59 seconds West a distance of 171.85 feet) to a point; thence continuing along said apparent right of way along a curve to the left having a radius of 964.51 feet an arc distance of 115.80 feet (said arc being subtended by a chord bearing North 55 degrees 19 minutes 42 seconds West a distance of 115.73 feet) to a point; thence continuing along said apparent right of way North 58 degrees 46 minutes 04 seconds West a distance of 123.48 feet to a concrete monument set and the true point of beginning. From the true point of beginning thus established thence leaving said apparent right of way South 11 degrees 37 minutes 51 seconds West a distance of 31.84 feet to a pint on the centerline of West Price Road thence along said centerline North 58 degrees 46 minutes 04 seconds West a distance of 293.01 feet to a point; thence continuing along said centerline along a curve to the right having a radius of 17484.84 feet an arc distance of 100.00 feet (said arc being subtended by a chord bearing North 58 degrees 36 minutes 14 seconds West a distance of 100.00 feet ) to a point; thence continuing along said centerline North 58 degrees 26 minutes 25 seconds West a distance of 335.16 feet to a point; thence leaving said centerline North 35 degrees 39 minutes 03 seconds East a distance of 30.08 feet to a concrete monument set on a line being 30 feet Northeasterly and parallel with said centerline; thence along said parallel line South 58 degrees 26 minutes 25 seconds East a distance of 333.02 feet to a point; thence continuing along said parallel line along a curve to the left having a radius of 17454.84 feet to an arc distance of 99.83 feet (said arc being subtended by a chord bearing South 58 degrees 36 minutes 14 seconds East a distance of 99.83 feet) to a point; thence continuing along said parallel line South 58 degrees 46 minutes 04 seconds East a distance of 282.32 feet to a concrete monument set and the true point of beginning.

PARCEL 4 Tract 1 All that tract or parcel of land containing 0.678 acres and lying and being in Land Lot 288 of the 7th District of Gwinnett County, Georgia, and being more particularly described as follows: Beginning at an iron pin set at the intersection of the Southeasterly right of way of Level Creek Road, (right of way width varies, 80 feet at this point) and the Southwesterly right of way of Sunview Court, (50 foot right of way); thence running along the Southwesterly right of way of said Sunview Court South, 20 degrees 45 minutes 00 seconds East for a distance of 12.45 feet to a point; thence continuing along said right of way along a curve to the left having a radius of 553.94 feet and an arc length of 104.42 feet, being subtended by a chord of South 26 degrees 09 minutes 00 seconds East for a distance of 104.26 feet to a point; thence continuing along said right of way South 31 degrees 33 minutes 00 seconds East for a distance of 100.13 feet to an iron pin set; thence leaving said right of way South 58 degrees 27 minutes 00 seconds West for a distance of 125.81 feet to a point; thence North 30 degrees 01 minutes 48 seconds West for a distance of 254.85 feet to an iron

3614

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

pin set on the Southeasterly right of way of said Level Creek Road; thence running along the Southeasterly right of way of said Level Creek Road along a curve to the left having a radius of 2513.67 feet and an arc length of 136.77 feet, being subtended by a chord of North 74 degrees 50 minutes 47 seconds East for a distance of 136.76 feet to an iron pin set, said iron pin being the point of beginning."

Tract 2 All that tract or parcel of land containing 0.655 acres and lying and being in Land Lot 288 of the 7th District of Gwinnett County, Georgia, and being more particularly described as follows: To find the point of beginning, commence at an iron pin set at the intersection of the Southeasterly right of way of Level Creek Road, (right of way width varies, 80 feet at this point) and the Southwesterly right of way of Sunview Court, (50 foot right of way); thence running long the Southeasterly right of way of said Level Creek Road along a curve to the right having a radius of 2513.67 feet and an arc length of 136.77 feet, being subtended by a chord of South 74 degrees 50 minutes 47 seconds west for a distance of 136.76 feet to an iron pin set; Said iron pin being the true point of beginning; Thence from the true point of beginning thus established and leaving said right of way South 30 degrees 01 minutes 48 seconds East for a distance of 254.85 feet to a point; thence South 58 degrees 27 minutes 00 seconds West for a distance of 100.00 feet to a 3/4" pipe; thence North 30 degrees 26 minutes 52 seconds West for a distance of 300.18 feet to a 3/4" pipe on the Southeasterly right of way of Level Creek Road (right of way width varies, 60 feet at this point); thence running along the Southeasterly right of way of said Level Creek Road along a curve to the left having a radius of 6218.98 feet and an arc length of 107.08 feet, being subtended by a chord of North 77 degrees 24 minutes 31 seconds East for a distance of 107.08 feet to an iron pin set; thence continuing along said right of way South 30 degrees 01 minutes 48 seconds East for a distance of 10.58 feet to an iron pin set (right of way width being 80 feet at this point) said iron pin being the true point of beginning.

Tract 3 All that tract or parcel of land containing 0.071 acres and lying and being in Land Lot 288 of the 7th District of Gwinnett County, Georgia, and being more particularly described as follows: Beginning at a 1/2" rebar found at the land lot corner common to Land Lots 275, 276, 287 and 288; thence along the land lot line common to Land Lots 287 and 288 North 29 degrees 53 minutes 28 seconds West for a distance of 548.38 feet to a 1/2" rebar found on the Southeasterly right of way of Level Creek Road, right of way width varies, 60 feet at this point; thence running along the Southeasterly right of way of Level Creek Road along a curve to the left having a radius of 6218.98 feet and an arc length of 3.38 feet, being subtended by a chord of North 77 degrees 55 minutes 02 seconds East for a distance of 3.38 feet to a 3/4" pipe; thence leaving said right of way South 30 degrees 26 minutes 52 seconds east for a distance

GEORGIA LAWS 2014 SESSION

3615

of 300.18 feet to a 3/4" pipe; thence South 30 degrees 12 minutes 28 seconds East for a distance of 247.06 feet to a point; thence South 59 degrees 08 minutes 08 seconds West for a distance of 7.50 feet to a 1/2" rebar and being the point of beginning.

Tract 4 All that tract or parcel of land containing 0.477 acres and lying and being in Land Lot 288 of the 7th District of Gwinnett County, Georgia, and being more particularly described as follows: To find the point of beginning, commence at an iron pin set at the intersection of the Southeasterly right of way of Level Creek Road, (right of way width varies, 80 feet at this point) and the Southwesterly right of way of Sunview Court, (50 foot right of way); thence running along the Southwesterly right of way of said Sunview Court South, 20 degrees 45 minutes 00 seconds East for a distance of 12.45 feet to a point; thence continuing along said right of way along a curve to the left having a radius of 553.94 feet and an arc length of 104.42 feet, being subtended by a chord of South 26 degrees 09 minutes 00 seconds East for a distance of 104.26 feet to a point; thence continuing along said right of way South 31 degrees 33 minutes 00 seconds East for a distance of 100.13 feet to an iron pin set; Said iron pin being the true point of beginning; Thence from the true point of beginning thus established and continuing along said right of way South 31 degrees 33 minutes 00 seconds East for a distance of 91.57 feet to an iron pin set; thence leaving said right of way South 58 degrees 27 minutes 05 seconds West for a distance of 227.96 feet to a point; thence North 30 degrees 12 minutes 28 seconds West for a distance of 91.59 feet to a 3/4" hollow top pipe found; thence North 58 degrees 27 minutes 00 seconds East for a distance of 225.81 feet to a 1/2" rebar found on the Southwesterly right of way of said Sunview Court, said rebar being the true point of beginning.

Tract 5 All that tract or parcel of land containing 0.473 acres and lying and being in Land Lot 288 of the 7th District of Gwinnett County, Georgia, and being more particularly described as follows: To find the true point of beginning commence at an iron pin set at the intersection of the Southeasterly right of way of Level Creek Road, (right of way width varies, 80 feet at this point) and the Southwesterly right of way of Sunview Court, (50 foot right of way); thence running along the Southwesterly right of way of said Sunview Court South, 20 degrees 45 minutes 00 seconds East for a distance of 12.45 feet to a point; thence continuing along said right of way along a curve to the left having a radius of 553.94 feet and an arc length of 104.42 feet, being subtended by a chord of South 26 degrees 09 minutes 00 seconds East for a distance of 104.26 feet to a point; thence continuing along said right of way South 31 degrees 33 minutes 00 seconds East for a distance of 191.70 feet to an iron pin set; Said iron pin being the true point of beginning; Thence from the true point of beginning thus established and continuing along said right of way South 31 degrees 33 minutes 00 seconds East for a

3616

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

distance of 90.00 feet to an iron pin set; thence leaving said right of way South 58 degrees 27 minutes 09 seconds West for a distance of 230.06 feet to an iron pin set; thence North 30 degrees 12 minutes 28 seconds West for a distance of 90.02 feet to a point; thence North 58 degrees 27 minutes 05 seconds East for a distance of 227.96 feet to an iron pi set on the Southwesterly right of way of said Sunview Court, said iron pin being the true point of beginning.

PARCEL 5 All that tract or parcel of land lying and being in Land Lot 288 of the 7th District, Gwinnett County, Georgia containing. 6.7053 acres and being more particularly described as follows: To find the true point of beginning commence at a 1/2" rebar found at the intersection of the Northwesterly right of way of Level Creek Road, having a right of way width of 60 feet and the Northeasterly right of way of West Price Road, having a right of way of varying width, thence running along the Northeasterly right of way of said West Price Road along a curve to the left having a radius of 362.65 feet and an arc length of 173.50 feet, being subtended by a chord of North 38 degrees 10 minutes 59 seconds West for a distance of 171.85 feet to a point; thence continuing along said right of way along a curve to the left having a radius of 964.51 feet and an arc length of 62.39 feet, being subtended by chord of North 53 degrees 44 minutes 31 seconds West for a distance of 62.38 feet to an iron pin set, said iron pin being the true point of beginning. Thence from the true point of beginning thus established and continuing along said right of way along a curve to the left having a radius of 964.51 feet and an arc length of 53.41 feet, being subtended by a chord of North 57 degrees 10 minutes 53 seconds West for a distance of 53.40 feet to an iron pin set; thence continuing along said right of way North 58 degrees 46 minutes 04 seconds West for a distance of 123.48 feet to an iron pin set; thence leaving said right of way North 11 degrees 37 minutes 51 seconds East for a distance of 927.01 feet to a 3/4" pipe found located on the Southerly right of way of Hayfield Way, having a right of way width of 50 feet; thence leaving said right of way South 30 degrees 38 minutes 23 seconds East for a distance of 1041.57 feet to a 1/2" rebar found on the aforesaid right of way of Level Creek Road; thence running along said right of way South 56 degrees 01 minutes 30 seconds West for a distance of 159.95 feet to an iron pin set; thence leaving said right of way North 39 degrees 33 minutes 28 seconds West for a distance of 383.77 feet to an iron pin set; thence South 59 degrees 59 minutes 31 seconds West for a distance of 218.04 feet to an iron pin set; thence South 00 degrees 23 minutes 29 seconds West for a distance of 202.25 feet to an iron pin set on the Northeasterly right of way of said West Price Road, said iron pin being the true point of beginning."

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

GEORGIA LAWS 2014 SESSION NOTICE TO INTRODUCE LOCAL LEGISLATION

3617

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 2014 session of the General Assembly of Georgia local legislation to amend an Act creating a new Charter for the City of Suwanee, approved April 9, 1999 (Ga. L. 1999, p. 3739 et seq), as amended (Ga. L. 2011, P. 4027), so as to change the corporate limits of the City; to repeal conflicting laws; and for other purposes. In accordance with O.C.G.A. Section 28-1-14.1 a copy of the proposed local bill is being provided to the governing authority of Gwinnett County at the time this notice is being published.

This 9th day of January, 2014

CHANDLER, BRITT, JAY & LITTLE, LLC, City Attorneys

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Brooks Coleman, who on oath deposes and says that he is the Representative from District 97 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on January 15, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BROOKS COLEMAN Brooks Coleman Representative, District 97

Sworn to and subscribed before me, this 22nd day of January, 2014.

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

Approved April 10, 2014.

__________

3618

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

No. 372 (House Bill No. 851).

AN ACT

To amend an Act creating a new charter for the City of Sugar Hill, Georgia, approved May 14, 2003 (Ga. L. 2003, p. 3546), as amended, so as to provide for the incorporation of certain parcels of land into the corporate limits of the City of Sugar Hill, Georgia; 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 Sugar Hill, Georgia, approved May 14, 2003 (Ga. L. 2003, p. 3546), as amended, is amended by designating the language contained in Exhibit A as paragraph (1) of Exhibit A and by adding a new paragraph (2) of Exhibit A, to read as follows:
"(2) As of the adoption of this 2014 amendment of this charter, the boundaries of the City of Sugar Hill, Georgia, are intended to include and are hereby declared to include all of the area included within the corporate boundaries upon the effective date of this charter which includes all areas described in the previous charter, Ga. L. 1975, p.3232 as amended, particularly by Ga. L. 2003, p. 3546, all properties added through amendments to that charter and all properties added by all annexation ordinances adopted by the Mayor and Council of the City of Sugar Hill since January of 2003, plus the additional property as added by this 2014 amendment. These boundaries are shown on a map entitled the Official Map of the Corporate Limits of the City of Sugar Hill, Georgia, dated November 12, 2013 which map is maintained in the office of the City Clerk of the City of Sugar Hill, Georgia, and is incorporated herein by reference. The properties described herein and shown on the map are intended to include and are hereby declared to include all of the property included in the tax parcels set forth in paragraph (1) of this Exhibit A as those tax parcels existed on the tax rolls and tax maps of Gwinnett County for the year 2002, and all properties annexed by ordinances approved by the Mayor and Council of the City of Sugar Hill since January, 2003, and all property included in the tax parcels set forth below as those tax parcels exist on the tax rolls and tax maps of Gwinnett County for the year 2013, and all of the public roadways and rights of way adjacent to those parcels, including railroad rights of way lying adjacent to those parcels or to the public roadways lying adjacent to those parcels:

GEORGIA LAWS 2014 SESSION

3619

7-256-012 7-257-237 7-339-214 7-339-219

7-256-150 7-257-247 7-339-216 7-364-009

7-256-152 7-323-032 7-339-217 7-364-060

7-257-092 7-339-027A 7-339-218 7-364-062"

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval or on June 1, 2014, whichever date is later.
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 2014 session of the General Assembly of Georgia a Bill to amend an Act entitled "An Act providing a new Charter for the City of Sugar Hill, Georgia" approved April 17, 1975 (Ga. L. 1975, p. 3232), as amended, particularly by an Act enacted May 14, 2003 (Ga. L. 2003, p. 3546) to provide for a change in the corporate limits of the City and for other purposes.
This 2nd day of January, 2014.
Mayor and Council City of Sugar Hill, Georgia
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Brooks Coleman, who on oath deposes and says that he is the Representative from District 97 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on January 2, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BROOKS COLEMAN Brooks Coleman Representative, District 97

3620

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 22nd day of January, 2014.

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

Approved April 10, 2014.

__________

BERRIEN COUNTY BOARD OF ELECTIONS AND REGISTRATION; COMPOSITION OF BOARD AND SELECTION AND APPOINTMENT OF MEMBERS.

No. 373 (House Bill No. 865).

AN ACT

To amend an Act creating a board of elections and registration for Berrien County, approved May 5, 2005 (Ga. L. 2005, p. 3710), so as to provide for composition of the board and the selection and appointment of members; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a board of elections and registration for Berrien County, approved May 5, 2005 (Ga. L. 2005, p. 3710), is amended by revising Section 3 as follows:

"SECTION 3. (a) Beginning upon the effective date of this Act, the board shall be composed of three members who shall be appointed as provided in this section; until such date, the election superintendent and those members of the board serving on January 1, 2014, shall continue to serve. (b) The members of the board shall be appointed by the governing authority of Berrien County. One member of the board shall be selected by the governing authority of Berrien County to serve as chairperson of the board who shall serve as such during his or her term of office.

GEORGIA LAWS 2014 SESSION

3621

(c) All appointments to the board shall be promptly certified by the governing authority of Berrien County to the clerk of the Superior Court of Berrien County. (d) In making the initial appointments to the board, the members shall be appointed by the governing authority of Berrien County. The governing authority shall designate two of the initial appointees to serve a term beginning on the effective date of this Act and ending on June 30, 2016, and until their successors are duly appointed and qualified. Successors to such members shall thereafter be appointed to serve a term of office of four years beginning July 1, 2016, and until their successors are duly appointed and qualified. The other appointee shall serve a term beginning on the effective date of this Act and ending on June 30, 2018, and until his or her successor is duly appointed and qualified. Successors to such member shall thereafter be appointed to serve terms of office of four years beginning July 1, 2018, and until his or her successor is duly appointed and qualified. Thereafter, all members shall be appointed to serve four-year terms of office. (e) Upon the effective date of this Act, the superintendent of elections of Berrien County and the board of elections and registration of Berrien County serving on January 1, 2014, shall be relieved of all powers and duties to which the reconstituted board succeeds by the provisions of this Act and shall deliver to the reconstituted board all equipment, supplies, materials, books, papers, records, and facilities pertaining to such powers and duties."

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

"SECTION 6. Each member of the board shall be eligible for reappointment, shall have the right to resign at any time by giving written notice of such resignation to the governing authority of Berrien County and to the clerk of the superior court, and shall be subject to removal from the board by the governing authority of Berrien County at any time, for cause, after notice and hearing."

SECTION 3. Said Act is further amended by revising Section 9 as follows:

"SECTION 9. (a) The board shall be authorized to organize itself, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. Action and decision by the board shall be by a majority of the members of the board. The board shall be responsible for the selection, appointment, and training of poll workers in primaries and elections.

3622

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(b) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. Any specially called meeting shall be called by the chairperson or any member 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 4. Said Act is further amended by revising Section 14 as follows:

"SECTION 14. This Act shall become effective upon its approval by the Governor or June 30, 2014, whichever occurs later."

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 2014 session of the General Assembly of Georgia a bill to amend an Act creating a board of elections and registration for Berrien County, approved May 5, 2005 (Ga. L. 2005, p. 3710); and for other purposes.
Representative Penny Houston District 170
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Penny Houston, who on oath deposes and says that she is the Representative from District 170 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Berrien Press which is the official organ of Berrien County on January 22, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ PENNY HOUSTON Penny Houston Representative, District 170

GEORGIA LAWS 2014 SESSION
Sworn to and subscribed before me, this 27th day of January, 2014.

3623

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

Approved April 10, 2014.

__________

COLQUITT COUNTY BOARD OF COMMISSIONERS; MEETINGS.

No. 374 (House Bill No. 866).

AN ACT

To amend an Act recreating and establishing the Board of Commissioners of Colquitt County, approved March 22, 1974 (Ga. L. 1974, p. 3078), as amended, particularly by an Act approved March 12, 1986 (Ga. L. 1986, p. 3735), so as to change the regular meeting requirements; to provide that the board will hold one monthly meeting in each month; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act recreating and establishing the Board of Commissioners of Colquitt County, approved March 22, 1974 (Ga. L. 1974, p. 3078), as amended, particularly by an Act approved March 12, 1986 (Ga. L. 1986, p. 3735), is amended by revising Section 19 as follows:

"SECTION 19. Regular meetings. The board shall hold one monthly session at the courthouse or governmental building in Colquitt County on the first Tuesday in each month. The board shall have the right to hold special and adjourned sessions when, in their discretion, the business of the county may require. Special sessions are to be called by the chairman or by a majority of the board; provided that each board member shall be notified in writing or verbally not less than 24 hours prior to any such meeting. Such notice shall be communicated to the public in compliance with the 'Georgia Open Meetings Act,' O.C.G.A. Section 15-14-1 et seq. Four

3624

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

members of the board shall constitute a quorum at any regular and special session; however, four members shall concur on any matter requiring official action, regardless of the number present at the meeting."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to amend an Act recreating and establishing the Board of Commissioners of Colquitt County, (Ga. L. 1974, p. 3078), as amended; and for other purposes.
/s/ Representative Jay Powell District 171
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jay Powell, who on oath deposes and says that he is the Representative from District 171 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Moultrie Observer which is the official organ of Colquitt County on January 8, 2014, 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 27th day of January, 2014.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 [SEAL]

GEORGIA LAWS 2014 SESSION

Approved April 10, 2014.

__________

3625

POLK COUNTY BOARD OF COMMISSIONERS; MEETINGS; CLERK; MINUTES; COUNTY ATTORNEY; POLICIES AND PROCEDURES FOR REQUISITION OF SUPPLIES AND PAYMENT OF OBLIGATIONS; FINANCIAL STATEMENTS.

No. 375 (House Bill No. 867).

AN ACT

To amend an Act creating a board of commissioners of roads and revenue in and for the County of Polk, approved August 19, 1919 (Ga. L. 1919, p. 719), as amended, so as to revise the place of meeting for the board; to provide for employment of a clerk by the board; to provide for public access to minutes; to provide for continuous service of the county attorney subject to the will of the board; to authorize the board to institute policies and procedures for requisition of supplies and payment of obligations; to require the board to provide certain financial statements upon request by the grand jury; to repeal an obsolete section; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a board of commissioners of roads and revenue in and for the County of Polk, approved August 19, 1919 (Ga. L. 1919, p. 719), as amended, is amended by striking the first paragraph of Section 7 in its entirety and inserting in lieu thereof the following:

"SECTION 7. The regular meeting of the board of commissioners shall be the first Tuesday in each month and shall be held at the county courthouse or other public facility location which has been properly advertised as to date, time, and place of such meeting. At the first regular or special meeting of the board in each calendar year hereafter, or as soon thereafter as practicable, the board shall elect a chairperson who shall serve for one year, or until his or her successor is elected and qualified. It shall be the duty of the chairperson to preside at all meetings of the board; to approve and sign the minutes of each meeting; and to sign, as chairperson, all warrants on the county treasury and all orders and processes of such board of commissioners."

3626

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2. Said Act is further amended by striking Section 9 in its entirety and inserting in lieu thereof the following:

"SECTION 9. The board shall meet in regular session at a public facility location not less than once a month for the transaction of county business but may meet in special sessions whenever, in its judgment, public necessity requires or at any time upon special call of the chairperson. The board shall employ a clerk, and the board shall establish job requirements, a salary, job duties, and bond amount for the clerk. The clerk shall attend all meetings of the board and its committees as directed. The clerk shall keep complete and accurate minutes of such meetings. The clerk shall maintain files of petitions, legal documents, contracts, and records and shall perform other duties as required. All county records and files shall be available for public inspection in accordance with state laws."

SECTION 3. Said Act is further amended by repealing Section 9a in its entirety.

SECTION 4. Said Act is further amended by striking Section 13 in its entirety and inserting in lieu thereof the following:

"SECTION 13. The clerk for the board of commissioners shall, within three working days following a meeting of the commissioners, have unapproved minutes available for public inspection. Upon minutes being formally approved by the board, such approved minutes shall be available for public inspection by the end of the next working day."

SECTION 5. Said Act is further amended by striking Section 14 in its entirety and inserting in lieu thereof the following:

"SECTION 14. The board shall select an attorney who shall serve as the county attorney, and who shall serve in that capacity until relieved by the board. The board shall, at its discretion, have the power to discharge the county attorney and name a replacement at any time. Compensation for the county attorney shall be at the discretion of the board and shall be based on the amount and value of the services rendered."

GEORGIA LAWS 2014 SESSION

3627

SECTION 6. Said Act is further amended by striking Section 16 in its entirety and inserting in lieu thereof the following:

"SECTION 16. Requisition shall be made by all county employees, agents, and officers for supplies, equipment, and materials to the board. Before such supplies, equipment, or materials shall be bought, authority must be obtained from the board to order and to buy the same. The board may establish procedures and policies for purchasing goods and services and may appoint staff to direct, implement, and supervise such policies and procedures. Purchases not made in accordance with board policies and procedures shall not be authorized."

SECTION 7. Said Act is further amended by striking Section 17 in its entirety and inserting in lieu thereof the following:

"SECTION 17. All obligations of the county created under the provisions of this Act shall be paid by the county warrant and as provided in this Act, unless otherwise provided by law, to the party to whom such obligation may be due. The board shall establish policies and procedures which will ensure that all obligations and bills presented are in fact valid and are paid in a timely manner."

SECTION 8. Said Act is further amended by striking Section 18 in its entirety and inserting in lieu thereof the following:

"SECTION 18. The board and appropriate county staff shall provide information, audits, or other appropriate documents as may be requested by the grand jury of Polk County regarding the financial condition of the county."

SECTION 9. 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 2014 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of roads and

3628

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

revenue in and for the County of Polk, approved August 19, 1919 (Ga. L. 1919, p. 719), as amended; and for other purposes.

Representative Trey Kelley District 16

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 January 22, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TREY KELLEY Trey Kelley Representative, District 16

Sworn to and subscribed before me, this 27th day of January, 2014.

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

Approved April 10, 2014.

__________

STEPHENS COUNTY STEPHENS COUNTY PUBLIC FACILITIES AUTHORITY; CREATION.

No. 376 (House Bill No. 873).

AN ACT

To create the Stephens County Public Facilities Authority; to provide for a short title; to provide for definitions; to provide for its purpose; to provide for its powers; to provide for the membership of the authority and their terms of office, qualifications, and compensation;

GEORGIA LAWS 2014 SESSION

3629

to provide for the issuance and sale of revenue bonds and other obligations; to provide that such revenue bonds and other obligations are not general obligations; to provide for trust indentures; to provide for the security for such revenue bonds and other obligations; to provide for refunding revenue bonds and other obligations; to provide for a principal office; to provide for validation; to provide for no impairment of rights; to provide for trust funds and investments; to provide for the power to set rates, fees and charges; to provide for exemptions from taxation; to provide for tort immunity; to provide for exemptions from levy and sale; to provide for its area of operation; to provide for supplemental powers; to provide for no power to impose taxes or exercise the power of eminent domain; to provide for the conveyance of property upon dissolution; to provide for liberal construction; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Short title.

This Act shall be known and may be cited as the "Stephens County Public Facilities Authority Act."

SECTION 2. 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 Stephens County Public Facilities Authority created by this Act. (2) "Cost of the project" shall include (A) the cost of construction; (B) the cost of all land and interests therein, properties, rights, easements, and franchises acquired; (C) the cost of acquiring, constructing, or erecting buildings, improvements, materials, labor, and services; (D) the cost of all fixtures, furnishings, machinery and equipment; (E) issuance costs, including, but not limited to, fees or discounts of underwriters or placement agents, the funding of reserve accounts, financing charges including interest prior to and during the construction or acquisition of any project and for up to one year after such project is placed into service and operational at the level intended; (F) the cost of construction, engineering, architectural, fiscal, accounting, inspection, and legal expenses relating to a project or to the financing or refinancing of any project and other expenses necessary or incident to determining the feasibility or practicability of any project; (G) administrative expenses relating to any project or the financing or refinancing thereof, and such other expenses as may be necessary or incident to the financing or refinancing of a project herein authorized, the acquisition, construction, renovation, reconstruction, or remodeling of a project, and the placing of the same in operation. Any obligation or expense incurred for any of the

3630

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

foregoing purposes shall be regarded as part of the cost of the project and may be paid or reimbursed as such out of any funds of the authority, including proceeds of any revenue bonds or other obligations issued under the provisions hereof for any such project or projects and the proceeds of the sale of any contracts, lease agreements, or installment sales agreements or the amounts payable thereunder, either directly or by the creation of interests therein. (3) "County" means Stephens County, Georgia, or its successor. (4) "Obligations" means and includes revenue bonds, bond anticipation notes, other promissory notes, certificates of participation, custodial receipts or other similar instruments creating interests in any contracts, lease agreements, or installment sales agreements or in the amounts payable to the authority, directly or indirectly, thereunder. (5) "Private person" means any individual or any legal entity, other than a public body, whether operated for profit or not for profit. (6) "Project" means 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, 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. (7) "Public bodies" means and includes the United States of America and any federal agency, department, authority or any branch of its armed services, and any county, political subdivision or municipality of the state, and any state or local government agency, department, authority, agency, board, authority, or instrumentality, each being a "public body." (8) "Revenue bonds" means revenue bonds issued by the authority pursuant to the terms of this Act or under Article 3 of Chapter 82 of Title 36 of the O.C.G.A, known as the "Revenue Bond Law." (9) "State" means the State of Georgia.

SECTION 3. Creation of authority; purpose.

There is created a body corporate and politic to be known as the "Stephens County Public Facilities Authority," which shall be deemed to be a public corporation. Such corporation shall be separate and distinct from any public corporation or other entity heretofore created

GEORGIA LAWS 2014 SESSION

3631

by the General Assembly and shall be an instrumentality of the state exercising governmental and proprietary powers. The authority is created for the purpose of promoting the public good and general welfare of the citizens of the county and of the state and financing and providing facilities, equipment, and services within the county, for sale to, lease or sublease to, or operation by any public body or any private person. In connection with the exercise of any of its powers, the members of the authority may make findings or determinations that the exercise of its powers as proposed will promote the public good and general welfare, and assist public bodies in providing facilities, equipment, and services in the county, and such findings or determinations, if made, shall be conclusive and binding and shall not be subject to review.

SECTION 4. Powers of the authority.

The authority shall have the power: (1) To sue and be sued; (2) To have and to use a seal and to alter the same at its pleasure; (3) To acquire, construct, purchase, hold, own, lease as lessee, expand, improve, renovate, repair, maintain, and operate real and personal property or interests therein; (4) To enter into contacts for operation, management, maintenance and repair of any of its property and for other purposes; (5) To sell, lease as lessor, or otherwise transfer, pledge or dispose of any real and personal property or interests therein. In connection with any such lease, sale, transfer, assignment, or other disposition, to the extent allowed by general law the authority need not comply with any other provision of law requiring public bidding or any notice to the public of such lease, sale, transfer, assignment, or other disposition; (6) To exercise the powers conferred upon a "public corporation" or a "public authority" by Article IX, Section III, Paragraph I of the Constitution of Georgia, such authority being expressly declared to be a "public corporation" or a "public authority" within the meaning of such provision of the Constitution of Georgia; (7) To acquire projects and other property in its own name by gift or by purchase on such terms and conditions and in such manner as it may deem proper. If the authority shall deem it expedient to construct any project on real property or any interest therein or usufruct therein which is subject to the control of any other public body, then such other public body is hereby authorized to convey or lease such real property or interest therein to the authority for no consideration or for such consideration as may be agreed upon by the authority and such other public body, taking into consideration the public benefit to be derived from such conveyance, lease or usufruct. Any public body may transfer such real property or interest therein without regard to any determination as to whether or not such property or interest therein is surplus; (8) To accept gifts and bequests for its corporate purposes;

3632

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(9) To appoint, select, and employ, with or without bidding as the authority may choose, officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, underwriters or other advisors, and attorneys, and to fix their compensation; (10) To make and execute with one or more public bodies and private persons contracts, lease agreements, rental agreements, installment sale agreements, and other instruments relating to the property of the authority and incident to the exercise of the powers of the authority, including contracts for constructing, renting, leasing, and selling its projects for the benefit of other public bodies and, without limiting the generality of the foregoing, authority is specifically granted to the authority and to other public bodies to enter into contracts, lease agreements, rental agreements, installment sale agreements, and related agreements with each other relating to the provision of any project or services for a term not exceeding 50 years, as provided in Article IX, Section III, Paragraph I (a) of the Constitution of Georgia; (11) To the extent not prohibited by the Constitution of the state or by general law, to be a co-owner, along with other public bodies and private persons, of any property or business entity if the authority finds and determines that such co-ownership is in the best interests of the authority and will serve the public purposes of the authority; (12) To purchase policies of insurance as may be deemed appropriate for its corporate purposes; (13) To operate, lease, sell, transfer, or otherwise dispose of any property, real or personal, or assets of the authority, or to assign its rights under its contracts, lease agreements, or installment sale agreements or its right to receive payments thereunder, either directly or through trust or custodial arrangements whereby interests are created in such contracts, lease agreements, or installment sale agreements or the payments to be received thereunder through the issuance of trust certificates, certificates of participation, custodial receipts, or other similar instruments. In connection with any such lease, sale, transfer, assignment, or other disposition, the authority need not comply with any other provision of law requiring public bidding or any notice to the public of such lease, sale, transfer, assignment, or other disposition; (14) To accept loans and grants of money or property of any kind from the United States, or any public body or private person and all public bodies are authorized to make grants to the authority, subject to any limitations in the Constitution of Georgia; (15) To borrow money for any of its corporate purposes and to issue revenue bonds and other obligations payable from funds or revenues of the authority pledged for that purpose and to pledge and assign any of its revenues, income, rents, charges, and fees to provide for the payment of the same and to provide for the rights of the holders of such obligations; (16) To enter into (A) interest rate swaps, collars, or other types of interest rate management agreements, or (B) credit enhancement or liquidity agreements relating to any obligations of the authority, provided that the obligation of the authority under such agreements shall not be a general obligation of the authority but shall be a limited

GEORGIA LAWS 2014 SESSION

3633

obligation of the authority payable from a specific source of funds identified for such purpose; (17) To make such rules and regulations governing its employees and property as it may in its discretion deem proper; (18) To be sued the same as any private corporation on any contractual obligation of the authority. The authority shall have the same rights to sue any other person or entity as any private corporation; (19) To issue its revenue bonds or other obligations to finance or refinance any project which may be financed by any public body; and (20) To have and exercise usual powers of private corporations except such as are inconsistent with this Act or inconsistent with general law, and to do any and all things necessary and convenient to accomplish the purpose and powers of the authority as herein stated.

SECTION 5. Members of the authority; terms of office.

(a) Each person who is serving as a member of the Stephens County Development Authority when this Act first becomes law shall also serve as an initial member of the authority for a term of office ending upon the expiration of such person's current term of office as a member of the Stephens County Development Authority. Thereafter, the Chairperson of the Stephens County Chamber of Commerce, the Mayor of Toccoa, Georgia, and the Chairperson of the Stephens County Board of Commissioners shall be ex-officio members of the Authority. In addition, the Board of Commissioners of the county shall appoint two members who shall serve for a term of five years and shall be eligible for re-appointment. Vacancies shall be filled for the unexpired term by the said Board of Commissioners of the county. In the event a vacancy occurs as to a member of the authority during the term of office of such member, the Board of Commissioners of the county shall appoint a successor for the remainder of the unexpired term. A majority of the members of the authority holding office at any time shall constitute a quorum, and no vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority and, in every instance, a majority vote of a quorum shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds and other obligations. The members of the authority shall elect among themselves a president, vice-president, and secretary-treasurer, except that by a majority vote of the entire membership, they may elect a person as secretary-treasurer who is not a member of the authority. The members of the authority shall not be entitled to compensation for their services as members of the authority, but may be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority may make rules and regulations for its own governance and it shall have perpetual existence.

3634

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(b) Any change in name or composition of the authority shall in no way affect the vested rights of any private person or public body under the provisions of this Act or impair the obligations of any contracts existing under this Act.
(c) The members of the Board of Commissioners of the county may vote on transactions between the county and the authority and the members of the authority may likewise vote on transactions between the county and the authority and the same shall not be deemed to create any conflict of interest.

SECTION 6. Issuance and sale of revenue bonds and other obligations.

The authority shall have power and is authorized from time to time to provide for the issuance and sale of negotiable revenue bonds in the manner provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law," and may issue other obligations for the purpose of paying all or any part of the cost of any one or more projects, including the cost of constructing, reconstructing, equipping, extending, adding to, or improving any such project, or for the purpose of refunding, as herein provided, any such bonds or other obligations of the authority or to refund bonds or other obligations of any other authority or public body previously issued to finance or refinance the cost of a project. The principal of and interest on such revenue bonds or other obligations shall be a limited obligation of the authority payable solely from the source or sources of funds specified in the indenture or resolution of the authority authorizing the issuance of such revenue bonds or other obligations. Such revenue bonds or other obligations shall mature on such dates, bear interest at such rate or rates, whether fixed or variable, be subject to redemption and have such other terms as the authority may provide in the indenture or resolution relating thereto. Such revenue bonds or other obligations may be issued for cash, property or other consideration and may be sold in a negotiated sale or in a public sale at such price on such terms as the authority may determine. The offer, sale, or issuance of bonds or other obligations of the authority shall be exempt from registration to the extent provided in Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Securities Law," or any other law, including, without limitation, the Georgia Uniform Securities Act of 2008 contained in Chapter 5 of Title 10 of the O.C.G.A., as the same may be amended from time to time.

SECTION 7. Revenue bonds or other obligations not a debt or general obligation.

Revenue bonds or other obligations issued under the provisions of this Act or any loan incurred as authorized herein shall not constitute a debt or a pledge of the faith and credit of any other public body, but shall be payable solely from the sources as may be designated in the resolution or indenture of the authority authorizing the issuance of the same. The issuance of such obligations shall not directly, indirectly, or contingently obligate any public

GEORGIA LAWS 2014 SESSION

3635

body to levy or to pledge any form of taxation whatsoever for the payment thereof, unless otherwise provided by an intergovernmental contract executed by such public body. No holder of any bond or other obligation or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of any other public body nor shall any such bond or other obligation constitute a charge, lien, or encumbrance, legal or equitable, upon any such property unless otherwise provided by an intergovernmental contract executed by such other public body and the authority. All such obligations shall contain on their face a recital setting forth substantially the foregoing provisions of this section. Nothing in this section shall be construed to prohibit any other public body from obligating itself to pay the amounts required under any intergovernmental contract entered into with the authority pursuant to Article IX of the Constitution of Georgia or any successor provision, including (if such other public body has taxing power) from funds received from taxes to be levied and collected by such other public body for that purpose and from any other source.

SECTION 8. Issuance of bonds or obligations under indentures or resolutions.

In the discretion of the authority, any issuance of such revenue bonds or other obligations may be secured by a trust indenture by and between the authority and a trustee, which may be any trust company or bank having the powers of a trust company within or outside the state. Such trust indenture may pledge or assign fees, tolls, rents, revenues, and earnings to be received by the authority, including the proceeds derived from the financing, sale, or lease, or operation from time to time, of any project. Either the resolution providing for the issuance of revenue bonds or other obligations or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the owners of such bonds or obligations as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority or any lessee or purchaser in relation to the acquisition and construction of any project, the maintenance, operation, repair, and financing of any project, and the custody, safeguarding, and application of all moneys, including the proceeds derived from the sale or lease of any project or from the sale of any such revenue bonds or other obligations and may contain provisions concerning the conditions, if any, upon which additional bonds or other obligations may be issued, whether on a parity with or subordinate to, any other obligations issued by the authority. Such indenture or resolution may set forth the rights and remedies of the owners of such obligations and of the trustee. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the owners of such bonds or other obligations or 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.

3636

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 9. Security for the payment of bonds or other obligations.

The authority may assign or pledge any property, or revenues and its interest in any contracts, lease agreements, or installment sales agreements, or the amounts payable thereunder, to the payment of the principal and interest on revenue bonds and other obligations of the authority as the resolution authorizing the issuance of the bonds or other obligations or the trust indenture may provide. The use and disposition of such property or revenues assigned to the payment of bonds or other obligations shall be subject to the indenture or resolution authorizing the issuance of such revenue bonds or obligations. Any lien created by the authority for the payment of such bonds or obligations may be a first lien or a subordinate lien as the authority may provide, and any such indenture or resolution may provide, at the option of the authority, for the issuance of additional bonds or other obligations sharing any lien on a parity or subordinate lien basis.

SECTION 10. Refunding bonds or obligations.

The authority is authorized to provide by resolution for the issuance of obligations, whether revenue bonds or other obligations, for the purpose of refunding any revenue bonds or other obligations issued under the provisions of this Act or under any other provision of state law so long as such bonds or other obligations were issued for a purpose or project for which the authority could issue bonds or other obligations. The issuance of such refunding bonds or other obligations and all the details thereof, the rights of holders thereof, and the duties of the authority with respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.

SECTION 11. Principal office; venue.

The principal office of the authority shall be in the county, and the venue of any action against it shall be in the county. Service upon the authority of any process, subpoena, or summons shall be effected by serving the same personally upon any member of the authority.

SECTION 12. Validation of revenue bonds; elective validation of other obligations.

Revenue bonds of the authority shall be confirmed and validated in accordance with the procedure now or hereafter set forth in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law," as the same now exists or may hereafter be amended. At the election of the authority, other obligations of the authority may be validated as if they

GEORGIA LAWS 2014 SESSION

3637

were revenue bonds. The petition for validation shall name the authority as a defendant and may also make a party defendant to such action any other private person or public body that has or will contract with the authority with respect to the project for which revenue bonds or other obligations are to be issued and are sought to be validated. The bonds or other obligations, when validated, and the judgment of validation shall be final and conclusive with respect to the validity of such bonds or other obligations and the security therefor against the authority, other parties to the validation and against all other private persons and public bodies, regardless of whether such private persons or public bodies were parties to such validation proceedings. Any action pertaining to the validation of any revenue bonds or other obligations issued under the provisions of this Act and for the validation of any instruments entered or to be entered into by the authority or other private persons or public bodies securing the same shall be brought in the Superior Court of the county, and such court shall have exclusive original jurisdiction of such actions.

SECTION 13. No impairment of rights.

While any of the bonds or other obligations issued by the authority or any interests in contracts of the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds or obligations or such interests in contracts of the authority. The provisions of this section of this Act shall be for the benefit of the authority and of the holders of any such bonds or obligations and interests in contracts of the authority and, upon the issuance of bonds or obligations or the creation of interests in contracts of the authority under the provisions of this Act, shall constitute a contract with the holders of such bonds or obligations or such interests in contracts of the authority.

SECTION 14. Trust funds; permitted investments.

All moneys received by the authority pursuant to this Act, whether as proceeds from the sale of revenue bonds or obligations of the authority, as grants or other contributions, or as revenues, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act and in such resolutions and trust indentures as may be adopted and entered into by the authority pursuant to this Act. Any such moneys or funds may be invested from time to time in such investments as may be permitted under the indenture, agreement, or resolution establishing the fund or account in which such funds are held, or if not held in such a fund or account, in such investments as would be permitted for investments of a development authority created under Code Section 36-62-1, et seq. of the O.C.G.A.

3638

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 15. Power to set rates, fees, and charges.

The authority is authorized to operate, sell, or lease any project and to prescribe and fix rates, fees, tolls, rents, and charges and to revise, from time to time, and collect such revised rates, fees, tolls, rents, and charges for the services, facilities, or commodities furnished, including leases, concessions, and subleases of its projects, and to determine the price and terms at and under which its projects may be sold, leased, or otherwise disposed of. The authority may establish in its discretion procedures for contracting for any work done for the authority or for the acquisition, sale, transfer, lease, management, or operation of any property, real or personal, of the authority. The authority may contract with others, including private persons, for services relating to the management, operation, sale, or leasing of any project.

SECTION 16. Revenue bonds or other obligations exempt from taxation.

All revenue bonds or other obligations issued as provided in this Act are declared to be issued or incurred for an essential public and government purpose and such obligations and the interest thereon shall, to the extent not prohibited by general law, be exempt from all taxation within this state, whether or not the income on such bonds or other obligations is excludable from the gross income of the holders thereof for federal income tax purposes.

SECTION 17. Essential governmental function; no taxes or assessments.

It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose, and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this Act. The property of the authority is declared to be public property that is exempt from taxes under subparagraph (a)(1)(A) of Code Section 48-5-41 of the O.C.G.A. To the extent not prohibited by general law, the tax exemption for property of the authority shall extend to leasehold interests of lessees thereof.

SECTION 18. Immunity of authority and members.

The authority shall have the same immunity and exemption from liability for torts and negligence as the county and the officers, agents, and employees of the authority, when in the performance of the work of the authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the county.

GEORGIA LAWS 2014 SESSION
SECTION 19. Authority property not subject to levy and sale.

3639

The property of the authority shall not be subject to levy and sale under legal process, except this provision shall not preclude a sale or foreclosure of any property under the terms of any deed to secure debt, mortgage, assignment, or security agreement that the authority has executed.

SECTION 20. Authority area of operation.

Nothing in this Act shall prevent the authority from contracting with any entity or body, public or private, outside of the county with respect to any project located in the county or located outside of the county in furtherance of its public purposes.

SECTION 21. 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 22. No power to impose taxes or exercise power of eminent domain.

The authority shall not have the right to impose any tax on any person or property and shall not have the right to exercise the power of eminent domain.

SECTION 23. Conveyance of property upon dissolution.

Should the authority for any reason be dissolved after full payment of all revenue bonds and other obligations of the authority and the termination of any leases, contracts, or options to which the authority is a party, the interest and any redemption premiums thereon, title to the items of property and funds of the authority held at the time of dissolution shall, prior to such dissolution, be conveyed and transferred to such one or more public bodies, as the authority shall elect.

SECTION 24. Act to be liberally construed.

This Act shall be liberally construed to effect the purposes hereof.

3640

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 the General Assembly to enact each provision of this Act independently of any other provision hereof.

SECTION 26. Effective date.

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

SECTION 27. Conflicting laws.

All laws and parts of laws in conflict with this Act are, to the extent of such conflict, repealed.

Notice Of Intention To Introduce Local Legislation
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to create the Stephens County Public Facilities Authority; and for other purposes.
Representative Dan Gassaway 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 Toccoa Record which is the official organ of Stephens County on January 23, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2014 SESSION
s/ DAN GASAWAY Dan Gasaway Representative, District 28

3641

Sworn to and subscribed before me, this 28th day of January, 2014.

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

Approved April 10, 2014.

__________

BARROW COUNTY COMMUNITY IMPROVEMENT DISTRICTS; CREATION.

No. 377 (House Bill No. 879).

AN ACT

To provide for the creation of one or more community improvement districts in Barrow County and in each municipality therein; to provide for a short title; to provide for the purposes of such districts; to provide for definitions; to provide for boards to administer such 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; to provide for cooperation with local governments; to provide for powers of such boards; to provide for general obligation bonds, notes, and other obligations of such districts; to provide for the form of bonds, provisions for exchange and transfer, certificates of validation, and specification of interest rates; to provide for use of proceeds of sale of bonds and notes; 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 shall be required; to provide for dissolutions; to provide for procedures, conditions, and limitations; to provide for related matters; 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:

3642

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1. Short title.

This Act shall be referred to as the "Barrow 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 Barrow County and within each municipality therein, and such districts shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating each district created by this Act or any supplemental resolution amending same:
(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 herein, the term: (1) "Agricultural" means the growing of crops for sale or raising of animals for sale or use, including the growing of field crops, fruit or nut trees, the raising of livestock or poultry, and the operation of dairies, horse-boarding facilities, and riding stables. (2) "Board" means the governing body created for the governance of each community improvement district herein authorized. (3) "Bonds" or "general obligation bonds" means any bonds of a district which are authorized to be issued under the Constitution and laws of Georgia, including refunding bonds but not including notes or other obligations of a district. (4) "Caucus of electors" means for each district the meeting of electors hereinafter provided for at which the elected board members of the district are elected. A quorum at such caucus shall consist of those electors present, and a majority of those present and voting is necessary to elect board members. No proxy votes may be cast. (5) "Cost of the project" or "cost of any project" means and includes:

GEORGIA LAWS 2014 SESSION

3643

(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 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 any of the foregoing costs, including interest thereon and any other expenses of such loans; (K) Administrative expenses of the board and such other expenses as may be necessary or incidental to any project or the financing thereof or the placing of any project in operation; and (L) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the board may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any bonds, notes, or other obligations of the district may be authorized. Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of proceeds of bonds, notes, or other obligations issued by the district.

3644

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(6) "District" means the geographical area designated as such by the resolution of the governing body or bodies 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 hereto, as the context requires or permits. (7) "Electors" means the owners of real property within the district which is then subject to taxes, fees, and assessments levied by the board, as appear on the most recent ad valorem real property tax return records of Barrow 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 a numerical majority. An owner of multiple parcels has one vote, not one vote per parcel, for an election based on numerical majority. Multiple owners of one parcel have one vote for an election based on numerical majority which must be cast by one of their number who is designated in writing. (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 Barrow 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 improvements already in existence at the time of creation of the community improvement district. (9) "Equity electors" means electors who cast votes equal to one vote for each $1,000.00 or fraction thereof in assessed value of all owned real property within the district which is then subject to taxes, fees, and assessments levied by the board. Value of real property shall be the assessed value. In the event the owner shall be a corporation, trust, partnership, multiple owners, or any other entity, one person shall be designated as elector and such designation shall be made in writing. (10) "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.

GEORGIA LAWS 2014 SESSION

3645

(11) "Hereby," "herein," "hereinafter," and "herewith" mean under this Act. (12) "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. (13) "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 Barrow County within the district as certified by the Barrow 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. (14) "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. (15) "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. (16) "Taxpayer" means any entity or person paying ad valorem taxes on real property, whether on one or more parcels of property within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole.

SECTION 4. Creation.

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 Barrow 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 set forth in this section. Each district shall be governed by a board constituted as provided in Section 5 of 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:

3646

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(A) The Board of Commissioners of Barrow County if the district is located wholly within the unincorporated area of Barrow County; (B) The governing authority of the municipality if the district is located wholly within the incorporated area of a municipality; or (C) The governing authorities of Barrow County and any municipality in which the district is partially located if it is located partially within the unincorporated area of Barrow County and partially within the incorporated area of any municipality; and (2) Written consent to the creation of the community improvement district by: (A) A majority of the owners of real property within the district which will be subject to taxes, fees, and assessments levied by the board of the district; (B) The owners of real property within the district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board; and for this purpose value shall be determined by the most recent approved county ad valorem tax digest; and (C) The written consent provided for in this paragraph shall be submitted to the tax commissioner of Barrow County, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each such proposed district. No district or board created under this Act shall transact any business or exercise any powers under this Act until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State, who shall maintain a record of all districts activated under this Act, and with the Department of Community Affairs.

SECTION 5. Administration, appointment, and election of board members.

(a) Each district created pursuant hereto shall be administered by a board composed of a minimum of seven board members to be appointed and elected as hereinafter provided. One board member shall be appointed by the Barrow County Board of Commissioners. One board member shall be appointed by the governing authority of each municipality if any portion of the district lies within the incorporated area of such municipality, three board members shall be elected by the vote of electors, and three members shall be elected by the vote of equity electors. The board shall be seven in number plus one for each member appointed by the governing authority of each municipality as provided above. The members representing the electors and equity electors shall be elected to serve in post positions 1 through 6, respectively. Each elected board member must receive a majority of the votes cast for the post for which he or she is a candidate. Votes for posts 1, 2, and 3 shall be cast by electors and votes for posts 4, 5, and 6 shall be cast by equity electors. The initial term of office for the members representing posts 1 and 4 shall be one year. The initial term of office for the members representing posts 2 and 5 shall be two years and the initial term of office of the members representing posts 3 and 6 shall be three years. Thereafter, all terms of office

GEORGIA LAWS 2014 SESSION

3647

shall be for three years, except the appointed board members who serve at the pleasure of the governing body which appointed them. (b) The initial board members to be elected as provided above 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 herein provided at such time and place within the district as the Board of Commissioners of Barrow County, or governing body of the municipality if the district lies wholly within the incorporated area thereof, shall designate after notice thereof shall have been given to such electors by publishing same in the legal organ of Barrow County as hereinafter provided. Thereafter, there shall be conducted annually, not later than 60 days following the last day for filing ad valorem real property tax returns in Barrow 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 board member positions whose terms expire or are vacant. If a vacancy occurs in an elected position on the board, the board shall, within 60 days thereof, call a special election to fill the same to be held within 60 days of the call unless such vacancy occurs within 180 days of the next regularly scheduled election, in which case a special election may, but need not, be called. For any election held hereunder, notice thereof shall be given to such electors by publishing notice thereof in the legal organ of Barrow County at least once each week for four weeks prior to such election. (c) Board members shall be subject to recall as follows:
(1) By election, called by a resolution of the Board of Commissioners of Barrow County; (2) By election, called by a resolution of the administrative board of the district; (3) By election, called by a petition of 20 percent of the electors or a petition of 20 percent of eligible votes represented by equity electors; (4) Upon petition of either a majority of the electors within the district or a majority of the equity electors within the district, provided that, if the petition is for recall of an elected board member, the petition shall be from the category of voters who elected the board member; or (5) Upon the termination of an agreement of cooperation. Termination is in the event such agreement of cooperation shall lapse (i.e., failure to reenact by the following December 31 after an existing agreement of cooperation shall expire on its own terms) or an affirmative resolution of rejection of an agreement or reenactment of an agreement of cooperation by one of the necessary parties so that no agreement of cooperation is in force. (d) 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. (e) Board members shall receive no compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. They shall elect one of their number as chairperson and another as vice chairperson 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 or an elector.

3648

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(f) If the boundaries of a district are subsequently changed after creation of the district to include land within a municipality which was not a party to the creation of the district, or if a municipality's boundaries are changed to include land within a then existing district, the governing authority of the municipality shall acquire the right to appoint a member to the board of the district upon entering into the cooperation agreement provided for in Section 9 hereof. If the boundaries of a district or municipality are subsequently changed after creation of a district to include land within the unincorporated area of Barrow County and the district originally had no land within the unincorporated area of Barrow County, the Board of Commissioners of Barrow County shall acquire the right to appoint a member to the board of the district upon entering into the cooperation agreement provided for in Section 9 hereof. If, by municipal annexation or by deannexation of land from a district, the district no longer includes land within the unincorporated area of Barrow County or within a municipality, respectively, then the board member of the district appointed by such governing authority in which the district is no longer located shall cease to be a board member. (g) Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," shall not apply to the election of district board members. The district board may adopt such bylaws not inconsistent herewith to provide for any matter concerning such elections.

SECTION 6. Taxes, fees, and assessments.

(a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia 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 subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the county or municipality as a whole. Any tax, fee, or assessment so levied shall be collected by Barrow County if the district lies wholly or partly within the unincorporated area of Barrow County, and by the municipality within which it lies if it is wholly within a municipality, in the same manner as taxes, fees, and assessments are levied by Barrow County or the municipality, respectively. Delinquent taxes shall bear the same interest and penalties as Barrow County or municipal ad valorem taxes, respectively, 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

GEORGIA LAWS 2014 SESSION

3649

1 percent thereof, but not more than $25,000.00 in any one calendar year, shall be transmitted by Barrow County or the municipality who collects same to the board and shall be expended by the board only for the purposes authorized hereby. (b) The board shall levy the above-provided taxes 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, if possible. (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 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 Board of Commissioners of Barrow County if wholly within the unincorporated area of Barrow County and such municipalities within which the district may be partially located if partially within the unincorporated area of Barrow 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 hereof, or as may thereafter be added as hereinafter provided. (b) The boundaries of a district may be increased after the initial creation of a district pursuant to the following:
(1) Written consent of a majority of the owners of real property within the area sought to be annexed and which will be subject to taxes, fees, and assessments levied by the board of the district is first obtained; (2) Written consent of owners of real property within the area sought to be annexed which constitutes at least 75 percent by value of the property which will be subject to taxes, fees, and assessments levied by the board. 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 Barrow County, if any portion of the district is or is to be in the unincorporated area of Barrow County, and such municipalities as may have area within the district before or after the annexation.

3650

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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, which debt shall be backed by the full faith, credit, and taxing power of the district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the district.

SECTION 9. Cooperation with local governments.

The services and facilities provided pursuant to this Act shall be provided for in a cooperation agreement executed jointly by the board and the governing bodies of Barrow County and any municipalities within which the district is partially located. The provisions of this section shall in no way limit the authority of Barrow County or any such municipality to provide services or facilities within the district; and Barrow 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. Any community improvement district created pursuant to this Act shall indemnify and hold harmless the State of Georgia, Barrow County, any municipality located wholly or partially within such community improvement district, and any other unit of government of the State of Georgia other than such community improvement district from any claim or cause of action asserted against, or which is capable of assertion against, such community improvement district arising from the acts or omissions of the community improvement district. Neither the State of Georgia, Barrow County, any municipality located wholly or partially within such district, nor any other unit of government of the State of Georgia other than the district shall be responsible or liable for payment of any sum arising from a claim or cause of action asserted, or which might have been asserted, against such community improvement district arising from the acts or omissions of the community improvement district.

GEORGIA LAWS 2014 SESSION

3651

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 hereof, including, without limiting the generality of the foregoing, the power:
(1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, contracts with respect to the use of projects, and agreements with other jurisdictions or community improvement districts regarding multijurisdictional projects or services or for other cooperative endeavors to further the public purposes of the district; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (5) To finance (by loan, grant, lease, or otherwise), 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, guarantees, or other financial assistance in furtherance of the district's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source; (9) Subject to formal approval by the vote of the Board of Commissioners of Barrow County, and governing body of the municipality if the district lies wholly or partially

3652

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

within the incorporated area thereof, 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 grants 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; (10) 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; (11) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or political subdivision of the state 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; (12) To receive and use the proceeds of any tax levied by any county or any municipal corporation to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant hereto; (13) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (14) 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; (15) 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; (16) 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 Barrow County and any municipal corporations in which the district is wholly or partially located; (17) 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; (18) 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 (19) To do all things necessary or convenient to carry out the powers conferred hereby.

GEORGIA LAWS 2014 SESSION

3653

(b) The powers enumerated in each paragraph of subsection (a) of this section are cumulative of and in addition to those powers enumerated herein and elsewhere in this Act; and no such power limits or restricts any other power of the board.

SECTION 11. Bonds generally.

(a) Notes or other obligations issued by a district other than general obligation bonds shall be paid solely from the property pledged to pay such notes or other obligations. General obligation bonds issued by any district shall constitute a general obligation of the district to the repayment of which the full faith 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. (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 hereunder. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) There shall be no limitation upon the interest rates or any maximum interest rate or rates on any bonds, notes, or other obligations of the district; and the usury laws of this state shall not apply to bonds, notes, or other obligations of these districts. (f) Bonds issued by a district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (g) Bonds shall bear a certificate of validation. The signature of the clerk of the Superior Court of Barrow 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.

3654

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(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 therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (i) The terms "cost of the project" and "cost of any project" shall have the meaning prescribed herein whenever those terms are referred to in bond resolutions of a board, in bonds, notes, or other obligations of the district, or in notices or proceedings to validate such bonds, notes, or other obligations of a district.

SECTION 12. Authorized contents of agreements and instruments of the board generally; use of
proceeds of sale of bonds, notes, etc.; subsequent issues of bonds, notes, etc.

(a) Subject to the limitations and procedures provided by this section and Section 11 of this Act, the agreements or instruments executed by a board may contain such provisions not inconsistent with law as shall be determined by such board. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by a district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted herein, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance hereunder. (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.

GEORGIA LAWS 2014 SESSION

3655

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.

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 Barrow County Board of Commissioners if wholly within the unincorporated area of Barrow County and such municipalities within which the district may be located if partially within the unincorporated area of Barrow 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 (66.67 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 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 Barrow 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

3656

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

properties, the board shall request dissolution by the governing authority and shall forward such ballots to the Barrow County tax commissioner for certification. (c) In the event that successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Following a successful dissolution action and until the dissolution becomes effective, no new projects may be undertaken, obligations or debts incurred, or property acquired. (d) Upon a successful dissolution action, all noncash assets of the district other than public facilities or land or easements to be used for such public facilities, as described in Section 2 of this Act, shall be reduced to cash and, along with all other cash on hand, shall be applied to the repayment of any 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 by the property owner relative to the total revenues paid by all property owners in the district. (e) When a dissolution becomes effective, the governing authority of Barrow County, 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. Severability.

In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

SECTION 16. Effective date.

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

SECTION 17. Repealer.

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

GEORGIA LAWS 2014 SESSION

3657

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to provide for the creation of one or more community improvement districts in Barrow County and in each municipality herein; and for other purposes.

Representative Terry England District 116

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry England, who on oath deposes and says that he is the Representative from District 116 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Barrow County News which is the official organ of Barrow County on January 19, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TERRY ENGLAND Terry England Representative, District 116

Sworn to and subscribed before me, this 27th day of January, 2014.

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

Approved April 10, 2014.

__________

3658

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

BARROW COUNTY REDEVELOPMENT POWERS; REFERENDUM.

No. 378 (House Bill No. 880).

AN ACT

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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

SECTION 2. The election superintendent of Barrow County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Barrow County for approval or rejection. The election superintendent shall conduct such election on the earliest practical date under Code Section 21-2-540 of the O.C.G.A. and shall issue the call and conduct such election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Barrow County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes Barrow County to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may
( ) NO be amended from time to time, for the purpose of improving economic and social conditions in depressed areas within the county?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on

GEORGIA LAWS 2014 SESSION

3659

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 such election date. The expense of such election shall be borne by Barrow 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 2014 session of the General Assembly of Georgia a bill to authorize Barrow County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to repeal conflicting laws; and for other purposes.
Representative Terry England District 116
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry England, who on oath deposes and says that he is the Representative from District 116 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Barrow County News which is the official organ of Barrow County on January 22, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ TERRY ENGLAND Terry England Representative, District 116

3660

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 27th day of January, 2014.

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

Approved April 10, 2014.

__________

CITY OF RUTLEDGE HOMESTEAD EXEMPTION; CITY TAXES; SENIOR CITIZENS; REFERENDUM.

No. 379 (House Bill No. 888).

AN ACT

To provide a homestead exemption from City of Rutledge ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Rutledge. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include not more than ten contiguous acres of homestead property. (3) "Senior citizen" means a person who is 65 years of age or older on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Rutledge who is a senior citizen is granted an exemption on that person's homestead from City of Rutledge ad valorem taxes for municipal purposes in

GEORGIA LAWS 2014 SESSION

3661

the amount of $10,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the governing authority of the City of Rutledge, or the designee thereof, giving the person's age and such additional information relative to receiving such exemption as will enable the governing authority of the City of Rutledge, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such person for such exemption. The governing authority of the City of Rutledge, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the person granted the homestead exemption under subsection (b) of this section occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Rutledge, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to City of Rutledge ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2015.

SECTION 2. The municipal election superintendent of the City of Rutledge 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 Rutledge for approval or rejection. The municipal election superintendent shall conduct that election in 2014 on a date specified in O.C.G.A. 21-2-540 and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Morgan County. The ballot shall have written or printed thereon the words:

3662

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"( ) YES Shall the Act be approved which provides a homestead exemption from City of Rutledge ad valorem taxes for municipal purposes in the amount of
( ) NO $10,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older?"

All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 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 the City of Rutledge. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to provide a homestead exemption from City of Rutledge ad valorem taxes for municipal purposes; and for other purposes.
s/ Representative Doug Holt
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Doug Holt, who on oath deposes and says that he is the Representative from District 112 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Morgan County Citizen which is the official organ of Morgan County on January 16, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2014 SESSION
s/ DOUG HOLT Doug Holt Representative, District 112

3663

Sworn to and subscribed before me, this 31st day of January, 2014.

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

Approved April 10, 2014.

__________

FORSYTH COUNTY COMMUNITY REDEVELOPMENT DISTRICT; CREATION.

No. 380 (House Bill No. 892).

AN ACT

To provide for the creation of a community improvement district in Forsyth County; to provide for a short title; to provide for the purposes of such district; to provide for definitions; to provide for a board to administer such district; to provide for appointment or election of members of such board; to provide for taxes, fees, and assessments; to provide for the boundaries of such district; to provide for the debt of such district; to provide for cooperation with local governments; to provide for powers of such board; to provide for general obligation bonds, notes, and other obligations of such district; 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 board 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 board's bonds, notes, or other obligations; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for the life of the district; to provide the procedures connected with all of the foregoing; to provide for related matters; to repeal conflicting laws; and for other purposes.

3664

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

SECTION 1. Short title.

This Act shall be known and may be cited as the "Forsyth County Community Improvement District Act."

SECTION 2. Purpose; "majority" defined.

The purpose of this Act is to provide for the creation of a community improvement district within Forsyth County, and such district shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating the district created hereby, or as may be approved by resolutions of a majority of the total electors and a majority of the total equity electors, respectively, who shall vote thereon at a meeting of electors and equity electors:
(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. No proxy votes shall be cast. As used in this Act, "majority" means one-half of the total members of the group or classification being referred to, or the next higher number of members, if applying such fraction does not result in a whole number of members, plus one additional member of such group or classification. References herein to action by a majority mean action by at least a majority. Notice of such meeting shall be given to such electors and equity electors by publishing notice thereof in the legal organ of Forsyth County at least once each week for four weeks prior to such meeting.

SECTION 3. Definitions.

As used herein, the term: (1) "Agricultural" means the growing of crops for sale or raising of animals for sale or use, including the growing of field crops or fruit or nut trees, the raising of livestock or poultry, and the operation of dairies, horse-boarding facilities, and riding stables.

GEORGIA LAWS 2014 SESSION

3665

(2) "Board" means the governing body created for the governance of the community improvement district herein authorized. (3) "Bonds" or "general obligation bonds" means any bonds of the 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 the district. (4) "Caucus of electors" means, for the district, the meeting of electors provided for in 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 vote in favor of those present 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 the 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 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 any of the foregoing costs, including interest thereon and any other expenses of such loans;

3666

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(K) Administrative expenses of the board and such other expenses as may be necessary or incidental to any project or the financing thereof or the placing of any project in operation; and (L) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the board may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any bonds, notes, or other obligations of the district may be authorized. Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of proceeds of bonds, notes, or other obligations issued by the district. (6) "District" means the geographical area designated as such by the resolution of the Board of Commissioners of Forsyth County consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the Board of Commissioners of Forsyth County, or a body corporate and politic being a community improvement district created and activated pursuant to this Act, as the context requires or permits. (7) "Electors" means the noncontiguous owners of real property within the district which is then subject to taxes, fees, and assessments levied by the board. Owners as appear on the most recent ad valorem real property tax records of Forsyth County shall be prima-facie proof of ownership. (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 Forsyth 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 district. (9) "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. Value of real property shall be the assessed value. In the event the owner shall be a corporation, trust, partnership, multiple owners, or any other entity, one person shall be designated as elector and such designation shall be made in writing to the

GEORGIA LAWS 2014 SESSION

3667

tax commissioner of Forsyth County on a form satisfactory to the commissioner at least eight days prior to an election. (10) "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. (11) "Hereby," "herein," "hereunder," and "herewith" mean under this Act. (12) "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 permitted by law, all for the essential public purposes set forth in Section 2 of this Act. (13) "Property owner" or "owner of real property" means any entity or person owning one or more noncontiguous parcels of real estate on the most recent ad valorem tax records of Forsyth County within the district. Ownership as shown by the most recent ad valorem real property tax records of Forsyth County shall be prima-facie proof of ownership. Multiple owners of one parcel shall constitute one property owner and shall designate in writing one of their number to represent the whole. (14) "Property used nonresidentially" means property used for neighborhood shopping, planned shopping center, general commercial, tourist services, office or institutional, office services, light industry, heavy industry, central business district, or other commercial or business use which does not include residential, as well as vacant land zoned or approved for any of the uses listed in this paragraph. (15) "Taxpayer" means any entity or person paying ad valorem taxes on real property, whether on one or more parcels of property within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole.

SECTION 4. Creation.

(a) Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is created a community improvement district to be located in Forsyth County, Georgia, which shall be activated upon compliance with the conditions set forth in this section. The district shall be located in that portion of Forsyth County that is within the territory described as:
beginning at the intersection of Old Alpharetta Road and McGinnis Ferry Road, proceed westerly following the Forsyth County/Fulton County line to the intersection of the Forsyth

3668

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

County/Fulton County line and Highway 9; then proceed easterly on Highway 9 to its intersection with McFarland Parkway; then proceed easterly on McFarland Parkway to its intersection with Union Hill Road; then proceed easterly on Union Hill Road to its intersection with Shiloh Road; then proceed southerly on Shiloh Road to its intersection with Shiloh Road East; then proceed easterly and southerly on Shiloh Road East to its intersection with Pine Grove Road; then proceed easterly on Pine Grove Road to its intersection with Old Alpharetta Road; then proceed westerly on Old Alpharetta Road to the starting point at the intersection of Old Alpharetta Road and McGinnis Ferry Road; provided, however, that those parcels of property in Forsyth County which abut either side of McFarland Parkway, Shiloh Road, Shiloh Road East, Pine Grove Road, or Old Alpharetta Road may be included in the district. The district shall be governed by a board constituted as provided in Section 5 of this Act. The conditions for such activation shall be: (1) The adoption of a resolution consenting to the creation of the community improvement district by the Board of Commissioners of Forsyth County; 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 consents provided for above shall be submitted to the Forsyth County Tax Commissioner who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each such proposed district. The district or board created under this Act shall not transact any business or exercise any powers under this Act until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State and with the Department of Community Affairs. (b) Notwithstanding any other provisions of this Act to the contrary: (1) The community improvement district created under this Act shall have a ten-year life and shall automatically become inactive upon the expiration of ten years after the date of activation of such district, unless extended by the adoption of resolutions by a majority of the total electors in the district and a majority of the total equity electors in the district. No proxy vote shall be cast. Notice of such meeting shall be given to such electors and equity electors by publishing notice thereof in the legal organ of Forsyth County at least once each week for four weeks prior to such meeting. The extension of the life of the district shall be for ten additional years. There is no limit on the number of extensions which may be enacted; (2) The power of the board to levy taxes shall be limited to five mills; (3) No contractual obligations shall be entered into beyond the term or life of the district; and

GEORGIA LAWS 2014 SESSION

3669

(4) No agreement of cooperation shall be legal or binding upon any of the parties thereto for a period longer than the life of the district.

SECTION 5. Administration, appointment, and election of board members.

(a) The district created pursuant to this Act shall be administered by a board composed of seven board members to be appointed and elected as provided in this section. One board member shall be appointed by the Board of Commissioners of Forsyth County. Three board members shall be elected by the vote of electors, and three board members shall be elected by the vote of equity electors. The board members representing the electors and equity electors shall be elected to serve in Posts 1 through 6, respectively. Each elected board member must receive a majority of the votes of the total electors with respect to the post for which he or she is a candidate. Votes for Posts 1, 2, and 3 shall be cast by electors, and votes for Posts 4, 5, and 6 shall be cast by equity electors. The initial term of office of the members representing Posts 1 and 4 shall be one year. The initial term of office of the members representing Posts 2 and 5 shall be two years, and the initial term of office of the members representing Posts 3 and 6 shall be three years. Thereafter, all terms of office shall be for three years, except the appointed board member who serves at the pleasure of the board of commissioners. (b) The initial board members to be elected as provided in subsection (a) of this section shall be elected in a caucus of electors which shall be held within 60 days after the adoption of the resolutions and obtaining the written consents herein provided at such time and place within the district as the Board of Commissioners of Forsyth County shall designate after notice thereof shall have been given to such electors by publishing the same in the legal organ of Forsyth County as provided in this Act. Thereafter, there shall be conducted annually, not later than 60 days following the last day for filing ad valorem real property tax returns in Forsyth 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 board member positions whose terms expire or are vacant. If a vacancy occurs in an election position on the board, the board shall, within 60 days thereof, call a special election to fill the same to be held within 60 days of the call unless such vacancy occurs within 180 days of the next regularly scheduled election, in which case a special election may, but need not, be called. For any election held hereunder, notice thereof shall be given to such electors by publishing notice thereof in the legal organ of Forsyth County at least once each week for four weeks prior to such election.
(c)(1) Board members shall be subject to recall, and the continued existence of the district or the continued existence of any one or more or any part thereof of the powers authorized to the district may be terminated as follows:
(A) By election, called by a resolution of the Board of Commissioners of Forsyth County;

3670

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(B) By election, called by a resolution of the administrative board of the district; (C) By election, called by a petition of 20 percent of the electors or a petition by holders of 20 percent of eligible votes represented by equity electors; (D) Upon petition of either a majority of the total electors within the district or a majority of the total equity electors within the district, provided that, if the petition is for recall of an elected board member, the petition shall be from the category of voters who elected the board member; or (E) Upon the termination of an agreement of cooperation. Termination is in the event such agreement of cooperation shall lapse (i.e., failure to reenact by the following December 31 after an existing agreement of cooperation shall expire on its own terms) or an affirmative resolution of rejection of an agreement or reenactment of an agreement of cooperation by one of the necessary parties so that no agreement of cooperation is in force. (2) In the event that the district shall be terminated pursuant to any of the provisions set forth above in this section, the board shall serve until December 31 of the year in which termination shall be approved for the purpose of concluding any ongoing matters and projects, but if such cannot be concluded by December 31, then the governing authority of the county shall assume the duties of the administrative board and shall be expressly authorized to exercise the authority of the administrative board. In the alternative, the governing authority of the county may, by resolution, assume all rights and obligations of the district, either bonds or otherwise, and the district shall cease to exist upon the adoption of such resolution. (d) 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. (e) 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, by action of a majority of the board members, one of their members as chairperson and another as vice chairperson and shall also elect, by action of a majority of the board members, a secretary and a treasurer or a secretary-treasurer, either of whom may but need not be a member of the board. (f) If the boundaries of the district are subsequently changed after creation of the district to include land within a municipality which was not a party to the creation of the district, or if a municipality's boundaries are changed to include land within a then existing district, the governing authority of the municipality shall acquire the right to appoint a member to the board of the district upon entering into the cooperation agreement provided for in Section 9 of this Act. If, by municipal annexation or by deannexation of land from the district, the district no longer includes land within the unincorporated area of Forsyth County or within a municipality, respectively, then upon such occurrence the board member of the district appointed by such governing authority in which the district is no longer located shall cease to be a board member.

GEORGIA LAWS 2014 SESSION

3671

(g) Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," shall not apply to the election of district board members. Should a vacancy in office of a district board member occur, and the regular caucus of electors is more than six months in the future, a special election shall be called to fill such vacancy, unless filled by appointment as provided in this Act. The district board may adopt such bylaws not inconsistent herewith to provide for any matter concerning such elections.

SECTION 6. Taxes, fees, and assessments.

(a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia 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 five mills of the aggregate assessed value of all such real property. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are specifically 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 Forsyth County in the same manner as taxes, fees, and assessments are levied by Forsyth County. Delinquent taxes shall bear the same interest and penalties as Forsyth 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 Forsyth County to the board and shall be expended by the board only for the purposes authorized hereby. (b) The board shall levy the above-provided taxes subsequent to the report of the assessed taxable values for the current calendar year and shall notify in writing Forsyth County so it may include the levy on its regular ad valorem tax bills. (c) If, but for this provision, a parcel of real property is removed from the 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.

3672

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 7. Boundaries of the district.

(a) The boundaries of the district shall be designated as such by the Board of Commissioners of Forsyth County wholly within the area as set forth and defined in Section 4 of this Act or as may hereafter be added as provided in this Act. (b) The boundaries of the district may be increased after the initial creation of the district pursuant to the following:
(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 a majority of the members of the board of the district; and (4) The adoption of a resolution consenting to the annexation by the governing authorities of Forsyth County, if any portion of the district is or is to be in the unincorporated area of Forsyth County, and such municipalities as may have area within the district before or after the annexation. (c) The boundaries of the district may also be increased after the initial creation of the district, provided that the boundaries of the district shall not be extended beyond the area defined in Section 4 of this Act, if: (1) Written consent is first obtained from the owners of any real property sought to be annexed and which will not be subject to taxes, fees, and assessments levied by the board of the district; (2) The board of the district adopts, by action of a majority of the board members, a resolution consenting to the annexation; and (3) A resolution is adopted which grants consent to the annexation by the governing authorities of Forsyth County, if any portion of the district is in the unincorporated area of Forsyth County, and such municipalities as may have area within the district before or after the annexation. (d) Property which is not subject to taxes, fees, and assessments levied by the board of the district and which is adjacent to, contiguous to, or abutting property within the district may be annexed by: (1) The adoption of a resolution approving the annexation, by action of a majority of the board members, by the board of the district; and (2) The adoption of a resolution granting consent to the annexation by the governing authorities of Forsyth County, if any portion of the district is in the unincorporated area of

GEORGIA LAWS 2014 SESSION

3673

Forsyth County, and such municipalities as may have area within the district before or after the annexation.

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 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 for in this Act shall be provided for in a cooperation agreement executed jointly by the board, by action of a majority of the board members, and the governing body of Forsyth County and any municipalities within which the district is partially located. The provisions of this section shall in no way limit the authority of Forsyth County or any such municipality to provide services or facilities within the district; and Forsyth County or any such municipality shall retain full and complete authority and control over any of its facilities located within its respective areas of the 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.

SECTION 10. Powers.

(a) The district and its board created pursuant to this Act, by action of a majority of its board members, shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions hereof, including, without limiting the generality of the foregoing, the power:
(1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects,

3674

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

leases of projects, contracts for sale of projects, agreements for loans to finance projects, and contracts with respect to the use of projects; (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), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of bonds, notes, or other obligations of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships whether limited or general, or other entities, all of which the board is authorized to receive, accept, and use; (6) To borrow money to further or carry out its public purposes and to execute bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its bonds, notes, or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing; (7) To issue bonds, notes, or other obligations of the district and use the proceeds thereof for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; (8) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the district's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source; (9) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; (10) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or political subdivision of 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 use the proceeds of any tax levied by any county or any municipal corporation to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant hereto;

GEORGIA LAWS 2014 SESSION

3675

(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 to make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be the best advantage of the district and the public purposes thereof; (14) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (15) To encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long-range plans or proposals for the district in cooperation with Forsyth County and any municipal corporations in which the district is wholly or partially located; (16) To adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (17) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; and (18) To do all things necessary or convenient to carry out the powers conferred hereby. (b) The powers enumerated in each paragraph of subsection (a) of this section are cumulative of and in addition to those powers enumerated herein and elsewhere in this Act; and no such power shall limit or restrict any other power of the board.

SECTION 11. Bonds - generally.

(a) Notes or other obligations issued by the 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 the 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 the district, and all actions on behalf of the district pursuant to the provisions set forth in this section, shall be authorized by resolution of its board, adopted by a majority vote of the total board members at a regular or special meeting. (c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times but not more than 40 years from their respective dates, shall bear interest at such rate or rates which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such

3676

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members of the district then in office and their successors. (d) The board shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted hereunder. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) There shall be no limitation upon the interest rates or any maximum interest rate or rates on any bonds, notes, or other obligations of the district; and the usury laws of this state shall not apply to bonds, notes, or other obligations of the district. (f) Bonds issued by the 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)(1) Bonds of the district shall be validated in accordance with the procedures of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and when validated, the judgment of the Superior Court of Forsyth County confirming and validating the issue of bonds shall thereafter be incontestable and conclusive. (2) Bonds shall bear a certificate of validation. The signature of the clerk of the Superior Court of Forsyth 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 section shall be construed as prohibiting or restricting the right of the 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.

GEORGIA LAWS 2014 SESSION

3677

(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 the board, in bonds, notes, or other obligations of the district, or in notices or proceedings to validate such bonds, notes, or other obligations of the 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 by Section 11 of this Act, the agreements or instruments executed by the board may contain such provisions not inconsistent with law as shall be determined by such board by action of a majority of its total board members. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by the district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted herein, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance hereunder. (c) Issuance by the 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.

SECTION 13. Construction; applicability of Chapter 5 of Title 10 of the O.C.G.A.,
the "Georgia Uniform Securities Act of 2008"; notice, proceeding, publication, referendum.

This Act shall be liberally construed to effect the purposes hereof. The offer, sale, or issuance of bonds, notes, or other obligations by the district shall not be subject to regulation under Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Uniform Securities Act of 2008." No notice, proceeding, or publication except those required hereby shall be necessary to the performance of any act authorized hereby, nor shall any such act be subject to referendum.

3678

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 14. Severability.

In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

SECTION 15. Effective date.

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

SECTION 16. Repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to provide for the creation of one or more community improvement district in Forsyth County; to provide for a short title; to provide for the purposes of such districts; to provide for definitions; to provide for boards to administer such districts; to provide for appointment or election of members of such boards; to provide for taxes, fees, and assessments; to provide for the boundaries of such districts; to provide for the debt of such districts; to provide for cooperation with local governments; to provide for powers of such boards; to provide for general obligation bonds, notes, and other obligations of such 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 board 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

GEORGIA LAWS 2014 SESSION

3679

notice, proceeding, publication, or referendum shall be required; to provide for the life of a district; to provide the procedures connected with all of the foregoing; to provide for related matters; and for other purposes.

s/ MIKE DUDGEON Representative Mike Dudgeon 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 January 19, 2014, 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 3rd day of February, 2014.

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

Approved April 10, 2014.

__________

3680

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CITY OF PORTERDALE APPROPRIATIONS; CODES AND REGULATIONS; MANAGEMENT OF PUBLIC PROPERTY; VOTING BY CITY COUNCIL; POWERS AND DUTIES OF MAYOR; BOARDS AND COMMISSIONS; CITY CLERK.

No. 381 (House Bill No. 901).

AN ACT

To amend an Act entitled "An Act to provide a new charter for the City of Porterdale," approved May 1, 2002 (Ga. L. 2002, p. 5272), so as to provide for certain appropriations; to provide for certain codes and regulations; to change provisions relative to the management of public property; to change provisions relating to voting by the city council; to change the powers and duties of the mayor; to change provisions relating to the mayor's veto; to provide for duties of the mayor pro tempore; to provide for members of boards and commissions; to provide that the city clerk shall be under the supervision of the city manager; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act entitled "An Act to provide a new charter for the City of Porterdale," approved May 1, 2002 (Ga. L. 2002, p. 5272), is amended in Section 1.13 by adding a new subsection to read as follows:
"(a.1) Appropriations for relief of poor and for charitable purposes. The mayor and council shall have power, by appropriate action, to appropriate money for, or permit use of city-owned property or services, for the relief of the poor and for charitable purposes as they may deem proper."

SECTION 2. Said Act is further amended in said section by revising subsections (d) and (s) as follows:
"(d) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, maintenance, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all building and housing trades." "(s) Municipal property ownership and disposition. To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city and to sell, lease, alien, convey, exchange, or dispose of the same or any part thereof."

GEORGIA LAWS 2014 SESSION
SECTION 3. Said Act is further amended by revising Section 2.21 as follows:

3681

"SECTION 2.21. Quorum; voting.

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

SECTION 4. Said Act is further amended by revising Section 2.33 as follows:

"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 purposes 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, issue proclamations, and 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) Perform such other duties and exercise such other powers as are otherwise provided by law and this charter; (6) Call special meetings of the city council as provided for in subsection (b) of Section 2.19 of this charter; (7) Perform such other duties as the city council shall by ordinance or resolution establish; and (8) Vote, but only in cases of a tie in the vote of councilmembers, in which case the mayor may then vote to break the tie; provided, however, that the mayor shall not have the power to vote on matters in which the mayor has a disqualifying financial or personal interest as provided in Section 2.14 of this charter."

SECTION 5. Said Act is further amended by revising subsection (d) of Section 2.34 as follows:

3682

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"(d) The power of veto shall not be ascribed to the mayor in regard to ordinances in which the mayor has a disqualifying financial or personal interest as provided in Section 2.14 of this charter."

SECTION 6. Said Act is further amended by revising Section 2.35 as follows:

"SECTION 2.35. Mayor pro tempore; selection; duties.

(a) By a majority vote, the city council at its first meeting of the calendar year shall elect a councilmember to serve as mayor pro tempore. (b) The mayor pro tempore shall preside at all meetings of the city council in the temporary absence of the mayor. (c) The mayor pro tempore shall assume the full duties and powers of the mayor, including the right to vote in the event of a tie in the vote of the remaining councilmembers and right to veto ordinances, upon the mayor's disability, disqualification or removal from office, or extended absence. While serving as mayor pro tempore in the extended absence, disqualification or removal from office, or disability of the mayor, the mayor pro tempore shall not vote as or exercise the powers or functions of a councilmember. The city council by a majority vote shall elect a new presiding officer from among its members for any period in which the mayor pro tempore is disabled, or during an extended absence, or while the mayor pro tempore has assumed the full duties and powers of the mayor. Any disability or extended absence of the mayor or mayor pro tempore shall be declared by majority vote of councilmembers at a regular or called meeting where a quorum is present."

SECTION 7. Said Act is further amended by revising subsections (b), (g), and (h) of Section 3.11 as follows:
"(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 or resolution, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law." "(g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council." "(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority shall pass rules and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the

GEORGIA LAWS 2014 SESSION

3683

fulfillment of its duties or the conduct of its affairs. Copies of such rules and regulations shall be filed with the clerk of the city."

SECTION 8. 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 also may be ex officio treasurer. The city clerk shall be custodian of the official city seal and city records, maintain city council records required by this charter, and report to and perform such other duties as may be required by the city council. On a day-to-day basis, the city clerk shall be subject to direction, supervision, and oversight of the city manager."

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 2014 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 Porterdale." approved May 1, 2002 (Ga. L. 2002, p. 5272); to repeal conflicting laws; and for other purposes.
/s/ Representative Pam Dickerson Distric 113
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Pam Dickerson, who on oath deposes and says that she is the Representative from District 113 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Covington News which is the official organ of Newton County on January 26, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

3684

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ PAM DICKERSON Pam Dickerson Representative, District 113

Sworn to and subscribed before me, this 3rd day of February, 2014.

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

Approved April 10, 2014.

__________

FORSYTH COUNTY STATE COURT; TERMS OF COURT; COMPENSATION OF JUDGES.

No. 382 (House Bill No. 902).

AN ACT

To amend an Act creating the State Court of Forsyth County, approved April 15, 1996 (Ga. L. 1996, p. 4558), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p. 4173), and an Act approved May 5, 2006 (Ga. L. 2006, p. 4619), so as to correct an error in establishing the terms of court; to provide for the frequency of payment of compensation to the judges of the 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:

SECTION 1. An Act creating the State Court of Forsyth County, approved April 15, 1996 (Ga. L. 1996, p. 4558), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p. 4173), and an Act approved May 5, 2006 (Ga. L. 2006, p. 4619), is amended by revising Section 5 as follows:

"SECTION 5. The State Court of Forsyth County shall have terms six months in duration, to be held on the first Monday of January and the first Monday of July in each year. Such terms shall

GEORGIA LAWS 2014 SESSION

3685

remain open for the transaction of business until the next succeeding term of said court. The terms of said court are subject to being lengthened or shortened upon the sole discretion of the judge of said court. The court shall be open at all times for business. Each term of said court shall have a jury and a nonjury calendar. When there are not sufficient contested jury cases, the judge of said court, in his or her own discretion, may omit the drawing of a jury for any term of said court; however, this will not prohibit said judge from having a nonjury calendar during any term of court at which said judge omits having jury cases."

SECTION 2. Said Act is further amended by revising Section 16 as follows:

"SECTION 16. Each judge of the State Court of Forsyth County shall receive as compensation an amount equal to 95 percent of the state salary plus the county supplement now or hereafter paid to the judges of the Superior Court of Forsyth County. Such compensation shall be paid at the same intervals as installments are paid to other county employees from the funds of Forsyth County."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Forsyth County, approved April 15, 1996 (Ga. L. 1996, p. 4558), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p. 4173), and an Act approved May 5, 2006 (Ga. L. 2006, p. 4619), so as to correct an error in establishing the terms of court; to provide for the frequency of payment of compensation to the judges of the court; to provide for related matter; to provide an effective date; and for other purposes.
s/ MIKE DUDGEON Representative Mike Dudgeon District 25

3686

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 January 31, 2014, 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 3rd day of February, 2014.

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

Approved April 10, 2014.

__________

CITY OF WINDER CORPORATE LIMITS.

No. 383 (House Bill No. 909).

AN ACT

To amend an Act reincorporating the City of Winder, Georgia, in the County of Barrow, approved March 25, 1974 (Ga. L. 1974, p. 3476), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4624), so as to change the corporate limits of such city; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act reincorporating the City of Winder, Georgia, in the County of Barrow, approved March 25, 1974 (Ga. L. 1974, p. 3476), as amended, particularly by an Act approved

GEORGIA LAWS 2014 SESSION

3687

May 5, 2006 (Ga. L. 2006, p. 4624), is amended by revising Section 1-2.1 by designating the

existing text as subsection (a) and adding a new subsection to read as follows:

"(b) In addition to the other territory described in this charter, the corporate limits of the

City of Winder shall also include the following parcels of property:

Parcel

Number

Name

Address

XX093 002 R & P HOLDINGS LLP

242 MONROE HWY

XX067A 020 PATRICIA A LANTHIER

147 HORTON ST

XX067A 032 HUBERT LYLE JR

0 BUSH CHAPEL DR

XX067A 037 ROBERTA BUTLER

184 BUSH CHAPEL DR

XX067A 036 DOROTHY M JOHNSON

182 BUSH CHAPEL DR

XX067A 038 GLENN E SMITH

177 BUSH CHAPEL DR

XX067A 015 JOHN WESLEY

237 S BROAD ST

XX067A 035 CHARLES HILL

0 BUSH CHAPEL DR

XX067A 048 FERNANDO L MARTIN

188 VENTURE WAY

XX067A 017A CHARLES HILL

159 HORTON ST

XX067A 039 HUBERT LYLE JR

173 BUSH CHAPEL DR

XX067A 047 WILLIAM T JOHNSON ETAL XX067A 013 WILLIAM C COOPER ETAL

180 VENTURE WAY 231 S BROAD ST

ELEASE BROWN XX067A 040 C/O ALFONZA BROWN

167 BUSH CHAPEL DR

XX067A 026 STELLA CALDWELL

0 HORTON ST

XX067A 034 RICHARD LYLE

0 BUSH CHAPEL DR

XX067A 012 HARRIS R HARDEGREE

227 S BROAD ST

XX067A 017 STELLA E CALDWELL

163 HORTON ST

XX067A 010 INA PEARL HAYES BROTHERS 162 HORTON ST

INA PEARL HAYES XX067A 011 BROTHERS ETAL XX067A 049 WILLIE NELL DAVIS XX067A 018 REGINA K FREEMAN

166 HORTON ST 182 VENTURE WAY 155 HORTON ST

3688

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

XX067A 046 WILLIAM T JOHNSON ETAL XX067A 041 WILLIAM T JOHNSON ETAL XX067A 025 RICHARD L HEARD XX067A 033 HUBERT LYLE JR XX067A 008 GARY GADDIS XX067A 019 RICHARD L HEARD XX067A 009 STELLA ELOISE CALDWELL XX067A 024 WILLIE E SMITH

172 VENTURE WAY 162 BUSH CHAPEL DR 153 HORTON ST
0 BUSH CHAPEL DR 160 HORTON ST 151 HORTON ST
0 HORTON ST 149 HORTON ST

HELEN JACKSON XX067A 006 C/O JOE C CAMP JR
XX067A 042 JANNEL B HARRIS

154 HORTON ST 155 BUSH CHAPEL DR

LARRY R & XX067A 043 FANNIE HAMMONDS

151 BUSH CHAPEL DR

XX067A 045 LIZZIE REDDISH

169 VENTURE WAY

XX067A 021 SAMUEL HENRY HARRIS

145 HORTON ST

XX067A 031 GLEN TANNER

148 BUSH CHAPEL DR

XX067A 022 CLIFFORD WELLS JR

143 HORTON ST

XX067A 023 CLIFFORD WELLS JR

137 HORTON ST

XX067A 044 ROBERT REDDISH

147 BUSH CHAPEL DR

XX067A 005 GENEVA HOOD C/O H JACKSON 152 HORTON ST

XX067A 027A CLIFFORD WELLS JR

0 HORTON ST

XX067A 030 LINDA REDDISH

140 BUSH CHAPEL DR

XX067A 029 ALFONSO BROWN

134 BUSH CHAPEL DR

XX067A 005A MOISES HERNANDEZ

144 HORTON ST

XX067A 028 LEE R FINCH

130 BUSH CHAPEL DR

XX067A 003 WILLIE GEORGE LAY

140 HORTON ST

GREATER HILL'S TEMPLE FIRE XX067A 027 BAPTISED HOLINESS CHURCH 126 BUSH CHAPEL DR

GEORGIA LAWS 2014 SESSION

3689

XX067A 002 SEAN CONARY WILLIS XX067A 001 JOHN W HILL ETAL

136 HORTON ST 132 HORTON ST

JAMES E MCKINNEY JR XX087 012 C/O MARILYN MCKINNEY

50 FOREST DR

XX087 009 RACHEL M EVERETT

349 E BROAD ST

XX087 004 WILLIAM O MASON JR

332 E BROAD ST

XX087A 003 FAROUK & ZORA AHMAD

10 CANDLEWOOD TER

XX087A 004 RAYMOND & SHEILA PHILLIPS 12 CANDLEWOOD TER

XX087A 005 RAYMOND & SHEILA PHILLIPS 14 CANDLEWOOD TER

XX086 012 XX086 015 XX086 014 XX086 013

ROBERT & JOHN RUIZ CARY W & TERRI G COOPER CARY W & TERRI G COOPER CARY W & TERRI G COOPER

NO RD 0 FRONT/WAVERLY 91 SAINT IVES CRSG 92 SAINT IVES CRSG 0 SAINT IVES CRSG

XX063 005 XX085 004

BARROW COUNTY (ROADS & BRIDGES)
ROBERT G HILL

261 HAL JACKSON RD 408 JEFFERSON HWY

STYLES D & XX063 004 TRAMMELL LAVERNE ROOKS 125 SIMS RD

MRS PAULINE ROBINSON XX085 005 C/O C STALLINGS XX063 003 STYLES D ROOKS XX085 006 D S JR & DOROTHY SMITH XX085 003 ROBERT G HILL XX085 007 WINFORD E & LARUE L ORR XX085 002 RS PROPERTIES LLC XX085 008 THOMAS R KEMP XX063 002A JUDY H NIJAK ETAL

420 JEFFERSON HWY 121 SIMS RD 422 JEFFERSON HWY
0 GAINESVILLE HWY 426 JEFFERSON HWY 433 GAINESVILLE HWY 430 JEFFERSON HWY 113 SIMS RD

3690

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

XX085 001 RS PROPERTIES LLC XX063 001A JESSICA M WARD XX085 009 WINFORD E & LARUE L ORR XX063 002 SARA JO HAMILTON XX083 002 R & P HOLDINGS LLLP

449 GAINESVILLE HWY 93 SIMS RD
434 JEFFERSON HWY 101 SIMS RD 455 GAINESVILLE HWY

XX083 003 XX083 004

MRS D C WHITED C/O PEGGY PARKS
TROY HENSLEY

461 GAINESVILLE HWY 465 GAINESVILLE HWY

XX063 001 XX083 005 XX061 004

CHARLES & CHARLOTTE TRICHEL MRS J W (JACKIE) ORR PAUL F BRUMBALOW ETAL

89 SIMS RD 479 GAINESVILLE HWY 922 GRIER RD

MYRON B & XX061 006A CAROLYN PATRICK

433 MILES PATRICK RD

CHARLES & XX063 001B CHARLOTTE TRICHEL XX061 007 MYRON B PATRICK XX061 002 DAVID & BETTY MEEKS XX061 001 HINNARD & LINDA SUGGS XX060 015 DAVID & BETTY MEEKS XX061 006 MYRON B PATRICK

0 SIMS RD 449 MILES PATRICK RD
0 GRIER RD 920 GRIER RD 921 GRIER RD
0 MILES PATRICK RD

ERNEST LEE XX061 008 PATRICK (BUTCH)

441 MILES PATRICK RD"

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

GEORGIA LAWS 2014 SESSION

3691

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to amend an Act reincorporating the City of Winder, Georgia, in the County of Barrow, approved March 25, 1974 (Ga. L. 1974, p. 3476), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4624), so as to change the corporate limits of such city; to provide for related matters; and for other purposes.

Representative Terry England District 116

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry England, who on oath deposes and says that he is the Representative from District 116 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Barrow County News which is the official organ of Barrow County on January 26, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TERRY ENGLAND Terry England Representative, District 116

Sworn to and subscribed before me, this 3rd day of February, 2014.

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

Approved April 10, 2014.

__________

3692

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF MANCHESTER GOVERNING AUTHORITY; STAGGERED TERMS.

No. 384 (House Bill No. 912).

AN ACT

To amend an Act incorporating the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3668) and an Act approved March 20, 2012 (Ga. L. 2012, p. 4486), so as to provide for staggered terms of office for members of the governing authority; to provide for the manner of election and transition terms; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act incorporating the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3668) and an Act approved March 20, 2012 (Ga. L. 2012, p. 4486), is amended by revising Section 4 as follows:
"SECTION 4. (a)(1) Those members of the city council in office on the effective date of this section shall serve out the terms to which they were elected. (2) On the Tuesday next following the first Monday in November 2015, successors to the members of the city council shall be elected. The person elected as mayor and the councilmembers elected to fill Post 2 in each district shall serve for initial terms of four years and until their respective successors are elected. The councilmembers elected to fill Post 1 in each district shall serve initial terms of two years and until their respective successors are elected and qualified. The persons so elected shall take office on January 1, 2016. (3) Successors to the mayor and councilmembers shall be elected on the Tuesday next following the first Monday in November immediately preceding the end of their respective terms of office. Such successors shall take office on January 1 immediately following their election and shall serve terms of office of four years and until their respective successors are elected and qualified. (b) In the event that a member moves his or her residence from the district the member represents, that position on the city council shall immediately become vacant. Vacancies on the city council created by death, resignation, or otherwise shall be filled by a special election held in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'"

GEORGIA LAWS 2014 SESSION
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

3693

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended, particularly by an Act approval April 9, 1999 (Ga. L. 1999, p. 3668) and an Act approved March 20, 2012 (Ga. L. 2012, p. 4486), so as to provide for staggered terms of office for members of the governing authority; to provide for the manner of election and transition terms; to provide for related matters; and for other purposes.
Debbie Buckner Representative Debbie Buckner District 137
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Debbie Buckner, who on oath deposes and says that she is the Representative from District 137 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Meriwether Vindicator which is the official organ of Meriwether County on January 31, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DEBBIE BUCKNER Debbie Buckner Representative, District 137
Sworn to and subscribed before me, this 4th day of February, 2014.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 [SEAL]
Approved April 10, 2014.

3694

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II CITY OF BACONTON NEW CHARTER.

No. 385 (House Bill No. 916).

AN ACT

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

GEORGIA LAWS 2014 SESSION
SECTION 1.11 Corporate boundaries.

3695

(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map to be retained permanently in the City of Baconton City Hall and to be identified by the city clerk as Official Map of the Corporate Limits of the City of Baconton, Georgia. A photographic, typed, or other copy of such map or description certified by the City of Baconton 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. Specific powers.

The city's powers shall include, but not be limited to, the following: (1) Animal Regulations. To regulate and license or to prohibit the keeping or running of at-large of animals and fowl, and to provide for the impoundment of the same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and Expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter or for municipalities by the laws of the State of Georgia; and to provide for the payment of expenses of the city;

3696

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(3) Building Regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades. (4) Business Regulation and Taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the Official Code of Georgia Annotated or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property inside or outside the corporate limits of the city for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures as the same shall exist from time to time provided by the Official Code of Georgia Annotated; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental Protection. To protect and preserve the natural resources, environment, and vital areas of the city through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law relating to fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal fee and other sanitary service charge as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services or to whom such services are available; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General Health, Safety, and Welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose;

GEORGIA LAWS 2014 SESSION

3697

(13) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail Sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal Agencies and Delegation of Power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal Debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter and the laws of the State of Georgia; (18) Municipal Property Ownership. To acquire, dispose of, lease, option, and hold in trust or otherwise accept or transfer an interest in any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof; (20) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and Zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and Fire Protection. To exercise the power of arrest through duly appointed police and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public Hazards: Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public;

3698

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(26) Public Improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detention, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under procedures provided by the Official Code of Georgia Annotated as the same shall exist from time to time; (27) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public Utilities and Services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations, standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as the same are not in conflict with valid regulations of the Public Service Commission; (30) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon or close, construct, pave, curb, gutter, provide drainage for, adorn with shade trees or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so; (33) Sewer Fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sanitary sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system;

GEORGIA LAWS 2014 SESSION

3699

(34) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items; (35) Special Areas of Public Regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and hearing equipment, and any other business or situation which the city may deem to be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders and theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the 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

3700

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

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

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

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 at least 12 months prior to the date of election of the mayor or member of the council. (b) The mayor may reside anywhere within the City of Baconton and must receive a majority of the votes cast for such office in the entire city. The mayor must continue to reside within the City of Baconton during that person's term of office or that office shall thereupon become vacant. (c) In order to be elected as a member of the council from a council district, a person must reside in that district at the time such person is elected and must receive a majority of the votes cast for that office in that district only and not at large. Only electors who are residents of that council district may vote for a member of the council for that district. At the time of qualifying for election as a member of the council from a council district, each candidate for such office shall specify the council district for which that person is a candidate. A person elected as a member of the council from a council district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant.

SECTION 2.12. Vacancy; filling of vacancies.

(a) Vacancies. The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution, Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; provided, however, that the office of mayor or councilmember shall become vacant upon the

GEORGIA LAWS 2014 SESSION

3701

unexcused absence of the holder of the office from four consecutive regularly scheduled meetings of the city council. Excused absences shall be granted by a majority vote of the remaining city councilmembers and the mayor as provided in Section 2.21 of this charter and shall be entered upon the minutes of the council meeting. (b) Filling of Vacancies. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired terms, if any, by appointment by the remaining councilmembers if less than six months remain in the unexpired term, otherwise by an election, as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated or other such laws as are or may hereafter be enacted.

SECTION 2.13. Compensation and expenses.

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

SECTION 2.14. Conflicts of interest.

(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested.

SECTION 2.15. Inquiries and investigations.

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

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

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

3702

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.17. Eminent domain.

The city council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities and any other public improvements inside or outside the city and to regulate the use thereof; and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.

SECTION 2.18. Organizational meetings.

The city council shall hold an organizational meeting at the first meeting in January following the regular election, as provided in Section 5.11 of this charter. The meeting shall be called to order by the city clerk, and the oath of office shall be administered to the newly-elected members as follows:
"I __________ do solemnly swear or affirm that I will properly perform the duties of the office of ____________ in and for the City of Baconton, to the best of my knowledge, skill, and ability; that I am not the holder of any unaccounted for public money due to the State of Georgia or any political subdivision or authority thereof; that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state, which I am by the laws of the State of Georgia prohibited from holding; that I am qualified to hold the office which I am about to enter according to the Constitution and laws of Georgia; that I will support the Constitutions of the United States and the State of Georgia; that I have been a resident of the post from which elected and the City of Baconton for the time required by the Constitution and laws of the State of Georgia and the charter of the City of Baconton, so help me God."

SECTION 2.19. Regular and special meetings.

(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be

GEORGIA LAWS 2014 SESSION

3703

waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmembers presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Code Section 50-14-1 of the Official Code of Georgia Annotated or other such applicable laws as are or may hereafter be enacted.

SECTION 2.20. Rules of procedure.

(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committees and committee chairs and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.

SECTION 2.21. Quorum; voting.

Three councilmembers other than the mayor shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by oral vote, and the vote shall be recorded in the journal; but any member of the city council shall have the right to request a roll-call vote, and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers or two councilmembers and the mayor shall be required for the adoption of any ordinance, resolution, or motion. The mayor shall vote only in the event of a tie. An abstention shall not be counted as either an affirmative or negative vote.

SECTION 2.22. Ordinance form; procedures.

(a) Except as herein provided, every official action of the city council which is to become law shall be by ordinance. Each proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Baconton," and every ordinance shall so begin. (b) An ordinance may be introduced by a councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the

3704

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

city council in accordance with the rules which it shall establish. All ordinances shall have two separate readings; provided, however, that the city council may dispense with the second reading with unanimous consent of the members present. Emergency ordinances, as provided in Section 2.24 of this charter, may be adopted on the same day that they are introduced without dispensing with the second reading. Upon introduction of any ordinance, the city clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the city clerk and at such other public places as the city council may designate.

SECTION 2.23. Action requiring an ordinance.

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

SECTION 2.24. Emergencies.

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

GEORGIA LAWS 2014 SESSION
SECTION 2.25. Codes of technical regulations.

3705

(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of Section 2.22(b) of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the 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 Baconton, 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.

3706

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.27. Chief executive officer.

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

SECTION 2.28. Powers and duties of mayor.

As the chief executive of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient; (3) Call special meetings of the city council as provided for in Section 2.19(b) of this charter; (4) Preside at all meetings of the city council and vote only in the event of a tie or when an affirmative or negative vote by the mayor constitutes a majority of three votes; (5) Provide for an annual audit of all accounts of the city; (6) Require any department or agency of the city to submit written reports whenever the mayor and council deems it expedient; and (7) Perform such other duties as may be required by law, this charter, or by ordinance.

SECTION 2.29. Mayor pro tempore; selection; duties.

At the first meeting in January of each year, the city council shall elect a councilmember to serve as mayor pro tempore. In the mayor's absence, the mayor pro tempore shall preside at meetings of the city council and shall assume the duties and powers of the mayor upon the mayor's physical or mental disability, provided that the mayor pro tempore shall vote as a member of the city council at all times when serving as herein provided.

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

(a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions and duties of and establish, abolish, alter, consolidate, or leave vacant

GEORGIA LAWS 2014 SESSION

3707

all nonelective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of city departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) All appointed officers, directors, and department heads under the supervision of the mayor and council 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 and council unless otherwise provided by law or ordinance.

SECTION 3.11. Boards, commissions, and authorities.

(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by this charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the city clerk an oath obligating himself or herself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at will and may be removed at any time by a vote of three members of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city

3708

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the city clerk.

SECTION 3.12. City attorney.

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

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. Personnel policies.

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

ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Municipal court creation.

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

GEORGIA LAWS 2014 SESSION
SECTION 4.11. Chief judge; associate judge.

3709

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

SECTION 4.12. Convening.

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

SECTION 4.13. Jurisdiction; powers.

(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $500.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days, or other such fine and imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and care of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizance to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge

3710

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

SECTION 4.14. Certiorari.

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

SECTION 4.15. Rules for court.

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

GEORGIA LAWS 2014 SESSION
SECTION 4.16. Indigent defense and prosecutor.

3711

The mayor and council shall have the power to provide for a system of defense for indigent persons charged in the municipal court of the City of Baconton with violations of ordinances or state laws, and for the prosecution of such cases by a prosecutor. The city council is further authorized to provide for the expense of indigent defense and prosecution by prorating the estimated cost over all criminal cases disposed of by the court and bond forfeitures in the criminal cases. A bond amount shall be imposed by the municipal court judge and collected in all criminal cases. Bond forfeitures in such cases shall be collected as costs in addition to fines, penalties, and all other costs.

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

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

SECTION 5.11. Regular elections; time for holding.

Beginning in 2015, and every four years thereafter, on the Tuesday following the first Monday in November, there shall be an election for mayor and city councilmembers for Council Districts 2 and 4. Beginning in 2017, and every four years thereafter, on the Tuesday following the first Monday in November, there shall be an election for city councilmembers for Council Districts 1, 3 and 5. The terms of office shall begin at the organizational meeting as provided for in Section 2.18 of this charter.

SECTION 5.12. Nonpartisan elections.

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

3712

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 5.13. Election by majority.

The person receiving a majority of the votes cast in the city election for the office of mayor shall be elected. The person receiving a majority of the votes cast in the city election for each of the city council districts shall be elected to the position of councilmember from their respective district.

SECTION 5.14. Special elections; vacancies.

In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall appoint a successor for the remainder of the term if less than six months remain in the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," as now or hereafter amended.

SECTION 5.15. Other provisions.

Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any obligations and duties under the Georgia Election Code.

SECTION 5.16. Removal of officers.

(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as provided in this paragraph shall have the right of appeal from the decision of the city council to the

GEORGIA LAWS 2014 SESSION

3713

Superior Court of Mitchell 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 Mitchell County following a hearing on a complaint seeking such removal brought by any resident of the City of Baconton.

ARTICLE VI FINANCE
SECTION 6.10. Property tax.

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

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

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

SECTION 6.12. Occupation and business taxes.

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

SECTION 6.13. Regulatory fees; permits.

The city council, by ordinance, shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city for regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter.

3714

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.14. Franchises.

(a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years, and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.

SECTION 6.15. Service charges.

The city council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside and outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.

SECTION 6.16. Special assessments.

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

GEORGIA LAWS 2014 SESSION
SECTION 6.17. Construction; other taxes and fees.

3715

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

SECTION 6.18. Collection of delinquent taxes and fees.

(a) The city council shall have the power and authority to provide by ordinance for the collection from delinquent taxpayers, in addition to all other sums, of the costs of collection and the costs of levy preparation and execution procedures, and to add such sums to the amounts due on tax executions. The costs of levy preparation and execution procedures shall include, but without limitation, the cost of title searches, name and address verifications, legal fees, and all other levy and enforcement costs of every kind. (b) The city council shall have the power and authority to provide by ordinance for the employment by the city clerk of agencies to assist in the collection of delinquent taxes and in tax execution levy preparation and enforcement procedures, to provide for the payment of the costs of such agencies by the delinquent taxpayer, and to provide for the costs of such agencies to be added to the amounts due on tax executions. (c) Executions for any and all taxes or licenses, or demands of any sort due the city or its corporate authorities by any person, firm, or corporation, or against any property subject thereto, shall be issued by the clerk, be signed by him or her, bear teste in the name of the mayor, and be directed to the chief of police of the city and his or her deputies and all and singular the sheriffs, deputy sheriffs, and constables of this state, commanding them that of any property belonging to the defendant against whom said execution is issued, or of certain property described in the execution, they make by levy and sale the amount due on the execution with all costs. (d) Except as otherwise provided by this charter, all executions issued by the city clerk for taxes, license fees, special assessments, fines, or forfeitures due the city shall be governed by the laws governing executions for state and county taxes, and shall be subject to all presumptions of law and fact which apply to executions for state and county taxes.

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.

3716

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.20. Revenue bonds.

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

SECTION 6.21. Short-term loans.

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

SECTION 6.22. Lease-purchase contracts.

The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided that the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the 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 the reporting of each and every office, department, agency, and activity of the city government.

SECTION 6.24. Preparation of budgets.

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

GEORGIA LAWS 2014 SESSION
SECTION 6.25. Submission of operating budget to city council.

3717

On or before a date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating budget and the capital budget required by this article, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

SECTION 6.26. Action by city council on budget.

(a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council, by ordinance, shall adopt the final operating budget for the ensuing fiscal year not later than the first day of fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the past fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such unit, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof, to which it is chargeable.

SECTION 6.27. Tax levies.

The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set

3718

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

forth in the annual operating budget for defraying the expenses of the general government of this city.

SECTION 6.28. Changes in appropriations.

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

SECTION 6.29. Independent audit.

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

SECTION 6.30. Contracting procedures.

No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney, and as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council, and such approval is entered in the city council journal of proceedings pursuant to Section 2.21 of this charter.

SECTION 6.31. Centralized purchasing.

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

SECTION 6.32. Sale and lease of city property.

(a) The city council may sell and convey or lease any real or personal property owned or held by the city for government or other purposes as now or hereafter provided by law.

GEORGIA LAWS 2014 SESSION

3719

(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey said cut off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.

The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.

SECTION 7.11. Prior ordinances.

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

SECTION 7.12. Existing personnel and officers.

Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 180 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or

3720

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.

SECTION 7.13. Pending matters.

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

SECTION 7.14. Construction.

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

SECTION 7.15. Severability.

If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect nor impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.

SECTION 7.16. Specific repealer.

An Act incorporating the City of Baconton in the County of Mitchell, State of Georgia, approved February 13, 1976 (Ga. L. 1976, p. 2552), is hereby repealed in its entirety; and all amendatory acts thereto are likewise repealed in their entirety.

SECTION 7.17. Effective date.

This charter shall become effective on July 1, 2014.

GEORGIA LAWS 2014 SESSION SECTION 7.18. General repealer.
All laws and parts of laws in conflict with this Act are repealed.

3721

NOTICE OF INTENTION TO LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to provide a new charter for the City of Baconton; to repeal conflicting laws; and for other purposes. Representative Jay Powell District 171

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jay Powell, who on oath deposes and says that he is the Representative from District 171 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Camilla Enterprise which is the official organ of Mitchell County on January 29, 2014, 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 4th day of February, 2014.

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

Approved April 10, 2014.

__________

3722

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II GWINNETT JUDICIAL CIRCUIT JUDGES; COMPENSATION.

No. 387 (House Bill No. 953).

AN ACT

To amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, so as to change provisions relating to the salary supplements for the judges of the Gwinnett Judicial Circuit; 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 Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, is amended by repealing Section 2A in its entirety and inserting in lieu thereof the following:

"SECTION 2A. The compensation and allowances of the judges of the Superior Court of the Gwinnett Judicial Circuit shall be as provided by law and in addition thereto the salary of each judge shall be supplemented in the amount of $50,440.00 annually from the funds of Gwinnett County. Effective January 1, 2015, such supplemented amount shall be $52,670.00 annually from the funds of Gwinnett County. Such supplement shall be paid in equal monthly installments. In addition to such supplement, the governing authority of Gwinnett County is authorized to pay the superior court judges of the Gwinnett Judicial Circuit such amount as shall be fixed by the governing authority."

SECTION 2. This Act shall become effective on July 1, 2014.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Pursuant to Art. III, Sec. V, IX of the Constitution of the State of Georgia of 1983, O.C.G.A. 28-1-14, and all other applicable statutes, notice is hereby given that there will be introduced at the regular 2014 Session of the General Assembly of Georgia a bill to

GEORGIA LAWS 2014 SESSION

3723

amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 110) as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4076-4078) to be amended by striking Section 2A of said Act and inserting an amended Section 2A so as to change the provisions relating to the salary supplements for the judges of the Superior Court of the Gwinnett County Judicial Circuit.

This _______ day of January, 2014.

B. J. Pak, Representative, District 108

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, B.J. Pak, who on oath deposes and says that he is the Representative from District 108 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on January 26, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ B.J. PAK B.J. Pak Representative, District 108

Sworn to and subscribed before me, this 6th day of February, 2014.

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

Approved April 10, 2014.

__________

3724

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CHARLTON COUNTY BOARD OF COMMISSIONERS; REDISTRICTING.

No. 388 (House Bill No. 961).

AN ACT

To amend an Act creating the board of commissioners for Charlton County, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3694), so as to change provisions relating to commissioner districts; to provide for members currently serving; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the board of commissioners for Charlton County, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3694), is amended by revising subsection (a) of Section 2 as follows:
"(a) On and after January 1, 2015, for purposes of electing members of the board of commissioners, Charlton 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 Name: Charltonccsb-2014 Plan Type: local Administrator: Charlton 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 Charlton County which is not included in any such district described in such 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 Charlton County which is described in such 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.

GEORGIA LAWS 2014 SESSION

3725

(4) Except as otherwise provided in the description of any school board 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. It is the purpose of this Act to reapportion the districts from which members of the board of commissioners of Charlton County are to be elected in subsequent general elections, and this Act results from changes in population based on the United States decennial census of 2010. It is not the intention of the General Assembly to affect the membership of current members of the board, their terms of office, or the manner in which their successors shall be elected, and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law, except to the extent of reapportioning the districts represented by such members.

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

Plan: Charltonccsb-2014 Plan Type: local Administrator: Charlton User: Gina

District 001 Charlton County VTD: 0491 - FOLKSTON LIBRARY 010100: 2353 2354 2355 2394 2395 2396 2397 2398 2404 2413 2415 2416 2417 2420 3000 3001 3006 3007 3008 3012 3013 3014 3015 3017 3018 3019 3021 3022 3023 3027 3028 3030 3031 3033 3035 3036 3037 3039 3040 3052 3053 3054 3059 3060 3061 3062 3065 3066 3074 3075 3098 3099 3100 3101 3102 3103 3104 3105 3108 3109 3110 3111 3115 4010 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4079 4080 4081 4092 4093 VTD: 0492 - FOLKSTON 010100: 3058 3067 3068 3069 4074

3726

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 0495F - FOLKSTON FIRE STATION 010100: 1316 1317 2356 2357 2359 2360 2362 2363 2364 2365 2366 2368 2369 2370 2376 2377 2378 2379 2392 2393 2399 2400 2401 2402 2403 2418 2421 2424 2438 2496 3004 3005 3009 3010 3016 3024 3025 3026 3032 3116 3117 4000 4001 4011 4012 4031 4033 4075

District 002 Charlton County VTD: 0491 - FOLKSTON LIBRARY 010100: 3020 3073 3078 VTD: 0492 - FOLKSTON 010100: 1159 1162 1163 1164 1165 1166 1167 1322 1323 1326 3029 3034 3042 3045 3046 3047 3048 3049 3050 3051 3055 3056 3057 3063 3064 3070 3071 3072 3076 3077 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3106 3112 4017 4019 4020 4076 4077 4078 4085 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4107 4108 4117 4118 4119 4120 4121 4122 4123 4124 4125 4127 4128 4136 4137 4138 4139 4142 4143 4144 4146 4147 4148 4149 4150 4151 VTD: 0493T - TRADERS HILL 010100: 3041 3043 3044 3107 3113 3114 4113 4114 4115 VTD: 0494 - HOMELAND 010100: 1067 1082 1083 1084 1085 1087 1156 1157 1158 1160 1161 1168 1169 1170 1171 1172 1173 4021 4029 VTD: 0495F - FOLKSTON FIRE STATION 010100: 4013 4032 4082 4083 4084 4086 4087 4088 4089 4090 4091 4094 4095 4126 4129

District 003 Charlton County VTD: 0493B - BEND FIRE STATION VTD: 0493S - ST. GEORGE

GEORGIA LAWS 2014 SESSION
VTD: 0493T - TRADERS HILL 010200: 2194 2195 2196 2197 2198 2211 2212 2213 2214 2215 2216 2217 2218 2219 2220 2227 2228
District 004 Charlton County VTD: 0492 - FOLKSTON 010100: 4131 4133 4135 4140 4141 4145 4154 VTD: 0493T - TRADERS HILL 010100: 4109 4110 4111 4112 4116 4130 4132 4134 4152 4153 4155 010200: 2005 2006 2007 2008 2009 2010 2012 2037 2038 2039 2040 2045 2047 2060 2061 2062 2063 2064 2065 2066 2067 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 2192 2193 2199 2200 2201 2202 2203 2402 2413 2418 2419 2420 2421 2422 2423 2424 2425 VTD: 0494 - HOMELAND 010100: 1058 1059 1060 1061 1062 1063 1064 1065 1066 1068 1069 1070 1071 1079 1080 1081 1086 1088 1098 1099 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 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 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 1288 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301

3727

3728

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

1302 1303 1304 1305 1306 1307 1308 1309 1310 1311 1312 1313 1314 1315 1318 1324 1325 2380 2387 4002 4003 4004 4005 4006 4007 4008 4009 4014 4015 4016 4018 4022 4023 4024 4025 4026 4027 4028 4030 010200: 2000 2001 2004 2011 2013 2014 2015 2033 2034 2035 2036 2041 2042 2043 2044 2046 2048 2426 2427 2432

District 005 Charlton County VTD: 0491 - FOLKSTON LIBRARY 010100: 3038 VTD: 0493T - TRADERS HILL 010200: 2002 2003 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2068 2084 2085 VTD: 0494 - HOMELAND 010100: 1072 1089 1091 1092 1123 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1218 1327 1330 VTD: 0495F - FOLKSTON FIRE STATION 010100: 2104 2110 2111 2112 2113 2114 2115 2116 2117 2118 2120 2126 2127 2128 2129 2208 2209 2210 2211 2212 2213 2214 2215 2216 2217 2218 2219 2220 2221 2222 2223 2224 2225 2226 2227 2228 2229 2230 2231 2232 2233 2234 2235 2236 2237 2238 2239 2240 2241 2242 2243 2244 2245 2246 2247 2248 2249 2250 2251 2252 2253 2254 2255 2256 2257 2258 2259 2260 2261 2262 2263 2264 2265 2266 2267 2268 2269 2270 2271 2272 2273 2274 2275 2276 2277 2278 2279 2280 2281 2282 2283 2284 2285 2286 2287 2288 2289 2290 2291 2292 2293 2294 2295 2296 2297 2298 2299 2300 2301 2302 2303 2304 2305 2306 2307 2308 2309 2310 2311 2312 2313 2314 2315 2316 2317 2318 2319 2320 2321 2322 2323 2324 2325 2326 2327 2328 2329 2330 2331 2332 2333 2334 2335 2336 2337 2338 2339 2340 2341 2342 2343 2344 2345 2346 2347 2348 2349 2350 2351 2352 2358 2361 2367 2371 2372 2373 2374 2375 2381 2382 2383 2384 2385 2386 2388 2389 2390 2391 2405 That portion of block 2406 that is not included inside the legal boundary of the D. Ray James Correctional Facility

GEORGIA LAWS 2014 SESSION
2407 2408 2409 2410 2411 2412 2414 2419 2422 2423 2425 2426 2427 2428 2429 2430 2431 2432 2433 2434 2435 2436 2437 2439 2440 2441 2442 2443 2460 2461 2462 2463 2465 2466 2467 2468 2469 2470 2471 2472 2473 2474 2475 2476 2477 2478 2479 2483 2488 2489 2497 3002 3003 3011 VTD: 0495R - RACEPOND VTD: 0495W - WINOKUR

3729

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners for Charlton County, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3694 ), so as to change provisions relating to commissioner districts; to provide for members currently serving; to provide for an effective date; to repeal conflicting laws; 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 29, 2014, 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 6th day of February, 2014.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia

3730

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

My Commission Expires January 23, 2015 [SEAL]

Approved April 10, 2014.

__________

CHARLTON COUNTY BOARD OF EDUCATION; REDISTRICTING.

No. 389 (House Bill No. 962).

AN ACT

To amend an Act providing for the election of the members of the board of education for Charlton County, approved April 17, 1975 (Ga. L. 1975, p. 3952), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3688), so as to change provisions relating to board of education districts; to provide for members currently serving; 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 members of the board of education for Charlton County, approved April 17, 1975 (Ga. L. 1975, p. 3952), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3688), is amended by revising Section 2 as follows:

"SECTION 2. (a) For the purposes of electing members of the board of education, Charlton County shall be divided into and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: Charltonccsb-2014 Plan Type: local Administrator: Charlton 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 Charlton County which is not included in any such district described in such 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.

GEORGIA LAWS 2014 SESSION

3731

(3) Any part of Charlton County which is described in such 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 school board 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. All laws and parts of laws in conflict with this Act are repealed.

Plan: Charltonccsb-2014 Plan Type: local Administrator: Charlton User: Gina

District 001 Charlton County VTD: 0491 - FOLKSTON LIBRARY 010100: 2353 2354 2355 2394 2395 2396 2397 2398 2404 2413 2415 2416 2417 2420 3000 3001 3006 3007 3008 3012 3013 3014 3015 3017 3018 3019 3021 3022 3023 3027 3028 3030 3031 3033 3035 3036 3037 3039 3040 3052 3053 3054 3059 3060 3061 3062 3065 3066 3074 3075 3098 3099 3100 3101 3102 3103 3104 3105 3108 3109 3110 3111 3115 4010 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4079 4080 4081 4092 4093 VTD: 0492 - FOLKSTON 010100: 3058 3067 3068 3069 4074 VTD: 0495F - FOLKSTON FIRE STATION 010100: 1316 1317 2356 2357 2359 2360 2362 2363 2364 2365 2366 2368 2369 2370 2376 2377 2378 2379 2392 2393 2399 2400 2401 2402 2403 2418 2421 2424 2438 2496 3004 3005 3009 3010 3016 3024 3025 3026 3032 3116 3117 4000 4001 4011 4012 4031 4033 4075

3732

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

District 002 Charlton County VTD: 0491 - FOLKSTON LIBRARY 010100: 3020 3073 3078 VTD: 0492 - FOLKSTON 010100: 1159 1162 1163 1164 1165 1166 1167 1322 1323 1326 3029 3034 3042 3045 3046 3047 3048 3049 3050 3051 3055 3056 3057 3063 3064 3070 3071 3072 3076 3077 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3106 3112 4017 4019 4020 4076 4077 4078 4085 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4107 4108 4117 4118 4119 4120 4121 4122 4123 4124 4125 4127 4128 4136 4137 4138 4139 4142 4143 4144 4146 4147 4148 4149 4150 4151 VTD: 0493T - TRADERS HILL 010100: 3041 3043 3044 3107 3113 3114 4113 4114 4115 VTD: 0494 - HOMELAND 010100: 1067 1082 1083 1084 1085 1087 1156 1157 1158 1160 1161 1168 1169 1170 1171 1172 1173 4021 4029 VTD: 0495F - FOLKSTON FIRE STATION 010100: 4013 4032 4082 4083 4084 4086 4087 4088 4089 4090 4091 4094 4095 4126 4129

District 003 Charlton County VTD: 0493B - BEND FIRE STATION VTD: 0493S - ST. GEORGE VTD: 0493T - TRADERS HILL 010200: 2194 2195 2196 2197 2198 2211 2212 2213 2214 2215 2216 2217 2218 2219 2220 2227 2228

District 004 Charlton County VTD: 0492 - FOLKSTON 010100: 4131 4133 4135 4140 4141 4145 4154

GEORGIA LAWS 2014 SESSION
VTD: 0493T - TRADERS HILL 010100: 4109 4110 4111 4112 4116 4130 4132 4134 4152 4153 4155 010200: 2005 2006 2007 2008 2009 2010 2012 2037 2038 2039 2040 2045 2047 2060 2061 2062 2063 2064 2065 2066 2067 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 2192 2193 2199 2200 2201 2202 2203 2402 2413 2418 2419 2420 2421 2422 2423 2424 2425 VTD: 0494 - HOMELAND 010100: 1058 1059 1060 1061 1062 1063 1064 1065 1066 1068 1069 1070 1071 1079 1080 1081 1086 1088 1098 1099 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 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 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 1288 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 1306 1307 1308 1309 1310 1311 1312 1313 1314 1315 1318 1324 1325 2380 2387 4002 4003 4004 4005 4006 4007 4008 4009 4014 4015 4016 4018 4022 4023 4024 4025 4026 4027 4028 4030 010200: 2000 2001 2004 2011 2013 2014 2015 2033 2034 2035 2036 2041 2042 2043 2044 2046 2048 2426 2427 2432

3733

3734

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

District 005 Charlton County VTD: 0491 - FOLKSTON LIBRARY 010100: 3038 VTD: 0493T - TRADERS HILL 010200: 2002 2003 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2068 2084 2085 VTD: 0494 - HOMELAND 010100: 1072 1089 1091 1092 1123 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1218 1327 1330 VTD: 0495F - FOLKSTON FIRE STATION 010100: 2104 2110 2111 2112 2113 2114 2115 2116 2117 2118 2120 2126 2127 2128 2129 2208 2209 2210 2211 2212 2213 2214 2215 2216 2217 2218 2219 2220 2221 2222 2223 2224 2225 2226 2227 2228 2229 2230 2231 2232 2233 2234 2235 2236 2237 2238 2239 2240 2241 2242 2243 2244 2245 2246 2247 2248 2249 2250 2251 2252 2253 2254 2255 2256 2257 2258 2259 2260 2261 2262 2263 2264 2265 2266 2267 2268 2269 2270 2271 2272 2273 2274 2275 2276 2277 2278 2279 2280 2281 2282 2283 2284 2285 2286 2287 2288 2289 2290 2291 2292 2293 2294 2295 2296 2297 2298 2299 2300 2301 2302 2303 2304 2305 2306 2307 2308 2309 2310 2311 2312 2313 2314 2315 2316 2317 2318 2319 2320 2321 2322 2323 2324 2325 2326 2327 2328 2329 2330 2331 2332 2333 2334 2335 2336 2337 2338 2339 2340 2341 2342 2343 2344 2345 2346 2347 2348 2349 2350 2351 2352 2358 2361 2367 2371 2372 2373 2374 2375 2381 2382 2383 2384 2385 2386 2388 2389 2390 2391 2405 That portion of block 2406 that is not included inside the legal boundary of the D. Ray James Correctional Facility 2407 2408 2409 2410 2411 2412 2414 2419 2422 2423 2425 2426 2427 2428 2429 2430 2431 2432 2433 2434 2435 2436 2437 2439 2440 2441 2442 2443 2460 2461 2462 2463 2465 2466 2467 2468 2469 2470 2471 2472 2473 2474 2475 2476 2477 2478 2479 2483 2488 2489 2497 3002 3003 3011 VTD: 0495R - RACEPOND VTD: 0495W - WINOKUR

GEORGIA LAWS 2014 SESSION

3735

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to amend an Act providing for the election of the members of the board of education for Charlton County, approved April 17, 1975 (Ga. L. 1975, p. 3952), as amended, particularly by an Act approved May 16, 2007 (2007, p. 3688), so as to change provisions relating to board of education districts; to provide for members currently serving; 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 29, 2014, 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 6th day of February, 2014.

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

Approved April 10, 2014.

__________

3736

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II CITY OF MCRAE-HELENA INCORPORATION.

No. 390 (House Bill No. 967).

AN ACT

To provide for the abolition of the current charters of the municipalities of the City of Helena and the City of McRae; to create and incorporate a new municipality under the name "City of McRae-Helena, 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 repeal certain local Acts; 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. Consolidation of the City of McRae and the City of Helena; Incorporation of a
consolidated city; Revocation of individual city charters.

This city and the inhabitants thereof are incorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style City of McRae-Helena, Georgia, and by that name shall have perpetual succession. The existing charters of the City of McRae and of the City of Helena, as amended, which were originally adopted by Ga. Laws 1963, p. 2482, as amended, for the City of McRae and by Georgia Laws 1982, p. 5072 for the City of Helena, are hereby revoked, and the new City of McRae-Helena shall have all the governmental and corporate powers, duties, and functions previously held by and vested in the City of McRae and in the City of Helena and also the powers, duties, and functions provided in this charter. The City of McRae-Helena is hereby designated the successor entity to the former City of McRae and the former City of Helena and shall assume all liabilities, privileges, duties, benefits, obligations, and causes of action which heretofore belonged to, rested in, or were bestowed upon the City of McRae and the City of Helena. The revocations of such charters are made solely for the purposes of creating from those two cities a new, consolidated city, to be known as the City of McRae-Helena.

GEORGIA LAWS 2014 SESSION
SECTION 1.11. Name of consolidated city; Consolidation of two former cities
into the City of McRae-Helena.

3737

The new city shall embrace all those areas formerly constituting the City of McRae and the City of Helena as such territories 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.

SECTION 1.12. Corporate boundaries.

(a) The corporate boundaries of the City of McRae-Helena are specifically described and set forth in Appendix A attached hereto. 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 McRae-Helena, 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 changes in Appendix A by ordinance to reflect lawful changes in the corporate boundaries.

SECTION 1.13. Municipal powers.

(a) The City of McRae-Helena, Georgia, 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 McRae or by the City of Helena. The City of McRae-Helena shall be capable of suing and being sued when authorized by this charter and by the Constitution and laws of the State of Georgia. (b) The City of McRae-Helena 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 McRae-Helena shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (c) The powers of the City of McRae-Helena 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.

3738

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1.14. Examples of powers.

(a) Animal Regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder. (b) Appropriations and Expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city. (c) Building Regulation. To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, fire safety, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades. (d) Business Regulation and Taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees. (e) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. (f) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations. (g) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city. (h) Environmental Protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and 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. (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.

GEORGIA LAWS 2014 SESSION

3739

(j) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges, taxes, or fees. (k) General Health, Safety, and Welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards. (l) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose. (m) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (n) Jail Sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; to provide for the use of pretrial diversion and any alternative sentencing allowed by law; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials. (o) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city. (p) Municipal Agencies and Delegation of Power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same. (q) Municipal Debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia. (r) Municipal Property Ownership. To acquire, dispose of, lease, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city. (s) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof. (t) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, storm-water management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public

3740

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same. (u) Nuisance. To define a nuisance and provide for its abatement whether on public or private property. (v) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia. (w) Planning and Zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community. (x) Police and Fire Protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a fire-fighting agency. (y) Public Hazards: Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public. (z) Public Improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. (aa) Public Peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances. (bb) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial. (cc) Public Utilities and Services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission. (dd) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances. (ee) Retirement. To provide and maintain a retirement plan and other employee benefit plans and programs for officers and employees of the city. (ff) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within

GEORGIA LAWS 2014 SESSION

3741

the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads, and over the bridges and viaducts for the use of public utilities. (gg) Sewer Fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system. (hh) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items. (ii) Special Areas of Public Regulation. To regulate or prohibit junk dealers; the manufacture and sale of intoxicating liquors; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials; the use of lighting and heating equipment; and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; to license and tax professional fortunetelling, palmistry, and massage parlors; and to restrict adult bookstores to certain areas. (jj) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements. (kk) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation. (ll) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law. (mm) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles. (nn) Urban Redevelopment. To organize and operate an urban redevelopment program. (oo) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and

3742

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 1.15. Exercise of powers.

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

ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. City council creation; Number; Election.

(a) The legislative authority of the government of the city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six councilmembers. The city council established shall in all respects be a successor to and continuation of the governing authorities of the City of McRae and the City of Helena under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter. (b) For purposes of electing members of the city council, other than the mayor, the city is divided into three council districts. Two members of the council shall be elected from each such district. One member shall hold Post One in the district and the other member shall hold Post Two in the district. The three counsel 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: McRae-Helena-p1-2014-import Plan Type: Local Administrator: McRae-Helena User: Gina". The mayor shall be elected from the city at large.
(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.

GEORGIA LAWS 2014 SESSION

3743

(2) Any part of the City of McRae-Helena which is not included in any district described in subsection (b) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of the City of McRae-Helena 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. (4) These initial council districts may be modified in the future as authorized or required by law.

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 and each shall continue to reside therein during that member's period of service and to be registered and qualified to vote in municipal elections of the city. In addition, no person shall be eligible to serve as a councilmember representing a council district unless that person has been a resident of the district such person seeks to represent at the time of the election for councilmember and continues to reside in such district during that person's period of service.

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 12 months remain in the unexpired term. If such vacancy occurs 12 months or more prior to the expiration of the term of that office, it shall be filled 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.

3744

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

SECTION 2.13. Compensation and expenses.

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

SECTION 2.14. Holding other office; Voting when financially interested.

(a) Elected and appointed officers of the 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 the official or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to the official's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the official is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against the city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which the official has 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

GEORGIA LAWS 2014 SESSION

3745

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) 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) 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 appointive office in the city or otherwise be employed by such government or any agency thereof during the term for which that official was elected. No former mayor and no former councilmember of the City of McRae-Helena shall hold any appointive office in the city until one year after the expiration of the term for which that official was elected; provided, however, that this prohibition shall not apply to former mayors and councilmembers of the former City of McRae and City of Helena. (g) 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 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 council either immediately upon election or at any time such conflict may arise. (h) If the mayor or any councilmember is absent from three consecutive regular meetings of the governing authority, the office of such person shall be vacated unless the person was granted leave of absence by the council which shall be entered on the minute books of the council. (i) 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.

3746

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.15. Inquiries and investigations.

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

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

(a) Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of the 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 McRae-Helena and may enforce such ordinances by imposing penalties for violation thereof.

SECTION 2.17. Eminent domain.

The city council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.

SECTION 2.18. Organizational meetings.

The city council shall hold an organizational meeting at the first council meeting in each even-numbered year. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members by a judicial officer authorized to

GEORGIA LAWS 2014 SESSION

3747

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 such office according to the Constitution and laws of the State of Georgia. I have been a resident of my district and the City of McRae-Helena 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 McRae-Helena 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 four members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted. (d) With the approval of a majority of the council, a councilmember may attend a council meeting by teleconference or other similar means such as a telephone conference call, a two-way interactive closed circuit television or satellite television signal, or any other similar method which allows such member of the city council participating in the meeting by such means to hear and speak to the other members participating in the meeting. The council shall be authorized to enact council policies and ordinances governing the attendance at council meetings by such electronic means.

3748

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.20. Rules of procedure.

(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal 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) Four councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. The mayor shall not be counted in determining if a quorum exists. 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, four affirmative votes shall be required for the adoption of any ordinance, resolution, or motion; provided, however, that the mayor, or mayor pro tem when acting as mayor, shall not vote except to break a tie. (b) No member of the city council shall abstain from voting on any matter properly brought before the council for official action except when such councilmember has a conflict of interest which is disclosed in writing prior to or at the meeting and made a part of the minutes. Any member of the city council present and eligible to vote on a matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of interest shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved.

SECTION 2.22. Ordinance form; Procedures.

(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of McRae-Helena" and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24 of this charter. Upon introduction of any ordinance, the

GEORGIA LAWS 2014 SESSION

3749

clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.

SECTION 2.23. Action requiring an ordinance.

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

SECTION 2.24. Emergencies.

(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or four councilmembers and 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 five councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.

SECTION 2.25. Codes of technical regulations.

(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:

3750

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(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 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 McRae-Helena, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city, and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

SECTION 2.27. City Manager; Appointment; Qualifications; Compensation.

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

GEORGIA LAWS 2014 SESSION
SECTION 2.28. Removal of city manager.

3751

(a) The city council may remove the manager from office in accordance with the following procedures:
(1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the manager. (2) Within five days after a copy of the resolution is delivered to the manager, the manager may file with the city council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The manager may file with the council a written reply not later than five days before the hearing. (3) If the 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 manager has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing. (b) The manager may continue to receive a salary until the effective date of a final resolution of removal.

SECTION 2.29. Acting city manager.

By letter filed with the city clerk, the city manager may 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.

If so appointed, 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 any city employees or administrative officers the city manager appoints,

3752

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 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 interference with administration.

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

SECTION 2.32. Selection of mayor and mayor pro tem.

(a) The voters of the city shall elect a mayor at large for a term of four years. The mayor shall be elected and serve for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector of 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 service. The mayor shall forfeit the office on the same grounds and

GEORGIA LAWS 2014 SESSION

3753

under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers. (b) By a majority vote, the city council shall elect from among its members a mayor pro tem who shall act as mayor during the absence or disability of the mayor, and if a vacancy occurs, shall become mayor for the remainder of the unexpired term. When acting as mayor, the mayor pro tem shall not vote on matters before the council except to break a tie.

SECTION 2.33. Powers and duties of mayor.

The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; (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) Not vote on matters before the city council except to break a tie and shall not be counted toward a quorum; (6) If no city manager has been appointed, prepare and submit to the city council a recommended annual operating budget and recommended capital budget; and (7) Fulfill such other executive and administrative duties as the city council shall by ordinance establish.

SECTION 2.34. 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 city council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tem or selected councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter. When acting as mayor, the mayor pro tem shall not vote on matters before the council except to break a tie.

3754

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.

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

SECTION 3.11. Boards, commissions, and authorities.

(a) The city council shall create by ordinance boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary, and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by 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.

GEORGIA LAWS 2014 SESSION

3755

(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members shall serve at-will and 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 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.

(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 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. 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.

3756

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3.14. Position classification and pay plans.

The mayor or, if a city manager has been appointed, the city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, elected and appointed city officials are not city employees.

SECTION 3.15. Personnel policies.

All employees shall 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 McRae-Helena.

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, 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 shall serve at-will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.

GEORGIA LAWS 2014 SESSION
SECTION 4.12. Convening.

3757

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

SECTION 4.13. Jurisdiction; Powers.

(a) The municipal court shall have jurisdiction and authority to try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that, such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00, imprisonment for 180 days, or both such fine and imprisonment; or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the 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.

3758

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4.14. Certiorari.

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

SECTION 4.15. Rules for court.

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

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

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

SECTION 5.11. Election of the city council and mayor.

(a) There shall be a municipal general election biennially in the odd years on the Tuesday next following the first Monday in November, beginning in 2015. (b) There shall be elected the mayor and three councilmembers at one election and at every other regular election thereafter. The remaining city council seats shall be filled at the election alternating with the first election so that a continuing body is created. Terms shall be for four years and until a successor is elected and qualified. (c) Notwithstanding any provision of this charter to the contrary, the initial members of the city council and the mayor shall be elected on the Tuesday next following the first Monday in November in 2014. Each person qualifying for the city council shall designate the district and post for which such person is offering for election. The mayor and the councilmembers from Post One in each district shall be elected to serve three-year terms of office beginning

GEORGIA LAWS 2014 SESSION

3759

on the first day of January immediately following such election and until successors are elected and qualified. The councilmembers from Post Two in each district shall be elected to serve one-year terms of office beginning on the first day of January immediately following such election and until successors are elected or qualified. Thereafter, successors to the mayor and members of the city council shall be elected on the Tuesday after the first Monday in November immediately preceding the end of their respective terms of office and shall serve terms of four years beginning on January 1 immediately following such election and until their respective successors are elected and qualified. Such initial election shall be conducted by the election superintendent of Telfair County and the results of such election shall be certified by the election superintendent of Telfair County to the Secretary of State.

SECTION 5.12. Vacancies upon qualifying for other offices, exceptions.

The office of the mayor or a councilmember shall be declared vacant upon such official qualifying, in a general primary or general election, or special primary or special election, 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 30 days prior to the expiration of such official's present term of office. The vacancy created in any such office shall be filled as provided by this charter. This provision shall not apply to the mayor or a councilmember who is seeking or holding more than one elective office when the holding of such offices simultaneously is specifically authorized by law.

SECTION 5.13. Reserved.

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 councilmembers 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 councilmembers 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.

3760

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 5.15. Other provisions.

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

SECTION 5.16. Removal of officers.

(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Telfair County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (2) By an order of the Superior Court of Telfair County following a hearing on a complaint seeking such removal brought by any resident of the City of McRae-Helena.

ARTICLE VI FINANCE
SECTION 6.10. Property tax.

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

GEORGIA LAWS 2014 SESSION
SECTION 6.11. Millage rate; Due dates; Payment methods.

3761

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

SECTION 6.12. Occupation and business taxes.

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

SECTION 6.13. Regulatory fees; Permits.

The city council by ordinance shall have the power to require businesses or practitioners doing business within the city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect 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 the city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of the city's streets and alleys for the purposes of railroads, street

3762

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

SECTION 6.15. Service charges.

The city council by ordinance shall have the power to assess and collect fees, charges, assessments, and tolls for sewers, sanitary, and health services, or any other services provided or made available within and without the corporate limits of the city. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.

SECTION 6.16. Special assessments.

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

SECTION 6.17. Construction; Other taxes and fees.

The city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this charter 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.

GEORGIA LAWS 2014 SESSION
SECTION 6.19. General obligation bonds.

3763

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 December 31 of each year, unless otherwise provided by law.

SECTION 6.22. Lease-purchase contracts.

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

SECTION 6.23. Fiscal year.

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

3764

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.24. Preparation of budgets.

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

SECTION 6.25. Submission of operating budget to city council.

On or before a date fixed by the city council but not later than 45 days prior to the beginning of each fiscal year, the mayor or, where a city manager has been appointed, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor or city manager, as appropriate, 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 this charter, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

SECTION 6.26. Action by city council on budget.

(a) The city council may amend the operating budget proposed by the mayor or the city manager, as the case may be; 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, 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 fifteenth day of December of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 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

GEORGIA LAWS 2014 SESSION

3765

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 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 may be made only from an existing unexpended surplus.

SECTION 6.29. Capital budget.

(a) On or before the date fixed by the city council but no later than 45 days prior to the beginning of each fiscal year, the mayor or, if a city manager has been appointed, the city manager shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the fifteenth day of December of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor or the city manager, as the case may be, 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.

3766

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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: (1) It is in writing; (2) It is reviewed by the city attorney to the extent required by ordinances that may be adopted by the council from time to time; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.20 of this charter.

SECTION 6.32. Centralized purchasing.

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

SECTION 6.33. Sale and lease of city property.

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

GEORGIA LAWS 2014 SESSION

3767

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 elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.

SECTION 7.11. Existing ordinances, resolutions, rules, and regulations.

Existing ordinances, resolutions, rules, and regulations of the 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. Existing personnel and officers.

(a) The terms of all elected officials of the City of McRae and the City of Helena shall end as of December 31, 2014, as a result of the revocation of the charters of such cities. (b) Except as specifically provided otherwise by this charter, all personnel and nonelective officers of the City of McRae and the City of Helena shall continue to be employed by the new City of McRae-Helena until and unless such personnel or nonelective officers are terminated for cause. (c) All officers, officials, and employees of the former City of McRae and City of Helena shall cooperate with and assist the city council, mayor, and other officers of the City of McRae-Helena:
(1) In planning the restructuring of departments, boards, commissions, and agencies of such former governments and in transferring the functions, duties, and responsibilities of such departments, boards, commissions, authorities, and agencies to the appropriate agencies of the new City of McRae-Helena; and

3768

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(2) In all other respects in order that the transfer of the governments be accomplished in the most orderly manner possible. The officers of the new City of McRae-Helena shall be entitled to examine all records, files, and other data in the possession of the former governments and of all officers, officials, employees, and departments thereof. The former governments shall to the extent possible provide working areas and facilities for the officers of the City of McRae-Helena.

SECTION 7.13. Pending matters.

(a) 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. (b) Except as specifically provided otherwise by this charter, all contracts, orders, leases, bonds, and other obligations or instruments entered into by the City of McRae 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 City of McRae-Helena; provided, however, that, to be valid, any obligation created by the City of McRae to become effective after the date of approval of this charter and prior to the effective date of this charter shall be ratified by the city council of the City of McRae-Helena 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 Helena 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 City of McRae-Helena; provided, however, that, in order to be valid, any obligation created by the City of Helena to become effective after the date of approval of this charter and prior to the effective date of this charter shall be ratified by the city council of the City of McRae-Helena 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 McRae or the City of Helena or an agency or department thereof shall be abated or otherwise affected by the adoption of this charter, and the City of McRae-Helena shall stand substituted as a party in lieu thereof. (d) On January 1, 2015, all assets, liabilities, funds, and property, real and personal, of the former City of McRae and the former City of Helena shall become the assets, liabilities, funds, and property of the new City of McRae-Helena.

GEORGIA LAWS 2014 SESSION
SECTION 7.14. Construction.

3769

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

SECTION 7.15. Severability.

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

SECTION 7.16. Specific repealer.

(a) An Act to amend, consolidate, create, revise, and supersede the several Acts incorporating the City of McRae in the County of Telfair and State of Georgia, and all amendments in respect thereto, approved March 22, 1963 (Ga. L. 1963, p. 2482), and all amendatory Acts thereto are hereby repealed in their entirety. (b) An Act to reincorporate the City of Helena, Georgia, and to grant a new charter to such city, approved April 16, 1982 (Ga. L. 1982, p.5072), is hereby repealed in its entirety.

SECTION 7.17. Effective date.

For purposes of conducting elections under this charter for the initial mayor and city council for the City of McRae-Helena, this charter shall become effective upon its approval by the Governor or upon its becoming law without such approval. This charter shall become effective for all other purposes on January 1, 2015.

SECTION 7.18. General repealer.

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

3770

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
APPENDIX A CORPORATE BOUNDARIES OF CITY OF MCRAE-HELENA

Plan: McRae-Helena-city-2014 Plan Type: Local Administrator: McRae-Helena User: Gina

District MCRAE-HELENA Telfair County VTD: 271HE - HELENA 950100: 2012 2025 2027 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 2073 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 2111 2112 2115 2117 2119 2120 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 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 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5095 5096 5097 5098 5099 5103 5104 5105 VTD: 271MC - MCRAE 950100: 1014 1016 1018 1019 1020 1021 1023 1029 1030 1031 1035 1036 1037 1038 1042 1043 1044 1045 1046 1047 1049 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 1091 1166 1167 1178 1179 2069 2070 2074 2075 2076 2077 2078 2079 2080 2081 2108 2109 2110 2113 2114 2118 3016 3017 3019 3026 3027 3028 3029 3030 3052 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 3110 3111 3112 3113 3114 3115 3116 3118 3119 3120 3121 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017

GEORGIA LAWS 2014 SESSION
4018 4019 4020 4021 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 5016 5042 5043 5044 5048 5049 5050 5051 5053 5054 5056 5066 5067 5068 5088 5092 5094 5108 5109 5110 5111 5112 5113 5114 5115 5116 5117 5118 5119 5120 5121 5122 5123 Wheeler County VTD: 3091 - ALAMO 780200: 2171 2172
Plan: McRae-Helena-p1-2014-import Plan Type: Local Administrator: McRae-Helena User: Gina
District 001 Telfair County VTD: 271MC - MCRAE 950100: 1029 1030 1031 1080 1081 1084 1085 1166 1167 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 5048 5049 5050 5051 5053 5054 5056 That portion of block 5088 that is not included inside the legal boundary of the McRae Correctional Facility 5092 5094 5108 5109 5110 5111 5112 5113 5114 5115 5116 5117 5118 5119 5120 5121 5122 5123
District 002 Telfair County VTD: 271HE - HELENA 950100: 2012 That portion of block 2025 that is not included inside the legal boundary

3771

3772

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

of the Telfair State Prison 2027 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 2073 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 2111 2112 2117 2120 VTD: 271MC - MCRAE 950100: 1014 1016 1018 1019 1020 1021 1023 1035 1036 1037 1038 1042 1043 1044 1045 1046 1047 1049 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 1082 1083 1086 1087 1088 1091 1178 1179 2069 2070 2074 2075 2076 2077 2078 2079 2080 2081 2108 2109 2110 2113 2114 2118 Wheeler County VTD: 3091 - ALAMO 780200: 2171 2172

District 003 Telfair County VTD: 271HE - HELENA 950100: 2115 2119 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 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 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5095 5096 5097 5098 5099 5103 5104 5105 VTD: 271MC - MCRAE 950100: 3016 3017 3019 3026 3027 3028 3029 3030 3052 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 3110 3111 3112 3113 3114 3115 3116 3118 3119 3120 3121 5016 5042 5043 5044 5066 5067 5068

GEORGIA LAWS 2014 SESSION NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION

3773

NOTICE is hereby given that there will be introduced at the Regular 2014 Session of the General Assembly of Georgia an Act to provide for the abolition of the current charters of the municipalities of the City of Helena and the City of McRae, to create and incorporate a new municipality under the name "City of McRae-Helena, 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 repeal certain local Acts; to provide for effective dates; to repeal conflicting laws; and for other purposes.

Rep. Jimmy Pruett Georgia House of Representatives District 149

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 January 29, 2014, 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 6th day of February, 2014.

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

Approved April 10, 2014.

__________

3774

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

No. 391 (House Bill No. 976).

AN ACT

To authorize the governing authority of the City of Fayetteville 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 Fayetteville 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 Fayetteville dated January 16, 2014, 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 Fayetteville:
(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 Fayetteville; provided, however, that the City of Fayetteville 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

GEORGIA LAWS 2014 SESSION

3775

(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 2014 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Fayetteville to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the Official Code of Georgia Annotated; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Joe Morton City Manager
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Virgil Fludd, who on oath deposes and says that he is the Representative from District 64 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Fayette County News which is the official organ of Fayette County on January 29, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ VIRGIL FLUDD Virgil Fludd Representative, District 64
Sworn to and subscribed before me, this 10th day of February, 2014.
s/ DIANA GRAVER Diana Graver Notary Public, Fulton County, Georgia My Commission Expires December 17, 2016 [SEAL]

3776

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Approved April 10, 2014.

__________

CITY OF ALPHARETTA HOTEL/MOTEL TAX.

No. 392 (House Bill No. 989).

AN ACT

To authorize the governing authority of the City of Alpharetta 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 Alpharetta 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 by the governing authority of the City of Alpharetta authorizing an increase in the excise tax on January 27, 2014, 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 Alpharetta:
(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 Alpharetta; and

GEORGIA LAWS 2014 SESSION

3777

(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 hereby given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Alpharetta to levy an excise tax pursuant to Subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 4th day of February, 2014.
s/Chuck Martin Representative Chuck Martin 49th District
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 February 4, 2014, 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 7th day of February, 2014.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia

3778

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

My Commission Expires January 23, 2015 [SEAL]

Approved April 10, 2014.

__________

CITY OF SCOTLAND MAYOR AND COUNCIL; FOUR-YEAR TERMS.

No. 393 (House Bill No. 995).

AN ACT

To amend an Act entitled "An Act to reincorporate the City of Scotland, Georgia," approved March 24, 1988 (Ga. L. 1988, p. 4314), so as to provide for four-year terms for the mayor and councilmembers; to provide for initial terms; to provide for elections; 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 Scotland, Georgia," approved March 24, 1988 (Ga. L. 1988, p. 4314), is amended by revising Section 2.02 as follows:

"SECTION 2.02. Terms of office and limitations thereon.

(a) Mayor; term of office. The term of office of the mayor of the City of Scotland shall begin at the first regular meeting of the council in January next succeeding his election and shall continue for four years and until his or her successor is elected and qualified, and there shall be no limitation preventing succession. (b) City council; terms of office. The terms of office for members of the city council shall begin at the first regular meeting of the council in January next succeeding their election and shall continue for four years and until their successors are elected and qualified, and there shall be no limitation preventing succession."

SECTION 2. Said Act is further amended by revising Article V as follows:

GEORGIA LAWS 2014 SESSION
"ARTICLE V ELECTIONS SECTION 5.01.

3779

(a) 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. (b) Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations as provided in Code Section 21-2-139 of the O.C.G.A. (c) All elections for mayor and all councilmembers shall be at-large by the voters of the entire city.

SECTION 5.02. Qualifications for mayor and councilmembers.

To be eligible for the office of mayor or councilmember, elected or appointed, a person must meet the qualifications for members of the state House of Representatives as prescribed in Article III, Section VI, Paragraph I of the state Constitution, as now or hereafter amended; must meet the requirements of a qualified elector for members of the General Assembly, as prescribed by general law; must be a registered voter of the City of Scotland; and must be a bona fide resident of the City of Scotland for at least one year next preceding the election in which he or she offers as a candidate. Further, no candidate shall be allowed to qualify for any office in said city who owes to said city any delinquent taxes, fees, charges, or assessments of any kind or nature.

SECTION 5.03. Elections for the members of the mayor and council shall be conducted 'at-large'; provided, however, candidates for council shall qualify for a numbered post, Post 1 through Post 4, without any district or residency requirement. All qualified electors residing within the city may vote for candidates in any city elections.

SECTION 5.04. The two councilmembers who are elected to a two-year term in the municipal general election conducted in November, 2014, shall serve terms of one year and until their successors are duly elected and qualified. Thereafter, the mayor and four councilmembers shall be elected at the nonpartisan general election 2015 and shall serve terms of four years and until their successors are duly elected and qualified. The mayor and councilmembers shall be elected by plurality vote."

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

3780

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 2014 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to reincorporate the City of Scotland, Georgia, approved March 24, 1988 (Ga. L. 1988, p. 4314); and for other purposes.

This 5th day of February, 2014.

L. Perry Avery, Jr.

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 5, 2014, 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 11th day of February, 2014.

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 given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to reincorporate the City of Scotland, Georgia, approved March 24, 1988 (Ga. L. 1988, p. 4314); and for other purposes.

This 5th day of February, 2014.

L. Perry Avery Jr.

GEORGIA LAWS 2014 SESSION GEORGIA, FULTON COUNTY

3781

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 Wheeler County Eagle which is the official organ of Wheeler County on February 5, 2014, 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 11th day of February, 2014.

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

Approved April 10, 2014.

__________

EARLY COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION.

No. 394 (House Bill No. 997).

AN ACT

To provide for a board of elections and registration for Early County and to provide for its powers, duties, and responsibilities; to provide for the composition of the board and a method for selection, resignation, and removal of its members and for filling vacancies; to provide for the qualifications, terms, succession, and compensation of members; to provide for a supervisor of registration and elections and the powers, duties, and compensation of such supervisor; to provide for clerical assistants, poll workers, and other employees and for their compensation; to provide for expenditure of public funds; to provide for meetings and procedures; to provide for offices and equipment; to relieve certain boards and officers of powers and duties and to provide for transfer of certain items and property to the newly

3782

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

created board; to provide for contracts with certain municipalities; to provide for definitions; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, the term:
(1) "Board" means the Early County Board of Elections and Registration. (2) "Commissioners" means the Early County Board of Commissioners. (3) "County" means Early County. (b) The terms "election," "elector," "primary," and "public office" shall have the same meanings as ascribed to such terms by Code Section 21-2-2 of the O.C.G.A. unless otherwise clearly apparent from the text of this Act.

SECTION 2. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created and established a board of elections and registration for Early County which shall have jurisdiction over the conduct of primaries and elections and the registration of electors in the county in accordance with the provisions of this Act. Such board shall be known as the Early County Board of Elections and Registration. The board shall have all the powers, duties, and responsibilities of the superintendent of elections of Early 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 Early County, and the powers, duties, and responsibilities of the Board of Registrars of Early County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." It is the purpose and intention of this Act to grant the Early County Board of Elections and Registration all powers, duties, and responsibilities relating to the registration of voters and the preparation, conduct, and administration of primaries and elections in and for Early County.

SECTION 3. The board shall be composed of five members, each of whom shall be an elector and resident of Early County and who shall be appointed by the governing authority of the county in the following manner:
(1) The initial members of the board shall be appointed for terms of office beginning January 1, 2015. The commissioners shall appoint four members of the board. The commissioners in odd-numbered districts, Districts 1 and 3, shall designate two of the initial members to serve for terms ending on December 31, 2018. Commissioners in even-numbered districts, Districts 2 and 4, shall designate two of the initial members to serve for terms ending on December 31, 2017. They shall serve until their respective successors are duly appointed and qualified;

GEORGIA LAWS 2014 SESSION

3783

(2) The fifth member shall be designated as supervisor of registration and elections and shall be appointed by the Early County administrator in consultation with the county commission chairperson. Such member shall be the administrator and chairperson of the board, shall carry out all duties of voter registration and elections, shall be a full-time employee of the county, and shall not have a regular term of office; (3) No person who holds or qualifies as a candidate for elective public office shall be eligible to serve as a member of the board during the term of such elective office, and the position of any such member shall be deemed vacant upon such member's qualifying as a candidate for elective public office; (4) Successors shall be appointed in the manner specified in this section for the appointment of the member who is being succeeded. Members shall be eligible to succeed themselves and shall have the right to resign at any time by giving written notice of resignation to the governing authority and to the clerk of the Superior Court of Early County. Members shall be subject to removal from the board at any time, for cause, after notice and hearing by the appointing authority; and (5) In the event a vacancy occurs in the office of any member other than the supervisor of registration and elections before the expiration of that member's term of office, whether by removal, death, resignation, or otherwise, the respective appointing authority shall appoint a successor to serve the remainder of the unexpired term and until a successor is duly appointed and qualified.

SECTION 4. (a) The appointment of each member shall be made by the commissioners filing an affidavit with the clerk of the Superior Court of Early County no later than 30 days preceding the date upon which such member is to take office, stating the name and residential address of the person appointed and certifying such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by general state law for registrars. (b) In the event the commissioners do not certify in conformity with this Act an appointment to the board within 60 days after the beginning of a term or within 60 days after the creation of a vacancy on the board, the judge of the Probate Court of Early County shall immediately fill the vacancy by making the appointment and shall certify it as provided in this section. Any person appointed to fill a vacancy shall serve out the unexpired term.
SECTION 5. (a) The supervisor of registration and elections shall serve as a member of the board. Such supervisor shall be considered a county employee for purposes of pay, benefits, vacation,

3784

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

termination of employment, and other purposes. Such supervisor shall be subject to direction, evaluation, and corrective action by the county administrator. (b) The compensation of the supervisor of registration and elections shall be fixed by the governing authority of the county in the same manner as other county employees. (c) The supervisor of registration and elections may recommend to the county administrator for employment such full-time or part-time employees as may be deemed necessary and as approved in the annual budget approved by the governing authority of the county. (d) The supervisor of registration and elections and the board shall be responsible for the selection, appointment, and training of poll workers in primaries and elections.

SECTION 6. (a) The board shall be authorized and empowered to organize itself, determine procedural rules and regulations, adopt bylaws, and otherwise take 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 decisions by the board shall be by majority vote of the members of the board. (b) Board members function as working members. With the consent of the governing authority of the county, the board shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets, and other materials designed to inform and adequately instruct the electors of the county with regard to elections. No material distributed by the board shall contain or express in any manner any commentary or expression of opinion or request support for any political issue or matter of political concern. (c) The compensation of members of the board, clerical assistants, and other employees shall be fixed by the governing authority of the county and shall be paid from county funds. (d) Before entering upon a member's duties, each board member shall take substantially the same oath as required by general state law for registrars and shall have the same privileges from arrest.

SECTION 7. The board may hold regular meetings at the county courthouse, the county administration public meeting room, or any other locations as the board may prescribe. Meetings shall be held only after proper notice, including date, time, and place, is communicated by public notice as required by law. All meetings of the board shall be conducted pursuant to Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings.

SECTION 8. The commissioners shall provide the board and supervisor of registration and elections with suitable offices and equipment and with other employees as the governing authority shall deem appropriate.

GEORGIA LAWS 2014 SESSION

3785

SECTION 9. On January 1, 2015, the elections superintendent of Early County and the board of registrars of Early County shall be relieved of all powers and duties to which the board succeeds by provisions of this Act. Prior thereto, they shall deliver to the board's supervisor of registration and elections, upon written request, custody of all equipment, supplies, materials, books, papers, records, registrations, and facilities of every kind pertaining to the powers, duties, and responsibilities such abolished board and superintendent had immediately prior to their abolition.

SECTION 10. The commissioners 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 the municipality. Nothing in this Act shall be construed to require or prohibit joint primaries or elections.

SECTION 11. (a) For the purposes of selecting the initial members of the board, this Act shall become effective on July 1, 2014. (b) For all other purposes, this Act shall become effective on January 1, 2015.

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 2014 session of the General Assembly of Georgia a bill to provide for a board of elections and registration for Early County and to provide for its powers, duties, and responsibilities; to provide for the composition of the board and a method for selection, resignation, and removal of its members for filling vacancies; to provide for the qualifications, terms, succession and compensation of members; to provide for a supervisor of registration and elections and the powers, duties, and compensation of such supervisor; to provide for clerical assistants, poll workers, and other employees and for their compensation; to provide for expenditure of public funds; to provide for meetings and procedures; to provide for offices and equipment; to relieve certain boards and officers of powers and duties and to provide for transfer of certain items and property to the newly created board; to provide for contracts with certain municipalities; to provide for definitions; and for other purposes.

3786

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

This 10th day of February, 2014.

Gerald E. Greene Georgia State Representative, 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 Early County News which is the official organ of Early County on February 11, 2014, 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 17th day of February, 2014.

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

Approved April 10, 2104.

__________

CITY OF DACULA CORPORATE LIMITS.

No. 395 (House Bill No. 999).

AN ACT

To amend an Act to create a new charter for the City of Dacula, approved February 21, 1978 (Ga. L. 1978, p. 3040), as amended, so as to change the corporate boundaries of the city; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2014 SESSION BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3787

SECTION 1. An Act to create a new charter for the City of Dacula, approved February 21, 1978 (Ga. L. 1978, p. 3040), as amended, is amended by designating the existing text of subsection (a) of Section 1.11 as paragraph (1) and adding a new paragraph to read as follows:
"(2) In addition to the territory described in paragraph (1) of this subsection, the corporate boundaries of the city shall include all properties added through amendments to this charter; all properties added by all annexation ordinances adopted by the Mayor and Council of the City of Dacula since February, 1978; and the additional property described in this paragraph. These boundaries are shown on a map entitled the Official Map of the Corporate Limits of the City of Dacula, Georgia, last amendment dated April 15, 2013, which map is maintained in the office of the City Administrator of the City of Dacula, Georgia, and is incorporated herein by reference. The properties described herein and shown on the map are intended to include and are hereby declared to include all of the property included in the tax parcels set forth below as those tax parcels existed on the tax rolls and tax maps of Gwinnett County for the year 2014, and all properties annexed by ordinances approved by the Mayor and Council of the City of Dacula since February of 1978, and all property included in the tax parcels set forth below as those tax parcels exist on the tax rolls and tax maps of Gwinnett County for the year 2014, and all of the public roadways and rights of way adjacent to those parcels, including railroad rights of way lying adjacent to those parcels or to the public roadways lying adjacent to those parcels: R5271-009 R5271-070 R5274-215 R5275-070 R5271-102 R5271-048 R5271-093 R5271-011A R5274-021 R5275-006 R5271-004 R5271-010A R5271-049 R5271-067 R5271-052 R5271-064 R5275-006A R5271-006 R5271-010 R5274-017 R5242-001 R5271-003 R5271-008 R5271-073 R5271-051 R5271-100 R5274-022 R5271-184 R5271-002 R5274-047 R5274-088 R5275-006B R5275-072 R5271-050"

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval or on June 1, 2014, whichever is later.

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

3788

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 2014 session of the General Assembly of Georgia a bill to amend an Act to create a new charter for the City of Dacula, approved February 21, 1978 (Ga. L. 1978, p. 3040), as amended so as to change the corporate boundaries of the city; to provide for related matters; to provide an effective date; and for other purposes.

-s- Chuck Efstration Representative Chuck Efstration District 104

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chuck Efstration, who on oath deposes and says that he is the Representative from District 104 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on February 13, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CHUCK EFSTRATION Chuck Efstration Representative, District 104

Sworn to and subscribed before me, this 17th day of February, 2014.

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

Approved April 10, 2014.

__________

GEORGIA LAWS 2014 SESSION CITY OF ROME HOTEL/MOTEL TAX.

3789

No. 396 (House Bill No. 1001).

AN ACT

To authorize the governing authority of the City of Rome 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 Rome 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. R 12-2 of the governing authority of the City of Rome on December 16, 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 Rome:
(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 Rome; provided, however, that the City of Rome 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

3790

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Rome 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.
/s/ JOHN BENNETT John Bennett, City Manager February 7, 2014
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Katie Dempsey, who on oath deposes and says that she is the Representative from District 13 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune which is the official organ of Floyd County on February 7, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ KATIE DEMPSEY Katie Dempsey Representative, District 13
Sworn to and subscribed before me, this 17th day of February, 2014.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 [SEAL]

GEORGIA LAWS 2014 SESSION

Approved April 10, 2014.

__________

3791

CITY OF JEFFERSONVILLE NEW CHARTER.

No. 397 (House Bill No. 1002).

AN ACT

To provide a new charter for the City of Jeffersonville; 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 related 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.

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

3792

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

(a) The boundaries of the city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of the city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be, "Official Map (or Description) of the Corporate Limits of the City of Jeffersonville, 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 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 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 the 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) 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. (b) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city. (c) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, fire safety, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades.

GEORGIA LAWS 2014 SESSION

3793

(d) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees. (e) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. (f) Contracts. To enter into contracts and agreements with other governmental entities and private persons, firms, and corporations. (g) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city. (h) Environmental protection. To protect and preserve the nature 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. (i) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof. (j) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein 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. (k) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards. (l) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose. (m) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (n) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public

3794

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

property in the city; to provide for commitment of such persons to any jail; to provide for the use of pretrial diversion and any alternative sentencing allowed by law; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials. (o) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city. (p) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all 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 city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia. (r) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the corporate boundaries of the city. (s) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of the same by the public and to prescribe penalties and punishment for violations thereof. (t) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, storm-water management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties of such public utilities; and to provide for the withdrawal of service for refusal or failure to pay the same. (u) Nuisance. To define a nuisance and provide for its abatement whether on public or private property. (v) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia. (w) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community. (x) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and 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;

GEORGIA LAWS 2014 SESSION

3795

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. (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 city, and to prescribe penalties and punishment for violation of such ordinances. (ee) Retirement. To provide and maintain a retirement plan and other employee benefit plans and programs for officers and employees of the city. (ff) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so. (gg) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system. (hh) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse; 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.

3796

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(ii) Special areas of public regulation. To regulate or prohibit junk dealers and the manufacture and sale of intoxicating liquors; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind by taxation or otherwise; to license and tax professional fortunetelling, palmistry, and massage parlors; and to restrict adult bookstores to certain areas. (jj) Special assessments. To levy and provide for the collection of special assessments to cover the costs 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 city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles. (nn) Urban redevelopment. To organize and operate an urban redevelopment program. (oo) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.14. Exercise of powers.

All powers, functions, right, 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.

GEORGIA LAWS 2014 SESSION
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. City council creation; number; election.

3797

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 seven 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 such person shall have been a resident of the city for 12 months prior to the date of election of mayor or councilmembers of the council; each such person shall continue to reside therein during his or her period of service and be registered and qualified to vote in municipal elections of this city. In addition to the above requirements, no person shall be eligible to serve as a councilmember representing a city council district unless such person has been a resident of the district he or she seeks to represent for a continuous period of at least six months immediately prior to the date of the election for councilmember and continues to reside in such district during his or her period of service.

SECTION 2.12. Vacancies; filling of vacancies.

(a) Vacancies. The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Filling of vacancies. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the city council or those members remaining if less than 12 months remains in the unexpired term. If such vacancy occurs 12 months or more prior to the expiration of the term of that office, it shall be filled for the remainder of the unexpired term by a special election, as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A. or other such laws as are or may hereafter be enacted. (c) This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember.

3798

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.13. Compensation and expenses.

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

SECTION 2.14. Conflicts of interest; holding other offices.

(a) Fiduciary capacity. 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 Title 50, Chapter 14 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which the official is engaged without proper legal authorization or use such information to advance the financial or other private interest of the official or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to the official's knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which the official is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which the official has a financial interest. (c) Disclosure. Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council

GEORGIA LAWS 2014 SESSION

3799

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 governmental entity to which this charter applies shall use property owned by such governmental entity for personal benefit or profit. Such official, officer, or employee 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 appointive office in the city or otherwise be employed by the government or any agency thereof during the term for which that official was elected. No former mayor and no former councilmember shall hold any appointive office in the city until one year after the expiration of the term for which that official was elected. (g) Political activities of certain officers and employees. No 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 councilmembers either immediately upon election or at any time such conflict may arise. (h) Penalties for violation:
(1) Any city officer or employee who 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; and (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 the city council may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey

3800

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance.

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

(a) Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city. (b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and 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 Jeffersonville 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; charitable, educational, recreational, sport, curative, corrective, detention, penal, and medical institutions, agencies, and facilities; and any other public improvements inside or outside the city and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.

SECTION 2.18. Organizational meetings.

The city council shall hold an organizational meeting as prescribed by ordinance. The meeting shall be called to order by the mayor-elect 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, 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 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

GEORGIA LAWS 2014 SESSION

3801

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 City of Jeffersonville 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 Jeffersonville to the best of my ability without fear, favor, affection, reward, or expectation thereof."

SECTION 2.19. Regular and special meetings.

(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or any member of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made fully as is reasonably possible as provided by 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 city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.

SECTION 2.21. Quorum; voting.

(a) Four councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote, and the vote shall be recorded in the journal; but any member of the city council shall have the

3802

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

right to request a roll call vote, and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of four councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (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 journal. Any member of the city council present and eligible to vote on a matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of interest shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved. The mayor shall vote only in the case of tie or in the case where his or her vote will provide the fourth affirmative vote required for approval of a matter.

SECTION 2.22. Action requiring an ordinance.

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

SECTION 2.23. Emergencies.

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

GEORGIA LAWS 2014 SESSION
SECTION 2.24. Codes of technical regulations.

3803

(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 general 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 2.25 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the city clerk for inspection by the public.

SECTION 2.25. Signing; authenticating; recording; codification; printing.

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

3804

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.26. Mayor and mayor pro tempore.

(a) At each regular election, the voters of the city shall elect a mayor at large for a term of four years. The mayor shall be a qualified elector of the city and shall have been a resident of the city for at least 12 months immediately prior to the election. The mayor shall continue to reside in the city during his or her period of service. (b) The city council shall elect from among its members a mayor pro tempore who shall act as a mayor during the absence or disability of the mayor and, if a vacancy occurs, shall become mayor for the remainder of the expired term.

SECTION 2.27. Powers and duties of mayor.

The mayor shall: (1) Be the executive officer of the city; (2) Preside at all meetings of the city council; (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) Vote at city council meetings when there is a tie vote or when his or her vote provides the fourth affirmative vote required for approval of a matter; (5) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (6) See that all laws and ordinances of the city are faithfully executed; and (7) Perform other duties as may be required by general state law, this charter, or ordinance.

SECTION 2.28. Position of mayor pro tempore.

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

GEORGIA LAWS 2014 SESSION
ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.

3805

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

SECTION 3.11. Boards, commissions, and authorities.

(a) The city council may 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 may provide by ordinance for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold an elective office in the city.

3806

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed 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 such member has executed and filed with the city clerk an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at will and may be removed at any time by a vote of four members of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice 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 city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney. (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 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; shall maintain city council records required by this charter; shall act as the treasurer of the city; and shall perform such other duties as may be required by the city council.

GEORGIA LAWS 2014 SESSION
SECTION 3.14. Personnel policies.

3807

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 Jeffersonville.

SECTION 4.11. Chief judge; associate judge.

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

SECTION 4.12. Convening.

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

SECTION 4.13. Jurisdiction; powers.

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

3808

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days, or both such fine and imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and care taking of prisoners bound over to superior court 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, 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 with 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 Twiggs County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

GEORGIA LAWS 2014 SESSION
SECTION 4.15. Rules for court.

3809

With the approval of the city council, the municipal 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, and upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to such proceedings.

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

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

SECTION 5.11. Voting districts and election of the city council and mayor.

(a) There shall be a municipal general election quadrennially on the Tuesday next following the first Monday in November. (b) There shall be elected the mayor and seven city councilmembers at the election; terms of office shall be for four years. (c) The mayor shall be elected at large by the qualified electors residing within the City of Jeffersonville. (d) The seven city councilmembers shall be elected as follows:
(1) Four councilmembers shall be elected from the qualified electors residing within Voting District 1; each councilmember shall be a resident thereof; the four qualified candidates with the highest vote totals shall be elected; (2) Three councilmembers shall be elected from the qualified electors residing within Voting District 2; each councilmember shall be a resident thereof; the three qualified candidates with the highest vote totals shall be elected; and (3) Each qualified elector shall only vote once for each candidate. (e) For the purpose of electing members of the city council, the City of Jeffersonville is divided into two voting districts based on the following descriptive geographies and census block group geography: Voting District 1 - The southeastern portion of the City of Jeffersonville, as defined in Section 1.11 of this charter, bounded by Magnolia Street running southwest to N. Railroad

3810

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Street. South on N. Railroad Street to Church Street, west on Church Street to Hwy 80, and south on Hwy 80. Extending west on Ridge Avenue to Elmore Drive then running southeast to the city limits. Voting District 1 extends east from these bounds to the city limits. Census Block Groups: 2092, 2101, 2069, 2103, 2109, 2108, 2106, 2094, 2080, 2081, 2093, 2066, 2098, 2097, 2102, 2073, 2076, 2096, 2104, 2099, 2100, 2068, 2061, 2105, 2058, 2084, 2074, 2077, 2095, 2079, 2107, 1097, 2075, 2078, 2114, 1096, 2067 Voting District 2 - The northwestern portion of the City of Jeffersonville, as defined in Section 1.11 of this charter, bounded by Magnolia Street running southwest to N. Railroad Street. South on N. Railroad Street to Church Street, west on Church Street to Hwy 80, and south on Hwy 80. Extending west on Ridge Avenue to Elmore Drive then running southeast to the city limits. Voting District 2 extends northwest from these bounds to the city limits. Census Block Groups: 1073, 2071, 2091, 1090, 1088, 1079, 1092, 1075, 2090, 1080, 1089, 1091, 2086, 1078, 1095, 2072, 1077, 2083, 2085, 1083, 2082, 2088, 2089, 1076, 1074, 1086, 2070, 1094, 2087, 1093, 1082, 1085, 1087, 2042, 2039

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, majority, or minimum percentage.

The persons receiving the 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 12 months of the expiration of the term of such 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.

GEORGIA LAWS 2014 SESSION
SECTION 5.15. Other provisions.

3811

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

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

SECTION 6.13. Regulatory fees; permits.

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

3812

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 shall have 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 inside or 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.

GEORGIA LAWS 2014 SESSION
SECTION 6.17. Construction; other taxes and fees.

3813

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

SECTION 6.18. Collection of delinquent taxes and fees.

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

SECTION 6.19. General obligation bonds.

The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of 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 shall repay such loans not later than December 31 of each year, unless otherwise provided by law.

3814

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.22. Lease-purchase contracts.

The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided that the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts shall 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.

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 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 capital 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.

GEORGIA LAWS 2014 SESSION
SECTION 6.26. Action by city council on budget.

3815

(a) The city council may amend the operating budget proposed by the mayor; provided, however, that the budget as finally amended and adopted shall provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget by a date each fiscal year as enumerated in such ordinance. If the city council fails to adopt the budget by such date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted by the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.

SECTION 6.27. Tax levies.

The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinances shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.

SECTION 6.28. Changes in appropriations.

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

3816

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 mayor shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.23 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than a time set by city 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, that the city 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.

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: (1) It is in writing; (2) It is drawn by or submitted to and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.20 of this charter.

GEORGIA LAWS 2014 SESSION
SECTION 6.32. Centralized purchasing.

3817

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

SECTION 6.33. Sale and lease of city property.

(a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the city 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 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 such cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of such street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase such property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

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.

3818

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 force and effect until amended or repealed by the city council.

SECTION 7.12. Existing personnel and officers.

Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect.

SECTION 7.13. Pending matters.

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

SECTION 7.14. Construction.

(a) Section captions in this charter are informative only and are not to be considered as 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.

GEORGIA LAWS 2014 SESSION

3819

SECTION 7.16. Specific repealer.

An Act incorporating the City of Jeffersonville in the County of Twiggs, approved August 16, 1909 (Ga. L. 1909, p. 977), is hereby repealed in its entirety, and all amendatory acts thereof are likewise repealed in their entirety.

SECTION 7.17. Effective Date.

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

SECTION 7.18. General repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to provide a new charter for the City of Jeffersonville; 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

3820

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

penalties; to provide for definitions and construction; to provide for related matters; to repeal specific Acts; to provide for an effective date; and for other purposes.

s/JAMES A. EPPS Representative James A. Epps District 144

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Epps, who on oath deposes and says that he is the Representative from District 144 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Twiggs Times News Era which is the official organ of Twiggs County on January 30, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JAMES EPPS James Epps Representative, District 144

Sworn to and subscribed before me, this 17th day of February, 2014.

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

Approved April 10, 2014.

__________

CITY OF IRWINTON NEW CHARTER.

No. 398 (House Bill No. 1003).

AN ACT

To provide a new charter for the City of Irwinton; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms,

GEORGIA LAWS 2014 SESSION

3821

method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a chief executive officer, mayor pro tem, city attorney, city clerk, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for ethics and disclosures; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for bonds for officials; to provide for related matters; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.

The city and the inhabitants thereof are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style City of Irwinton, 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 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 which shall be retained permanently in the office of city clerk and shall be designated, as the case may be: "Official map (or description) of the corporate limits of the City of Irwinton, 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 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.

3822

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 the 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) Animal regulations. To regulate and license or to prohibit the keeping of running at-large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder. (b) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city. (c) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, fire safety, electrical, gas, and heating and air conditioning codes; and to regulate all housing, and building trades. (d) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees. (e) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (f) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations. (g) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all

GEORGIA LAWS 2014 SESSION

3823

reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city. (h) Environmental protection. To protect and preserve the nature resources, environment, and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of stormwater and establishment of a stormwater utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment. (i) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to firefighting; and to prescribe penalties and punishment for violations thereof. (j) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges. (k) General health, safety and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards. (l) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose. (m) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (n) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; to provide for the use of pretrial diversion and any alternative sentencing allowed by law; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials. (o) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city. (p) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all 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 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.

3824

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(r) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city. (s) Municipal property protection. To provide for the preservation and protection of property and equipment of the city, and the administration and use of 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, stormwater management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same. (u) Nuisance. To define a nuisance and provide for its abatement whether on public or private property. (v) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia. (w) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community. (x) Police and fire protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and firefighting agency. (y) Public hazards: removal. To provide for the destruction and removal of any building or other structure, which is or may become dangerous or detrimental to the public. (z) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies and facilities; and to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (aa) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances. (bb) Public transportation. To organize and operate such public transportation systems as are deemed beneficial. (cc) Public utilities and services. To grant franchises or 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.

GEORGIA LAWS 2014 SESSION

3825

(dd) Regulation and roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, building, 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 city; and to prescribe penalties and punishment for violation of such ordinances. (ee) Retirement. To provide and maintain a retirement plan and other employee benefit plans and programs for officers and employees of the city. (ff) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so. (gg) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system. (hh) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items. (ii) Special areas of public regulation. To regulate or prohibit junk dealers, the manufacture and sale of intoxicating liquors; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; to license and tax professional 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 city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public

3826

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles. (nn) Urban redevelopment. To organize and operate an urban redevelopment program. (oo) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.14. Exercise of powers.

All powers, functions, right, 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 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

GEORGIA LAWS 2014 SESSION

3827

therein during that member's period of service and to be registered and qualified to vote in municipal elections of the city.

SECTION 2.12. Vacancy; filling of vacancies.

(a) Vacancies. The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Filling of vacancies. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the city council or those members remaining if less than 12 months remains in the unexpired term. If such vacancy occurs 12 months or more prior to the expiration of the term of that office, it shall be filled for the remainder of the unexpired term by a special election, as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., or other such laws as are or may hereafter be enacted. (c) This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember.

SECTION 2.13. Compensation and expenses.

The mayor and council 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;

3828

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which the official is engaged without proper legal authorization; or use such information to advance the financial or other private interest of the official or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to the official's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the official is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which the official has a financial interest. (c) Disclosure. Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that official shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) Use of public property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit or profit but shall use such property only in their capacity as an officer or employee of the city. (e) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (f) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected. No former mayor and no former councilmember shall hold any appointive office in the city until one year after the expiration of the term for which that official was elected. (g) Political activities of certain officers and employees. No appointive officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon

GEORGIA LAWS 2014 SESSION

3829

qualifying for or election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and council either immediately upon election or at any time such conflict may arise. (h) Penalties for violation:
(1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the city who shall forfeit an office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.

SECTION 2.15. Inquiries and investigations.

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

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

(a) Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city. (b) In addition to all other powers conferred upon it by 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 City of Irwinton 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,

3830

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.

SECTION 2.18. Organizational meetings.

The city council shall hold an organizational meeting as prescribed by ordinance. The meeting shall be called to order by the mayor-elect 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, 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 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 Irwinton 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 Irwinton to the best of my ability without fear, favor, affecting, 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 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 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by

GEORGIA LAWS 2014 SESSION

3831

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 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 city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.

SECTION 2.21. Quorum: voting.

(a) Three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) A councilmember shall vote on all motions unless he or she has a conflict of interest preventing him or her from making a decision in a fair and legal manner. If a conflict of interest does exist, the councilmember shall explain for the record his or her decision to abstain on any vote. Unless a councilmember is abstaining due to a conflict of interest, all abstentions shall be counted as affirmative votes.

SECTION 2.22. Ordinance form; procedures.

(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Irwinton" and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, that an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24 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

3832

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

SECTION 2.23. Action requiring an ordinance.

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

SECTION 2.24. Emergencies.

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

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 general except that:
(1) The requirements of subsection (b) of Section 2.22 of this charter for distribution and filling of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and

GEORGIA LAWS 2014 SESSION

3833

(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 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 or 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 Irwinton, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city, and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

SECTION 2.27. Election of mayor; forfeiture; compensation.

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

3834

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.28. Chief executive officer.

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

SECTION 2.29. Powers and duties of mayor.

As the chief executive of the city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Appoint and remove all officers, department heads, and employees of the city, except as otherwise provided by this charter; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (4) Prepare and submit to the city council a recommended operating budget and capital budget; (5) Submit to the city council at least once a year a statement covering the financial conditions of the city, and from time to time, such other information as the city council may request; (6) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient; (7) Call for special meetings of the city council as provided in subsection (b) of Section 2.19 of this charter; (8) Approve or disapprove ordinances as provided in Section 2.30 of this charter; (9) Provide for an annual audit of all accounts of the city; (10) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; and (11) Perform such other duties as may be required by law, this charter, or by ordinance.

SECTION 2.30. 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. 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

GEORGIA LAWS 2014 SESSION

3835

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 city clerk, a written statement of reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting. If the city council then or at its next meeting adopts the ordinance by an affirmative vote of three members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless the mayor vetoes as provided herein. The reduced part or parts shall be presented to city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section.

SECTION 2.31. Mayor pro tem; selections; duties.

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 and shall assume the duties and powers of the mayor upon the mayor's physical or mental disability, suspension from office, or absence. The city council, by a majority vote, shall elect a new presiding officer from among its members for any period in which the mayor pro tem is disabled, absent, or acting as the mayor. Any such absence or disability shall be declared by a majority vote of all councilmembers. When serving as a mayor, the mayor pro tem shall not vote as a member of the council.

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

(a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant all non-elective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of the city. (b) Except as otherwise provided by this charter or by law, the directors of 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.

3836

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(d) There may be a director of each department or agency who shall be its principal officer. Each director shall be subject to the direction and supervision of the appointing authority and shall be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointive officers and directors, under the supervision of the mayor, 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 recommendation of the mayor and approval of city council unless otherwise provided by law or ordinance.

SECTION 3.11. Boards, commissions, and authorities.

(a) The city council may create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function that 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 an elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating himself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at-will and may be removed at any time by a vote of three 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 of 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

GEORGIA LAWS 2014 SESSION

3837

fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the city clerk.

SECTION 3.12. City attorney.

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

3838

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.

(a) There shall be a court to be known as the Municipal Court of the City of Irwinton. (b) 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. (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 city council and shall serve until a successor is appointed and qualified. (d) Compensation of the judges shall be fixed by ordinance. (e) Judges serve at-will and may be removed from office at any time by the city 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 city council journal required in Section 2.20 of this charter.

SECTION 4.11. Convening.

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

SECTION 4.12. Jurisdiction; powers.

(a) The municipal court shall have jurisdiction and authority to try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizance to ensure the presence of those charged with violations before said court, and shall have discretionary

GEORGIA LAWS 2014 SESSION

3839

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 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 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 and 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 with the city.

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 Wilkinson 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 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.

3840

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of general law.

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

SECTION 5.11. Election of the city council and mayor.

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

SECTION 5.12. Nonpartisan elections.

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

SECTION 5.13. Election by majority.

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

SECTION 5.14. Special elections; vacancies.

In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, that, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

GEORGIA LAWS 2014 SESSION
SECTION 5.15. Other provisions.

3841

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

SECTION 5.16. Removal of officers.

(a) The mayor, council members, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished 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 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 Wilkinson County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (2) By an order of the Superior Court of Wilkinson County following a hearing on a complaint seeking such removal brought by any resident of the City of Irwinton.

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.

3842

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 corporation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.

SECTION 6.13. Regulatory fees; permits.

The city council by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity, and if unpaid, shall be collected as provided in Section 6.18 of this charter.

SECTION 6.14. Franchises.

(a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, 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,

GEORGIA LAWS 2014 SESSION

3843

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

SECTION 6.15. Service charges.

The city council by ordinance shall have the power to assess and collect fees, charges, assessments, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.

SECTION 6.16. Special assessments.

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

SECTION 6.17. Construction; other taxes and fees.

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

SECTION 6.18. Collection of delinquent taxes and fees.

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

3844

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.19. General obligation bonds.

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

SECTION 6.20. Revenue bonds.

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

SECTION 6.21. Short-term loans.

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

SECTION 6.22. Lease-purchase contracts.

The city may enter into multi-year lease, purchase, or lease purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the 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.

GEORGIA LAWS 2014 SESSION
SECTION 6.24. Preparation of budgets.

3845

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 thirty 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 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 6.26. 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 by a time each fiscal year as enumerated in said ordinance. 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 by 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

3846

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

SECTION 6.27. Tax levies.

The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinances shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.

SECTION 6.28. Changes in appropriations.

The city council by ordinance may make changes in the appropriations contained in the current operating budget, at any regular 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 mayor shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than a time set by city 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, that the city 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.

GEORGIA LAWS 2014 SESSION
SECTION 6.30. Independent audit.

3847

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 to and reviewed by the city attorney, and as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21 of this charter.

SECTION 6.32. Centralized purchasing.

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

SECTION 6.33. Sale and lease of city property.

(a) The city council may sell and convey, or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the city 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 city has not readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights-of-way of said street, avenue, alley, or public place. Each abutting

3848

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.

The officers and employees of this city, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.

SECTION 7.11. Prior ordinances.

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

SECTION 7.12. Existing personnel and officers.

Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect.

SECTION 7.13. Pending matters.

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

GEORGIA LAWS 2014 SESSION
SECTION 7.14. Construction.

3849

(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. Specific repealer.

An Act incorporating the City of Irwinton in the County of Wilkinson, approved March 28, 1988 (Ga. L. 1988, p. 4341), is hereby repealed in its entirety and all amendatory acts thereof are likewise repealed in their entirety.

SECTION 7.17. Effective date.

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

SECTION 7.18. General repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to provide a new charter for the City of Irwinton; to provide for

3850

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a chief executive officer, mayor pro tem, city attorney, city clerk, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for ethics and disclosures; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for bonds for officials; to provide for related matters; to repeal a specific Act; to provide for an effective date; and for other purposes.

s/ JAMES A. EPPS Representative James A. Epps District 144

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 Wilkinson County Post which is the official organ of Wilkinson County on February 13, 2014, 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 17th day of February, 2014.

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

GEORGIA LAWS 2014 SESSION

Approved April 10, 2014.

__________

3851

CITY OF METTER HOTEL/MOTEL TAX.

No. 399 (House Bill No. 1012).

AN ACT

To authorize the governing authority of the City of Metter 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 Metter is authorized to levy an excise tax at a rate not to exceed 7 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.

SECTION 2. The enactment of this Act is subsequent to the adoption of an ordinance amending certain sections of Title 3, Chapter 16 of the City of Metter Code of Ordinances by the governing authority of the City of Metter on January 21, 2014, 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 ordinance:
(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 Metter or by such other entity authorized to administer and expend the proceeds of

3852

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 2014 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Metter 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.
Butch Parrish District 158
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Butch Parrish, who on oath deposes and says that he is the Representative from District 158 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Metter Advertiser which is the official organ of Candler County on February 12, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BUTCH PARRISH Butch Parrish Representative, District 158
Sworn to and subscribed before me, this 17th day of February, 2014.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 [SEAL]

GEORGIA LAWS 2014 SESSION

Approved April 10, 2014.

__________

3853

CITY OF CONCORD MAYOR AND COUNCIL; FOUR YEAR TERMS; REMOVE ANNUAL MILLAGE RATE CAP.

No. 400 (House Bill No. 1015).

AN ACT

To amend an Act creating a new charter for the City of Concord, Georgia, approved March 28, 1984 (Ga. L. 1984, p. 4793), so as to increase the term of office of the mayor and city councilmembers; to remove the cap on the annual millage rate; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a new charter for the City of Concord, Georgia, approved March 28, 1984 (Ga. L. 1984, p. 4793), is amended by revising Section 2.11 as follows:

"SECTION 2.11. Mayor and 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 he or she meets the requirements of a qualified elector for members of the General Assembly as prescribed by state law, has been a resident of the city for three months prior to the date of qualifying for the office of mayor or members of the city council, and has no debts outstanding against him or her in favor of the city. The mayor and each councilmember shall continue to reside within the city limits during their respective terms of service and shall be registered and qualified to vote in municipal elections of this city."

SECTION 2. Said Act is further amended by revising Section 6.11 as follows:

3854

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"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 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 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 2014 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Concord, Georgia, approved March 28, 1984 (Ga. L. 1984, p. 4793); and for other purposes.
Representative J. Caldwell District 131
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 Pike County Journal and Reporter which is the official organ of Pike County on February 12, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JOHNNIE CALDWELL Johnnie Caldwell Representative, District 131

GEORGIA LAWS 2014 SESSION
Sworn to and subscribed before me, this 18th day of February, 2014.

3855

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

Approved April 10, 2014.

__________

CITY OF FAIRBURN REDEVELOPMENT POWERS; REFERENDUM.

No. 401 (House Bill No. 1016).

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 for automatic repeal 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. 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

3856

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
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill 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 fo the O.C.G.A., "the Redevelopment Powers Law," as amended; and for other purposes.

GEORGIA LAWS 2014 SESSION GEORGIA, FULTON COUNTY

3857

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 7, 2014, 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 17th day of February, 2014.

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

Approved April 10, 2014.

__________

CITY OF FAIRBURN HOTEL/MOTEL TAX.

No. 402 (House Bill No. 1017).

AN ACT

To authorize the governing authority of the City of Fairburn 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 Fairburn is authorized to levy an excise tax at a rate not

3858

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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. 2014-01 of the governing authority of the City of Fairburn on January 27, 2014, 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 Fairburn:
(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 Fairburn; provided, however, that the City of Fairburn 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 (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 2014 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Fairburn to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide for procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2014 SESSION GEORGIA, FULTON COUNTY

3859

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 7, 2014, 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 17th day of February, 2014.

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

Approved April 10, 2014.

__________

HART COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION.

No. 403 (House Bill No. 1018).

AN ACT

To create a board of elections and registration for Hart 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.

3860

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 21-2-40 of the O.C.G.A., there is created the Board of Elections and Registration of Hart County, hereinafter referred to as "the board." The board shall have the powers, duties, and responsibilities of the superintendent of elections of Hart 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 Hart County, and the powers, duties, and responsibilities of the Board of Registrars of Hart County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

SECTION 2. The terms "election," "elector," "political party," "primary," and "public office" shall have the same meanings as set forth in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," unless otherwise clearly apparent from the text of this Act; and the term "commissioners" means the Board of Commissioners of Hart County, "county" means Hart County, and "superior court" means the Superior Court of Hart 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 commissioners for approval at a regular or called meeting of the commissioners. Should the 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 upon recommendation of the Hart County grand jury. (d) The initial appointments to the board shall be made at least 30 days prior to January 1, 2015. 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, 2015.

GEORGIA LAWS 2014 SESSION

3861

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.

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 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

3862

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 the 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 the 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, 2014. On January 1, 2015, the superintendent of elections and the board of registrars shall be relieved of all powers and duties to which the

GEORGIA LAWS 2014 SESSION

3863

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 Hart County shall stand abolished. All elections conducted during 2014 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 2014 session of the General Assembly of Georgia a bill to create a board of elections and registration for Hart 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; 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 Hartwell Sun which is the official organ of Hart County on January 30, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ALAN POWELL Alan Powell Representative, District 32

3864

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 18th day of February, 2014.

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

Approved April 10, 2014.

__________

CITY OF HARTWELL HOTEL/MOTEL TAX.

No. 404 (House Bill No. 1019).

AN ACT

To authorize the governing authority of the City of Hartwell 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 Hartwell 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. 2013-12-02 of the governing authority of the City of Hartwell on December 2, 2013, which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.

SECTION 3.

GEORGIA LAWS 2014 SESSION

3865

In accordance with the terms of such resolution adopted by the mayor and council of the City of Hartwell:
(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 Hartwell; 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 2014 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Hartwell to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; and for other purposes.
David Aldrich City Manager
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Alan Powell, who on oath deposes and says that he is the Representative from District 32 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Hartwell Sun which is the official organ of Hart County on February 6, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ALAN POWELL Alan Powell Representative, District 32

3866

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 18th day of February, 2014.

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

Approved April 10, 2014.

__________

CITY OF OAK PARK NEW CHARTER.

No. 405 (House Bill No. 1022).

AN ACT

To provide for a new charter for the City of Oak Park; to provide for reincorporation and a name; to provide for 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 council; to provide for council member's terms and qualifications for office; to provide procedures for elections, vacancies in office, and filling of vacancies; provide for compensation and expenses; to provide for a code of ethics; to provide for inquiries and investigations; to provide general powers and authority of the city council; to provide for eminent domain; to provide for organizational meetings; to provide for regular, special, and emergency meetings; to provide for action requiring an ordinance; to provide for signing and recording and to provide for codification of ordinances, and availability of laws; to provide for a city manager and appointment and qualifications; to prohibit commission interference with administration; to provide for the powers and duties of the mayor; to provide for submission of ordinances to the mayor; to provide for veto power of the mayor; to provide for a mayor pro tempore; 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 attorney; to provide for a city clerk; to provide for a city accountant; 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 elections of city officers by majority vote; to provide for special elections; to provide for nonpartisan elections; to provide for removal of officers; 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 and special

GEORGIA LAWS 2014 SESSION

3867

assessments; 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 lease-purchase contracts; to provide for a fiscal year; to provide for accounting and budgeting; to provide for a budget ordinance and submission of the budget to the council; to provide for adoption of the budget; to provide for the levy of taxes; to provide for changes in the budget; to provide for audits; to provide for procurement and property management; to provide for sale 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 existing personnel and officers of the city; to provide for charter language on other general matters; to provide for definitions and construction; to provide for a specific repealer; 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:

ARTICLE I. INCORPORATION AND POWERS
SECTION 1.10. Name.

The City of Oak Park, in Emanuel County, Georgia, is reincorporated by the enactment of this charter and is hereby constituted and declared a body politic and corporate under the name "City of Oak Park" and by that name shall have perpetual succession. References in this charter to "the city" or "this city" refer to the City of Oak Park, Georgia.

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 Oak Park, 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 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.

3868

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1.12. Powers and construction.

(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law; specifically, but not limited to the following powers:
(1) To levy and collect taxes and fees; (2) To manage city property and finances; (3) To regulate local commerce; (4) To regulate animals and criminal activities and nuisances; (5) To regulate construction and buildings; (6) To implement environmental and waste controls; (7) To provide and regulate public services and utilities; (8) To regulate transportation and streets; and (9) To provide penalties for violations of ordinances and laws and resolutions. (b) This city shall exercise and enjoy all 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 express and implied powers necessary or desirable to carry into execution all powers granted by law or 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. (c) 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. 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.

GEORGIA LAWS 2014 SESSION
ARTICLE II. GOVERNMENT STRUCTURE
SECTION 2.10. Council creation; number, election.

3869

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 council members. The 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. 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 council members shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless that person shall have been a resident of the city for 12 months prior to the date of election of mayor or council members; 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 council member unless that person continues to reside in the corporate limits of the city during that person's period of service. (c) On the Tuesday following the first Monday in November, 2014, and every four years thereafter, the mayor and the successors to the council members 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. (d) On the Tuesday following the first Monday in November, 2014, the successors to the council members 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, 2016, successors to such council members 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. (e) Thereafter, on the Tuesday following the first Monday in November of the last year of the terms of the mayor and each of the council members, 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

3870

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

her successor is elected and qualified and shall take office on the first day of January immediately following his or her election.

SECTION 2.12. Vacancy; filling of vacancies.

(a) The office of mayor or of a council member shall become vacant upon the incumbent's death, resignation, forfeiture of office, or occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (b) A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, by appointment by the council or those members remaining if less than 12 months remain in the unexpired term. If such vacancy occurs 12 months or more prior to the expiration of the term of that office, it shall be filled 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 Official Code of Georgia Annotated, or such other laws as are or may hereafter be enacted. (c) This section shall also apply to a temporary vacancy created by the suspension from office of the mayor or any council member.

SECTION 2.13. Mayor and council; compensation and expenses.

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

SECTION 2.14. Ethics.

The city council by ordinance shall adopt a code of ethics in accordance with applicable law.

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.

GEORGIA LAWS 2014 SESSION
SECTION 2.16. General power and authority of the council.

3871

(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 Oak Park 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 systems, 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 any newly elected members by a judicial officer authorized to administer oaths and such oath 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) (council member) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. 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

3872

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

of Oak Park 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 Oak Park to the best of my ability without fear, favor, affection, reward, or expectation thereof."

SECTION 2.19. Regular, special, and emergency meetings.

The council shall hold regular meetings and special meetings at such times and places as prescribed by ordinance. 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.

SECTION 2.20. Action requiring an ordinance.

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

SECTION 2.21. 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 Oak Park, 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. (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.

GEORGIA LAWS 2014 SESSION
SECTION 2.22. City employees.

3873

(a) The city council may appoint a city manager to act as city administrator, and require of him or her such bond as necessary and to fix such compensation as may be just and proper, if the council determines that such officer is necessary for the proper administration of the city. (b) The council shall appoint other city employees and prescribe their duties, and require of them such bonds as may be necessary, and to fix such compensation as may be just and proper.

SECTION 2.23. 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 administrator solely through the city administrator, and neither the council nor its members shall give orders to any such officer or employee, either publicly or privately.

SECTION 2.24. 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; (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) Act as city administrator, unless a city manager is appointed; and (6) Vote to create or break a tie within the city council, except in the instance of a veto override.

SECTION 2.25. 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.

3874

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(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 a three-fifths vote, 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 2.26. 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 council member 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 council member.

SECTION 2.27. 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 council members chosen by a majority vote of the council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all council members. The mayor pro tempore or selected council member shall sign all contracts and ordinances in which the mayor has a disqualifying interest. When acting as mayor, the mayor pro tempore shall continue to have only one vote as a council member.

GEORGIA LAWS 2014 SESSION
ARTICLE III. ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.

3875

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 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.

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, 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 council members 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

3876

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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.

SECTION 3.13. City clerk.

The council shall appoint a city clerk who shall not be a council member. The city clerk shall be custodian of the official city seal and city records; maintain 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. Personnel policies.

(a) All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance. (b) The city council by ordinance shall adopt such personnel and administration policies as deemed necessary for the proper administration of the affairs and government of this city.

GEORGIA LAWS 2014 SESSION
ARTICLE IV. JUDICIAL BRANCH
SECTION 4.10. Creation; name.

3877

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

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 in good standing 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.

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.

3878

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(e) The municipal court shall have authority to establish bail and recognizance 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. (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 Emanuel 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 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.

GEORGIA LAWS 2014 SESSION
ARTICLE V. ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of general law.

3879

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

SECTION 5.11. Council posts.

(a) As there are five council members, each council member shall have a designated post number. (b) These post numbers shall be for electoral identification only, and shall serve no other purpose.

SECTION 5.12. Council members.

As there are no districts or wards identified within the city, the council members shall be elected at-large by the voters of the entire city.

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 council member 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 Official Code of Georgia Annotated, the "Georgia Election Code," as now or hereafter amended.

3880

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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.

SECTION 5.16. Election by majority vote.

The mayor and council members 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 by ordinance shall prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," as now or hereafter amended.

SECTION 5.18. Removal of officers.

(a) The mayor, council members, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished 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 Emanuel 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 Emanuel County following a hearing on a complaint seeking such removal brought by any resident of the City of Oak Park.

GEORGIA LAWS 2014 SESSION
ARTICLE VI. FINANCE
SECTION 6.10. Property tax.

3881

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.

3882

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 or resolution 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.

GEORGIA LAWS 2014 SESSION
SECTION 6.17. Construction; other taxes.

3883

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 or resolution, 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, unless otherwise prohibited by law.

3884

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.22. Lease-purchase contracts.

The city may enter into multi-year lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies provided 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 Official Code of Georgia Annotated 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 administrator 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 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, 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.

GEORGIA LAWS 2014 SESSION
SECTION 6.26. Action by council on budget.

3885

(a) The 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 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.

3886

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.29. Independent audit.

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

SECTION 6.30. 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 administrator and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the 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 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.

GEORGIA LAWS 2014 SESSION
SECTION 7.11. Prior ordinances.

3887

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 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 Town of Oak Park, Georgia, in the County of Emanuel, approved July 18, 1929 (Ga. L.1929, p. 1241), as amended, 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, 2014.

3888

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 7.17. General repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to provide for a new charter for the Town of Oak Park; and for other purposes.
Representative Larry J. (Butch) Parrish District 158 State Capitol Atlanta, GA 30334
Jerry N. Cadle, P.C. Attorney at Law P.O. Box 68 Swainsboro, GA 30401
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Butch Parrish, who on oath deposes and says that he is the Representative from District 158 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Forest-Blade which is the official organ of Emanuel County on January 22, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BUTCH PARRISH Butch Parrish Representative, District 158
Sworn to and subscribed before me, this 18th day of February, 2014.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia

GEORGIA LAWS 2014 SESSION
My Commission Expires January 23, 2015 [SEAL]

3889

Approved April 10, 2014.

__________

MACON WATER AUTHORITY REDISTRICTING.

No. 406 (House Bill No. 1024).

AN ACT

To amend an Act known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, so as to change the description of the electoral districts; to provide for the continuation in office of current members; 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 Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, is amended by revising paragraph (2) of subsection (b) of Section 2 as follows:
"(2) For the purpose of electing members of the authority, Macon-Bibb County is divided into five electoral districts as follows:
(A) Districts 1 through 4 shall be and correspond to those numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: MWA-p1-2014 Plan Type: Local Administrator: S026 User: Gina'; and (B) District 5 shall consist of all of Macon-Bibb County."

SECTION 2. (a) Those elected members of the Macon Water Authority 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, and 5, as they exist immediately prior to the effective date of this Act, shall continue to be designated as 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 districts shall be deemed to be serving from and representing their respective districts as newly described under this Act.

3890

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

Plan: MWA-p1-2014 Plan Type: Local Administrator: S026 User: Gina

District 001 Bibb County VTD: 021EM1 - EAST MACON 1 VTD: 021EM2 - EAST MACON 2 VTD: 021EM3 - EAST MACON 3 VTD: 021EM5 - EAST MACON 5 VTD: 021EM6 - EAST MACON 6 VTD: 021GF1 - GODFREY 1 VTD: 021GF2 - GODFREY 2 VTD: 021GF4 - GODFREY 4 VTD: 021GF6 - GODFREY 6 012600: 2000 2001 2002 2003 2004 2005 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2020 2021 2022 2023 2024 2025 2026 2027 2029 2030 2031 2032 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3028 3029 3030 3031 3032 3033 3035 3036 3037 3042 3043 3044 3045 3046 3047 3049 012700: 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 2008 2009 2011 2012 VTD: 021RU2 - RUTLAND 2

District 002 Bibb County VTD: 021EM4 - EAST MACON 4 VTD: 021GF3 - GODFREY 3 VTD: 021GF5 - GODFREY 5 VTD: 021GF6 - GODFREY 6 012500: 3020 3021 3022 3023

GEORGIA LAWS 2014 SESSION
012600: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1028 2028 3027 3034 3038 3039 3040 3041 3048 3050 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 013202: 2010 2011 VTD: 021HA5 - HAZZARD 5 VTD: 021VV1 - VINEVILLE 1 VTD: 021VV2 - VINEVILLE 2 VTD: 021VV3 - VINEVILLE 3 VTD: 021VV4 - VINEVILLE 4 VTD: 021VV5 - VINEVILLE 5 VTD: 021VV7 - VINEVILLE 7 VTD: 021VV8 - VINEVILLE 8
District 003 Bibb County VTD: 021HA2 - HAZZARD 2 VTD: 021HA3 - HAZZARD 3 013201: 2000 2001 2002 2003 2005 2006 2008 2009 2011 2020 2021 2022 2028 2030 2031 2032 2034 2055 013410: 2022 2027 013605: 1005 1006 1007 1008 1010 1011 VTD: 021HO1 - HOWARD 1 VTD: 021HO2 - HOWARD 2 VTD: 021HO3 - HOWARD 3 VTD: 021HO4 - HOWARD 4 VTD: 021HO5 - HOWARD 5 VTD: 021HO6 - HOWARD 6 VTD: 021HO7 - HOWARD 7 VTD: 021HO8 - HOWARD 8 VTD: 021HO9 - HOWARD 9 VTD: 021VV6 - VINEVILLE 6

3891

3892

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

District 004 Bibb County VTD: 021GF7 - GODFREY 7 VTD: 021HA1 - HAZZARD 1 VTD: 021HA3 - HAZZARD 3 013101: 1069 1070 013201: 2007 2010 2023 2024 2025 2026 2027 2029 2052 2053 2054 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4023 4024 4025 4032 4041 4042 4043 013603: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 013604: 2000 2001 2019 2020 2028 2029 2030 3000 3001 3002 3005 013606: 1010 1011 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4019 VTD: 021HA4 - HAZZARD 4 VTD: 021HA6 - HAZZARD 6 VTD: 021HA7 - HAZZARD 7 VTD: 021RU1 - RUTLAND 1 VTD: 021WA1 - WARRIOR 1 VTD: 021WA2 - WARRIOR 2

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to amend an Act known as "Macon-Bibb County Water and Sewage Authority Act," approved March 2, 1966 (Ga. L. 1966, P. 2737), as amended, particularly by an Act approved February 14, 2013 (Ga. L. 2013, p. 3505), and for other purposes.

GEORGIA LAWS 2014 SESSION This 11th of February, 2014

3893

Lonzy F. Edwards Attorney for the Macon Water Authority

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 15, 2014, 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 17th day of February, 2014.

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

Approved April 10, 2014.

__________

COBB COUNTY BOARD OF COMMISSIONERS; REDISTRICTING; MANNER OF ELECTION; TERMS OF OFFICE.

No. 407 (House Bill No. 1028).

AN ACT

To amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3808), so as to change the description of the commissioner districts;

3894

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to 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 Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3808), is amended by striking Sections 1 through 4 and inserting in lieu thereof the following:

"SECTION 1. The Board of Commissioners of Cobb County which exists on January 1, 2014, is continued in existence but on and after such date shall be constituted as provided in this Act. The Board of Commissioners of Cobb 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.

SECTION 2. (a) Those members of the Board of Commissioners of Cobb County who are serving as such on immediately prior to January 1, 2014, 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, 2017, the Board of Commissioners of Cobb County shall consist of five members all of whom shall be elected from commissioner districts described in subsection (b) of this section except for the member who is chairperson and who is elected at large as provided in Section 3. (b) For purposes of electing members of the board of commissioners, other than the chairperson, Cobb County is divided into four commissioner districts. One member of the board shall be elected from each such district. The four commissioner districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: cobbcc-hd035-p0-2014 Plan Type: local Administrator: hd035 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

GEORGIA LAWS 2014 SESSION

3895

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 Cobb 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 Cobb 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 3. (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law applicable to that office. (b) In order to be elected as a member of the board from a commissioner district, 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 commissioner district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected or appointed as a member of the board from a commissioner district must continue to reside in that district during that person's term of office or that office shall become vacant. (c) The member of the board who is chairperson of the board may reside anywhere within Cobb County and, if elected, must receive the number of votes cast for that office as required by general law in the entire county. The chairperson must continue to reside within the county during that person's term of office or that office shall become vacant.

SECTION 4. (a) The first members of the reconstituted Board of Commissioners of Cobb County shall be elected as provided in this subsection. The chairperson and the first members from Commissioner Districts 2 and 4 shall be elected at the general election on the Tuesday next following the first Monday in November, 2016. The first members from Commissioner Districts 1 and 3 shall be elected at the general election on the Tuesday next following the first Monday in November, 2018. 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

3896

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (b) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' (c) Commissioner Districts 1 through 4, as they exist immediately prior to January 1, 2017, shall continue to be designated as Commissioner Districts 1 through 4, respectively, but as newly described under this Act, and on and after January 1, 2017, 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."

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

Plan: cobbcc-hd035-p0-2014 Plan Type:local Administrator: hd035 User: bak

District 001 Cobb County VTD: 067AC1A - ACWORTH 1A VTD: 067AC1B - ACWORTH 1B VTD: 067AC1C - ACWORTH 1C VTD: 067BG01 - BIG SHANTY 01 030230: 2023 VTD: 067BK01 - BAKER 01 030106: 1001 1002 1004 1005 1012 1014 1016 1020 2001 2004 2008 2010 2011 030107: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2013 2015 2016 030226: 1002 1003 1004 1005 1006 1007 1008 1009 1011 1012 1019 1022 1023 1029 2000 2001 2003 2005 2006 2011 2014 2015 030227: 1001 VTD: 067CH02 - CHEATHAM HILL 02 VTD: 067CH03 - CHEATHAM HILL 03

GEORGIA LAWS 2014 SESSION
VTD: 067DL01 - DOWELL 01 VTD: 067DU01 - DURHAM 01 VTD: 067FO01 - FAIR OAKS 01 031002: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 3017 VTD: 067FO02 - FAIR OAKS 02 031002: 3018 VTD: 067FO03 - FAIR OAKS 03 031002: 3013 3015 3016 VTD: 067FO04 - FAIR OAKS 04 031002: 1007 1008 1009 1010 1011 1014 1015 1016 1017 1018 1019 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1039 3001 3002 3004 3005 3006 3007 3010 3011 3019 VTD: 067FO06 - FAIR OAKS 06 030901: 1009 2002 2012 2014 2017 4015 4021 5001 5003 5005 5006 5017 5021 5022 5024 5025 5026 5031 5032 5033 5036 5037 5038 5040 030904: 1010 1012 1013 1014 1015 1018 1020 1022 2003 2005 2009 2012 2014 2015 2020 2023 2024 2025 2026 2027 2028 2030 3005 3006 3012 3013 3015 3016 3017 3018 3019 4007 4009 4011 4012 030905: 1000 1001 1006 2000 2001 031002: 3000 4000 4002 4004 4010 4011 VTD: 067FR01 - FORD 01 VTD: 067FY01 - FREY 01 VTD: 067HR01 - HARRISON 01 VTD: 067HY01 - HAYES 01 VTD: 067KE2A - KENNESAW 2A 030227: 3037 3044 030229: 1033 1035 030230: 1001 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1020

3897

3898

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

1021 1022 1023 1024 1025 1039 1057 1058 1059 1060 1062 1063 1065 1066 1067 1068 1069 1079 1082 1098 2019 2025 2027 VTD: 067KE2B - KENNESAW 2B VTD: 067KE3A - KENNESAW 3A 030226: 1013 1014 1015 1016 1017 1020 1021 1024 1025 1026 1030 1040 1043 030227: 1000 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 2000 2001 2008 2025 2026 2027 2028 3026 3027 VTD: 067KE4A - KENNESAW 4A VTD: 067KE5A - KENNESAW 5A VTD: 067KE5B - KENNESAW 5B VTD: 067KP01 - KEMP 01 VTD: 067KP02 - KEMP 02 VTD: 067KP03 - KEMP 03 VTD: 067LM01 - LOST MOUNTAIN 01 VTD: 067LM02 - LOST MOUNTAIN 02 VTD: 067LM03 - LOST MOUNTAIN 03 VTD: 067LM04 - LOST MOUNTAIN 04 VTD: 067LW01 - LEWIS 01 VTD: 067ML01 - MCCLURE 01 VTD: 067MR2A - MARIETTA 2A VTD: 067MR2B - MARIETTA 2B VTD: 067MR2C - MARIETTA 2C VTD: 067MR3A - MARIETTA 3A 030904: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1011 1016 1017 1019 1021 2000 2001 2002 2004 2006 2007 2008 2010 2011 2013 2016 2017 2018 2019 2021 2022 2029 031002: 4005 4006 VTD: 067MR4B - MARIETTA 4B 030230: 1080 2037 2038 2044 2045 2046 2047 2048 2049 2050 2055 2056 2057 2059 2063 2064 2065 2069 2071 2072 2073 030602: 1019 1028 1030 1044 1045 1046

GEORGIA LAWS 2014 SESSION
VTD: 067MR4C - MARIETTA 4C 030602: 1024 1026 1034 1035 1036 1037 1038 1042 VTD: 067MR4E - MARIETTA 4E 030602: 1002 1003 1005 VTD: 067MS01 - MARS HILL 01 VTD: 067MS02 - MARS HILL 02 VTD: 067NC01 - NORTH COBB 01 VTD: 067OR01 - OREGON 01 VTD: 067OR03 - OREGON 03 VTD: 067OR05 - OREGON 05 VTD: 067PM01 - PINE MOUNTAIN 01 VTD: 067PM02 - PINE MOUNTAIN 02 VTD: 067RR01 - RED ROCK 01 VTD: 067VA01 - VAUGHAN 01
District 002 Cobb County VTD: 067BY01 - BRUMBY 01 VTD: 067CA01 - CHATTAHOOCHEE 01 VTD: 067CR01 - CHESTNUT RIDGE VTD: 067DC01 - DICKERSON 01 VTD: 067DI01 - DOBBINS 01 030339: 1003 030344: 2004 2005 2008 2012 2013 2014 2017 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 030345: 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1018 1022 1023 1024 1025 1035 1037 1042 1046 1047 1048 1049 1050 1051 1053 1054 1055 1056 1057 1058 1059 1061 1066 030413: 1017 1018 031114: 2002 2005 031207: 1000 031208: 1001 1002 1015 1023

3899

3900

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 067DO01 - DODGEN 01 VTD: 067EA01 - EASTSIDE 01 VTD: 067EL06 - ELIZABETH 06 VTD: 067EV01 - EAST VALLEY 01 VTD: 067FP01 - FULLERS PARK 01 VTD: 067HT01 - HIGHTOWER 01 VTD: 067MA04 - MABLETON 04 031307: 3005 VTD: 067MD01 - MURDOCK 01 VTD: 067MR1A - MARIETTA 1A 030344: 2006 2015 2016 2018 2019 2032 2033 030345: 1007 1015 1016 1017 1019 1021 1043 1044 1045 030405: 1033 1035 1036 1038 1039 1040 1041 1042 1043 1048 1049 1050 1051 1052 1054 1055 1056 1057 1058 1059 1060 2010 2013 2014 2015 2016 2017 2018 2019 2027 2028 2033 2035 3006 3007 3008 3010 3017 3018 3019 3020 3024 3025 3028 3031 3033 3034 3037 3038 3039 3044 3047 3048 030413: 1000 1001 1003 1004 1005 1006 1009 1010 1015 2000 2001 2002 2003 2005 2007 2016 3001 3008 3009 3010 3011 3031 031114: 2000 2001 2009 VTD: 067MR6A - MARIETTA 6A 030405: 1000 1001 1003 1004 1005 1006 1007 1008 1009 1013 1014 1022 1023 1024 1027 1029 1030 1037 1053 4000 4047 030407: 2001 2003 2010 VTD: 067MR6C - MARIETTA 6C 030410: 1010 1012 1014 1015 1016 1023 1025 1026 2017 2018 2019 2020 2023 2024 2025 2026 2027 2028 2029 2030 2031 VTD: 067MT01 - MT BETHEL 01 VTD: 067MT02 - MT BETHEL 02 VTD: 067MT03 - MT BETHEL 03 VTD: 067MT04 - MT BETHEL 04 VTD: 067NJ01 - NICKAJACK 01

GEORGIA LAWS 2014 SESSION
VTD: 067NP01 - NORTON PARK 01 031118: 1002 1008 1009 VTD: 067OK01 - OAKDALE 01 VTD: 067PF01 - POWERS FERRY 01 030405: 1002 1010 1011 1012 1015 1016 1017 1018 1019 1020 1021 1025 1026 1028 1031 1032 1034 1044 1045 1046 1047 1061 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2011 2022 2023 030407: 2000 2002 2004 2005 2006 2007 2008 2009 2011 2012 2019 2020 2022 2023 2024 2025 2026 2027 VTD: 067PP01 - POPE 01 030328: 1000 1001 1002 1003 1004 1005 1007 1011 1012 1013 1014 1015 VTD: 067RW01 - ROSWELL 01 VTD: 067RW02 - ROSWELL 02 VTD: 067SF01 - SHALLOWFORD FALLS VTD: 067SM01 - SEWELL MILL 01 VTD: 067SM03 - SEWELL MILL 03 030409: 1007 1008 1009 1010 1014 1015 1016 1017 1018 1019 1020 1025 1026 1027 1028 030410: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2021 2022 VTD: 067SM04 - SEWELL MILL 04 VTD: 067SM05 - SEWELL MILL 05 VTD: 067SN1A - SMYRNA 1A VTD: 067SN2A - SMYRNA 2A VTD: 067SN2B - SMYRNA 2B 031114: 1000 2003 2004 2006 2007 2008 2010 2011 2012 2013 2014 2015 2016 2017 2018 VTD: 067SN4A - SMYRNA 4A VTD: 067SN6A - SMYRNA 6A VTD: 067SN7A - SMYRNA 7A 031117: 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024

3901

3902

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

031118: 2012 2013 2014 2015 2016 2017 2018 2020 2021 2022 2023 2031 031307: 3000 3006 VTD: 067SN7B - SMYRNA 7B 031118: 2008 2009 2010 2025 2026 031206: 1022 1023 1030 1031 1032 1033 1034 1035 1039 1041 1042 1043 1045 1051 1053 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 031313: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1017 1018 1019 1021 1022 1023 1034 VTD: 067SN7C - SMYRNA 7C 031117: 2002 2003 2004 2005 2006 2007 031118: 1025 1026 1028 1029 1032 1033 1034 3017 3018 VTD: 067SO01 - SOPE CREEK 01 VTD: 067SO02 - SOPE CREEK 02 VTD: 067SO03 - SOPE CREEK 03 VTD: 067SP01 - SEDALIA PARK 01 VTD: 067TM01 - TERRELL MILL 01 VTD: 067TR01 - TIMBER RIDGE 01 VTD: 067TS01 - TEASLEY 01 VTD: 067TT01 - TRITT 01 VTD: 067VG01 - VININGS 01 VTD: 067VG02 - VININGS 02 VTD: 067VG03 - VININGS 03 VTD: 067VG04 - VININGS 04 VTD: 067WL01 - WILLEO 01

District 003 Cobb County VTD: 067AD01 - ADDISON 01 VTD: 067BF01 - BELLS FERRY 01

GEORGIA LAWS 2014 SESSION
VTD: 067BF02 - BELLS FERRY 02 VTD: 067BF03 - BELLS FERRY 03 VTD: 067BG01 - BIG SHANTY 01 030227: 3006 3018 3019 3020 3021 3022 3023 3052 3054 3057 3060 3062 3063 3064 3065 3067 3068 030228: 1007 1008 2026 2027 2040 030229: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1012 1015 1016 1018 1019 1020 1022 1023 1024 1025 1026 1027 1028 1029 1030 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1050 1051 1053 2000 2001 2002 2003 2004 2005 2007 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2024 2025 2027 2043 2044 2045 2046 2047 2048 2049 2050 2060 2065 2066 2067 2068 2072 2074 2075 2076 2077 2078 2079 2084 2092 2093 030230: 1041 1044 1050 1051 1052 1053 1054 1055 1056 1070 1071 1072 1073 1074 1075 1076 1086 1091 1092 1093 2000 2003 2004 2005 2015 2017 2021 2022 2029 030601: 1034 1035 3000 3001 3002 3003 3004 3005 3006 3010 3012 3089 VTD: 067BG02 - BIG SHANTY 02 VTD: 067BK01 - BAKER 01 030107: 1010 030226: 1000 VTD: 067BW01 - BLACKWELL 01 VTD: 067CK01 - CHALKER 01 VTD: 067CK02 - CHALKER 02 VTD: 067DI01 - DOBBINS 01 030412: 2007 2009 2011 2012 3001 3002 3004 3007 3008 3009 3011 3012 3013 3015 3016 3017 3018 3019 030414: 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1027 1029 1030 2005 2009 2017 2018 2020 2021 2022 2027 2029 2030 2031 2032 2058 2059 2060 2061 2062 2063

3903

3904

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

030800: 2045 2046 2049 2057 3041 3043 3044 3046 3047 3048 3049 3052 031001: 2001 2002 2003 2005 2006 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2057 2058 2059 2060 2061 2062 2063 2064 2065 2077 2078 2087 2089 2098 2099 2100 2101 031108: 1000 1001 1004 1012 1013 031113: 1005 1015 1016 VTD: 067DV01 - DAVIS 01 VTD: 067EC01 - EAST COBB 01 VTD: 067EL01 - ELIZABETH 01 VTD: 067EL02 - ELIZABETH 02 VTD: 067EL03 - ELIZABETH 03 VTD: 067EL04 - ELIZABETH 04 VTD: 067EL05 - ELIZABETH 05 VTD: 067EP01 - EAST PIEDMONT 01 VTD: 067FO05 - FAIR OAKS 05 VTD: 067FO06 - FAIR OAKS 06 030800: 3040 3045 030902: 1035 1036 1037 2000 2001 2002 2004 2005 2006 2008 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2030 2031 2032 2035 2037 2038 031002: 1000 1001 1002 1003 1004 1005 1006 1012 1013 VTD: 067GM01 - GARRISON MILL 01 VTD: 067GT01 - GRITTERS 01 VTD: 067KE1A - KENNESAW 1A VTD: 067KE2A - KENNESAW 2A 030229: 1031 1032 1036 1048 1049 1052 030230: 1040 1042 1043 1045 1046 1047 1048 1049 1083 1085 2001 2002 2006 2007 2008 2009 2010 2011 2012 2013 2016 2018 2020

GEORGIA LAWS 2014 SESSION
VTD: 067KE3A - KENNESAW 3A 030223: 1015 2002 2003 2004 2007 2010 030226: 1027 1028 1031 1035 1036 1039 030229: 2031 2032 VTD: 067KL01 - KELL 01 VTD: 067KY01 - KEHELEY 01 VTD: 067LA01 - LASSITER 01 VTD: 067MB01 - MABRY 01 VTD: 067MK01 - MCCLESKEY 01 VTD: 067MR1A - MARIETTA 1A 030414: 1000 1001 1002 1025 1026 1028 2000 2001 2002 2003 2004 2008 2011 2012 2023 2033 2034 2038 2039 2045 2050 2051 2052 2053 2054 2055 2056 2057 2065 030800: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1027 1028 1029 1030 1031 1032 1033 1034 2020 2021 2023 2026 2032 2033 2034 2035 2039 2040 2041 2042 2043 2044 2047 2048 2050 2051 2052 2053 2054 3000 3001 3011 3012 3018 3019 3023 3025 3028 3029 3030 3042 3050 3051 031001: 2000 2004 2007 2026 2079 2080 2083 2084 2085 2086 2088 2090 2091 2092 2093 2094 2095 2096 2097 031113: 1000 1001 1002 1003 1004 1006 1007 1008 1009 1010 1011 1012 1013 1014 VTD: 067MR3A - MARIETTA 3A 030602: 3056 3057 4003 4004 4005 4006 4008 4009 4016 4017 4018 4019 4020 4021 4023 4024 4025 4026 4027 4028 030800: 3017 3031 3032 3033 3037 3038 3039 3053 030902: 1005 1006 1009 1010 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 2003 2007 2009 2010 2011 2012 2033 2036 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 4001 4002 4003 4004 4005

3905

3906

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

4006 4008 4009 4010 4011 4012 VTD: 067MR4B - MARIETTA 4B 030506: 1124 1130 1133 030601: 1018 1020 1021 1022 1023 1024 1025 1026 1027 1039 1042 3036 3038 3039 3040 3042 3043 3044 3045 3046 3047 3048 3059 3060 3061 3062 3071 3076 3078 3080 3081 3084 3087 030700: 1006 1007 1008 1014 1015 1016 1017 1018 1034 2000 2001 2002 2003 2004 2005 VTD: 067MR4C - MARIETTA 4C 030602: 1020 1021 1033 3043 3044 3052 3053 3054 3055 3058 3059 4000 4001 4002 4010 4011 4012 4013 4014 4015 4022 VTD: 067MR4E - MARIETTA 4E 030601: 3058 3074 3075 030602: 1009 1010 1012 1013 1015 1016 1017 1018 1022 1023 2002 2003 2037 2040 2041 2042 2043 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 3000 3006 3007 3008 3009 3010 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 3045 3046 3047 3048 3049 3050 3051 3060 3061 3062 3063 3064 3065 3066 3070 4007 030700: 2018 2019 2020 2022 2023 2024 VTD: 067MR5A - MARIETTA 5A VTD: 067MR5B - MARIETTA 5B VTD: 067MR6A - MARIETTA 6A 030411: 1000 2008 2011 2013 2014 2015 2016 2017 2018 2019 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 VTD: 067MR6B - MARIETTA 6B VTD: 067MR6C - MARIETTA 6C 030502: 2006 2009 2012 2014 2017 2020 2026 2035 2039 2055 030504: 2010 2011 2021 2022 2026 2027 2028 2029 2030 2031 2032 2035 2037

GEORGIA LAWS 2014 SESSION
030505: 1002 1005 1009 1010 1012 1013 1015 1016 1017 1018 1019 1021 1022 1023 2000 2001 2002 2003 2004 2005 2006 2012 2013 2021 3020 3022 3023 3027 3028 3029 3030 3032 3033 4009 4010 4011 4012 4013 4014 4016 4017 4018 4019 4020 4028 4029 4030 4031 4032 030506: 1025 1026 1054 1057 1063 1069 1070 1071 1074 1075 1078 1145 1148 030507: 1059 1060 1061 1064 1065 1066 1067 1068 1070 1071 1073 1074 030700: 4003 4013 4014 4031 4032 VTD: 067MR7A - MARIETTA 7A VTD: 067NS01 - NICHOLSON 01 VTD: 067PF01 - POWERS FERRY 01 030405: 4003 4004 4005 4006 4017 4019 4020 4022 4024 4025 4026 4027 4028 4029 4030 030410: 1029 1038 1041 1042 1043 1044 VTD: 067PO01 - POST OAK 01 VTD: 067PP01 - POPE 01 030327: 1009 1010 1011 1012 1013 1014 1015 1016 030328: 1009 1010 VTD: 067PR01 - PALMER 01 VTD: 067PT01 - PITNER 01 VTD: 067RM01 - ROCKY MOUNT 01 VTD: 067RM02 - ROCKY MOUNT 02 VTD: 067SA01 - SANDY PLAINS 01 VTD: 067SI01 - SIMPSON 01 VTD: 067SM03 - SEWELL MILL 03 030410: 1031 1033 1036 030504: 1011 030505: 1000 1001 1003 1004 1006 1007 1008 1011 1014 1020 2007 2010 2011 2016 2023 2024 2025 2026 2027 2028 2029 2030 3000 3001

3907

3908

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3021 3024 3025 3026 3031 3034 4023 4024 4025 4026 4027 4033 4034 VTD: 067SN2B - SMYRNA 2B 031001: 2056 VTD: 067SY01 - SPRAYBERRY 01 VTD: 067WG01 - WADE GREEN 01 VTD: 067WG02 - WADE GREEN 02

District 004 Cobb County VTD: 067AU1A - AUSTELL 1A VTD: 067BR01 - BIRNEY 01 VTD: 067BR02 - BIRNEY 02 VTD: 067BT01 - BRYANT 01 VTD: 067BT02 - BRYANT 02 VTD: 067CL01 - CLARKDALE 01 VTD: 067CL02 - CLARKDALE 02 VTD: 067CO01 - COOPER 01 VTD: 067DI01 - DOBBINS 01 031108: 1002 1007 1009 1015 1021 1024 1029 1033 1035 1036 1038 1039 1041 1043 1047 1050 2002 3008 3009 3013 3015 3025 3030 3032 3033 3034 3036 4005 4006 4011 4014 4015 4018 4019 4023 VTD: 067FO01 - FAIR OAKS 01 030905: 2017 2018 2019 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 4000 4001 4002 4003 4004 4005 4006 4007 031005: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1029 VTD: 067FO02 - FAIR OAKS 02 031005: 1015 1027 1028 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024

GEORGIA LAWS 2014 SESSION
VTD: 067FO03 - FAIR OAKS 03 031004: 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2021 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3014 3016 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 VTD: 067FO04 - FAIR OAKS 04 031004: 1003 1005 1006 1007 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 2000 2001 2002 2014 2015 2016 2017 2018 2019 2020 3000 3001 3002 3013 3015 VTD: 067HL01 - HARMONY-LELAND VTD: 067LI01 - LINDLEY 01 VTD: 067MA01 - MABLETON 01 VTD: 067MA02 - MABLETON 02 VTD: 067MA03 - MABLETON 03 VTD: 067MA04 - MABLETON 04 031206: 1056 1082 031307: 1000 1003 1006 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 3037 3040 3044 3046 3048 3049 3050 3051 3052 3053 3054 3055 3057 3058 VTD: 067MC01 - MACLAND 01 VTD: 067MC02 - MACLAND 02 VTD: 067ME01 - MCEACHERN 01 VTD: 067NP01 - NORTON PARK 01 031106: 2027 2028 031115: 2002 2006 2009 2016 2031 2032 2033 2034 2037 2038 2040 2041 2042 2043 2044 2048 2049 2052 2053 2054 031117: 1001 1002 1003 1004 1005 1006 1008 1009 1012 1014 1016 1017 1018 1019 1021 1025 1026 1027 2025 2026 VTD: 067NP02 - NORTON PARK 02 VTD: 067OR02 - OREGON 02 VTD: 067OR04 - OREGON 04 VTD: 067OR06 - OREGON 06

3909

3910

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 067PE01 - PEBBLEBROOK 01 VTD: 067PE02 - PEBBLEBROOK 02 VTD: 067PS1A - POWDER SPRINGS 1A VTD: 067PS2A - POWDER SPRINGS 2A VTD: 067PS3A - POWDER SPRINGS 3A VTD: 067RS01 - RIVERSIDE 01 VTD: 067SN2B - SMYRNA 2B 031108: 3000 3001 3002 3003 3004 3005 3006 3007 3010 3011 3012 3014 3016 3017 3018 3019 3020 3021 3022 3023 3024 3031 3035 4004 4008 VTD: 067SN3A - SMYRNA 3A VTD: 067SN5A - SMYRNA 5A VTD: 067SN7A - SMYRNA 7A 031307: 3001 3002 3003 3004 3034 3060 VTD: 067SN7B - SMYRNA 7B 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: 1027 2005 2012 2018 2022 2023 2039 2048 2053 2054 2058 2059 2061 2063 2067 2073 2080 2088 VTD: 067SN7C - SMYRNA 7C 031117: 1000 1007 1010 1011 1013 1015 1020 1022 1023 1024 VTD: 067SW01 - SWEETWATER 01 VTD: 067SW02 - SWEETWATER 02 VTD: 067SW04 - SWEETWATER 04 VTD: 067SW05 - SWEETWATER 05

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3808), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to

GEORGIA LAWS 2014 SESSION

3911

provide for election and terms of office of subsequent members; to provide for an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ed Setzler, who on oath deposes and says that he is the Representative from District 35 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on January 29, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ ED SETZLER Ed Setzler Representative, District 35

Sworn to and subscribed before me, this 17th day of February, 2014.

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

Approved April 10, 2014.

__________

DODGE COUNTY CHIEF MAGISTRATE; NONPARTISAN ELECTIONS.

No. 408 (House Bill No. 1030).

AN ACT

To provide that future elections for the office of chief magistrate of Dodge County shall be nonpartisan elections; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3912

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1. All elections for the office of chief magistrate of Dodge 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 nonpartisan general election immediately preceding the expiration of each respective term of 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 of Dodge County in office on the effective date of this Act. The sitting chief magistrate shall serve out the term of office for which such chief magistrate was elected and shall be eligible to succeed himself or herself as provided in this Act.

SECTION 3. 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 2014 session of the General Assembly of Georgia a bill to provide that future elections for the office of CHIEF MAGISTRATE OF DODGE COUNTY shall be nonpartisan elections; to provide for related matters; to provide an effective date; and for other purposes.
REPRESENTATIVE JIMMY PRUETT District 149
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 Dodge County News which is the official organ of Dodge County on February 12, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2014 SESSION

3913

s/ JIMMY PRUETT Jimmy Pruett Representative, District 149

Sworn to and subscribed before me, this 17th day of February, 2014.

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

Approved April 10, 2014.

__________

DODGE COUNTY CORONER; NONPARTISAN ELECTIONS.

No. 409 (House Bill No. 1031).

AN ACT

To provide that future elections for the office of coroner of Dodge County shall be nonpartisan elections; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. All elections for the office of coroner of Dodge 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 nonpartisan general election immediately preceding the expiration of each respective term of 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 coroner of Dodge County in office on the effective date of this Act. The sitting coroner shall serve out the term of office for which such coroner was elected and shall be eligible to succeed himself or herself as provided in this Act.

3914

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to provide that future elections for the office of CORONER OF DODGE COUNTY shall be nonpartisan elections; to provide for related matters; to provide an effective date; and for other purposes.
REPRESENTATIVE JIMMY PRUETT District 149
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 Dodge County News which is the official organ of Dodge County on February 12, 2014, 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 17th day of February, 2014.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 [SEAL]
Approved April 10, 2014.

GEORGIA LAWS 2014 SESSION

3915

DODGE COUNTY JUDGE OF PROBATE COURT; NONPARTISAN ELECTIONS.

No. 410 (House Bill No. 1032).

AN ACT

To provide that future elections for the office of judge of the probate court of Dodge County shall be nonpartisan elections; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. All elections for the office of judge of the probate court of Dodge 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 nonpartisan general election immediately preceding the expiration of each respective term of 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 judge of the probate court of Dodge County in office on the effective date of this Act. The sitting judge of the probate court shall serve out the term of office for which such judge of the probate court was elected and shall be eligible to succeed himself or herself as provided in this Act.

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 2014 session of the General Assembly of Georgia a bill to provide that future elections for the office of JUDGE OF PROBATE COURT OF DODGE COUNTY shall be nonpartisan elections; to provide for related matters; to provide an effective date; and for other purposes.

3916

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

REPRESENTATIVE JIMMY PRUETT District 149

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 Dodge County News which is the official organ of Dodge County on February 12, 2014, 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 17th day of February, 2014.

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

Approved April 10, 2014.

__________

TOWN OF WAVERLY HALL NEW CHARTER.

No. 411 (House Bill No. 1036).

AN ACT

To reincorporate the Town of Waverly Hall in Harris County; to provide for a charter for the Town of Waverly Hall; to provide for reincorporation, boundaries, and powers of the town; to provide for general powers and limitations on powers; to provide for a governing authority of such town and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and posts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for the office of mayor and

GEORGIA LAWS 2014 SESSION

3917

councilmembers and certain duties and powers relative to the office of mayor and councilmembers; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a town attorney, a town clerk, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for ethics and disclosures; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for homestead exemptions; to provide for bonds for officials; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I CREATION, INCORPORATION, POWERS
SECTION 1.01. Incorporation.

This Act shall constitute the charter of the Town of Waverly Hall, Georgia. The Town of Waverly Hall, Georgia, in the County of Harris, and the inhabitants thereof, are constituted and declared a body politic and corporate under the same name and style of the "Town of Waverly Hall" and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all courts of law and equity, and in all actions whatsoever, and may have and use a common seal.

SECTION 1.02. Corporate Boundaries.

The boundaries of the 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 Waverly Hall, 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. The town council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

3918

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1.03. 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 Act. The town shall have all the powers of self-government not otherwise prohibited by this Act or by general law. (b) The powers of the town shall be construed liberally in favor of the town. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of the town. These powers shall include, but not be limited to, the following:
(1) Animal regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the 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; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades to the extent permitted by general law; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any town taxes or fees; (5) Condemnation. To condemn property, inside or outside the corporate limits of the town, for present or future use and for any corporate purpose deemed necessary by the town council, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the town, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the town; (8) 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

GEORGIA LAWS 2014 SESSION

3919

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) Ethics. To adopt ethics ordinances and regulations governing the conduct of municipal elected officials, appointed officials, and employees; establishing procedures for ethics complaints; and setting forth penalties for violations of such rules and procedures; (10) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (11) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the 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; (12) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the town, and to provide for the enforcement of such standards; (l3) 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; (14) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (15) Jail sentences. To provide that persons given jail sentences in the 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; (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 town; (17) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the town, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same;

3920

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(18) 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; (19) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the town; (20) Municipal property protection. To provide for the preservation and protection of property and equipment of the town and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (21) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, stormwater management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same; (22) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (23) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (24) Planning and zoning. To provide comprehensive town planning for development by zoning; and to provide subdivision regulation and the like as the town council deems necessary and reasonable to insure a safe, healthy, and esthetically pleasing community; (25) Police and fire protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a fire-fighting agency; (26) Public hazards: removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (27) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, public buildings, libraries, public housing, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the town and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (28) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (29) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (30) Public utilities and services. To grant franchises or make contracts for, or impose taxes on, public utilities and public service companies; and to prescribe the rates, fares,

GEORGIA LAWS 2014 SESSION

3921

regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (31) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the town; and to prescribe penalties and punishment for violation of such ordinances; (32) Retirement. To provide and maintain a retirement plan for officers and employees of the town; (33) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the town; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (34) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; provided, however, that:
(A) For all years, the fair market value of all property subject to taxation shall be determined according to the tax digest of Harris County, as provided in Code Section 48-5-352 of the O.C.G.A.; and (B) For all years, the billing date or dates and due date or due dates for municipal ad valorem taxes shall be the same as for Harris County ad valorem taxes; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the town; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public

3922

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (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 town and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and any listing of particular powers in this charter shall not be held to be exclusive of others or restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.04. Exercise of Powers.

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

ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND LEGISLATIVE BRANCH
SECTION 2.01. Town Council Creation; Number; Election.

(a) The legislative authority of the government of Waverly Hall, except as otherwise specifically provided in this Act, shall be vested in a town council to be composed of a mayor and five councilmembers. (b) The mayor shall be elected by a majority vote of the qualified electors of the town at large voting at the elections of the town. (c) Each councilmember shall be elected by a majority vote of the qualified electors voting at the elections of the town. For the purpose of electing the five councilmembers, there shall be five council posts requiring separate ballots to elect, designated as Council Posts 1 through 5, as described in Section 2.02 of this charter. Each person desiring to offer as a candidate for councilmember shall designate the council post for which he or she is offering in writing upon qualifying and may only offer for one council post appearing on any given election ballot.

GEORGIA LAWS 2014 SESSION

3923

SECTION 2.02. Mayor and Town Councilmembers; Election, Terms, and Qualifications for Office.

(a) Except as otherwise provided herein, 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 area comprising the corporate limits of the Town of Waverly Hall for a continuous period of at least 36 months immediately prior to the date of the election for mayor or councilmember, and shall continue to reside therein during that person's period of service, and shall continue to be registered and be qualified to vote in municipal elections of the Town of Waverly Hall. (b) General municipal elections shall be held on the Tuesday next following the first Monday in November or as otherwise required by state law, and quadrennially thereafter. (c) The current mayor Thomas R. Bowden, Jr., and the Councilmember Jack Moore, Post #2, Water Department, and Councilmember Michael Harris, Post #1, Recreation and Culture, shall serve until the expiration of their terms on December 31, 2015, or as otherwise replaced by law. Elections for the offices of mayor; Council Post #2, Water Department; and Council Post #1, Recreation and Culture, shall take place on the Tuesday next following the first Monday in November, 2015, or as otherwise required by state law and quadrennially thereafter. (d) The current Councilmember Patricia Lowman, Post #4, Public Safety; Councilmember Jan Vardeman, Post #3, Streets and Roads; and Councilmember Preston M. Taft, Post #5, Buildings and Grounds, shall serve until the expiration of their current terms on December 31, 2017, or as otherwise replaced by law. Elections for the offices of Council Post #4, Public Safety; Council Post #3, Streets and Roads; and Council Post #5, Buildings and Grounds, shall take place on the Tuesday next following the first Monday in November, 2017, or as otherwise required by state law and quadrennially thereafter. Thereafter the mayor and councilmembers shall take office as provided in Code Section 21-2-541.1 of the O.C.G.A. and serve for terms of four years. The present elected members and future members of the governing authority shall serve until their successors are elected and qualified.

SECTION 2.03. Vacancy; Filling of Vacancies; Suspensions.

The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the town

3924

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

council or those members remaining shall appoint a successor for the remainder of the term. This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember.

SECTION 2.04. Nonpartisan Elections.

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

SECTION 2.05. Election by Majority Vote.

The candidates for mayor and councilmembers who receive a majority of the votes cast in the applicable election shall be elected to a term of office. In the event no candidate receives a majority of the votes cast in said election, a run-off election shall be held between the candidates receiving the highest number of votes. Such run-off shall be held at the time specified by state election law, unless such run-off date is postponed by court order.

SECTION 2.06. Applicability of General Laws; Qualifying; Other Provisions.

All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. Except as otherwise provided by this Act, the town council shall, by ordinance or resolution, prescribe such rules and regulations as it deems appropriate, including, but not limited to, the establishment of qualifying fees, to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

SECTION 2.07. Compensation and Expenses.

The annual salary of the mayor shall be $3,000.00 and the annual salary for each councilmember shall be $1,200.00. Such salary shall be paid from municipal funds in monthly installments. The town council may provide by ordinance for the provision of insurance, retirement, workers compensation, and other employee benefits to the mayor and members of the town council and may provide by ordinance for the reimbursement of expenses actually and necessarily incurred by the mayor and members of the town council in carrying out their official duties.

GEORGIA LAWS 2014 SESSION

3925

SECTION 2.08. Inquiries and Investigations.

The town council may make inquiries and investigations into the affairs of the town 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 town council shall be punished as may be provided by ordinance.

SECTION 2.09. Meetings and Mayor Pro Tempore.

(a) The town council shall meet on the first working day in January immediately following each regular municipal election. The meeting shall be called to order by the mayor-elect and the oath of office shall be administered to the newly elected mayor and councilmembers by a judicial officer authorized to administer oaths. The oath shall, to the extent that it comports with federal and state law, be as follows:
"I do solemnly (swear)(affirm) that I will well and truly perform the duties of (mayor)(councilmember), (as the case may be) of the Town of Waverly Hall, to the best of my ability, without fear or favor. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of the Town of Waverly Hall for the time required by the Constitution and laws of this state and by the municipal charter. Further, I will support and defend the charter thereof as well as the Constitutions and laws of the State of Georgia and of the United States of America, so help me God." (b) Following the induction of the mayor and councilmembers, the town council, by a majority vote of the councilmembers, shall elect a councilmember to be mayor pro tempore, who shall serve for a term of one year and until a successor is elected and qualified. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's disability or absence, except that the mayor pro tempore shall continue to vote as a councilmember and may not exercise the mayor's prerogative to vote in the case of a tie. During the mayor's disability or absence, the mayor pro tempore will be clothed with the other mayor's powers herein. If the mayor pro tempore is absent because of sickness or disqualification, any one of the remaining councilmembers, chosen by the members present, shall be clothed with all the rights and privileges of the mayor and shall perform the mayor's duties in the same manner as the mayor pro tempore. (c) The town council shall, at least once a month, hold regular meetings at such times and places as prescribed by ordinance, presently the first Monday of each month at 7:00 p.m.,

3926

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

unless the Monday falls on a federal holiday then the meeting will be held on the 1st Tuesday at 7:00 p.m. The council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (d) Special meetings of the council may be held on the call of the mayor or two members of the council. Notice of such special meetings shall be delivered to all members of the council and the mayor personally, by registered mail, 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 the mayor or a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice. The notice of such special meeting shall state what business is to be transacted at the special meeting. Only the business stated in the call may be transacted at the special meeting.

SECTION 2.10. Quorum; Voting.

Three councilmembers shall constitute a quorum and shall be authorized to transact business for the council. Voting on the adoption of ordinances shall be taken by voice vote and the yeas and nays shall be recorded in the minutes, but on the request of any member there shall be a roll-call vote. In order for any ordinance, resolution, motion, or other action of the council to be adopted, the measure must receive at least two affirmative votes and must receive the affirmative votes of a majority of those voting. No member of the town council shall abstain from voting on any matter properly brought before the council for official action except when such member of council has a conflict of interest which is disclosed in writing prior to or at the meeting and made a part of the minutes. Any member of the 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. The mayor shall vote only in the case of a tie.

SECTION 2.11. General Power and Authority of the Council.

(a) Except as otherwise provided by law or by this charter, the council shall be vested with all the powers of government of the Town of Waverly Hall as provided by Article I of this charter. (b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, and the exercising of eminent domain not inconsistent with this charter and the

GEORGIA LAWS 2014 SESSION

3927

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 Waverly Hall and may enforce such ordinances by imposing penalties for violation thereof. The town council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the town, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.

SECTION 2.12. Administrative and Service Departments.

(a) The council, by ordinance, may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the town as they shall deem necessary for the proper administration of the affairs and government of the town. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the town. (b) The operations and responsibilities of each department now or hereafter established in the town shall be distributed among such divisions or bureaus as may be provided by ordinance of the council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision of the councilmember whose post is designated for said department herein.

SECTION 2.13. Boards, Commissions, and Authorities.

(a) All members of boards, commissions, and authorities of the town shall be nominated by the mayor and be confirmed by the council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law. (b) No member of any board, commission, or authority of the town shall hold any elective office in the town. Councilmembers and the mayor, however, may serve as ex officio

3928

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

members of such boards, commissions, or authorities, without a vote. The mayor shall serve as the ex officio chairperson of all boards, commissions, or authorities. (c) Any vacancy in office of any member of a board, commission, or authority of the town shall be filled for the unexpired term in the manner prescribed for original appointment, except as otherwise provided by this charter or any applicable state law. (d) No member of any board, commission, or authority shall assume office until he or she shall have executed and filed with the designated officer of the town an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance of the council and administered by the mayor. (e) Any member of a board, commission, or authority may be removed from office for cause by a vote of a majority of the members of the council. (f) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the town government shall elect one of its one members as vice chairperson for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the 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 applicable state law as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the designated officer of the town.

SECTION 2.14. Ordinance Form; Procedures.

(a) Every proposed ordinance and resolution shall be introduced in writing, and the town council shall have the authority to approve, disapprove, or amend the same. After the title of any proposed resolution or ordinance is read at a town council meeting, it may be approved and passed at such time by the town council. (b) The catchlines of sections of this charter or any ordinance printed in boldface type, italics, or otherwise, are intended as mere catchwords to indicate the contents of the section, and:
(1) Shall not be deemed or taken to be titles of such sections or as any part of the section; and (2) Shall not be so deemed when any of such sections, including the catchlines, are amended or reenacted unless expressly provided to the contrary. Furthermore, the chapter, article, and section headings contained in this Act shall not be deemed to govern, limit, or modify or in any manner affect the scope, meaning, or intent of the provisions of any chapter, article, or section hereof. (c) The town council may, by ordinance or resolution, adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of

GEORGIA LAWS 2014 SESSION

3929

absent members. Such rules may include punishment for contemptuous behavior conducted in the presence of the town council.

SECTION 2.15. Submission of Ordinances to the Mayor.

(a) Every ordinance, resolution, and other action adopted by the council shall be presented promptly to the mayor. Except for council approval of appointments to committees, boards, and commissions, the employment of any appointed officer, internal affairs, or matters which must be approved by the voters, the mayor may veto any action adopted by the town council. (b) The veto must be exercised no later than the next regular town council meeting following the meeting at which the action was taken. If an action is disapproved, the mayor shall submit to the council a written statement of the reasons for the mayor's veto. (c) An action vetoed by the mayor shall automatically be on the agenda at the next regular meeting of the town council for reconsideration. If the minimum number of councilmembers necessary to vote on overriding the veto are not present, the action may be continued until the next meeting at which the minimum number of councilmembers are present. Such action shall not become effective unless it is readopted by the affirmative votes of at least three members of council within 60 days of the veto. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance or resolution. The approved part or parts of any ordinance or resolution making appropriations shall become law, and the part or parts disapproved or reduced shall not become law unless subsequently passed by the town council over the mayor's veto as provided in this charter. (e) If an ordinance or resolution has been signed by the mayor, it shall become effective. If an ordinance or resolution is neither approved nor disapproved by the next regular meeting of the town council, it shall become effective.

ARTICLE III EXECUTIVE BRANCH
SECTION 3.01. Powers and Duties of the Mayor.

(a) The mayor shall be the chief executive officer of the town government, a member of and the presiding officer of the town council, and responsible for the efficient and orderly administration of the town's affairs. The mayor shall be responsible for the enforcement of laws, rules, regulations, ordinances, and franchises in the town. The mayor may conduct inquiries and investigations into the conduct of the town's affairs and shall have such powers and duties as specified in this charter or as may be provided by ordinance consistent with this charter.

3930

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(b) 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 advocate of policy; (3) Sign as a matter of course on behalf of the town all written and approved contracts, ordinances, resolutions, and other instruments executed by the town which by law are required to be in writing; (4) See that all laws and ordinances of the town are faithfully executed; (5) Vote on any motion, resolution, ordinance, or other question before the council only as provided in Section 2.10 of this charter; (6) Obtain short-term loans in the name of the town when authorized by the town council to do so; (7) Name qualified residents of the town to boards and commissions with approval of the town council; (8) Approve all checks for payment of expenses of the town prior to issue of payment; (9) Vote for the rehire of town employees and officers at the first meeting of each year, unless his or her vote would cause a tie and then in that event the mayor's vote shall not be counted unless it is to break a tie; (10) Make recommendations with respect to the employment or termination of town employees; (11) Prepare or have prepared an agenda for each meeting of the town council which shall include all business submitted by the mayor, any councilmember, the town manager, and the town attorney; and (12) Fulfill and perform such other duties as are imposed by this charter and duly adopted ordinances.

SECTION 3.02. Town Attorney.

The council shall confirm by majority vote of the council a town attorney, together with such assistant town attorneys as may be deemed appropriate, and shall provide for the payment of such attorney or attorneys for services rendered to the town. The town attorney shall be responsible for representing and defending the town in all litigation in which the town is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the council, mayor, 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 his or her position as town attorney. The town attorney shall review all contracts of the town before their execution but shall not have the power to bind the town.

GEORGIA LAWS 2014 SESSION

3931

SECTION 3.03. Town Clerk.

The council may appoint a town clerk, subject to confirmation by majority vote of the council, to keep a journal of the proceedings of the town council; to maintain in a safe place all records and documents pertaining to the affairs of the town; and to perform such duties as may be required by law or ordinance or as the mayor or town council may direct.

SECTION 3.04. Tax Collector.

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

SECTION 3.05. Town Accountant.

The council may appoint a town accountant, subject to confirmation by majority vote of the council, to perform the duties of an accountant.

SECTION 3.06. Consolidation of Functions.

The council, may consolidate any two or more of the positions of town clerk, town tax collector, and town accountant, or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. The town manager may also, with the approval of the town council, perform all or any part of the functions of any of the positions or offices in lieu of the appointment of other persons to perform the same.

SECTION 3.07. Position Classification and Pay Plans; Employment at Will.

The town council shall be responsible for the preparation of a position classification and a pay plan which shall be prepared and approved annually by the town council. Said plan may apply to all employees of the Town of Waverly Hall and any of its agencies and offices. When a pay plan has been adopted by the council, neither the council nor any department head or supervisor shall increase or decrease the salaries of individual employees except in

3932

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

conformity with such pay plan or pursuant to an amendment of said pay plan duly adopted by the council. Except as otherwise provided in this charter, all employees of the town shall be subject to removal or discharge, with or without cause, at any time.

ARTICLE IV MUNICIPAL COURT
SECTION 4.01. Creation.

There is established a court to be known as the Municipal Court of the Town of Waverly Hall which shall have jurisdiction and authority to try offenses against the laws and ordinances of said town 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 town; 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 town constituting traffic cases which, under the laws of Georgia, are placed within the jurisdiction of municipal courts to the extent of, and in accordance with, the provisions of such laws and all laws subsequently enacted amendatory thereof. When convened, the municipal court shall be presided over by a judge of the court.

SECTION 4.02. Judge.

(a) No person shall be qualified or eligible to serve as judge unless he or she shall have attained the age of 25 years and shall have been a member of the State Bar of Georgia for a minimum of three years. The current sitting Municipal Court Judge of Waverly Hall, Georgia, is herewith grandfathered and shall remain qualified pursuant to Georgia law. (b) All judges shall be appointed by resolution by the council and shall serve for a term of one year. 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, that a judge may not appear and represent a client before the court. The compensation of all judges shall be fixed by the council by resolution. (c) Before entering on duties of his or her office, the appointed judges shall take an oath before an officer duly authorized to administer oaths in this state declaring that he or she will truly, honestly, and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the council.

GEORGIA LAWS 2014 SESSION

3933

(d) A judge of the municipal court shall serve for the designated term, but may be removed from the position by a two-thirds' vote of the entire membership of the town council or upon action taken by the State Judicial Qualifications Commission for:
(1) Willful misconduct in office; (2) Willful and persistent failure to perform duties; (3) Habitual intemperance; (4) Conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or (5) Disability seriously interfering with the performance of duties, which is, or is likely to become, of a permanent character.

SECTION 4.03. Administration.

(a) The position of clerk of the court is created. The clerk shall be appointed by the town council and shall serve at the pleasure of the town council. (b) 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. (c) In addition, the clerk of the court shall serve as administrator of the court, setting times and dates for convening of the court upon guidance of the judge, preparing the court docket, and for such other services as may be assigned by resolution or ordinance of the council.

SECTION 4.04. Jurisdiction; Powers.

The municipal court shall try and punish for crimes against the Town of Waverly Hall and for violation of its ordinances. The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or imprisonment for 15 days. The municipal court may impose punishment for offenses within its jurisdiction to the full extent allowed by state law. 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. 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. 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

3934

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

presiding at such time, and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the 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. 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. 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. Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the town, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the town. The council shall have authority to establish a schedule of reasonable fees to defray the cost of operation.

SECTION 4.05. Certiorari.

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

SECTION 4.06. Rules for Court.

With the approval of the 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. 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.

GEORGIA LAWS 2014 SESSION

3935

ARTICLE V FINANCE AND FISCAL
SECTION 5.01. Fiscal Year.

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

SECTION 5.02. Preparation of Budgets.

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

SECTION 5.03. Submission of Operating Budget to Town Council.

On or before a date fixed by the council, but not later than 90 days prior to the beginning of each fiscal year, the mayor, in planning and consultation with the town council, shall formally submit to the council a proposed operating budget for the ensuing fiscal year. The proposed budget and shall be open to public inspection in the office of the town clerk.

SECTION 5.04. Action by Council on Budget.

The council 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 law, or by other provisions of this charter, and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues, constituting the fund availability of such fund.

SECTION 5.05. Audits.

(a) There shall be an annual independent audit of all town accounts, funds, and financial transactions by a certified public accountant selected by the town council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds

3936

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public. (b) As a minimum, all audits and budgets of the town shall satisfy the requirements of Chapter 81 of Title 36 of the O.C.G.A., relating to local government audits and budgets.

SECTION 5.06. Homestead Exemptions.

Any homestead exemptions applicable to ad valorem taxes levied by the town shall be as provided by Act of the General Assembly pursuant to Article VII, Section II, Paragraph II of the Georgia Constitution.

ARTICLE VI GENERAL PROVISIONS
SECTION 6.01. Rules of Procedure.

The mayor and council may adopt rules of procedure and order of business consistent with the provisions of this charter and shall provide for a public written record.

SECTION 6.02. Municipal Elections Superintendent.

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 Harris 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 three members of the council.

SECTION 6.03. Existing Code and Prior Ordinances.

All provisions of the Code of Waverly Hall, Georgia, and any uncodified 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 expressly amended or repealed by ordinance enacted by the mayor and council.

GEORGIA LAWS 2014 SESSION

3937

SECTION 6.04. Personnel and Officers.

Except as specifically provided otherwise by this charter, all personnel and appointed officers of the town and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period up and until December 31, 2014, unless sooner terminated by a majority vote of town council.

SECTION 6.05. 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 town officer, departments, agencies, or personnel.

SECTION 6.06. Conflict of Interest of Elected Officials and Appointed Officers.

(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. Except as authorized by law, the mayor or any councilmember shall not hold any other town office or town employment during the term for which that person was elected. Neither the mayor nor any member of the town council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested. 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;

3938

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to the official's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the official is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this town or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which the official has a financial interest. (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 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. (c) 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 town as an officer or employee of the town. (d) Contracts Voidable and Rescindable - Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the town council. (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 town or otherwise be employed by said government or any agency thereof during the term for which that official was elected. No former mayor and no former councilmember shall hold any appointive office in the town until at least 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 town shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the town shall continue in such employment upon qualifying for or election to any public office in this town or any other public office which is inconsistent, incompatible, or in conflict with the duties of the town employee. Such determination shall be made by the council either immediately upon election or at any time such conflict may arise.

GEORGIA LAWS 2014 SESSION

3939

(g) Penalties for Violation - Any town officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. Any officer or employee of the town, who shall forfeit an office or position as described in this subsection, shall be ineligible for appointment or election to or employment in a position in the town government for a period of three years thereafter.

SECTION 6.07. Removal of Officers.

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. Removal of an officer pursuant to this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the town council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The town council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the town council to the Superior Court of Harris 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 Harris County following a hearing on a complaint seeking such removal brought by any resident of the Town of Waverly Hall.

SECTION 6.08. Term Limits of Elected Officials.

There shall be no term limits.

SECTION 6.09. Emergencies.

To meet a public emergency affecting life, health, property, or public peace, the town council may convene on call of the mayor or two 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

3940

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

declaration stating that an emergency exists, and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least a majority of 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. 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 6.10. Codes of Technical Regulations.

The town council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:
(1) The requirements 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. Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.

SECTION 6.11. Signing; Authenticating; Recording; Codification; Printing.

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 town council shall provide for the preparation of a general codification of all the ordinances of the town having the force and effect of law. The general codification shall be adopted by the town council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the town council may specify. This compilation shall be known and cited officially as "The Code of the Town of Waverly Hall, 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. The town council shall cause each ordinance and each

GEORGIA LAWS 2014 SESSION

3941

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.

SECTION 6.12. 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 6.13. 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 6.14. Contracting Procedures.

No contract with the town shall be binding on the town unless: (1) It is in writing; (2) It is drawn by or submitted to and reviewed by the town attorney, and as a matter of course, is signed by the town attorney to indicate such drafting or review; and (3) It is made or authorized by the town council and such approval is entered in the town council journal of proceedings.

SECTION 6.15. Centralized Purchasing.

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

3942

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 6.16. Sale and Lease of Town Property.

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. The town council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the town has no readily ascertainable monetary value. Whenever in opening, extending, or widening any street, avenue, alley, or public place of the town, a small parcel or tract of land is cut-off or separated by such work from a larger tract or boundary of land owned by the town, the town council may authorize the mayor to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the town has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

SECTION 6.17. Bonds for Officials.

The officers and employees of this town, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the town council shall from time to time require by ordinance or as may be provided by law.

SECTION 6.18. Construction.

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

SECTION 6.19. Severability.

In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other

GEORGIA LAWS 2014 SESSION

3943

sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

SECTION 6.20. Specific Repealer.

An Act incorporating the Town of Waverly Hall in the County of Harris, approved July 19, 1914 (Ga. L. 1914, p. 1211), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety.

SECTION 6.21. 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 2014 session of the General Assembly of Georgia a bill to provide a new charter for the City of Waverly Hall; to provide for related matters; to provide an effective date; and for other purposes.
Debbie G. Buckner Representative Debbie Buckner District 137
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Debbie Buckner, who on oath deposes and says that she is the Representative from District 137 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Harris County Journal which is the official organ of Harris County on February 13, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

3944

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

s/ DEBBIE BUCKNER Debbie Buckner Representative, District 137

Sworn to and subscribed before me, this 17th day of February, 2014.

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

Approved April 10, 2014.

__________

FORSYTH COUNTY FORSYTH COUNTY PUBLIC FACILITIES AUTHORITY; REMOVE CERTAIN LIMITATIONS AND REFERENCES.

No. 412 (House Bill No. 1037).

AN ACT

To amend an Act to create the Forsyth County Public Facilities Authority, approved May 1, 2008 (Ga. L. 2008, p. 3637), so as to revise a definition; to remove certain limitations regarding the construction of buildings; to remove references to road and highway construction and related references; 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 Forsyth County Public Facilities Authority, approved May 1, 2008 (Ga. L. 2008, p. 3637), is amended by revising paragraph (5) of Section 3 as follows:
"(5) 'Project' means all buildings, facilities, and equipment necessary or beneficial for the efficient operation of the county or any department, agency, division, or commission thereof; and any undertaking of the county permitted pursuant to the Revenue Bond Law."

SECTION 2. Said Act is further amended by revising paragraph (7) of Section 4 as follows:

GEORGIA LAWS 2014 SESSION

3945

"(7) To pay the costs of the project with the proceeds of revenue bonds or other obligations issued by the authority or from any grant or contribution from the United States of America or any agency or instrumentality thereof or from the state or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever;"

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

"SECTION 5. Revenue bonds.

The authority, or any entity or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of revenue bonds of the authority for the purpose of paying all or any part of the costs of the project and for the purpose of refunding revenue bonds or other obligations previously issued. The principal of and interest on such revenue bonds shall be payable solely from the special fund hereby provided for such payment. The revenue bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of such revenue bonds."

SECTION 4. Said Act is further amended by revising Section 22 as follows:

"SECTION 22. Purpose of the authority.

Without limiting the generality of any provision of this Act, the public purpose of the authority is declared to be that of providing public buildings, facilities, equipment, and other public undertakings for the citizens in the county."

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

3946

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 2014 session of the General Assembly of Georgia a bill to amend an Act to create the Forsyth County Public Facilities Authority, approved May 1, 2008 (Ga. L. 2008, p. 3637), so as to revise a definition; to remove certain limitations regarding the construction of buildings; to remove references to road and highway construction and related references; to provide for related matters; and for other purposes.

s/ GEOFF L. DUNCAN Representative Geoff L. Duncan District 26

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Geoff Duncan, who on oath deposes and says that he is the Representative from District 26 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Forsyth County News which is the official organ of Forsyth County on February 9, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GEOFF DUNCAN Geoff Duncan Representative, District 26

Sworn to and subscribed before me, this 18th day of February, 2014.

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

Approved April 10, 2014.

__________

GEORGIA LAWS 2014 SESSION

3947

CITY OF BAXLEY NEW CHARTER.

No. 413 (House Bill No. 1041).

AN ACT

To provide for a new charter for the City of Baxley; 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 mayor and council; to provide for council members' 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 mayor and council; 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 council 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 and council; 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 judge(s) 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 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

3948

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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. CREATION, INCORPORATION, POWERS
SECTION 1.10. Incorporation.

The City of Baxley in Appling 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 Baxley." References in this charter to "the city" or "this city" refer to the City of Baxley, 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 by 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 Baxley, 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. (b) The mayor and council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

SECTION 1.12. 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

GEORGIA LAWS 2014 SESSION

3949

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; (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

3950

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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; (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 mayor and council 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

GEORGIA LAWS 2014 SESSION

3951

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 mayor and council 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 mayor and council; (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 mayor and council 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; (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

3952

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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; (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 fortune telling; 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:

GEORGIA LAWS 2014 SESSION

3953

(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.

ARTICLE II. GOVERNMENT STRUCTURE.
SECTION 2.10. Mayor and 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 council to be composed of a mayor and six council members. The mayor and council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and council shall be elected in the manner provided by general law and this charter. One council member shall be elected from each of the six districts of the city by the voters residing in that district. 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 council members shall exercise their powers in such manner as prescribed by this charter and the Constitution and applicable general laws

3954

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

of the State of Georgia, or if not prescribed, in such manner as prescribed by the duly established ordinances of the City of Baxley.

SECTION 2.11. City council terms and qualifications for office.

(a) The six council members shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as a council member unless he or she has been a resident of the city for at least 12 months preceding his or her election. Each council member shall be a resident of the district which he or she represents. Each council member shall continue to reside within the city in the district 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 council member 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 council member representing a district unless that person has been a resident of the district such person seeks to represent for a continuous period of at least six months immediately prior to the date of the election for council member. (c) No person shall be eligible to serve as a council member 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.

SECTION 2.12. Elections.

(a) For the purpose of electing council members, the territory comprising the City of Baxley shall be subdivided into six parts or districts, to be known as District One, District Two, District Three, District Four, District Five and District Six. One council member shall be elected from each district. Each district shall consist of certain census blocks located within the City of Baxley identified in the latest United States decennial census redistricting data, in a manner consistent with state and federal law. The six districts shall in all respects be successors to and continuations of Districts One, Two, Three, Four, Five and Six as established under prior law until otherwise modified under applicable state or federal law. (b) The members of the mayor and council shall be designated as: Mayor; Council member, District One; Council member, District Two; Council member, District Three; Council member, District Four; Council member, District Five; and Council member, District Six. A candidate for any position as a council member shall at the time of qualifying designate by district number the position that such candidate is seeking.

GEORGIA LAWS 2014 SESSION

3955

(c) No candidate shall be elected for the office of mayor or council member 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 of the O.C.G.A., the "Georgia Election Code." Except as otherwise provided by this charter, the mayor and council 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 council members who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified. (g) Successors to the mayor and council 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 the first meeting in January 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 council member 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) 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 by vote of the majority of the remaining members of the mayor and council. If such vacancy occurs 12 months or more prior to the expiration of the term of that office, it shall be filled for the remainder of the unexpired term by a special election in accordance with Titles 21 and 45 of the O.C.G.A. or such other laws as are or may hereafter be enacted. If a special election is required to fill a vacancy in the office of council member 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 mayor and council. (c) This provision shall also apply to a temporary vacancy created by the suspension from office of a council member.

3956

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 council members 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 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

GEORGIA LAWS 2014 SESSION

3957

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 mayor and council. Any council member who has a private interest in any matter pending before the mayor and council shall disclose such private interest, and such disclosure shall be entered on the records of the mayor and council. Such mayor or council member 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 mayor and council or the governing body of such agency or entity. (e) Contracts voidable and rescindable -- Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the mayor and council. (f) Ineligibility of elected official -- Except as authorized by law, neither the mayor nor any council member shall hold any other elective or appointive office in the city or otherwise be employed by such government or any agency thereof during the term for which that official was elected. No former mayor and no former council member shall hold any appointive office in the city until one year after the expiration of the term for which that official was elected. (g) Political activities of certain officers and employees -- No appointive officer or employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office which, in the determination of the mayor and council, would or could conflict with the performance of the officer's or employee's city job; and as may be further defined in the city's personnel policy. (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

3958

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 mayor and council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and 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 mayor and council shall be punished as provided by ordinance.

SECTION 2.19. General power and authority of the mayor and council.

(a) Except as otherwise provided by this charter, the mayor and 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 mayor and 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, and well-being of the inhabitants of the City of Baxley and may enforce such ordinances by imposing penalties for violation thereof.

SECTION 2.20. Public facilities; eminent domain.

The mayor and 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.

GEORGIA LAWS 2014 SESSION

3959

SECTION 2.21. Organizational meetings.

The mayor and council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the mayor or city clerk and the oath of office shall be administered to the newly elected members by an officer authorized by law to administer oaths and shall be as follows:
"I do solemnly (swear or affirm) that I will faithfully perform the duties of (mayor) (council member) of the City of Baxley, 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 district and] the City of Baxley 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 Baxley to the best of my ability without fear, favor, affection, redistrict, 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 mayor and council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the mayor and council may be held on call of the mayor or three members of the council. Notice of such special meetings shall be served on all other members personally in writing or orally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to mayor and council member shall not be required if the mayor and all council members are present when the special meeting is called. Such notice may be waived by the mayor or 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 mayor or council member's presence. Only the business stated in the call may be transacted at the special meeting, unless the call states that any other business may be conducted. (c) All meetings of the mayor and 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 such other applicable laws as are or may hereafter be enacted.

3960

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2.23. Rules of procedure.

(a) The mayor and council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping minutes of its proceedings, which shall be a public record. (b) All committees and committee chairs and officers of the mayor and council shall be appointed by majority vote of the council members and shall serve at the pleasure of the mayor and council.

SECTION 2.24. Quorum; voting.

(a) Any four members of the mayor and council, including the mayor or mayor pro tempore, shall constitute a quorum and shall be authorized to transact the business of the mayor and council. 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 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 four council members, or in the case of a tie, three council members and the mayor shall be required for the adoption of any ordinance, resolution or other act of the mayor and council. (b) No member of the mayor and council shall abstain from voting on any matter properly brought before the mayor and council for official action except when such mayor or council member has a conflict of interest which is disclosed prior to or at the meeting and made a part of the minutes. Any member of the mayor and 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 2.25. Ordinance form; procedures.

(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 mayor and council prior to or at the time of its adoption, and after being presented for consideration at any meeting of the mayor and council, 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. 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 Baxley". (b) An ordinance may be introduced by any council member and be read in full or by title only at a regular or special meeting of the mayor and council. Ordinances shall be

GEORGIA LAWS 2014 SESSION

3961

considered and adopted or rejected by the mayor and council 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 council member 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 mayor and council 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 mayor and council may convene on the call of the mayor or three council members 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 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 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 regulations.

(a) As may be consistent with law, the mayor and council 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

3962

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 mayor and council. (b) The mayor and council shall provide for the preparation of a codification of ordinances of the city as required by law. (c) The mayor and council 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 mayor and council 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.

SECTION 2.30. City manager; appointment; qualifications.

By the majority vote, the mayor and council shall appoint a city manager for an indefinite term or a term prescribed by the mayor and council; and a majority vote shall be required for termination of appointment. 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 mayor and council shall receive such appointment while in office, nor within one year after the expiration of such member's term.

GEORGIA LAWS 2014 SESSION

3963

SECTION 2.31. Acting city manager.

By letter filed with the city clerk, the city manager shall designate, subject to the approval of the mayor and council, 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 mayor and council 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 mayor and 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) 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) 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 mayor and council meetings with 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 mayor and council; (4) See that all laws, provisions of this charter, and acts of the mayor and council subject to enforcement by him or her, or by officers subject to his or her direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the mayor and council, together with a message describing the important features, and be responsible for its administration after adoption; (6) Submit to the mayor and council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the mayor and council may require concerning the operations of city departments, offices, and agencies subject to his or her direction and supervision; (8) Establish powers and duties of, and recommend to the mayor and council a standard schedule of pay for, each appointive office and position in the city service, including minimum, intermediate, and maximum rates of pay, except as may otherwise be provided by law or this charter;

3964

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(9) Recommend to the mayor and council, 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) Consolidate or combine offices, positions, departments, or units under his or her jurisdiction with the approval of the mayor and council; the city manager may be the head of one or more departments; (11) Investigate the affairs of the city or any department or division thereof; including investigation of 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 assurance that all franchises, permits, and privileges granted by the city are faithfully observed; (12) Keep the mayor and council fully advised as to the financial condition and future needs of the city and make such recommendations to the mayor and council concerning the affairs of the city as he or she deems desirable; and (13) Perform such other duties as are specified in this charter or as may be required by the mayor and council.

SECTION 2.33. Council interference with administration.

Neither the mayor and council 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 mayor and council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the mayor and council nor its members shall give orders to any such officer or employee, either publicly or privately.

SECTION 2.34. Emergencies.

In case of an accident, disaster, or other circumstance creating a public emergency, the city manager may administer contracts and make purchases for the purpose of meeting such emergency, but he or she shall file promptly with the mayor and council a certificate showing such emergency and the necessity for such action, together with an itemized account of all expenditures.

GEORGIA LAWS 2014 SESSION

3965

SECTION 2.35. Compensation.

The city manager shall receive such compensation as prescribed by the mayor and council.

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 council members. The compensation of the mayor shall be established in the same manner as for council members.

SECTION 2.37. Mayor pro tempore.

The mayor and council shall elect one council member 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 mayor and council. 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 if 12 months or more remains in the unexpired term.

SECTION 2.38. Powers and duties of mayor.

The mayor shall: (1) Be the titular head of the municipal government; (2) Preside at all meetings of the mayor and council; (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 mayor and council only when the vote is evenly divided; and

3966

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(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 council members chosen by a majority vote of the mayor and council, 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 council members. The mayor pro tempore or selected council member 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 mayor and council.

ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Boards, commissions, and authorities.

(a) The mayor and council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function that the mayor and council may deem necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the mayor and council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The 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. (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 a person authorized by law to administer oaths.

GEORGIA LAWS 2014 SESSION

3967

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

SECTION 3.12. City attorney.

The mayor and council, 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 court; shall attend the meetings of the council as directed; shall advise the mayor and council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney. The city attorney is not 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.

3968

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 3.13. Rules and regulations.

The mayor and council, 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 mayor and council 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 mayor and council 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 Baxley.

SECTION 4.11. Judges.

(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 mayor and council. (b) The chief judge shall be appointed by the mayor and council for a term of one year. (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

GEORGIA LAWS 2014 SESSION

3969

Bar of Georgia for a minimum of three years. All judges shall be appointed by the mayor and council. (d) The compensation of the judge or judges shall be fixed by the mayor and council. (e) The judge or judges may be removed for cause by a majority vote of the mayor and council. (f) Before assuming office, each judge shall take an oath, administered by a person authorized by law to administer oaths, 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 records of the mayor and council. (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 by the chief judge or the mayor 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 care taking 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 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.

3970

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(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 Appling 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 mayor and council, 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 mayor and council 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.

ARTICLE V. FINANCE
SECTION 5.10. Property tax.

The mayor and council 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 mayor and council in its discretion.

GEORGIA LAWS 2014 SESSION

3971

SECTION 5.11. Millage.

(a) The mayor and 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. (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 mayor and 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 5.12. Occupation taxes and regulatory fees.

The mayor and council 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 mayor and council shall provide for the manner and method of payment of such taxes and fees. The mayor and council 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.

SECTION 5.13. Licenses and permits.

The mayor and council, 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 council, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. The mayor and council 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 mayor and council.

3972

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 5.14. Franchises.

The mayor and council 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 mayor and council 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 mayor and 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 council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.

SECTION 5.15. Service fees.

The mayor and council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside 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.

SECTION 5.16. Roads.

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

GEORGIA LAWS 2014 SESSION

3973

SECTION 5.18. Collection of delinquent taxes.

The mayor and council 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.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, and providing for the assignment or transfer of tax executions.

SECTION 5.19. Borrowing.

The mayor and council shall have the power to issue bonds and notes 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 mayor and council 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.

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

3974

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 5.23. Budget ordinance.

The mayor and council 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 mayor and council 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 the city manager 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 mayor and 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 this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) After the conducting of a budget hearing, the mayor and council shall adopt the final operating budget for the ensuing fiscal year not later than the beginning of each fiscal year. If the mayor and council 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 mayor and council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance or resolution 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

GEORGIA LAWS 2014 SESSION

3975

or allotments thereof to which it is chargeable, except as such budget may be amended by the mayor and council pursuant to Section 5.27 of this charter.

SECTION 5.26. Levy of taxes.

Following adoption of the operating budget, the mayor and council shall levy by a majority vote of the mayor and council 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 mayor and council, 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 improvements program and the capital budget shall become effective only upon adoption by majority vote of the mayor and council.

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 mayor and council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this section. Copies of all audit reports shall be available at printing cost to the public.

3976

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 5.30. Procurement and property management.

No contract with the city shall be binding on the city unless it is: (1) In writing; (2) 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) Made or approved by the mayor and council and such approval is entered in the mayor and council minutes pursuant to Section 2.23 of this charter.

SECTION 5.31. Purchasing.

The mayor and council shall prescribe procedures for a system of centralized purchasing for the city.

SECTION 5.32. Sale of property.

(a) The mayor and council 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 mayor and 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 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 mayor and council may authorize the city manager to execute and deliver in the name of the city a deed conveying such cutoff or 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.

GEORGIA LAWS 2014 SESSION

3977

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 mayor and council 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 mayor and council.

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 mayor and council.

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.

3978

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 6.14. Specific repealer.

An Act incorporating the City of Baxley, approved February 23, 1875 (Ga. L. 1875, p. 156), as amended, and the several Acts amendatory thereof, specifically including the Act establishing the most recent charter for the City of Baxley, approved April 13, 1982 (Ga. L. 1982, p. 4725), and Acts amendatory thereof, are repealed. The official incorporation date of the City of Baxley shall remain February 23, 1875.

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 INTENT TO INTRODUCE LOCAL LEGISLATION
PROVIDING A NEW CHARTER FOR THE CITY OF BAXLEY AND OTHER PURPOSES. NOTICE is hereby given that the City of Baxley, through its legislative delegation, intends to introduce at the regular 2014 session of the General Assembly of Georgia a bill to provide for a new charter for the City of Baxley; 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 mayor and council; to provide for council members' 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 mayor and council; 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 council interference with

GEORGIA LAWS 2014 SESSION

3979

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 and council; 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 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.

Jeffrey P. Baxley City Manager City of Baxley

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 12, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GREG MORRIS Greg Morris Representative, District 156

3980

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 18th day of February, 2014.

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

Approved April 10, 2014.

__________

HENRY COUNTY HENRY COUNTY BOARD OF ELECTIONS AND REGISTRATION; REMOVAL OF ELECTIONS SUPERVISOR; TERM OF OFFICE OF ELECTIONS SUPERVISOR; FILLING OF VACANCY.

No. 414 (House Bill No. 1043).

AN ACT

To amend an Act to provide for the Henry County Board of Elections and Registration, approved May 3, 2006 (Ga. L. 2006, p. 4062), as amended, so as to provide for a process for removing the elections supervisor for cause; to provide for a term of office for the elections supervisor; to provide for a method of appointing a successor elections supervisor in the event of death, resignation, or removal; 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 Henry County Board of Elections and Registration, approved May 3, 2006 (Ga. L. 2006, p. 4062), as amended, is amended by revising Section 15 as follows:
"SECTION 15. (a) An administrative director, to be known as the elections supervisor, to administer and supervise conduct of elections, primaries, and registration of electors for the county, shall be selected by the senior judge of the superior court of the Flint Judicial Circuit, upon recommendation by the grand jury of Henry County, in the manner provided for the appointment of registrars under subsection (a) of Code Section 21-2-212 of the O.C.G.A., for a term of two years. Compensation shall be determined in accordance with and under

GEORGIA LAWS 2014 SESSION

3981

the personnel policies established by the governing authority of the county. Compensation for the elections supervisor shall be paid by the governing authority pursuant to its personnel policies wholly from county funds. (b) The elections supervisor shall be subject to removal from office by the senior judge of the superior court of the Flint Judicial Circuit upon cause, after notice and hearing. In case of death, resignation, or removal from office, the senior judge shall appoint an interim successor who shall serve until the next grand jury convenes. The process for the appointment of a successor elections supervisor shall be in accordance with subsection (a) of this section. (c) The removal provisions set forth in subsection (b) of this section shall not apply to any person serving as elections supervisor on the effective date of 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 2014 Session of the General Assembly of Georgia, a bill to amend an Act providing for the Henry County Board of Elections and Registration approved May 3, 2006 (Ga. L. 2006, Vol. 2, page 4062), so as to provide a process for removing the elections supervisor for cause; to provide a term of office for the elections supervisor; to provide a method for appointing a successor elections supervisor in the event of death, resignation or removal; to repeal conflicting laws; and for other purposes.
Tommy N. Smith, Chairman Henry County Board of Commissioners
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 Henry Daily Herald which is the official organ of Henry County on January 22, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DALE RUTLEDGE Dale Rutledge Representative, District 109

3982

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 19th day of February, 2014.

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

Approved April 10, 2014.

__________

FORSYTH COUNTY FORSYTH COUNTY BOARD OF REGISTRATIONS AND ELECTIONS; MEMBERSHIP; APPOINTMENT AND TERMS OF MEMBERS; COMPENSATION.

No. 415 (House Bill No. 1048).

AN ACT

To amend an Act creating the Forsyth County Board of Registrations and Elections, approved March 31, 1987 (Ga. L. 1987, p. 5381), as amended, so as to increase the membership of the board; to provide for the appointment and terms of the additional members; to provide for compensation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Forsyth County Board of Registrations and Elections, approved March 31, 1987 (Ga. L. 1987, p. 5381), as amended, is amended by revising Section 2 as follows:

"SECTION 2. (a) Until September 1, 2015, the board shall be composed of three members, each of whom shall be an elector and a resident of the county. Those members in office on the effective date of this section shall serve out the terms to which they were appointed and successors to such members shall be appointed in accordance with this section. (b) On and after September 1, 2015, the board shall be composed of five members, each of whom shall be an elector and a resident of the county. The members shall be appointed as provided in this section.

GEORGIA LAWS 2014 SESSION

3983

(c)(1) Two members shall be appointed by the county political party whose candidate for President of the United States at the last election preceding such nomination received the largest number of votes in the county, and two members shall be appointed by the county political party whose candidate for President of the United States at the last election preceding such nomination received the next largest number of votes in the county. (2) A political party appointment for membership on the board shall be made by the chairperson of the county executive committee of the political party nominating a qualified candidate and the candidate's nomination being ratified by a majority of the members of the county executive committee voting at a regularly scheduled meeting of the county executive committee or a meeting duly called and held for such purpose. In the event that such nomination is not ratified by a majority of the members of the county executive committee at least 60 days preceding the date on which such member is to take office, then the members of the county executive committee may nominate the member by a two-thirds' majority of the members of the county executive committee voting at a regularly scheduled meeting of the county executive committee or a meeting duly called and held for such purpose. In the event that the executive committee of a political party fails to make an appointment as provided in this paragraph at least 30 days preceding the date on which such member is to take office, the appointment shall be made by the county governing authority. The nominee of the chairperson or county executive committee shall be submitted to the county governing authority for appointment. If the county governing authority rejects a nominee, the chairperson or county executive committee shall submit another nominee. (3) The fifth member of the board shall be, ex officio, the chief registrar of the county, who shall be designated as the chairperson of the board. (4) The two additional members who take office on September 1, 2015, shall be appointed as provided in paragraph (2) of this subsection, with one member being nominated by each political party. The member representing the county political party whose candidate for President of the United States at the last election preceding such nomination received the largest number of votes in the county shall be appointed to an initial term of office to begin on September 1, 2015, and to end on August 31, 2017, and until his or her successor is appointed and qualified. The member representing the county political party whose candidate for President of the United States at the last election preceding such nomination received the next largest number of votes in the county shall be appointed to an initial term of office to begin on September 1, 2015, and to end on August 31, 2019, and until his or her successor is appointed and qualified. Successors to such members shall be appointed to serve terms of four years and until their respective successors are appointed and qualified."

SECTION 2. Said Act is further amended by revising Section 5 as follows:

3984

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"SECTION 5. Each member of the board shall:
(1) Except as provided in Section 2 of this Act, serve for a term of four years and until a successor is appointed and qualified, except in the event of resignation or removal as hereinafter provided; (2) Be eligible to succeed such member and shall have the right to resign at any time by giving written notice of such resignation to the respective appointing authority and to the clerk of superior court; and (3) Shall be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as is provided for the removal of registrars."

SECTION 3. Said Act is further amended by revising Section 7 as follows:

"SECTION 7. Before entering upon the duties of office, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest."

SECTION 4. Said Act is further amended by revising subsection (c) of Section 14 as follows:
"(c) The members of the board other than the chairperson shall receive as compensation for the performance of their duties on the board an amount of $200.00 each month."

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to amend an Act creating the Forsyth County Board of Registrations and Elections, approved March 31, 1987 (Ga. L. 1987, p. 5381), as amended, so as to increase the membership of the board; to provide for the appointment and terms of the additional members; to provide for compensation; to provide for related matters; to provide an effective date; and for other purposes.

GEORGIA LAWS 2014 SESSION

3985

s/Representative Mark Hamilton District 24

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mark Hamilton, who on oath deposes and says that he is the Representative from District 24 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Forsyth County News which is the official organ of Forsyth County on February 9, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MARK HAMILTON Mark Hamilton Representative, District 24

Sworn to and subscribed before me, this 19th day of February, 2014.

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

Approved April 10, 2014.

__________

FULTON COUNTY STATE COURT; FEES.

No. 416 (House Bill No. 1059).

AN ACT

To amend an Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), approved August 20, 1913 (Ga. L. 1913, p. 145), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 6045), so as to revise certain fees; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3986

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1. An Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), approved August 20, 1913 (Ga. L. 1913, p. 145), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 6045), is amended by revising subsections (a) and (c) of Section 49 as follows:
"(a) Except as otherwise provided in this Act, the filing cost, including the first judgment and fi. fa., for all suits or proceedings of any character, except garnishment and proceedings against tenant holding over, irrespective of how they shall be terminated, shall be $55.00 plus $8.00 for each defendant more than one. In addition, there shall be a $50.00, per copy, charge for serving copy of process and returning original by the marshal." "(c) The filing cost for a proceeding against tenant holding over, except as otherwise provided in this Act or where the writ of possession is executed, shall be $55.00 plus $8.00 for each defendant more than one. In addition, there shall be a $35.00, per copy, charge for serving copy of process and returning original by the marshal. Where it is necessary to apply for, execute, or apply for and execute the writ of possession there shall be a $75.00 charge for the application, execution, or application and execution."

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 2014 session of the General Assembly of Georgia a bill to amend an Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), approved August 20, 1913 (Ga. L. 1913, p. 145), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 6045), so as to revise the fees charged by the marshal for the application or execution of a writ of possession; and for other purposes.
Representative Wendell Willard District 51
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

GEORGIA LAWS 2014 SESSION

3987

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 January 17, 2014, 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 21st day of January, 2014.

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

Approved April 10, 2014.

__________

FULTON COUNTY CLERK OF SUPERIOR COURT; BUDGET ADMINISTRATION.

No. 417 (House Bill No. 1060).

AN ACT

To provide for the administration of the budget of the clerk of the Superior Court of Fulton County; to provide that the clerk of the Superior Court of Fulton County shall have oversight of the budget; to provide that the clerk, with the approval of the chief judge, shall be 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 clerk of the Superior Court of Fulton County shall have oversight of the budget of the clerk's office. After county funds have been appropriated for the operation of the clerk's

3988

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

office, the clerk, with the approval of the chief judge of the Superior Court of Fulton County, 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 clerk.

SECTION 3. Any unexpended county appropriated funds remaining with the office of the clerk 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.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to provide for the administration of the budget of the clerk of the Superior County of Fulton County; to provide that the Clerk of the Superior Court of Fulton County shall have oversight of the budget; to provide that the clerk, with the approval of the chief judge, shall be 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; and for other purposes.
Representative Wendell Willard District 51
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 January 28, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2014 SESSION

3989

s/ WENDELL WILLARD Wendell Willard Representative, District 51

Sworn to and subscribed before me, this 31st day of January, 2014.

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

Approved April 10, 2014.

__________

FULTON COUNTY JUVENILE COURT; BUDGET ADMINISTATION.

No. 418 (House Bill No. 1061).

AN ACT

To provide for the administration of the budget of the Fulton County Juvenile Court; to provide that the chief administrative officer shall have oversight of the budget; to provide that the chief administrative officer, with the approval of the chief judge, shall be 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 chief administrative officer of the Fulton County Juvenile Court shall have oversight of the court's budget. After county funds have been appropriated for the operation of the court, the chief administrative officer, with the approval of the chief judge of the juvenile court, 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 chief administrative officer.

3990

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to provide for the administration of the budget of the Fulton County Juvenile Court; to provide that the chief administrative officer shall have oversight of the budget; to provide that the chief administrative officer, with the approval of the chief judge, shall be 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; and for other purposes.
Representative Wendell Willard District 51
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 January 24, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ WENDELL WILLARD Wendell Willard Representative, District 51

GEORGIA LAWS 2014 SESSION

3991

Sworn to and subscribed before me, this 28th day of January, 2014.

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

Approved April 10, 2014.

__________

WHEELER COUNTY JUDGE OF PROBATE COURT; NONPARTISAN ELECTIONS.

No. 419 (House Bill No. 1067).

AN ACT

To provide that future elections for the office of probate judge of Wheeler County shall be nonpartisan elections; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. All elections for the office of probate judge of Wheeler 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 nonpartisan general election immediately preceding the expiration of each respective term of 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 Wheeler 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.

3992

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to provide that future elections for the office of probate judge of Wheeler County shall be nonpartisan elections to provide for related matters; to provide an effective date; and for other purposes.
Representative Jimmy Pruett District 149
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 Wheeler County Eagle which is the official organ of Wheeler County on February 19, 2014, 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 24th day of February, 2014.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 [SEAL]
Approved April 10, 2014.

GEORGIA LAWS 2014 SESSION

3993

WHEELER COUNTY CORONER; NONPARTISAN ELECTIONS.

No. 420 (House Bill No. 1068).

AN ACT

To provide that future elections for the office of coroner of Wheeler County shall be nonpartisan elections; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. All elections for the office of coroner of Wheeler 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 nonpartisan general election immediately preceding the expiration of each respective term of 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 coroner of Wheeler County in office on the effective date of this Act. The sitting coroner shall serve out the term of office for which such coroner was elected and shall be eligible to succeed himself or herself as provided in this Act.

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.

LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to provide that future elections for the office of coroner of Wheeler County shall be nonpartisan elections to provide for related matters; to provide an effective date; and for other purposes.

3994

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Representative Jimmy Pruett District 149

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 Wheeler County Eagle which is the official organ of Wheeler County on February 19, 2014, 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 24th day of February, 2014.

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

Approved April 10, 2014.

__________

IRWIN COUNTY BOARD OF COMMISSIONERS; COMPENSATION OF CHAIRPERSON.

No. 421 (House Bill No. 1069).

AN ACT

To amend an Act creating the board of commissioners of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by an Act approved April 4, 1977 (Ga. L. 1977, p. 3934), so as to provide the salary of the chairperson of the Irwin County Board of Commissioners; to provide for an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2014 SESSION

3995

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the board of commissioners of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by an Act approved April 4, 1977 (Ga. L. 1977, p. 3934), is amended by revising subsection (b) of Section 6 as follows:
"(b) The chairperson shall receive a salary of not less than $40,967.92, payable in equal monthly payments from the funds of Irwin County."

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 hereby given there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to provide for an increase in the annual salary of the Chairman of Board of Commissioners of Irwin County, Georgia; to provide for other matters relative to the foregoing; and for other purposes allowed by law.
This the 24th day of January, 2014.
Joey Whitley, Chairman Irwin County Board of Commissioners
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jay Roberts, who on oath deposes and says that he is the Representative from District 155 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 29, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JAY ROBERTS Jay Roberts Representative, District 155

3996

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 24th day of February, 2014.

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

Approved April 10, 2014.

__________

CITY OF WINDER REDEVELOPMENT POWERS; REFERENDUM.

No. 422 (House Bill No. 1071).

AN ACT

To authorize the City of Winder 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 Winder 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 Winder 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 Winder 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. The election superintendent of the City of Winder 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 Winder for approval or rejection. The election superintendent shall conduct such election

GEORGIA LAWS 2014 SESSION

3997

on the earliest practical date under Code Section 21-2-540 of the O.C.G.A. and shall issue the call and conduct such election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Winder. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City of Winder to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may
( ) NO be amended from time to time, for the purpose of improving economic and social conditions in depressed areas within the county?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 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 such election date. The expense of such election shall be borne by the City of Winder. 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 2014 session of the General Assembly of Georgia a bill to authorize the City of Winder 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 Terry England District 116

3998

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry England, who on oath deposes and says that he is the Representative from District 116 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Barrow County News which is the official organ of Barrow County on February 16, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TERRY ENGLAND Terry England Representative, District 116

Sworn to and subscribed before me, this 24th day of February, 2014.

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

Approved April 10, 2014.

__________

CITY OF STATHAM REDEVELOPMENT POWERS; REFERENDUM.

No. 423 (House Bill No. 1072).

AN ACT

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2014 SESSION

3999

SECTION 1. The City of Statham 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 Statham 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 Statham 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. The election superintendent of the City of Statham 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 Statham for approval or rejection. The election superintendent shall conduct such election on the earliest practical date under Code Section 21-2-540 of the O.C.G.A. and shall issue the call and conduct such election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Statham. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City of Statham to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may
( ) NO be amended from time to time, for the purpose of improving economic and social conditions in depressed areas within the county?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 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 such election date. The expense of such election shall be borne by the City of Statham. 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.

4000

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 2014 session of the General Assembly of Georgia a bill to authorize the City of Statham 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 Terry England District 116

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry England, who on oath deposes and says that he is the Representative from District 116 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Barrow County News which is the official organ of Barrow County on February 16, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TERRY ENGLAND Terry England Representative, District 116

Sworn to and subscribed before me, this 24th day of February, 2014.

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

Approved April 10, 2014.

__________

GEORGIA LAWS 2014 SESSION

4001

CITY OF BETHLEHEM REDEVELOPMENT POWERS; REFERENDUM.

No. 424 (House Bill No. 1073).

AN ACT

To authorize the City of Bethlehem 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 Bethlehem 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 Bethlehem 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 Bethlehem 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. The election superintendent of the City of Bethlehem 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 Bethlehem for approval or rejection. The election superintendent shall conduct such election on the earliest practical date under Code Section 21-2-540 of the O.C.G.A. and shall issue the call and conduct such election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Bethlehem. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City of Bethlehem to exercise redevelopment powers under the 'Redevelopment Powers Law,' as
( ) NO it may be amended from time to time, for the purpose of improving economic and social conditions in depressed areas within the county?"

4002

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following such election date. The expense of such election shall be borne by the City of Bethlehem. 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 2014 session of the General Assembly of Georgia a bill to authorize the City of Bethlehem 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 Terry England District 116
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry England, who on oath deposes and says that he is the Representative from District 116 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Barrow County News which is the official organ of Barrow County on February 16, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ TERRY ENGLAND Terry England Representative, District 116

GEORGIA LAWS 2014 SESSION

4003

Sworn to and subscribed before me, this 24th day of February, 2014.

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

Approved April 10, 2014.

__________

WHITFIELD COUNTY REDEVELOPMENT POWERS; REFERENDUM.

No. 425 (House Bill No. 1075).

AN ACT

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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

SECTION 2. The election superintendent of Whitfield County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Whitfield County for approval or rejection. The election superintendent shall conduct that election on

4004

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

any permissible special election 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 superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Whitfield County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes Whitfield County to exercise 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 Whitfield County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to authorize Whitfield County to exercise all redevelopment and other powers under Article IX, Section II, ParagraphVII(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 Bruce Broadrick District 4

GEORGIA LAWS 2014 SESSION

4005

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bruce Broadrick, who on oath deposes and says that he is the Representative from District 4 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Citizen which is the official organ of Whitfield County on February 20, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BRUCE BROADRICK Bruce Broadrick Representative, District 4

Sworn to and subscribed before me, this 24th day of February, 2014.

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

Approved April 10, 2014.

__________

CITY OF KINGSLAND COMMUNITY IMPROVEMENT DISTRICTS; DEBT OF DISTRICT.

No. 426 (House Bill No. 1086).

AN ACT

To amend an Act creating one or more community improvement districts in the City of Kingsland, approved May 6, 2013 (Ga. L. 2013, p. 4135), so as to change a certain provision relating to debts 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:

4006

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1. An Act creating one or more community improvement districts in the City of Kingsland, approved May 6, 2013 (Ga. L. 2013, p. 4135), is amended by revising subsection (a) of Section 11, relating to bonds, as follows:
"(a) Notes or other obligations issued by a district other than general obligation bonds may be paid solely from the property pledged to pay such notes or other obligations or may constitute general obligations of the district to the repayment of which the full faith and credit and taxing power of the district shall be pledged. 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."

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 2014 session of the General Assembly of Georgia a bill to amend an Act creating one or more community improvement districts in the City of Kingsland, approved May 6, 2013 (Ga. L. 2013, p. 4135); to provide for related matters; and for other purposes.
(s) Ellis Black 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 Tribune & Georgian which is the official organ of Camden County on February 20, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ELLIS BLACK Ellis Black Representative, District 174

GEORGIA LAWS 2014 SESSION

4007

Sworn to and subscribed before me, this 25th day of February, 2014.

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

Approved April 10, 2014.

__________

CITY OF ARLINGTON NEW CHARTER.

No. 427 (House Bill No. 1090).

AN ACT

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

4008

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.

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

SECTION 1.11. Corporate boundaries.

(a) The boundaries of the city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, or a written description, retained permanently in the city hall for the City of Arlington, Georgia, and to be identified by the city clerk as the "Official Map (or Description) of the Corporate Limits of the City of Arlington, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

SECTION 1.12. Powers and construction.

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

SECTION 1.13. Specific powers.

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

GEORGIA LAWS 2014 SESSION

4009

in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder. (2) Appropriations and Expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter or for municipalities by the laws of the State of Georgia; and to provide for the payment of expenses of the city. (3) Building Regulations. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades. (4) Business Regulation and Taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the Official Code of Georgia Annotated, or other such applicable laws as are or may thereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees. (5) Condemnation. To condemn property inside or outside the corporate limits of the city for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in the Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted. (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations. (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists, within or outside of the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city. (8) Environmental Protection. To protect and preserve the natural resources, environment, and vital areas of the city through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment. (9) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof. (10) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services, or to whom such services are available; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges.

4010

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

GEORGIA LAWS 2014 SESSION

4011

(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 policemen and to establish, operate, or contract for a police department and a fire-fighting agency. (25) Public Hazards; Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public. (26) Public Improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, and playgrounds, recreational facilities, cemeteries, markets, and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under procedures provided in the Official Code of Georgia Annotated, or such other applicable laws are or may hereafter be enacted. (27) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances. (28) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial. (29) Public Utilities and Services. To grant franchises or make contracts for, or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission. (30) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within the view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances. (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city. (32) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon or close, construct, pave, curb, gutter, provide drainage for, adorn, with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways, within the corporate limits of the city; and to grant 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

4012

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so. (33) Sewer Fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sanitary sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system. (34) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by others; to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials; and to provide for the sale of such items. (35) Special Areas of Public Regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and hearing equipment, and any other business or situation which the city may deem to be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performance, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortune-telling, palmistry, adult bookstores, and massage parlors. (36) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements. (37) Taxes; Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation. (38) Taxes; Other. To levy and collect such other taxes as may be allowed now or in the future by law. (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles. (40) Urban Redevelopment. To organize and operate an urban redevelopment program. (41) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition

GEORGIA LAWS 2014 SESSION

4013

to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.14. Exercise of powers.

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

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

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

SECTION 2.11. City council, terms, and qualifications for office.

The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless that person shall have been a resident of the city for one year prior to the date of the election; each person holding city office shall continue to reside therein during his or her period of service and to be registered and qualified to vote in municipal elections of this city. Persons shall also be subject to other qualifications as provided by general law.

SECTION 2.12. Vacancy; filling of vacancies.

(a) Vacancies. The office of mayor or council member shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. Provided however, the office of mayor and council member shall become vacant upon the unexcused absence of the holder of office from four consecutive regularly scheduled meetings of the city council. Excused absences shall be granted by a majority vote

4014

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

of the remaining city council members and the mayor as provided in Section 2.21 and shall be entered upon the minutes of the council meeting. (b) Filling of Vacancies. A vacancy in the officer of mayor or council member shall be filled for the remainder of the unexpired term, if any, by appointment by the remaining council members if less than six months remain in the unexpired term; otherwise, an election shall be held, as provided for in Section 5.14 of this charter, and in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated, or other such laws as are or may hereafter be enacted.

SECTION 2.13. Compensation and expenses.

The mayor and council members shall receive compensation and expenses for their services as established by ordinance adopted in accordance with general law.

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

(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested. (c) Conflicts of Interest - No elected official, appointed officer, or employee of the city or an agency or political entity to which this charter is applicable shall knowingly violate the Conflict of Interest provisions of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, provisions in this charter, and other applicable laws of this state. (d) Code of Ethics - No elected official, appointed officer, or employee of the city or an agency or political entity to which this charter is applicable shall knowingly violate the Code of Ethics provisions of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, provisions in this charter, and other applicable laws of this state.

SECTION 2.15. Inquiries and investigations.

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

GEORGIA LAWS 2014 SESSION

4015

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

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

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

SECTION 2.18. Organizational meetings.

The city council shall hold an organizational meeting on the first meeting in January following the regular election, as provided for in Section 5.11. The meeting shall be called to order by the city clerk, and the oath of office shall be administered to the newly-elected members as follows:
"I ____________________ do solemnly swear or affirm that I will properly perform the duties of the office of ____________________ in and for the City of Arlington, Georgia, to the best of my knowledge, skill, and ability; that I am not the holder of any unaccounted for public money due to the State of Georgia or any political subdivision or authority thereto; that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state, which I am by the laws of the State of Georgia prohibited from holding; that I am qualified to hold the office which I am about to enter according to the Constitution and laws of the State of Georgia; that I will support the Constitution of the United States and the State of Georgia; that I have been a resident of the post from which elected and the City of Arlington, Georgia, for the time required by the Constitution and laws of the State of Georgia and the charter of the City of Arlington, Georgia, so help me God."

4016

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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, mayor pro tempore or two members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such 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, et seq. of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted.

SECTION 2.20. Rules of procedure.

(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committees and committee chairs and officers of the city council shall be appointed by the mayor 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) Four council members, other than the mayor, or the mayor and three council members shall constitute a quorum and shall be authorized to transact business of the city council. (b) 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. (c) Except as otherwise provided in this charter, the affirmative vote of the majority of the council at any meeting shall be required for the adoption of any ordinance, resolution, or motion. The mayor shall vote in the event of a tie or when an affirmative or negative vote of the mayor constitutes a majority of four votes.

GEORGIA LAWS 2014 SESSION

4017

(d) An abstention shall not be counted as either an affirmative or negative vote. (e) In the event the event that a council member fails to voice his or her vote, the failure to voice a vote shall be considered an acquiescence and counted as an affirmative vote. (f) Unless otherwise specified, the terms "majority" or "majority vote" will mean a majority vote of the council when a vote is required under this charter, ordinances, and resolutions of the city.

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 "As is hereby ordained by the governing authority of the City of Arlington, Georgia," and every ordinance shall so begin. (b) An ordinance may be introduced by a council member and may be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.

SECTION 2.23. Action requiring an ordinance.

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

SECTION 2.24. Emergencies.

(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene by call of the mayor, mayor pro tempore or three council members and promptly adopt an emergency ordinance or resolution, but such ordinance or resolution may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money, except for loans to be repaid within 30 days. (b) An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency in clear specific terms.

4018

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(c) An emergency ordinance or resolution may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of three council members shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. (d) Every emergency ordinance or resolution shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent re-enactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (e) Such meetings shall be open to the public to the extent required by law, and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1, et seq. of the Official Code of Georgia Annotated, or other applicable laws as are or may hereafter be enacted.

SECTION 2.25. Code of technical regulations.

(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally, except that: (1) the requirements of Section 2.22(b) 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. (b) Copies of any adopted code of technical regulations shall be made available by the city clerk for inspection by the public.

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

(a) The city clerk shall authenticate, by the city clerk's signature and record in full, in a properly indexed book kept for that purpose, all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto, and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Arlington, Georgia." Copies of the code shall be furnished to all officers, department, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council.

GEORGIA LAWS 2014 SESSION

4019

(c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

SECTION 2.27. Election of mayor; forfeiture; compensation.

The mayor shall be elected and serve for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for one year preceding the election. The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedure as for council members. The compensation of the mayor shall be established in the same manner as for council members.

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 of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Exercise supervision over all executive and administrative work of the city and over all employees and departments of the city and provide for the coordination of administrative activities; (3) Hire and fire city personnel subject to the approval of the city council; (4) Prepare and submit to the council members a recommended operating budget and capital budget; (5) Submit to the council members at least once a year a statement covering the financial conditions of the city and from time to time such other information as the council members may request;

4020

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(6) Recommend to the council members 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; (7) Call special meetings of the council members as provided for in subsection (b) of Section 2.19 of this charter; (8) Preside at all meetings of the city council and vote only in the event of a tie or when an affirmative or negative vote of the mayor constitutes a majority of four votes; (9) 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; (10) Provide for an annual audit of all accounts of the city; (11) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; (12) Have power to administer oaths and take affidavits; (13) 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 (14) Perform such other duties as may be required by law, this charter, or ordinance.

SECTION 2.30. Mayor pro tempore.

By a majority vote, the city council shall elect a council member to serve as mayor pro tempore at the first meeting in January of every year. In the mayor's absence, the mayor pro tempore shall preside at meetings of the city council and assume the duties and powers of the mayor upon the mayor's physical or mental disability. The mayor pro tempore shall vote as a member of the council at all times when serving as herein provided.

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

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

GEORGIA LAWS 2014 SESSION

4021

(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, upon approval from the city council, unless otherwise provided by law or ordinance.

SECTION 3.11. Council interference with administration.

(a) At the first meeting in January of every year, the mayor shall appoint two council members to oversee each department of the city. If the mayor fails to make the appointments within 60 days of the first meeting, the city council may make such appointment by a majority vote of the council. (b) With regard to the carrying out the duties of their employment, council members are allowed to communicate directly with the employees in the departments over which the council member is assigned to oversee. (c) If a council member has any grievance, issue, or concern with a department or employee of a department which the council member does not oversee, the matter should be addressed with the council member who is directly over the department or employee. If the matter cannot be resolved, the council member with the grievance, issue, or concern may address such with the city council.

SECTION 3.12. 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.

4022

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at-will and may be removed at any time by a vote of three members of the city council, unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chair and one member as vice chair and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.

SECTION 3.13. City attorney.

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

SECTION 3.14. City clerk.

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

GEORGIA LAWS 2014 SESSION

4023

SECTION 3.15. At-will employment.

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 Arlington, Georgia.

SECTION 4.11. Judges; 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 of the Municipal Court unless that person shall have attained the age of 21 years and shall possess all the qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at-will and may be removed from office at any time by the city council, unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given before the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20.

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.

4024

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(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, imprisonment for 180 days, or such fine and imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law. (d) The Municipal Court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The Municipal Court shall have authority to establish bail and recognizance to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash, or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time, and an execution shall be issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place affixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The Municipal Court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The Municipal Court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants, which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the Municipal Court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the Municipal Court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.

SECTION 4.14. Certiorari.

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

GEORGIA LAWS 2014 SESSION

4025

SECTION 4.15. Rules for court.

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

SECTION 4.16. Indigent defense and prosecutor.

The mayor and council shall have the power to provide for a system of defense for indigent persons charged in the Municipal Court of the City of Arlington, Georgia, with violations of ordinances or state laws, and for the prosecution of such cases by a prosecutor, and to provide for and require the expense of same to be prorated over all criminal cases disposed of by the court, and all bond forfeitures in said cases, to be imposed by the Municipal Court judge and collected in all criminal cases and in bond forfeitures in such cases as costs in addition to fines, penalties, and all other costs.

ARTICLE V ELECTIONS SECTION 5.10. Applicability of general law.

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

SECTION 5.11. Regular elections; time for holding.

(a) Beginning in 2015, and every four years thereafter, on the Tuesday following the first Monday in November, there shall be an election for city council members for Posts 1, 2, and 3, or otherwise held in accordance with Georgia election law. (b) Beginning in 2017, and every four years thereafter, on the Tuesday following the first Monday in November, there shall be an election for mayor and city council members for Posts 4, 5, and 6, or otherwise held in accordance with Georgia election law. (c) The terms of office shall begin at the organizational meeting as provided for in Section 2.18.

4026

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(d) The mayor and council members who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified.

SECTION 5.12. Nonpartisan election.

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

SECTION 5.13. Election by majority.

The mayor and council members shall be elected from the city at large. Candidates for city council shall qualify for a specified post at the time of qualifying. The person receiving a majority of the votes cast in the city election for the office of mayor shall be elected. The persons receiving a majority of the votes cast in the city election for each of the city council posts shall be elected to the respective post.

SECTION 5.14. Special elections; vacancies.

In the event that the office of mayor or council member shall become vacant, as provided in Section 2.12 of this charter, the city council or those remaining shall appoint a successor for the remainder of the term if such vacancy occurs within six months of the expiration of the term of that office; provided, if such vacancy occurs with more than six months remaining before the expiration of the term of that office, the city council shall order a special election to fill the balance of the unexpired term of such official. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," as 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 Official Code of Georgia Annotated, the "Georgia Election Code," as now or hereafter amended.

GEORGIA LAWS 2014 SESSION

4027

SECTION 5.16. Removal of officers.

(a) The mayor, council members, or other appointed officers as provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than 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 impartial panel to the Superior Court of Calhoun County, Georgia. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (2) By an order of the Superior Court of Calhoun County, Georgia, following a hearing on a complaint seeking such removal brought by any resident of the City of Arlington, Georgia.

ARTICLE VI FINANCE
SECTION 6.10. Property tax.

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

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

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

4028

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 6.12. Occupation and business taxes.

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

SECTION 6.13. Regulatory fees; permits.

The city council, by ordinance, shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city for regulating the activity and, if unpaid, shall be collected as provided in Section 6.18.

SECTION 6.14. Franchise.

(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 thereof. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide, by ordinance, for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television, and other telecommunication companies, gas companies, transportation companies, and other similar organizations.

GEORGIA LAWS 2014 SESSION

4029

SECTION 6.15. Service charges.

The city council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18.

SECTION 6.16. Special assessments.

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

SECTION 6.17. Construction; other taxes and fees.

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

SECTION 6.18. Collection of delinquent taxes and fees.

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

SECTION 6.19. General obligation bonds.

The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the

4030

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.

SECTION 6.20. Revenue bonds.

Revenue bonds may be issued by the 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-terms loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.

SECTION 6.22. Lease-purchase contracts.

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

SECTION 6.23. Fiscal year.

(a) The city council shall set the fiscal year by ordinance, local law, or appropriate resolution in compliance with the provisions of Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated or other such laws as are or may hereafter be enacted. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each year and every office, department, agency, and activity of the city government. (b) All steps taken with regard to the preparation, submission, and adoption of a budget for the fiscal year shall be made in compliance with the provisions of Chapter 81 of Title 36 of the Official Code of Georgia Annotated or other such laws as are or may hereafter be enacted.

GEORGIA LAWS 2014 SESSION

4031

SECTION 6.24. Preparation of budgets.

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

SECTION 6.25. Submission of operating budget to city council.

On or before a date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating and capital budgets hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

SECTION 6.26. Action by city council on budget.

(a) The city council may amend the operating budget proposed by the mayor, except that the budget amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance or resolution shall adopt the final operating budget for the ensuing fiscal year not later than 60 days after the beginning of the fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuring fiscal year. Adoption of the budget shall take the form of an appropriations ordinance or resolution setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance or resolution adopted pursuant to Section 6.24.

4032

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 6.27. Tax levies.

The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.

SECTION 6.28. Changes in appropriation.

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

SECTION 6.29. Independent audit.

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

SECTION 6.30. Contracting procedures.

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

GEORGIA LAWS 2014 SESSION

4033

SECTION 6.31. Centralized purchasing.

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

SECTION 6.32. Sale and lease of city property.

(a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes, as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey said cut off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the 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. All actions shall be made in accordance with applicable law.

ARTICLE VII MISCELLANEOUS
SECTION 7.10. Bonds for officials.

The officers and employees of this city, both elected and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.

4034

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

SECTION 7.12. 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. Specific repealer.

An Act incorporating the City of Arlington, in the County of Calhoun, State of Georgia, approved April 10, 1971 (Ga. L. 1971, p. 3885), as amended, is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. All other laws and parts of laws in conflict with this charter are hereby repealed.

GEORGIA LAWS 2014 SESSION

4035

SECTION 7.16. Effective date.

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

SECTION 7.17. General repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to repeal an Act providing for a Charter incorporating the City of Arlington, Georgia, approved April 10, 1971 (Ga. l. 1971 p. 3885), as amended, so as to provide for a new Charter for the City of Arlington, Georgia, to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore, and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions and authorities to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchise service charges and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for conveyance of property; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide for referendum, effective dates, and automatic repeal, to repeal conflicting laws, and for other purposes.

4036

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

This 12th day of February, 2014

/s/ Gerald Greene Hon Representative Gerald Greene District 151 Georgia House of Representatives

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 Times which is the official organ of Calhoun County on February 19, 2014, 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 26th day of February, 2014.

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

Approved April 10, 2014.

__________

GEORGIA LAWS 2014 SESSION

4037

FAYETTE COUNTY FAYETTE COUNTY PUBLIC FACILITIES AUTHORITY; STORM-WATER MANAGEMENT SYSTEMS.

No. 428 (House Bill No. 1092).

AN ACT
To amend an Act creating the Fayette County Public Facilities Authority, approved March 13, 1978 (Ga. L. 1978, p. 3377), so as to grant the authority power with regard to storm-water management systems; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Fayette County Public Facilities Authority, approved March 13, 1978 (Ga. L. 1978, p. 3377), is amended by revising subsection (b) of Section 3 as follows:
"(b) The word 'project' shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of buildings and the usual facilities, furnishings, equipment, and real and personal property related thereto, and extensions and improvements of such buildings, equipment, facilities, and property, the acquisition of the necessary property therefor, both real and personal, and the lease and sale of any part or all of such buildings, facilities, furnishings, and equipment, including real and personal property, so as to assure the efficient and proper development, maintenance, and operation of such facilities and areas, deemed by the authority to be necessary, convenient, or desirable. Such word shall also be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of facilities constituting a storm-water management system."
SECTION 2. Said Act is further amended by adding a new subsection to Section 3 to read as follows:
"(f) The term 'storm-water management system' shall mean the structural and nonstructural storm-water drainage systems, facilities, operations, and programs that address the issues of drainage management, including flooding, and environmental quality, including pollution, erosion, and sedimentation, of receiving rivers, streams, creeks, lakes, ponds, and reservoirs through improvements, maintenance, regulation, and funding of plants, works, instrumentalities, and properties used or useful in the collection, retention, detention, and treatment of storm-water or surface-water drainage."
SECTION 3. Said Act is further amended by revising Section 23 as follows:

4038

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"Section 23. Without limiting the generality of any provisions of this Act, the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, and operating buildings and the usual facilities, furnishings, equipment, and property related thereto, and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring parking areas in connection therewith, acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the authority, necessary, convenient, or desirable for and incident to the efficient and proper development and operation of such types of undertakings. In addition, the general purpose of the authority shall include that of acquiring, constructing, equipping, maintaining, and operating facilities constituting a storm-water management system."

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 2014 session of the General Assembly of Georgia a bill to amend an Act creating the Fayette County Public Facilities Authority, approved March 13, 1978 (Ga. L. 1978, p. 3377); and for other purposes.
Representative John Yates District 73
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 19, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ REP. JOHN YATES John Yates Representative, District 73

GEORGIA LAWS 2014 SESSION

4039

Sworn to and subscribed before me, this 25th day of February, 2014.

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

Approved April 10, 2014.

__________

CITY OF EATONTON HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM.

No. 429 (House Bill No. 1093).

AN ACT

To provide for a homestead exemption from City of Eatonton ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Eatonton, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (b) Each resident of the City of Eatonton is granted an exemption on that person's homestead from City of Eatonton ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the governing authority of the City of Eatonton, or the designee thereof, giving such information relative to receiving

4040

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

such exemption as will enable the governing authority of the City of Eatonton, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such person for such exemption. The governing authority of the City of Eatonton, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the person granted the homestead exemption under subsection (b) of this section occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Eatonton, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to City of Eatonton ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2015.

SECTION 2. The municipal election superintendent of the City of Eatonton 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 Eatonton for approval or rejection. The municipal election superintendent shall conduct that election on the date of the 2014 November general election and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Putnam 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 Eatonton ad valorem taxes for municipal purposes in the amount of
( ) NO $10,000.00 of the assessed value of the homestead for residents of that city?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect 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

GEORGIA LAWS 2014 SESSION

4041

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

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia, a bill to provide for a homestead exemption from City of Eatonton ad valorem taxes for municipal purposes; to specify the terms and conditions of the exemption and the procedures relating thereto; to repeal conflicting laws; and for other purposes.
For more information call City of Eatonton (706) 485-3311
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 February 13, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MICKEY CHANNELL Mickey Channell Representative, District 120

4042

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 25th day of February, 2014.

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

Approved April 10, 2014.

__________

CITY OF EATONTON HOMESTEAD EXEMPTION; CITY TAXES; BASE YEAR; SENIOR CITIZENS; REFERENDUM.

No. 430 (House Bill No. 1094).

AN ACT

To provide for a homestead exemption from City of Eatonton ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for residents of that county 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 municipal purposes" means all municipal ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Eatonton, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under subsection (b) of this section is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include not more than five contiguous acres of homestead property.

GEORGIA LAWS 2014 SESSION

4043

(4) "Senior citizen" means a person who is 70 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. (b) Each resident of the City of Eatonton who is a senior citizen is granted an exemption on that person's homestead from City of Eatonton ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead. This exemption shall not apply to taxes assessed on improvements to such homestead or additional land that is added to such homestead after January 1 of the base year. If any real property is removed from such homestead, the base year assessed value shall be adjusted to reflect such removal, and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the governing authority of the City of Eatonton, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Eatonton, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such person for such exemption. The governing authority of the City of Eatonton, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the person granted the homestead exemption under subsection (b) of this section occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Eatonton, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to City of Eatonton ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2015.

SECTION 2. The municipal election superintendent of the City of Eatonton 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 Eatonton for approval or rejection. The municipal election superintendent shall conduct that election on the date of the 2014 November general election and shall issue the

4044

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 Putnam 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 Eatonton ad valorem taxes for municipal purposes in an amount equal to
( ) NO the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 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 the City of Eatonton. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia, a bill to provide for a homestead exemption from City of Eatonton ad valorem taxes for municipal purposes; to specify the terms and conditions of the exemption and the procedures relating thereto; to repeal conflicting laws; and for other purposes.
For more information call City of Eatonton (706) 485-3311
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

GEORGIA LAWS 2014 SESSION

4045

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 February 13, 2014, 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 25th day of February, 2014.

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

Approved April 10, 2014.

__________

CITY OF EATONTON HOMESTEAD EXEMPTION; CITY TAXES; BASE YEAR; REFERENDUM.

Act No. 431 (House Bill No. 1095).

AN ACT

To provide for a homestead exemption from City of Eatonton ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Eatonton, including, but not

4046

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead; provided, however, that the tax commissioner shall adjust the base year assessed value annually by the lesser of 3 percent or the percentage change in the Consumer Price Index for all urban consumers, U. S. City Average, all items 1967-100, or successor report as reported by the United States Department of Labor Bureau of Labor Statistics. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include not more than five contiguous acres of homestead property. (b) Each resident of the City of Eatonton is granted an exemption on that person's homestead from City of Eatonton ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead. This exemption shall not apply to taxes assessed on improvements to such homestead or additional land that is added to such homestead after January 1 of the base year. If any real property is removed from such homestead, the base year assessed value shall be adjusted to reflect such removal, and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the governing authority of the City of Eatonton, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Eatonton, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such person for such exemption. The governing authority of the City of Eatonton, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the person granted the homestead exemption under subsection (b) of this section occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Eatonton, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of

GEORGIA LAWS 2014 SESSION

4047

any other homestead exemption applicable to City of Eatonton ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2015.

SECTION 2. The municipal election superintendent of the City of Eatonton 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 Eatonton for approval or rejection. The municipal election superintendent shall conduct that election on the date of the 2014 November general election and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Putnam 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 Eatonton ad valorem taxes for municipal purposes in an amount equal
( ) NO to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead?"
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 the City of Eatonton. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia, a bill to provide for a homestead exemption from City of Eatonton ad

4048

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

valorem taxes for municipal purposes; to specify the terms and conditions of the exemption and the procedures relating thereto; to repeal conflicting laws; and for other purposes.

For more information call City of Eatonton (706) 485-3311

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 February 13, 2014, 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 25th day of February, 2014.

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

Approved April 10, 2014.

__________

MACON-BIBB COUNTY COMMUNITY IMPROVEMENT DISTRICTS; CREATION.

No. 432 (House Bill No. 1097).

AN ACT

To provide for the creation of one or more community improvement districts in Macon-Bibb County; to provide for a short title; to provide for the purposes of said district or districts; to

GEORGIA LAWS 2014 SESSION

4049

provide for definitions; to provide for a board to administer said district or districts; to provide for the appointment and election of members of said board or boards; to provide for taxes, fees, and assessments; to provide for establishment of the boundaries of said district or districts; to provide for a tax cap; to provide for the alteration of district boundaries and the practices, procedures, and requirements related thereto; to provide for debt of said district or districts; to provide for cooperation with local governments; to provide for powers of said boards; to provide for bonds, notes, and other obligations of said district or districts; to provide for authorized contents of agreements and instruments of the board generally, use of proceeds of bonds, notes, or other obligations, and subsequent issue of bonds, notes, or other obligations; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolution; 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 "Macon-Bibb 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 Macon-Bibb County, and such district or districts may be created for the provision of some or all of the following governmental services and facilities as provided and authorized by Article IX, Section VII of the Constitution of the State of Georgia and the resolution activating each district created hereby, or as may be adopted by resolutions of the majority of the electors and the majority of the equity electors voting at a caucus of electors, or hereafter amended or supplemented as provided for by law, including, but not limited to:
(1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices and services to control the flow of traffic on streets and roads or services in connection therewith; (2) Parks and recreational areas and facilities and services; (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 automobile traffic, to transport two or more persons in conveyances, to improve

4050

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

air quality, and to provide bicycle and pedestrian facilities and the operation of a traffic management association or similar entity and services; (6) Terminal and dock facilities and parking facilities and services; and (7) Such other services and facilities as may be provided for by general law or as the Georgia Constitution may authorize or provide now or hereafter.

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, 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 administrative body created for the governance of a community improvement district herein authorized. (3) "Bonds," or "general obligation bonds," means any bonds of a district which are authorized to be issued under the Constitution and laws of Georgia, including refunding bonds but not including notes or other obligations. (4) "Caucus of electors" means a meeting of electors herein provided. A quorum at such caucus shall consist of those electors present. Notice of a caucus of electors shall be given by publishing notice thereof in the legal organ of Macon-Bibb County at least once each week for four weeks prior to such caucus. (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; 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 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, accounting, and legal services and all expenses incurred by engineers, surveyors, architects, accountants, and attorneys in connection with any project;

GEORGIA LAWS 2014 SESSION

4051

(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. (6) "District" means the geographical area designated as such by the resolution of the governing body of Macon-Bibb County consenting to the creation of the community improvement district or districts 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 hereto, as the context requires or permits. (7) "Elector" means an owner of real property within the given district which is subject to taxes, fees, and assessments levied by the board, as it appears on the most recent ad valorem real property tax return records of Macon-Bibb County, or one officer or director of a corporate elector, one trustee of a trust which is an elector, one partner of a partnership elector, or one designated representative of an elector whose designation is made in writing. An owner of property that is subject to taxes, fees, or assessments levied by the board shall have one vote for an election based on numerical majority. An owner of multiple parcels has one vote, not one vote per parcel, for an election based on numerical majority. Multiple owners of one parcel have one vote for an election based on numerical majority which must be cast by one representative 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

4052

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 Macon-Bibb County Board of Tax Assessors. (9) "Equity elector" means an elector who casts votes equal to each $1,000.00 value of all of its owned real property within the given district which is then subject to taxes, fees, and assessments levied by the board. (10) "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. The term does not include the casual growing of trees on land otherwise idle or held for investment, even though some harvesting of trees may occur thereon. (11) "Hereby," "herein," "hereunder," and "herewith" mean under this Act. (12) "Project" means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements, including operation of facilities or other improvements, located or to be located within or otherwise providing service to the district and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement; the creation, provision, enhancement, or supplementing of public services (such as fire, police, or other services), provided that same do not conflict with or duplicate existing public services; and all for the public purposes set forth in Section 2 of this Act. (13) "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 Macon-Bibb County within the district, said record being declared prima-facie proof of ownership. (14) "Property used nonresidentially" means property or any portion thereof used for neighborhood shopping, planned shopping centers, 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 aforementioned uses which do not include residential. (15) "Residential" means a specific structure, work, or improvement undertaken primarily to provide either single family or multifamily dwelling accommodations for persons and families and such community facilities as may be incidental or appurtenant thereto. (16) "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

GEORGIA LAWS 2014 SESSION

4053

parcel shall constitute one taxpayer and shall designate in writing one person to represent the whole. (17) "Value" or "assessed value" of property means the values established in the most recent ad valorem tax reassessment of such properties certified by the Macon-Bibb County Board of Tax Assessors.

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 Macon-Bibb County, Georgia, which shall be activated upon compliance with the conditions set forth in this section. The conditions for such activation shall be:
(1) The adoption of a resolution consenting to the creation of the community improvement district or districts by the governing authority for Macon-Bibb County; and (2) The written consent to the creation of the community improvement district by:
(A) A majority of the owners of real property within the given district which will be subject to taxes, fees, and assessments levied by the board of the given district; and (B) The owners of real property within the given 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 Macon-Bibb County ad valorem tax digest. The written consents provided for in this paragraph shall be submitted to the Macon-Bibb County Tax Commissioner, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to such proposed district. The district or districts or respective board or boards created under this Act shall not transact any business or exercise any powers under this Act until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State and the Georgia Department of Community Affairs, who shall each maintain a record of all districts activated under this Act.

SECTION 5. Administration, appointment, and election of board members.

(a) Each district created pursuant hereto shall be administered by a board composed of a minimum of seven board members to be appointed and elected as hereinafter provided. One board member shall be appointed by the Macon-Bibb County Commission to serve in Post 7. Three board members shall be elected to Posts 1, 2, and 3 by a majority vote of the elector votes, and three board members shall be elected to Posts 4, 5, and 6 by a majority of the equity elector votes. The initial term of office for the members representing Posts 1 and 4 shall be one year. The initial term of office for the members representing Posts 2 and 5 shall

4054

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

be two years, and the initial term of office of the members representing Posts 3 and 6 shall be three years. Thereafter, all terms of office shall be for three years, except the appointed board member who shall serve at the pleasure of the Macon-Bibb County Commission. (b) The initial board members to be elected as provided in subsection (a) of this section shall be elected in a caucus of electors which shall be held within 60 days after the adoption of the resolution by the Macon-Bibb County Commission consenting to the creation of the district, pursuant to the certification by the Macon-Bibb County Tax Commissioner of the written consents herein provided, at such time and place within the district as the Macon-Bibb County Commission shall designate after notice thereof shall have been given to said electors by publishing same in the legal organ of Macon-Bibb County as hereinafter provided. Thereafter, there shall be conducted annually, not later than 60 days following the last day for filing ad valorem real property tax returns in Macon-Bibb County, a caucus of electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those board member positions whose terms expire or are vacant. If a vacancy occurs in an elected position on the board, the board shall, within 60 days thereof, call a special election to fill the same to be held within 60 days of the call unless such vacancy occurs within 180 days of the next regularly scheduled election, in which case a special election may, but need not, be called. For any election held hereunder, notice thereof shall be given to said electors by publishing notice thereof in the legal organ of Macon-Bibb County at least once each week for four weeks prior to such election. (c) Elected board members shall be subject to recall by the vote of a caucus of electors, said caucus being called by a petition of either 20 percent of the electors within the district or by a petition of holders of 20 percent of the eligible votes represented by equity electors, provided that the petition shall be from the category of voters who elected the board member to be subjected to a recall election. (d) 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 by the board as of the date of the event terminating such status. (e) Board members shall receive no compensation for their services, but shall be reimbursed for actual expenses reasonably incurred in the performance of their duties. (f) Board members shall elect one of their number as chairperson and another as vice chairperson. They shall also elect a secretary and a treasurer, or a secretary/treasurer, either of whom may, but need not, be a member of the board or an elector. (g) Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," shall not apply to the election of district board members. The district board may adopt such bylaws not inconsistent herewith to provide for any matter concerning such elections.

GEORGIA LAWS 2014 SESSION

4055

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 five mills on the assessed value of all such real property. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to Macon-Bibb County as a whole. Any tax, fee, or assessment so levied shall be collected by Macon-Bibb County in the same manner as taxes, fees, and assessments are levied by Macon-Bibb County. Delinquent taxes shall bear the same interest and penalties as Macon-Bibb 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 as soon as they are acquired by Macon-Bibb County to the board, and shall be expended by the board only for the purposes authorized hereby. (b) The board shall levy the taxes provided for 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, if possible. (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 the tax millage levied by the district then extant upon such parcel for bonded indebtedness of the district then outstanding until said indebtedness is paid or refunded.

SECTION 7. Boundaries of the districts.

(a) The boundaries of the district or districts shall be as designated as such by the Macon-Bibb County Commission as set forth in the resolution required in Section 4 of this Act, or as may thereafter be added as hereinafter provided. (b) The boundaries of the district or districts may be increased after the initial creation of a district pursuant to the following:

4056

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(1) Written consent of a majority of the owners of real property within the areas 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 the owners of real property within the areas 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 of the district. 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 Macon-Bibb County Commission. (c) The boundaries of the district or districts may also be increased after the initial creation of a district to include property which is not at that time subject to taxes, fees, and assessments levied by the board of the district by: (1) The adoption of a resolution consenting to the annexation by the board of the district; and (2) The adoption of a resolution consenting to the annexation by the Macon-Bibb County Commission.

SECTION 8. Debt.

Except as otherwise provided in this section, the district may incur debt without regard to the requirements of Article IX, Section V of the Constitution of the State 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 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 hereto may be provided for in a cooperation agreement executed jointly by the board and the governing body of Macon-Bibb County. The provisions of this section shall in no way limit the authority of Macon-Bibb County to provide services or facilities within the district; and Macon-Bibb County shall retain full and complete authority and control over any of its facilities located within 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 Macon-Bibb County. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws,

GEORGIA LAWS 2014 SESSION

4057

ordinances, resolutions, or regulations to the district or the services or facilities provided therein.

SECTION 10. Powers.

(a) The district and the board created pursuant hereto shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions hereof, including, without limiting the generality of the foregoing, the power to:
(1) Bring and defend actions; (2) Adopt and amend a corporate seal; (3) 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) 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) Finance (by loan, private grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships (whether limited or general), or other entities, all of which the board is authorized to receive, accept, and use; (6) 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 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) 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) Make application directly or indirectly to any federal, state, county, or municipal government or agency or 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 any other source;

4058

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(9) 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) 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) Grant, mortgage, convey, assign, or pledge its property, revenues or taxes, or fees or assessments to be received as security for its notes or other indebtedness and obligations; (12) Receive and use the proceeds of any tax levied by any county or any municipal corporation to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant hereto; (13) Receive and administer gifts, private grants, and devises of money and property of any kind and to administer trusts; (14) 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; (15) 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; (16) Encourage and promote the improvement and economic 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 Macon-Bibb County; (17) Invest its funds, whether derived from the issuance of its bonds or otherwise, in such manner as it may deem prudent and appropriate, without further restriction; (18) 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; (19) 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; (20) Create, provide, enhance, or supplement public services such as fire, police, and other services as may be deemed necessary, provided that said services do not conflict with or duplicate existing Macon-Bibb County services; (21) Reimburse expenses for the creation and approval of a district; and (22) Do all things necessary or convenient to carry out the powers conferred hereby.

GEORGIA LAWS 2014 SESSION

4059

(b) The powers enumerated in subsection (a) of this section are cumulative of and in addition to those powers enumerated herein and elsewhere in this Act, and no such power limits or restricts any other power of the board.

SECTION 11. Bonds.

(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, 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 hereunder. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) There shall be no limitation upon the interest rates or any maximum interest rate or rates on any bonds, notes, or other obligations of the district; and the usury laws of this state shall not apply to bonds, notes, or other obligations of these districts. (f) Bonds issued by a district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (g) Bonds shall bear a certificate of validation. The signature of the clerk of the Superior Court of Macon-Bibb 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.

4060

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(h) In lieu of specifying the rate or rates of interest which such bonds are to bear, and the principal amount and maturities of such said bonds, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest (which may be fixed or may fluctuate or otherwise change from time to time) and that the principal amount will not exceed and the final maturity date will not be later than as specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate (which may be fixed or may fluctuate or otherwise change from time to time) so specified; provided, however, that nothing in this section shall be construed as prohibiting or restricting the right of a board to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (i) The terms "cost of the project" and "cost of any project" shall have the meaning prescribed herein whenever those terms are referred to in bond resolutions of a board, in bonds, notes, or other obligations of the district, 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 by the immediately preceding section, the agreements or instruments executed by a board may contain such provisions not inconsistent with law as shall be determined by such board. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by a district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted herein, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance hereunder. (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.

GEORGIA LAWS 2014 SESSION

4061

SECTION 13. Construction; notice, proceeding, publication, referendum.

This Act shall be liberally construed to effect the purposes hereof. No notice, proceeding, or publication except those required hereby shall be necessary to the performance of any act authorized hereby, nor shall any such act be subject to referendum.

SECTION 14. Applicability of Chapter 5 of Title 10 of the O.C.G.A.,
the "Georgia Uniform Securities Act of 2008."

The offer, sale, or issuance of bonds, notes, or other obligations by the district shall not be subject to regulation under Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Uniform Securities Act of 2008."

SECTION 15. Dissolution.

(a) A district activated under the provisions of this Act may be dissolved upon the occurrence of the following:
(1) The adoption of a resolution approving of the dissolution of the community improvement district by the Macon-Bibb County Commission; and (2) The written consent to the dissolution of the community improvement district by:
(A) A majority of the owners of real property within the district 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 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 Macon-Bibb County Tax Commissioner, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to the proposed district dissolution. (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 before a caucus of electors whether to dissolve the 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 subject to taxes, fees, and assessments levied by the board, who shall represent at least 75 percent of the assessed value of said

4062

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

properties, as certified by the Macon-Bibb County Tax Commissioner, the Macon-Bibb County Commission shall dissolve the district. (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, the board shall serve until December 31 of that year for the purpose of concluding any ongoing matters and projects, but if such cannot be concluded by December 31, the governing authority of Macon-Bibb County shall assume the duties, obligations, and authority of the board. The board, and after December 31 the Macon-Bibb County Commission, may continue to levy taxes within the limitation set forth in Section 6 until all debt obligations of the district have been satisfied. (e) Upon a successful dissolution action, all noncash assets of the district other than public facilities or land or easements to be used for such public facilities, as described in Section 2 of this Act, shall be reduced to cash and, along with all other cash on hand, shall be applied to the repayment of any debt obligation of the district. Any cash remaining after all outstanding obligations are satisfied shall be refunded to each property owner in direct proportion to the total amount in taxes, fees, or assessments paid by the property owner relative to the total revenues paid by all properties in the district in the most recent tax year. (f) When dissolution becomes effective, the governing authority of Macon-Bibb County shall take title to all public facilities, and land or easements to be used for such public facilities, previously in the ownership of the district, and all taxes, fees, and assessments of the district shall cease to be levied and collected. (g) A district may be reactivated in the same manner as an original activation.

SECTION 16. Severability.

In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

GEORGIA LAWS 2014 SESSION

4063

SECTION 17. Effective date.

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

SECTION 18. 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 2014 session of the General Assembly of Georgia a bill to provide for the creation of one or more community improvement districts in Macon-Bibb County; to provide for a short title; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; to provide for the appointment and election of members of said board or boards; to provide for taxes, fees, and assessments; to provide for establishment of the boundaries of said district or districts; to provide a tax cap; to provide for the alteration of district boundaries and the practices, procedures, and requirements related thereto; to provide for debt of said district or districts; to provide for cooperation with local governments; to provide for powers of said boards; to provide for bonds, notes, and other obligations of said district or districts; to provide for authorized contents of agreements and instruments of the board generally, use of proceeds of bonds, notes, or other obligations, and subsequent issue of bonds, notes, or other obligations; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required;to provide for dissolution; to provide the procedures connected with all of the foregoing; and for other purposes.
s/ Nikki Randall Representative Nikki Rndall District142
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

4064

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

on February 21, 2014, 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, 2014.

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

Approved April 10, 2014.

__________

WARREN COUNTY BOARD OF EDUCATION; MEMBER MAY SERVE SIMULTANEOUSLY AS DEPUTY CORONER.

No. 433 (House Bill No. 1099).

AN ACT

To provide that a member of the board of education of Warren County shall be authorized to serve simultaneously as deputy coroner of Warren County and that a deputy coroner of Warren County shall be authorized to serve simultaneously on the board of education of Warren County; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. As authorized in Code Section 45-2-2 of the O.C.G.A., by this special enactment:
(1) A member of the board of education of Warren County who meets the qualifications to serve as a deputy coroner shall be authorized to serve simultaneously as a deputy coroner of Warren County and a member of the board of education of Warren County; and

GEORGIA LAWS 2014 SESSION

4065

(2) A deputy coroner of Warren County who meets the qualifications to serve as a member of the board of education shall be authorized to serve simultaneously as a member of the board of education of Warren County and as a deputy coroner of Warren 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 2014 session of the General Assembly of Georgia a bill to provide that a member of the board of education of Warren County shall be authorized to serve simultaneously as deputy coroner of Warren County and that a deputy coroner of Warren County shall be authorized to serve simultaneously on the board of education of Warren County; to provide for related matters; and for other purposes.
/s/ Representative Mack Jackson District 128
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 Warrenton Clipper which is the official organ of Warren County on February 14, 2014, 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 24th day of February, 2014.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 [SEAL]

4066

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Approved April 10, 2014.

__________

CITY OF DALTON REDEVELOPMENT POWERS; REFERENDUM.

No. 434 (House Bill No. 1102).

AN ACT

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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

SECTION 2. The election superintendent of the City of Dalton shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Dalton for approval or rejection. The election superintendent shall conduct such election on any permissible special election 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 such election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Dalton. The ballot shall have written or printed thereon the words:

GEORGIA LAWS 2014 SESSION

4067

"( ) YES Shall the Act be approved which authorizes the City of Dalton to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may
( ) NO be amended from time to time, for the purpose of improving economic and social conditions in depressed areas within the county?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 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 such election date. The expense of such election shall be borne by the City of Dalton. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to authorize the City of Dalton, 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 Bruce Broadrick District 4
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bruce Broadrick, who on oath deposes and says that he is the Representative from District 4 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Citizen which is the official organ of Whitfield

4068

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

County on February 26, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BRUCE BROADRICK Bruce Broadrick Representative, District 4

Sworn to and subscribed before me, this 3rd day of March, 2014.

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

Approved April 10, 2014.

__________

CITY OF YOUNG HARRIS MAYOR AND COUNCIL; TERMS OF OFFICE; COMPENSATION.

No. 435 (House Bill No. 1103).

AN ACT

To amend an Act to grant a new charter to the City of Young Harris, approved March 24, 1978 (Ga. L. 1978, p. 4470), as amended, so as to revise the terms of office and manner of election of the mayor and council; to revise the compensation and manner of setting the compensation of 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 grant a new charter to the City of Young Harris, approved March 24, 1978 (Ga. L. 1978, p. 4470), as amended, is amended by revising Section 2.02 as follows:

GEORGIA LAWS 2014 SESSION

4069

"SECTION 2.02. Terms and Qualifications for Office. The members of the council shall serve for terms of four years and until their respective successors are elected and qualified. The terms of office shall be staggered such that three members of the council are elected every two years. The mayor shall serve for a term of four years and until his or her respective successor is elected and qualified. Successors to the mayor and members of the council who were elected in 2013 shall be elected in the 2017 general election, and successors to the members of the council elected in 2011 shall be elected in the 2015 general election. Thereafter, a successor shall be elected at the municipal general election immediately preceding the end of each person's term of office. No person shall be eligible to serve as mayor or councilmember unless such person: (1) Has been a resident of the City of Young Harris for a period of at least one year immediately prior to the date of the election for mayor or councilmember; (2) Continues to reside therein during his or her period of service; (3) Is registered and qualified to vote in municipal elections in the City of Young Harris; and (4) Meets the qualification standards required for members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution."

SECTION 2. Said Act is further amended by revising Section 2.04 as follows:

"SECTION 2.04. Compensation and Expenses. Beginning with the first organizational meeting in 2015, the councilmembers shall receive $200.00 per month as compensation for their service. The mayor shall receive a monthly salary of $700.00 per month for his or her service. In addition, each member of the city council and the mayor shall receive compensation for each quarterly working session attended in the amount of $100.00. Thereafter, the mayor and council shall fix the salaries and compensation to be received by the mayor and each councilmember as set forth in Code Section 36-35-4 of the O.C.G.A. The mayor and councilmembers shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties."

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 2014 session of the General Assembly of Georgia a bill to amend an Act to grant a new charter to the City of Young

4070

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Harris, approved March 24, 1978 (Ga. L. 1978, p. 4470), as amended, so as to revise the terms of office and manner of election of the mayor and council; to revise the compensation and manner of setting the compensation of the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.

Stephen Allison 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 Towns County Herald which is the official organ of Towns County on February 26, 2014, 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 3rd day of March 2014.

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

Approved April 10, 2014.

__________

GEORGIA LAWS 2014 SESSION

4071

HABERSHAM COUNTY STATE COURT; JUDGE AND SOLICITOR; PART-TIME POSITIONS; COMPENSATION.

No. 436 (House Bill No. 1104).

AN ACT

To amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941 (Ga. L. 1941, p. 651), as amended, particularly by an Act approved April 11, 2012 (Ga. L. 2012, p. 5221), so as to provide that the judge and solicitor of such court shall be part-time positions; to establish the compensation of the judge and solicitor of such 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 and establishing the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941 (Ga. L. 1941, p. 651), as amended, particularly by an Act approved April 11, 2012 (Ga. L. 2012, p. 5221), is amended by revising Section 10 as follows:

"SECTION 10. There shall be a judge of the state court, who shall be elected at the time of the nonpartisan general election in the year immediately preceding the end of his or her term of office. The judge serving on the effective date of this Act shall continue to serve until the end of his or her term and until his or her successor is duly elected and qualified. The position of judge of the state court shall be a part-time position, and the judge shall not be permitted to engage in the practice of law in the State Court of Habersham County. The judge shall be compensated with a salary equal to 80 percent of a superior court judge, including the supplement paid such judge by the governing authority of Habersham County."

SECTION 2. Said Act is further amended by revising Section 14 as follows:

"SECTION 14. There shall be a solicitor of the state court, who shall be elected at the time of the nonpartisan general election in the year immediately preceding the end of his or her term of office. The solicitor serving on the effective date of this Act shall continue to serve until the end of his or her term and until his or her successor is duly elected and qualified. The position of solicitor of the state court shall be a part-time position, and the solicitor shall

4072

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

not be permitted to engage in the practice of law in the State Court of Habersham County. The solicitor shall be compensated with a salary equal to 80 percent of the district attorney, including the supplement paid such district attorney by the governing authority of Habersham County."

SECTION 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or becomes law without such approval.

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 2014 session of the General Assembly of Georgia a bill to amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941 (Ga. L. 1941, p. 651), as amended, particularly by an Act approved April 11, 2012 (Ga. L. 2012, p. 5221), so as to provide that the judge and solicitor of said court shall be part-time positions; to establish the compensation of the judge and solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
This 19th day of February, 2014.
s/ PHIL SUTTON Phil Sutton, Habersham County Manager 555 Monroe Street Clarkesville, GA 30523
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 26, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2014 SESSION

4073

s/ TERRY ROGERS Terry Rogers Representative, District 10

Sworn to and subscribed before me, this 3rd day of March 2014.

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

Approved April 10, 2014.

__________

TELFAIR COUNTY TERM LIMITATIONS FOR COUNTY OFFICERS; REPEAL; REFERENDUM.

No. 437 (House Bill No. 1105).

AN ACT

To repeal the amendment to the Constitution of Georgia providing that the county officers of Telfair County shall be ineligible to hold office under certain conditions; to provide for legislative intent; to provide for a referendum with respect to the effectiveness of the foregoing; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The amendment to the Constitution of Georgia providing that the county officers of Telfair County shall be ineligible to hold office under certain circumstances, which amendment was proposed by 1963 House Resolution No. 102-230, Resolution Act No. 76 (Ga. L. 1963, p. 705) and was continued in force and effect by an Act approved March 25, 1986 (Ga. L. 1986, p. 4527), is hereby repealed.

SECTION 2. The election superintendent of Telfair County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Telfair County for

4074

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

approval or rejection. The election superintendent shall conduct such election on the date of the 2014 General Election and shall issue the call and conduct such election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Telfair County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which repeals the amendment to the Constitution of Georgia that provides that the county officers of Telfair County shall be
( ) NO ineligible to succeed themselves after serving two successive terms?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect immediately. If 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 immediately. The expense of such election shall be borne by Telfair County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 3. In repealing this local constitutional amendment, it is the intent of the General Assembly to remove the term limits for the county officers of Telfair County who are the sheriff, the clerk of superior court, the judge of the probate court, and the tax commissioner. It is not the intent of the General Assembly to affect the term limitations for the members of the Board of Commissioners of Telfair County who shall remain subject to the term limit provisions of Section 20 of an Act approved June 3, 2003 (Ga. L. 2003, p. 3992), as amended. Consequently, it is the intent of the General Assembly to leave intact the consent order in the case of Clark v. Telfair County, Georgia, Commission, Civil Action No. CV 387-25, United States District Court for the Southern District of Georgia, Dublin Division, filed October 26, 1988.

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

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the Regular 2014 Session of the General Assembly of Georgia a bill to repeal the amendment to the Constitution of Georgia providing that the county officers of Telfair County shall be ineligible to hold office under certain conditions; to provide for a referendum with respect to the effectiveness of the foregoing; to provide for contingent effective dates; and for other purposes.

GEORGIA LAWS 2014 SESSION

4075

Rep. Jimmy Pruett District 149

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 26, 2014, 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 3rd day of March, 2014.

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

Approved April 10, 2014.

__________

BRYAN COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION.

No. 438 (House Bill No. 1106).

AN ACT

To create a board of elections and registration for Bryan County; to provide for definitions; to provide for the board's powers and duties; to provide for the composition of the board and the selection and appointment of members; to provide for the qualifications, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public

4076

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

funds; to provide for compensation of members of the board; 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. As used in this Act, the term:
(1) "Board" means the Board of Elections and Registration of Bryan County. (2) "Commissioners" means the Board of Commissioners of Bryan County. (3) "County" means Bryan County. (4) "Election," "elector," "political party," "primary," and "public office" shall have the same meanings as set forth in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," unless otherwise clearly apparent from the text of this Act.

SECTION 2. 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 Bryan County. The board shall have the powers and duties of the former superintendent of elections of Bryan County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," relating to the conduct of primaries and elections, and the former board of registrars of Bryan County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," relating to the registration of electors and absentee voting.

SECTION 3. (a) The board shall be composed of three members, each of whom shall meet the applicable eligibility requirements under Article 1 of Chapter 2 of Title 45 of the O.C.G.A., Code Section 21-2-75 of the O.C.G.A., and other general law. (b) Members of the board shall be qualified and selected in the following manner:
(1) All members of the board shall be appointed by the Board of Commissioners of Bryan County; (2) The initial terms of office of two members, as designated by their appointment, shall begin on the first day of the month in which this Act is approved by the Governor or in which it becomes law without such approval and shall expire on December 31, 2018, and upon the appointment and qualification of their respective successors. The initial term of the remaining member of the board shall begin on the first day of the month following the month in which this Act is approved by the Governor or in which it becomes law without such approval and shall expire on December 31, 2016, and upon appointment and qualification of his or her successor, provided that:
(A) The initial appointments to the board shall be made no later than July 1, 2014; and

GEORGIA LAWS 2014 SESSION

4077

(B) At the first meeting of each calendar year the members of the board shall select one of their members to serve as chairperson and one of their members to serve as secretary. (3) Successors to the members of the board whose terms expire shall be appointed to take office on the first day of January immediately following the expiration of such terms of office and shall serve for terms of four years each and until their successors are duly appointed and qualified. The board shall take no official action until all members have been certified to the clerk of the Superior Court of Bryan County; (4) Each member of the board shall 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 paragraph (2) of this subsection; and (5) No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective public office, and the position of membership of any member shall be deemed vacant upon such member qualifying as a candidate for an elective public office.

SECTION 4. The commissioners shall certify the appointment of each member of the board by filing an affidavit with the clerk of Superior Court of Bryan County no later than 15 days preceding the date upon which such members are to take office, stating the name and residential address of the person appointed and certifying such member has been duly appointed as provided by this Act. The clerk shall record each of such certifications in the minutes of the court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars. If any appointing authority does not, in conformity with this Act, certify an appointment to the board within 30 days after the beginning of a term of office or within 30 days after the creation of a vacancy in that office, a vacancy shall be deemed to have been thereby created and the judge of the probate court of Bryan County shall fill that vacancy by making the appointment thereto and shall certify it as provided in this section. Any person appointed to fill a vacancy shall serve out the unexpired term of office.

SECTION 5. Each member of the board shall be eligible to serve successive terms without limitation 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 Bryan County. Each member shall be subject to removal from the board at any time, for cause, after notice and hearing, by the Chief Judge of the Superior Court of the Atlantic Judicial Circuit in the same manner and by the same authority as provided for the removal of registrars.

4078

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 6. In the event a vacancy occurs in the office of any board member before the expiration of his or her term, by removal, death, resignation, or otherwise, the vacancy shall be filled for the remainder of the unexpired term by the commissioners for that position on the board. The clerk of the Superior Court of Bryan County shall be notified of such interim appointment and record and certify such appointment in the same manner as the regular appointment of members.

SECTION 7. Before entering 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) The board shall be authorized to organize itself, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. Action and decision by the board shall be by a majority of members of the board. The board shall be responsible for the selection, appointment, and training of poll workers in primaries and elections and such workers shall be appointed, insofar as practicable, from lists provided to the board by the county executive committee of each political party. (b) The board shall fix and establish by appropriate resolution entered in its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold regular meetings each month and more often if needed in the opinion of the members. The time of such meetings shall be set by the board. Any specially called meeting shall be called by the chairperson or any three members of the board. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review.

SECTION 9. Members of the board shall receive $60.00 per day for each day of service on the board. On primary and election days and during the period of advance voting pursuant to subsection (b) of Code Section 21-2-380 of the O.C.G.A., the chairperson and members of the board shall be compensated at the rate of $10.00 per hour. The hours of service shall be certified to the commissioners by the chairperson of the board.

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

GEORGIA LAWS 2014 SESSION

4079

SECTION 11. (a) An elections supervisor shall be employed by the governing authority of Bryan County who shall generally supervise, direct, and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The elections supervisor shall not be a member of the board. The elections supervisor shall be considered an employee of Bryan County and shall be entitled to the same benefits as other employees of Bryan County. The elections supervisor shall be subject to all personnel and policy procedures of Bryan County. The elections supervisor shall maintain regular office hours as directed by the governing authority of Bryan County. (b) The elections supervisor shall not be an active member of any political party or body. (c) Upon indictment of any felony involving election fraud or moral turpitude, the elections supervisor shall be terminated from the position as a matter of law. Such vacancy shall be filled within ten business days following the occurrence of such vacancy. (d) The board is authorized, with approval of the commissioners, to employ additional assistants as needed to carry out the duties and functions of the board. All such clerical assistants shall be considered employees of Bryan County and shall be entitled to the same benefits as other employees of Bryan County. Any clerical assistants shall be subject to all personnel and policy procedures of Bryan County. Upon indictment of any felony involving election fraud or moral turpitude, a clerical assistant shall resign or be terminated from his or her position.

SECTION 12. Compensation for the members of the board, the elections supervisor, clerical assistants, and other employees shall be fixed by the commissioners in accordance with the provisions of this Act. Such compensation shall be paid wholly from county funds.

SECTION 13. (a) The Board of Commissioners of Bryan 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 Bryan County deems appropriate. (b) The commissioners shall also cause periodic audits to be made of the board and its offices.

SECTION 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of making initial appointments to the board only. This Act shall become fully effective July 1, 2014. Upon this Act becoming fully effective, the superintendent of elections of Bryan County and the board of registrars of Bryan 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.

4080

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 2014 session of the General Assembly of Georgia a bill to create a board of elections and registration for Bryan County; and for other purposes.

Representative Ron Stephens District 164

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ron Stephens, who on oath deposes and says that he is the Representative from District 164 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Bryan County News which is the official organ of Bryan County on March 1, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ RON STEPHENS Ron Stephens Representative, District 164

Sworn to and subscribed before me, this 3rd day of March, 2014.

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

Approved April 10, 2014.

__________

GEORGIA LAWS 2014 SESSION

4081

DOUGLAS COUNTY BOARD OF EDUCATION; COMPENSATION OF MEMBERS.

No. 439 (House Bill No. 1108).

AN ACT

To amend an Act creating the Douglas County Board of Education, approved April 13, 1982 (Ga. L. 1982, p. 4786), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3717), so as to provide for compensation of members; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Douglas County Board of Education, approved April 13, 1982 (Ga. L. 1982, p. 4786), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3717), is amended by revising subsection (j) of Section 1 as follows:
"(j)(1) The chairperson of the board of education shall be compensated in equal monthly installments from the general funds of the board of education the sum of 20 percent of the base salary for a superior court judge as set forth in O.C.G.A. Section 45-7-4. The vice chairperson of the board of education shall be compensated in equal monthly installments from the general funds of the board of education the sum of 18 percent of the base salary for a superior court judge as set forth in O.C.G.A. Section 45-7-4. The remaining board members shall be compensated in equal monthly installments from the general funds of the board of education the sum of 16 percent of the base salary for a superior court judge as set forth in O.C.G.A. Section 45-7-4. This paragraph shall apply until December 31, 2014. (2) On January 1, 2015, the compensation of the chairperson, vice chairperson, and each of the remaining board members shall be reduced by 10 percent and each resulting amount shall be such member's compensation. After January 1, 2015, the compensation of the chairperson, vice chairperson, and each of the remaining board members shall be increased in any year in which the General Assembly includes in an Appropriations Act an increase from the previous fiscal year in the minimum salary schedule for teachers and such increase in the compensation of the chairperson, vice chairperson, and each of the remaining board members shall be by the same percentage increase as the increase in the minimum salary base provided in the minimum salary schedule. (3) The members of the board of education shall be reimbursed for actual expenses incurred in carrying out approved board of education business while outside the county. All expenses so incurred shall be paid from the general funds of the board of education on a monthly basis."

4082

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2. This Act shall become effective on January 1, 2015.

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 2014 session of the General Assembly of Georgia a bill to amend an Act creating the Douglas County Board of Education, approved April 13, 1982 (GA.L. 1982, p. 4786), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3717), so as to provide for compensation of members; to provide for related matters; to provide an effective date; and for other purposes.
/s/ Micah Gravley MICAH GRAVLEY Representative Micah Gravley District 67
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Micah Gravley, who on oath deposes and says that he is the Representative from District 67 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel which is the official organ of Douglas County on February 28, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MICAH GRAVLEY Micah Gravley Representative, District 67
Sworn to and subscribed before me, this 3rd day of March, 2014.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia

GEORGIA LAWS 2014 SESSION

4083

My Commission Expires January 23, 2015 [SEAL]

Approved April 10, 2014.

__________

CITY OF DUNWOODY SPECIAL SERVICE DISTRICT; MAYOR AND COUNCIL; POWERS AND DUTIES; CITY MANAGER; CLERK; MUNICIPAL COURT PROVISIONS; CHARTER COMMISSION.

No. 440 (House Bill No. 1109).

AN ACT

To amend an Act incorporating the City of Dunwoody, approved March 25, 2008 (Ga. L. 2008, p. 3536), as amended, so as to provide for a special service district; to provide for the provision of services; to prohibit the mayor or members of the city council to serve on a board or commission; to prohibit the circumvention of certain ordinance requirements; to permit transfer of appropriations between departments; to authorize the city manager to transfer funds; to permit the mayor to appoint a clerk; to change certain provisions relative to the municipal court; to provide for a homestead exemption from ad valorem taxes; to provide for a charter commission; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act incorporating the City of Dunwoody, approved March 25, 2008 (Ga. L. 2008, p. 3536), as amended, is amended by deleting the word "and" at the end of paragraph (41) of Section 1.03, by deleting the period at the end of paragraph (42) and replacing the same with "; and", and by adding a new paragraph at the end of such section to read as follows:
"(43) Special districts. To exercise all authority provided by Article IX, Section II, Paragraph VI of the Constitution of Georgia to create special districts for the provision of local government services within such districts and to collect fees, assessments, and taxes within such districts to pay, wholly or partially, the cost of providing such services therein. It is the intent of the General Assembly that any fee imposed pursuant to this paragraph for the provision of fire and rescue services not exceed the average of ad valorem taxes levied by DeKalb County for the provision of the same services for the previous five years prior to the date the city begins providing such services;"

4084

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2. Said Act is further amended by revising subsection (b) of Section 2.14 as follows:
"(b) No member of any board, commission, or authority of the city shall hold any elective office in the city."

SECTION 3. Said Act is further amended by revising Section 2.15 as follows:

"SECTION 2.15. Ordinance form; procedures.

(a) Every proposed ordinance and resolution shall be introduced in writing, and the city council shall have the authority to approve, disapprove, or amend the same. A resolution may be passed at the time it is offered, but an ordinance shall not be adopted until the title of said ordinance has been read at two city council meetings, provided that the beginning of said meetings shall not be less than 24 hours nor more than 60 days apart. This requirement of two readings shall not apply to emergency ordinances. The catchlines of sections of this charter or any ordinance printed in boldface type, italics, or otherwise are intended as mere catchwords to indicate the contents of the section and:
(1) Shall not be deemed or taken to be titles of such sections or as any part of the section; and (2) Shall not be so deemed when any of such sections, including the catchlines, are amended or reenacted unless expressly provided to the contrary. Furthermore, the article and section headings contained in this Act shall not be deemed to govern, limit, or modify or in any manner affect the scope, meaning, or intent of the provisions of any article or section hereof. (b) The city council may, by ordinance or resolution, adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent councilmembers. Such rules may include punishment for contemptuous behavior conducted in the presence of the city council."

SECTION 4. Said Act is further amended by revising subsection (b) of Section 3.01 as follows:
"(b) The mayor shall have the authority to transfer appropriations between departments, funds, services, and strategy or organizational units but only with the approval of the city council."

SECTION 5. Said Act is further amended in Section 3.04 by redesignating paragraph (14) as paragraph (15), by deleting the word "and" at the end of paragraph (13), and by adding a new paragraph (14) to read as follows:

GEORGIA LAWS 2014 SESSION

4085

"(14) To transfer appropriations within a department; and"

SECTION 6. Said Act is further amended by revising Section 3.09 as follows:

"SECTION 3.09. City clerk.

The mayor shall appoint a city clerk subject to confirmation by the city council to keep a journal of the proceedings of the city council; to maintain in a safe place all records and documents pertaining to the affairs of the city; and to perform such duties as may be required by law or ordinance or as the mayor or city manager may direct."

SECTION 7. Said Act is further amended by revising Section 4.02 as follows:

"SECTION 4.02. Judges.

(a) No person shall be qualified or eligible to serve as judge unless he or she has attained the age of 28 years and has been a member of the State Bar of Georgia for a minimum of three years. The judge shall be nominated by the mayor subject to approval by the city council. The compensation and number of the judges shall be fixed by the city council. (b) Before entering on duties of his or her office, the judge shall take an oath before an officer duly authorized to administer oaths in this state declaring that he or she will truly, honestly, and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council. (c) The judge shall serve for a term of four years but may be removed from the position by a two-thirds vote of the entire membership of the city council or shall be removed upon action taken by the State Judicial Qualifications Commission for:
(1) Willful misconduct in office; (2) Willful and persistent failure to perform duties; (3) Habitual intemperance; (4) Conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or (5) Disability seriously interfering with the performance of duties, which is, or is likely to become, of a permanent character."

SECTION 8. Said Act is further amended by revising Section 6.05 as follows:

4086

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"SECTION 6.05. Charter commission.

No later than July 1, 2020, the mayor and the city council shall call for a charter commission to review the city's experience and recommend to the General Assembly any changes to the charter. Members of the charter commission shall be appointed as follows: one by the mayor, one by the city council, and one by each member of the Georgia House of Representatives or Senate whose district lies wholly or partially within the corporate boundaries of the city. All members of the charter commission shall reside in the City of Dunwoody. The commission shall complete the recommendations within the time frame required by the city council."

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

Notice of Intention to Introduce Local Legislative
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to ++amend an Act incorporating the City of Dunwoody++, approved March 25, 2008 (Ga. L. 2008, p. 3536), as amended; and for other purposes.
Representative Tom Taylor District 79
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Taylor, who on oath deposes and says that he is the Representative from District 79 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion Legal which is the official organ of DeKalb County on February 27, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ TOM TAYLOR Tom Taylor Representative, District 79

GEORGIA LAWS 2014 SESSION

4087

Sworn to and subscribed before me, this 3rd day of March 2014.

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

Approved April 10, 2014.

__________

CITY OF COHUTTA REDEVELOPMENT POWERS; REFERENDUM.

No. 441 (House Bill No. 1111).

AN ACT

To authorize the City of Cohutta 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 Cohutta 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 Cohutta 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 Cohutta 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. The election superintendent of the City of Cohutta 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 Cohutta for approval or rejection. The election superintendent shall conduct such election

4088

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

on any permissible special election 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 such election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Cohutta. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City of Cohutta to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may
( ) NO be amended from time to time, for the purpose of improving economic and social conditions in depressed areas within the county?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 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 such election date. The expense of such election shall be borne by the City of Cohutta. 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 2014 session of the General Assembly of Georgia a bill to Authorize the City of Cohutta 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.
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

GEORGIA LAWS 2014 SESSION

4089

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 February 26, 2014, 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 4th day of March, 2014.

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

Approved April 10, 2014.

__________

CITY OF VARNELL REDEVELOPMENT POWERS; REFERENDUM.

No. 442 (House Bill No. 1112).

AN ACT

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The City of Varnell shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize the City of Varnell to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the

4090

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 Varnell to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."

SECTION 2. The election superintendent of the City of Varnell shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Varnell for approval or rejection. The election superintendent shall conduct such election on any permissible special election 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 such election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Varnell. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City of Varnell to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may
( ) NO be amended from time to time, for the purpose of improving economic and social conditions in depressed areas within the county?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 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 such election date. The expense of such election shall be borne by the City of Varnell. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to Authorize the City of Varnell to exercise all redevelopment

GEORGIA LAWS 2014 SESSION

4091

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.

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 February 26, 2014, 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 4th day of March, 2014.

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

Approved April 10, 2014.

__________

CITY OF TUNNEL HILL REDEVELOPMENT POWERS; REFERENDUM.

No. 443 (House Bill No. 1113).

AN ACT

To authorize the City of Tunnel Hill 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.

4092

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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

SECTION 2. The election superintendent of the City of Tunnel Hill shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Tunnel Hill for approval or rejection. The election superintendent shall conduct such election on any permissible special election 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 such election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Tunnel Hill. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City of Tunnel Hill to exercise redevelopment powers under the 'Redevelopment Powers Law,' as
( ) NO it may be amended from time to time, for the purpose of improving economic and social conditions in depressed areas within the county?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 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 such election date. The expense of such election shall be borne by the City of Tunnel Hill. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

GEORGIA LAWS 2014 SESSION

4093

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 2014 session of the General Assembly of Georgia a bill to Authorize the City of Tunnel Hill 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.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Tarvin, 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 Daily Citizen which is the official organ of Whitfield County on February 26, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ STEVE TARVIN Steve Tarvin Representative, District 2
Sworn to and subscribed before me, this 4th day of March, 2014.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 [SEAL]
Approved April 10, 2014.

4094

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CITY OF HINESVILLE CORPORATE LIMITS.

No. 444 (House Bill No. 1114).

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 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. The area included in the corporate limits of the City of Hinesville shall not include:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN the 17TH G.M.D. in the City of Flemington, County of Liberty, State of Georgia, being more particularly described as follows:
COMMENCING at the center of the City of Flemington, being the Center Point of the old Post Office, an A-framed wooden building, measuring 55.3 feet by 22.3 feet; located at the Southeast intersection of Old Sunbury Road and Old Hines Road. Said Center Point having Georgia East State Plane Coordinates of; Northing 676.927.91 and Easting 843,474.46. THENCE leaving the Center Point of the City of Flemington; North 72E 57' 08" West a Distance of 1.0 Miles or 5280.00 feet to a Point on the Northern Boundary of Tremain Estates, Said Point lying South 67E 49' 22" East a Distance of 1.62 feet from the Northern most corner of Lot 18 of Tremain Estates; being the true POINT OF BEGINNING; THENCE North 67E 49' 22" West a Distance of 358.17 feet to a Point, being the Northwest corner of Tremain Estates; THENCE South 04E 20' 10" East a Distance of 1412.41 feet along Tremain Estates Western Boundary to a Point being 1.0 Miles or 5280.00 Feet from Said Center Point; THENCE Flollowing the 1.0 Miles or 5280.00 Feet Radius of Center Point, a Chord Bearing of North 10E 01' 02" East a Chord Distance of 1292.87 Feet to a Point; Being the POINT OF BEGINNING. Containing 4.41 acres (192,076 Square Feet) of land, more or less,"

GEORGIA LAWS 2014 SESSION

4095

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 2014 session of the General Assembly of Georgia a bill to amend an Act entitled "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 contingent effective date; and for other purposes.
Al Williams 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 26, 2014, 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 4th day of March, 2014.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 [SEAL]

4096

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Approved April 10, 2014.

__________

CITY OF LOCUST GROVE MAYOR AND COUNCIL; QUALIFICATIONS; POWERS; ORGANIZATIONAL MEETING; TERMINATION AND DISCIPLINE OF CERTAIN OFFICERS AND EMPLOYEES; POWERS AND DUTIES OF CITY MANAGER.

No. 445 (House Bill No. 1120).

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, so as to provide for qualifications for office; to provide for powers of the city council regarding government organization; to provide for powers and duties of the mayor; to provide for the organizational meeting of the mayor and council; to provide for the termination and discipline of certain officers and employees; to provide for the powers and duties of the city manager; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act 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 revising Section 2.12 as follows:

"SECTION 2.12. Qualification of office.

No person shall be eligible to any office under this charter who has not been a resident of the city for at least one year prior to qualifying, is not eligible as a voter at the election in which he or she is seeking office, and is not a citizen of the United States of America."

SECTION 2. Said Act is further amended by revising Section 2.18 as follows:

GEORGIA LAWS 2014 SESSION

4097

"SECTION 2.18. General power and authority of the council.

By ordinance, the council may create, change, alter, abolish, or consolidate offices, agencies, authorities, and departments of the city and may assign additional functions to any of the officers, agencies, authorities, and departments as expressly provided for by this charter or under state law."

SECTION 3. Said Act is further amended by revising subsection (a) of Section 2.20 as follows:
"(a) The mayor shall be the official spokesman for the city, propose policies for the city, and be the chief advocate of policy established by the council. The mayor shall preside at meetings of the council, shall sign ordinances and resolutions on their final passage, and shall sign deeds, bonds, contracts, and other instruments or documents when authorized by the council to do so. The mayor shall perform such other duties as may be imposed by this charter or by ordinance of the council, including, but not limited to, performance of full-time or part-time administrative duties governing the day-to-day operation of city government. For the purpose of this section, 'part-time' administrative duties shall mean directing the day-to-day operations of city government for no less than 80 hours per month. For the purposes of this section, 'full-time' administrative duties shall mean directing the day-to-day operation of city government for no less than 160 hours per month. Upon the effective date of this section, and in each December thereafter, the council shall evaluate the needs of the city to determine whether it is in the city's best interest to designate the mayor to serve as the administrative head of the city government. Should the mayor die or be removed from office prior to the expiration of his or her term, the council shall make a determination as to the duties which shall be imposed on the mayor's office. Such determination shall be made prior to the first date of qualification for the election to fill the remaining unexpired term of the mayor."

SECTION 4. Said Act is further amended by revising Section 2.30 as follows:

"SECTION 2.30. Organizational meeting.

The city council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the mayor or city clerk and the oath of office shall be administered to the newly elected members as follows:
'I do solemnly swear/affirm that I will faithfully perform the duties of (mayor/councilmember) of the City of Locust Grove and that I will, to the best of my ability, support and defend the charter thereof as well as the Constitution and laws of the

4098

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

State of Georgia and of the United States of America. I further affirm that, upon assumption of this office, I do not hold any unaccounted for public money due and payable to the state, any political subdivision of this state, the City of Locust Grove, or any authority thereof, nor do I hold any other office of trust of the government of the United States, of this state, or of any foreign state as proscribed by the laws of the State of Georgia. I solemnly affirm that I am fully qualified under the Constitution and the laws of this state to hold the office of (mayor/councilmember) and that I have been a resident of the City of Locust Grove for the entire period of time required by the Constitution and laws of the State of Georgia. I will perform the duties of my office in the best interest of the City of Locust Grove to the best of my ability without fear, favor, affection, reward, or expectation thereof.'"

SECTION 5. Said Act is further amended by revising subsection (a) of Section 2.37 by adding a new paragraph to read as follows:
"(5) The mayor shall not veto a council decision regarding the hiring, appointment, discipline, or termination of an employee or appointed officer of the city."

SECTION 6. Said Act is further amended by revising Section 3.10 by redesignating subsections (a) through (e) as subsections (b) through (f), respectively, and adding a new subsection (a) to read as follows:
"(a) All employees and appointed officers employed by the city serve at the will and pleasure of the city. Notwithstanding any ordinance to the contrary, the council may hire, discipline, and terminate any employee or appointed officer employed by the city. Unless terminated prior to the organizational meeting or unless otherwise provided by contract or ordinance, the appointment of appointed officers employed by the city shall terminate automatically at midnight of the organizational meeting, upon appointment of a person to such position at the organizational meeting, or upon dissolution of the appointed office, whichever occurs first."

SECTION 7. Said Act is further amended by revising Section 3.11 by adding a new subsection to read as follows:
"(i) Unless otherwise provided by general law, where the council has created or established an agency, authority, or office pursuant to general law, the council may dissolve such agency, authority, or office."

SECTION 8. Said Act is further amended by revising Section 3.20 as follows:

GEORGIA LAWS 2014 SESSION

4099

"SECTION 3.20. City manager.

In the event that the council determines that a full-time administrator is necessary for city operations and determines not to designate the mayor to serve in such capacity pursuant to Section 2.20 of this charter, the council may appoint a city manager. The duties and authorities of the city manager shall be established by ordinance of the council, and in so doing, the council may specifically delegate to the city manager any of the administrative or budgetary duties of the mayor and provide that the city manager shall perform any other duties required by law, assigned by contract, or as the council may direct. Unless otherwise prescribed by ordinance, the city manager shall have the power to terminate, with or without cause, or discipline any employee or appointed officer employed by the city, except the city attorney, municipal judge, city solicitor, or the city's indigent defense counsel. Such termination or disciplinary action may be reviewed and modified by the council as prescribed by ordinance."

SECTION 9. Said Act is further amended by revising Section 3.43 as follows:

"SECTION 3.43. Consolidation of functions.

The council may consolidate any of the administrative officers contemplated under this division of the charter or may assign the functions of any one or more of such positions to the holder or holders of any other positions. The city manager may, with the approval of the city council, perform all or any part of the functions of any of the administrative offices under this division of the charter in lieu of appointing other persons to perform such functions."

SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill 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 amend sections related to eligibility for office, to the powers and duties of the Mayor, Council and City Manager, to add language regarding employees and appointed

4100

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

officers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 Henry Daily Herald which is the official organ of Henry County on February 26, 2014, 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, 2014.

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

Approved April 10, 2014.

__________

CITY OF DOUGLAS MAYOR AND COMMISSIONERS; COMPENSATION.

No. 446 (House Bill No. 1121).

AN ACT

To amend an Act providing a new charter for the City of Douglas, approved March 10, 1993 (Ga. L. 1993, p. 4022), as amended, so as to revise provisions related to the compensation of the mayor and commissioners; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2014 SESSION

4101

SECTION 1. An Act providing a new charter for the City of Douglas, approved March 10, 1993 (Ga. L. 1993, p. 4022), as amended, is amended by revising Section 2.16 as follows:

"SECTION 2.16. The mayor shall receive $800.00 per month and commission members shall receive $600.00 per month as compensation for services provided, but such compensation shall be subject to revision by ordinance in accordance with Chapter 35 of Title 36 of the Official Code of Georgia Annotated."

SECTION 2. This Act shall become effective on January 1, 2016.

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 2014 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Douglas, approved March 10, 1993 (Ga. L. 1993, p. 4022), as amended; and for other purposes.
s/ CHUCK SIMS Representative Chuck Sims District 169
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chuck Sims, who on oath deposes and says that he is the Representative from District 169 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Douglas Enterprise which is the official organ of Coffee County on February 23, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CHUCK SIMS Chuck Sims Representative, District 169

4102

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 5th day of March 2014.

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

Approved April 10, 2014.

__________

COBB COUNTY STATE COURT; JUDGES; COMPENSATION.

No. 447 (House Bill No. 1122).

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 7, 2013 (Ga. L. 2013, p. 4428), 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 7, 2013 (Ga. L. 2013, p. 4428), 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 $161,662.00 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 $166,551.00 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.

GEORGIA LAWS 2014 SESSION

4103

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2014 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 21, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ STACEY EVANS Stacey Evans Representative, District 42

Sworn to and subscribed before me, this 5th day of March, 2014.

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

Approved April 10, 2014.

__________

4104

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

COBB COUNTY CLERK OF SUPERIOR COURT; EXECUTIVE ASSISTANT; EXECUTIVE SECRETARY; COMPENSATION.

No. 448 (House Bill No. 1123).

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, so as to change the compensation of the clerk of the superior court; to provide for an executive assistant and an executive secretary; to provide for the appointment, qualifications, and salaries of such positions; 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, is amended by revising subsection (a) of Section 4 as follows:
"(a) The clerk of the superior court shall receive an annual salary of $124,373.53, to be paid in equal monthly installments from the funds in the county treasury."

SECTION 2. Said Act is further amended in Section 4 by adding a new subsection to read as follows:
"(c) The clerk of the superior court shall be allowed an executive assistant and an executive secretary appointed by and under the direct supervision of the clerk of the superior court. The persons so appointed shall serve at the pleasure of the clerk. The clerk of the superior court shall establish the qualifications, education, and experience necessary for appointment to such positions. The salary of the executive assistant shall be $60,515.52 per annum and the salary of the executive secretary shall be $55,860.48 per annum, both paid in equal monthly installments from the funds of Cobb County."

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

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to amend an Act changing the compensation of the clerk of

GEORGIA LAWS 2014 SESSION

4105

superior court, the sheriff, and the judge and clerk of the probate court of Cobb County from the fee system to the salary system approved February 9, 1949 (Ga. L. 1949, p. 427) as amended; and for other purposes.

This ________ day of December, 2013.

EARL EHRHART Representative, 36th District

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 December 20, 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 3rd day of March, 2014.

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

Approved April 10, 2014.

__________

4106

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CITY OF KENNESAW CORPORATE LIMITS.

No. 449 (House Bill No. 1124).

AN ACT

To amend an Act creating a new charter for the City of Kennesaw, approved May 6, 2013 (Ga. L. 2013, p. 4234), so as to change the provisions relating to the corporate limits of the city; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a new charter for the City of Kennesaw, approved May 6, 2013 (Ga. L. 2013, p. 4234), is amended by adding at the end of Section 1.02 the following:
"(c) The corporate limits of the City of Kennesaw shall also include the following described parcels of land:
Tract 1: LEGAL DESCRIPTION: LAND LOT 125, TAX PARCEL 18 3017 Cobb Parkway ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 125 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly describes as follows:
To find the true point of beginning, commence at the Southeast corner of Land Lot 125, from this point run thence along the South Land Lot line of Land Lot 125 South 89 degrees 19' 01" West 526.73 feet to an iron pin found and being the true point of beginning. FROM THE TRUE POINT OF BEGINNING, continue along the South line of Land Lot 125, 89 degrees 47' 18" West 50.32 feet to an iron pin found; running then away from the South line of Land Lot 125 North 01 degrees 11' 06" West 229.20 feet to an iron pin found on the Southerly right of way of U.S. Highway #41 (100 feet to centerline of said Highway); continue in a Southeasterly fashion along said Highway South 80 degrees 00' 00" East 52.42 feet to an iron pin found; running thence away from said Highway South 00' degrees 53' 37" East 220.26 feet to an iron pin found and the True Point of Beginning. Said tract contains 11,433.30 square feet and is shown on that plat William Crowder by C & C Surveyors on May 4, 2001. Said plat is incorporated herein and made a part hereof.

GEORGIA LAWS 2014 SESSION

4107

Tract 2: LEGAL DESCRIPTION: LAND LOT 125, TAX PARCEL 12 3027 Cobb Parkway ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 125 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly describes as follows:
BEGINNING at a 1" crimp top pipe found at the point of intersection of the Southern right-of way line of U.S. Highway 41 a/k/a North Cobb Parkway (200-foot right-of-way) and the land lot line common to Land Lots 125 and 126; thence run along and coincident with the said land lot line South 0200'00" East a distance of 100.26 feet to a 1/2" reinforcing bar found; thence leave said land lot line and run South 7810'00" West a distance of 67.10 feet to an iron pin set on the land lot line common to Land Lots 125 and 142; thence run along and coincident with said land lot line North 8954'26" West a distance of 460.93 feet to a 1" crimp top pipe found; thence leave said land lot line and run North 0206'20" West a distance of 219.20 feet to an iron pin set on the Southern right-of-way line of U.S. Highway 41; thence run along and coincident with the Southern right-of-way line of U.S. Highway 41 South 7843'50" East a distance of 541.60 feet to 1" crimp top pipe found, said point being the Point of Beginning. Said tract contains 2.005 acres of land and is more particularly shown on that certain Survey prepared for BMNA, Inc. Horizon Bank, First American Title Insurance Company, and the U.S. Small Business Administration, prepared by Georgia Land Surveying Co., Inc. bearing the seal and certification of Walter K. Maupin, Jr., Georgia Registered Land Surveyor No. 2399, dated October 13, 2000.

Tract 3: LEGAL DESCRIPTION: LAND LOT 125, TAX PARCEL 11 3047 Cobb Parkway PARCEL ONE:
ALL THAT TRACT AND PARCEL of land lying and being in Land Lot 125 of the 20th District and 2nd Section of Cobb County, Georgia, and being more particularly described as follows:
TO ARRIVE AT THE TRUE POINT of BEGINNING, commence at the common land lot corners of Land Lots No. 125, 126, 141, and 142: running thence North 89 degrees 52 minutes 33 seconds West and along the southerly land lot line of Land Lot No. 125 a distance of 1,201.07feet to a point located on the northerly right-of-way of Mt. Olivet Road; running thence in a northwesterly direction and along the northerly side of Mt. Olivet Road, and following the curvature thereof: a distance of 76.49 feet to point, same being the TRUE POINT OF BEGINNING; running thence North 88 degrees 57 minutes 18 seconds West a distance of 149.92 feet to a point and corner; running thence North 01 degrees 27 minutes 32 seconds East a distance of 237.25 feet to a point and corner; running thence South 78 degrees 35 minutes

4108

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

39 seconds East a distance of 150.92 feet to a point and corner; running thence South 78 degrees 35 minutes 39 seconds East a distance of 150.92 feet to a point and corner; running thence South 0 I degrees 06 minutes 47 seconds West a distance of 210.10 feet to a point and established corner located on the northerly side of Mt. Olivet Road, same being the point of beginning; being all as shown upon that plat of survey prepared by John Drewson, Engineer, dated in June of 1982; said plat being made a part hereof by this reference thereto.

PARCEL TWO: ALL THAT TRACT AND PA.RCEL OF LAND lying and being in Land Lot 125 of the 20th District and 2nd Section of Cobb County. Georgia, and being more particularly described as follows: TO ARRIVE AT THE TRUE POINT OF BEGINNING, commence at the common land lot corners of Land Lots No. 125, 126, 141, and 142; running thence North 89 degrees 52 minutes 33 seconds West and along the southerly land lot line of Land Lot No. 125, a distance of 577.26 feet to a point and established corner: same being the TRUE POINT OF BEGINNING; running thence North 0I degrees 56 minutes 26 seconds West a distance of 230.20 feet to a point and established corner located on the southerly side of U. S. Highway 41 (200-foot right of way); running thence north 78 degrees 35 minutes 39 seconds West and along the southerly side of U.S. Highway No. 41 a distance of 848.88 feet to a point and established corner: running thence South 01 degrees 27 minutes 32 seconds West a distance of 149.84 feet to a point and established corner; running thence South 78 degrees 35 minutes 39 seconds East a distance of 150.92 feet to a point and established corner; thence running South 01 degrees 06 minutes 47 seconds West a distance of 210.10 feet to a point and established corner located on the northerly side of Mt. Olivet Road; running thence in a southeasterly direction and along the northerly side of Mt. Olivet Road, and following the curvature thereof, a distance of 76.49 feet to a point located at the intersection of the northerly side of Mt. Olivet Road and the southerly land lot line of Land Lot No. 125; running thence South 89 degrees 52 minutes 33 seconds East and along the southerly land lot line of Land Lot No. 125 a distance of 623.81 feet to a point and established corner, same being the point of beginning; being all as shown upon that plat of survey prepared by John Drewson, Engineer, dated in June of 1982; said plat being made a part hereof by this reference thereto. TOGETHER WITH any and all easement rights including those obtained in Warranty Deed dated April 1, 1986, from David Van Dyke and Joyce N. Van Dyke recorded May 9, 1986, in Deed Book 3928, Page 123, Records of Cobb County, Georgia.

GEORGIA LAWS 2014 SESSION

4109

Tract 4: LEGAL DESCRIPTION: LAND LOT 60, TAX PARCEL 2 4163 Wade Green ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 60 of the 20th District, 2nd Section, Cobb County, referred to as the property of Mt. Zion Church, as shown at Plat Book 27, Page 153, Cobb County, Georgia records. Less and except those parcels conveyed to the Department of Transportation at Deed Book 1506, Page 579, and Deed Bok 1515, Page 527, aforesaid records."

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 2014 session of the General Assembly, a bill to amend an Act creating a new charter for the City of Kennesaw, approved May 6, 2013 (Ga. L. 2013, p. 8644), as amended, so as to change the provisions relating to the corporate limits of the city and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ed Setzler, who on oath deposes and says that he is the Representative from District 35 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on February 28, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ED SETZLER Ed Setzler Representative, District 35
Sworn to and subscribed before me, this 3rd day of March, 2014.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 [SEAL]

4110

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Approved April 10, 2014.

__________

COBB JUDICIAL CIRCUIT JUDGES; COMPENSATION.

No. 450 (House Bill No. 1126).

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 7, 2013 (Ga. L. 2013, p. 4435), 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 7, 2013 (Ga. L. 2013, p. 4435), 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 no less than $65,893.00, 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 no less than $10,396.00 annually, payable 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 2014 session of the General Assembly of Georgia a bill to amend an Act creating the Cobb Judicial Circuit, approved

GEORGIA LAWS 2014 SESSION

4111

February 19, 1951 (Ga. L. 1951, p. 184), as amended, so as to provide for 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, 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 28, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ STACEY EVANS Stacey Evans Representative, District 42

Sworn to and subscribed before me, this 6th day of March, 2014.

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

Approved April 10, 2014.

__________

COBB COUNTY JUDGE OF PROBATE COURT; CLERK; COMPENSATION.

No. 451 (House Bill No. 1127).

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

4112

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

approved May 12, 2008 (Ga. L. 2008, p. 3732), so as to change the compensation of the judge of the probate court; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act changing the 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 12, 2008 (Ga. L. 2008, p. 3732), is amended by revising Section 2A as follows:

"SECTION 2A. The judge of the Probate Court of Cobb County shall receive an annual salary of $129,179.63, to be paid in equal monthly installments from the funds of Cobb County."

SECTION 2. Said Act is further amended by revising the second sentence of Section 3 as follows:
"The clerk of the probate court shall be compensated in the amount of $85,906.89 per annum, payable in equal monthly installments from the funds of Cobb County."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to amend an Act changing the compensation of the clerk and the judge of the Probate Court of Cobb County, and for other purposes.
Representative Stacey Evans District 42

GEORGIA LAWS 2014 SESSION

4113

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 28, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ STACEY EVANS Stacey Evans Representative, District 42

Sworn to and subscribed before me, this 6th day of March, 2014.

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

Approved April 10, 2014.

__________

CITY OF CLARKSTON CORPORATE LIMITS; REFERENDUM.

No. 452 (House Bill No. 1128).

AN ACT

To amend an Act to reincorporate the City of Clarkston in the County of DeKalb, approved April 21, 1967 (Ga. L. 1967, p. 3391), as amended, so as to change the corporate limits of the city by annexing certain territory; to provide for related matters; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

4114

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

PART ONE SECTION 1-1. An Act to reincorporate the City of Clarkston in the County of DeKalb, approved April 21, 1967 (Ga. L. 1967, p. 3391), as amended, is amended by designating the existing text in Section 1.02 as subsection (a) and adding a new subsection to read as follows: "(b) In addition to all other territory included within the boundaries of the city, the city shall also include the following described real property: Beginning at a point on the existing corporate limit line of the City of Clarkston approximately two hundred fifty (250) feet north of the intersection of Casa Drive and Casa Woods Lane; Then, following the existing curved corporate limit line of the City of Clarkston in a south-southeasterly direction to a point where the existing corporate limit line of the City of Clarkston intersects the southern right-of-way line of Rowland Street, approximately one hundred fifty (150) feet east of the intersection of Rowland and Lovejoy Streets; Then, following a line consistent with the boundary lines of adjacent parcels in a westerly direction for approximately two thousand five hundred (2,500) feet, to a point on the eastern right-of-way line of Interstate 285; Then, following the eastern right-of-way line of Interstate 285 south to a point approximately seven hundred (700) feet to the west of the intersection of Northern Avenue and Indian Creek Way; Then, crossing the right-of-way of Interstate 285 and continuing west following a line consistent with the boundary lines of adjacent parcels to a point along the eastern right-of-way line of Glendale Road approximately 1,500 feet southeast of Church Street; Then, following the eastern right-of-way line of Glendale Road in a northerly direction to its intersection with Gifford Street; Then, following the northern right-of-way line of Gifford Street in a southwesterly direction to the end of Gifford Street; Then, continuing in such southwesterly direction along a line consistent with adjacent parcels for approximately one thousand five hundred (1,500) feet to a point along the eastern right-of-way line of Woodland Avenue; Then, following the eastern right-of-way line of Woodland Avenue south to its intersection with North Decatur Road; Then, following the northern right-of-way line of North Decatur Road west to its intersection with Church Street; Then, following the southern right-of-way line of Church Street in a northeasterly direction to the western right-of-way line of Interstate 285; Then, crossing the right-of-way of Interstate 285 diagonally in a northeasterly direction to the meeting place of the eastern right-of-way line of Interstate 285 and the northern right-of-way line of East Ponce de Leon Avenue; Then, following the eastern right-of-way line of Interstate 285 in a northerly direction for approximately nine hundred and eighty (980) feet to a point where the eastern right-of-way line of Interstate 285 intersects the existing corporate limit line of the City of Clarkston; Then, following the corporate limit line of the City of Clarkston in a easternly direction for approximately one hundred and twenty (120) feet, then in a northerly direction for approximately two thousand (2,000) feet, then in an easterly direction for approximately seven hundred and fifty

GEORGIA LAWS 2014 SESSION

4115

(750) feet to a point approximately two hundred fifty (250) feet north of the intersection of Casa Drive and Casa Woods Lane, this point being the point of beginning."

SECTION 1-2. Provided that the City of Clarkston conducts a referendum on and the electors approve a freeport exemption at the 2014 general primary, the election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting this part to the electors of the territory sought to be annexed into the City of Clarkston under this part for approval or rejection. If the City of Clarkston does not conduct a referendum on a freeport exemption at the 2014 general primary or if such referendum fails, then no election shall be held to approve this part and this part shall be repealed by operation of law on July 1, 2014. The election superintendent shall conduct such election in conjunction with the 2014 general primary 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 Part One of the Act which annexes certain land into the City of ( ) NO Clarkston be approved?"
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 part shall become effective on January 1, 2015. If more than one-half of the votes cast on such question are for rejection of the annexation, this part 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 Clarkston. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

PART TWO SECTION 2-1. An Act to reincorporate the City of Clarkston in the County of DeKalb, approved April 21, 1967 (Ga. L. 1967, p. 3391), as amended, is amended by designating the existing text in Section 1.02 as subsection (a) and adding a new subsection to read as follows: "(b) In addition to all other territory included within the boundaries of the city, the city shall also include the following described real property: Beginning at a point where the existing corporate limit line of the City of Clarkston intersects with the eastern right-of-way line of Montreal Road and the southern right-of-way line of Stone Mountain Highway (also known as U.S. Highway 78); Then, crossing Stone Mountain Highway to a point where the northern right-of-way line of Stone Mountain Highway meets the eastern right-of-way line of Montreal Road; Then,

4116

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

following the northern right-of-way line of Stone Mountain Highway in an easterly direction to a point approximately two thousand five hundred (2,500) feet east of Brockett Road; Then, crossing the Stone Mountain Highway right-of-way and following a line consistent with boundary lines of adjacent parcels in a southerly direction to a point along the northern right-of-way line of E. Ponce de Leon Avenue approximately eight hundred (800) feet west of the intersection of Idlewood Road and East Ponce de Leon Avenue; Then, following the northern right-of-way line of E. Ponce de Leon Avenue in a westerly direction to a point approximately two hundred sixty (260) feet west of the intersection of E. Ponce de Leon Avenue and Brockett Road; Then, following a line consistent with the boundary lines of adjacent parcels due south to a point where said line intersects the existing corporate limit line of the City of Clarkston; Then, following the existing corporate limit line of the City of Clarkston in a westerly direction to a point where it intersects the right-of-way line of Montreal Road, this point being the point of beginning."

SECTION 2-2. The election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting this part to the electors of the territory sought to be annexed into the City of Clarkston under this part for approval or rejection. The election superintendent shall conduct such election in conjunction with the 2014 general primary 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 Part Two of the Act which annexes certain land into the City of ( ) NO Clarkston be approved?"
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 part shall become effective on January 1, 2015. If more than one-half of the votes cast on such question are for rejection of the annexation, this part 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 Clarkston. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

PART THREE SECTION 3-1. All laws and parts of laws in conflict with this Act are repealed.

GEORGIA LAWS 2014 SESSION

4117

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to amend an Act to reincorporate the City of Clarkston in the County of DeKalb, approved April 21, 1967 (Ga. L. 1967, p. 3391), as amended, so as to change the corporate limits of the city by annexing certain territory; to provide for related matters; to provide for a referendum; to provide an effective date; and for other purposes.

Tracy Ashby, City Clerk City of Clarkston

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 14, 2014, 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 4th day of March, 2014.

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

Approved April 10, 2014.

__________

4118

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CITY OF HAMILTON NEW CHARTER.

No. 453 (House Bill No. 1129).

AN ACT

To provide for a new charter for the City of Hamilton; 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 council; to provide for councilmembers' 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 council; 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 council 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 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 licenses and permits; to provide for franchises; to provide for service fees; 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.

GEORGIA LAWS 2014 SESSION

4119

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.

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

SECTION 1.11. Corporate boundaries.

(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of the Mayor of Hamilton and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Hamilton, Georgia." Photographic, typed, or other copies of such map or description certified by the Mayor shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

SECTION 1.12. Powers and construction.

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

4120

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1.13. Exercise of powers.

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

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

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 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) Vacancies - The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Filling of vacancies - A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the city council or those members remaining if less than 12 months remains in the unexpired term. If such vacancy occurs 12 months or more prior to the expiration of the term of that office, it shall be filled for the remainder of the unexpired term by a special election, as provided for in Section 5.14

GEORGIA LAWS 2014 SESSION

4121

of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., or other such laws as are or may hereafter be enacted. (c) This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember.

SECTION 2.13. Compensation and expenses.

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

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

(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Except as authorized by law, the mayor or any councilmember shall not hold any other city office or city employment during the term for which that person was elected. (c) Neither the mayor nor any member of the city council shall vote upon, sign or veto any ordinance, resolution, contract or other matter in which that person is financially interested.

SECTION 2.15. Inquiries and investigations.

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

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

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

4122

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

or well-being of the inhabitants of the City of Hamilton 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. Meetings.

The city council shall hold regular meetings on the second Monday of each calendar month as such times as may be determined by the city. The meeting shall be called to order by the mayor and the oath of office shall be administered to any newly elected members by a judicial officer authorized to administer oaths and shall, to the extent that it comports with federal and state law, be as follows:
"I do solemnly (swear)(affirm) that I will faithfully perform the duties of (mayor)(councilmember) of this city and that I will support and defend the charter thereof as well as the constitution and laws of the State of Georgia and of the United States of America. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of the City of Hamilton 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 Hamilton to the best of my ability without fear, favor, affection, reward, or expectation thereof."

GEORGIA LAWS 2014 SESSION

4123

SECTION 2.19. Regular and special meetings.

(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or any member of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmembers presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.

SECTION 2.20. Rules of procedure.

(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committees and committee chairs and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.

SECTION 2.21. Quorum; voting.

(a) Three of the elected officials shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers, including the vote of the mayor, 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

4124

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

interest which is disclosed in writing prior to or at the meeting and made a part of the minutes. Any member of the city council present and eligible to vote on a matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of interest shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved.

SECTION 2.22. Ordinance form; procedures.

(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Hamilton" and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.

SECTION 2.23. Action requiring an ordinance.

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

SECTION 2.24. Emergencies.

(a) To meet a public emergency affecting life, health, property or public peace, the city council may convene on call of the mayor or three councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three elected officials shall be required for adoption. It shall become effective upon adoption or

GEORGIA LAWS 2014 SESSION

4125

at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.

SECTION 2.25. Codes of technical regulations.

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

4126

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

SECTION 2.27. City manager; appointment; qualifications; compensation.

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

SECTION 2.28. Removal of city manager.

(a) The city council may remove the manager from office in accordance with the following procedures:
(1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the manager; (2) Within five days after a copy of the resolution is delivered to the manager, the manager may file with the city council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The manager may file with the council a written reply not later than five days before the hearing; and (3) If the manager has not requested a public hearing within the time specified in paragraph (2) of this section, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the manager has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing. (b) The manager may continue to receive a salary until the effective date of a final resolution of removal.

SECTION 2.29. Acting city manager.

By letter filed with the city clerk, the manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties

GEORGIA LAWS 2014 SESSION

4127

of manager during the manager's temporary absence or physical or mental disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return or the manager's disability shall cease.

SECTION 2.30. Powers and duties of the city manager.

The city manager shall be responsible to the city council for the administration of all city affairs placed in the manager's charge by or under this charter. The manager shall:
(1) Appoint and, when the manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the 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 the following 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 manager or by officers subject to the manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the 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 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; 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 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 manager solely through the manager initially, and if the

4128

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

officers or employee meets with a member or the city council, such interview shall include the manager so that both parties are represented at any such meeting. Neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately, without consultation with the city manager, and the authority of the city manager shall not be abrogated.

SECTION 2.32. Selection of mayor and mayor pro tem.

At each regular election 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. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers. 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 before the council, and, if a vacancy occurs, shall become mayor for the remainder of the expired term.

SECTION 2.33. Powers and duties of mayor.

The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; and (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances and other instruments executed by the city which by law are required to be in writing.

SECTION 2.34. Position of mayor pro tem.

During the absence or physical or mental disability of the mayor for any cause, the mayor pro tem, or in the mayor pro tem's absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tem or selected

GEORGIA LAWS 2014 SESSION

4129

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.

SECTION 2.35. Chief executive officer.

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

SECTION 2.36. Powers and duty of mayor.

As the chief executive of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient; (3) Call special meeting of the city council as provided for in subsection (b) of Section 2.19 of this charter; (4) Approve or disapprove ordinances as provided for in Section 2.37 of this charter; (5) Provide for an annual audit of all accounts of the city; (6) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; and (7) Perform such other duties as may be required by law, this charter, or by ordinance.

SECTION 2.37. Submission of ordinances to the mayor; veto power.

(a) Every ordinance adopted by the city council shall be presented promptly by the clerk to the mayor. (b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk with or without the mayor's approval, or with the mayor's disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of reasons for the veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor.

4130

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting. If the city council then or at its next meeting adopts the ordinance by an affirmative vote of three members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section.

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

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

SECTION 3.11. Boards, commissions and authorities.

(a) The city council shall create by ordinance such boards, commissions and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the city council deems necessary, and shall by ordinance establish the composition, period of existence, duties and powers thereof.

GEORGIA LAWS 2014 SESSION

4131

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

SECTION 3.12. City attorney.

The city council and mayor shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney. The city attorney is not a public official of the city and does not take an oath of office. The city attorney shall at all times be an independent contractor. A law firm, rather than an individual, may be designated as the city attorney.

4132

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 3.13. City clerk.

The city council and mayor 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 and mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees.

SECTION 3.15. Personnel policies.

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

ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.

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

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 LAWS 2014 SESSION

4133

Georgia and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at-will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.

SECTION 4.12. Convening.

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

SECTION 4.13. Jurisdiction; powers.

(a) The municipal court shall have jurisdiction and authority to try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (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.

4134

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party, to enforce obedience to its orders, judgments and sentences, and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court 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 Harris County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

SECTION 4.15. Rules for court.

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

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

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

GEORGIA LAWS 2014 SESSION

4135

SECTION 5.11. Election of the city council and mayor.

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

SECTION 5.12. Nonpartisan elections.

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

SECTION 5.13. Election by 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 appoint a successor for the remainder of the officer's term or until the next general election, whichever comes first.

SECTION 5.15. Other provisions.

Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Election Code.

SECTION 5.16. Removal of officers.

(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.

4136

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Harris County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (2) By an order of the Superior Court of Harris County following a hearing on a complaint seeking such removal brought by any resident of the city of Hamilton, Georgia.

ARTICLE VI FINANCE
SECTION 6.10. Property tax.

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

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

The city council, by ordinance, shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council, by ordinance, may provide for the payment of these taxes by 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.

GEORGIA LAWS 2014 SESSION

4137

SECTION 6.13. Regulatory fees; permits.

The city council by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity, and if unpaid, shall be collected as provided in Section 6.18 of this charter.

SECTION 6.14. Franchises.

(a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies and other similar organizations franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.

SECTION 6.15. Service charges.

The city council by ordinance shall have the power to assess and collect fees, charges, assessments, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.

4138

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 6.16. Special assessments.

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

SECTION 6.17. Construction; other taxes and fees.

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

SECTION 6.18. Collection of delinquent taxes and fees.

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

SECTION 6.19. General obligation bonds.

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

SECTION 6.20. Revenue bonds.

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

GEORGIA LAWS 2014 SESSION

4139

SECTION 6.21. Short-term loans.

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

SECTION 6.22. Lease-purchase contracts.

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

SECTION 6.23. Fiscal year.

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

SECTION 6.24. Preparation of budgets.

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

SECTION 6.25. Submission of operating budget to city council.

On or before a date fixed by the city council but not later than 45 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor and city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next

4140

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

SECTION 6.27. Tax levies.

The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinances shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.

GEORGIA LAWS 2014 SESSION

4141

SECTION 6.28. Changes in appropriations.

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

SECTION 6.29. Capital budget.

(a) On or before the date fixed by the city council but no later than 45 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the eighth day of December of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the city manager may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.

SECTION 6.30. Independent audit.

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

4142

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 6.31. Contracting procedures.

No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted to and reviewed by the city attorney, and as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21 of this charter.

SECTION 6.32. Centralized purchasing.

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

SECTION 6.33. Sale and lease of city property.

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.

ARTICLE VII SECTION 7.10. Bonds for officials.

The officers and employees of this city, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.

SECTION 7.11. Existing ordinances, resolutions, rules and regulations.

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

GEORGIA LAWS 2014 SESSION

4143

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 45 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges and powers as may be required or desired to allow a reasonable transition.

SECTION 7.13. Pending matters.

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

SECTION 7.14. Construction.

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

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.

4144

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 7.16. Repealer.

An Act incorporating the City of Hamilton in the County of Harris, approved March 6, 1964 (Ga. L. 1964, p. 2601), is repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. All other laws and parts of laws in conflict with this charter are hereby repealed.

APPENDIX Examples of powers from Section 1.12.

(a) Animal regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (b) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (c) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, fire safety, electrical, gas, and heating and air conditioning codes; and to regulate all housing, and building trades; (d) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades and professions as authorized by Title 48 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (e) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. 41, 77 S.E.2d 740 (1953). 67 City of Sandy Springs Charter Art. 1, Para. 3.18 Annotated, or such other applicable laws as are or may hereafter be enacted; (f) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations; (g) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the city;

GEORGIA LAWS 2014 SESSION

4145

(h) Environmental protection. To protect and preserve the natural resources, environment and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of stormwater and establishment of a stormwater utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (i) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (j) Garbage fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges; (k) General health, safety and welfare. To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (l) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (m) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (n) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains and other public property in the city, to provide for commitment of such persons to any jail, to provide for the use of pretrial diversion and any alternative sentencing allowed by law, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (o) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys and walkways of the city; (p) Municipal agencies and delegation of power. To create, alter or abolish departments, boards, offices, commissions and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (q) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this charter or the laws of the State of Georgia;

4146

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(r) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (s) Municipal property protection. To provide for the preservation and protection of property and equipment of the city, and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (t) Municipal utilities. To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, stormwater management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same; (u) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (v) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (w) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (x) Police and fire protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a firefighting agency; (y) Public hazards: removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (z) Public improvements. To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (aa) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (bb) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (cc) Public utilities and services. To grant franchises or make contracts for, or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission;

GEORGIA LAWS 2014 SESSION

4147

(dd) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (ee) Retirement. To provide and maintain a retirement plan and other employee benefit plans and programs for officers and employees of the city; (ff) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so; (gg) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose and collect a sewer connection fee or fees to those connected with the system; (hh) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish and refuse, and to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items; (ii) Special areas of public regulation. To regulate or prohibit junk dealers, the manufacture and sale of intoxicating liquors; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; to license and tax professional fortunetelling, palmistry, and massage parlors; and to restrict adult bookstores to certain areas; (jj) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (kk) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (ll) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (mm) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public

4148

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (nn) Urban redevelopment. To organize and operate an urban redevelopment program; (oo) Other powers. To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given of Intention to introduce in the Georgia General Assembly at the 2014 Session a bill to amend and reincorporate the charter of the City of Hamilton as enacted by Local and Special Acts, and Resolutions of the General Assembly of the State of Georgia, 1984 (Ga. L. 1984, p. 2801) and such amendments thereto as may have been enacted since that time.
/s/Rebecca Chambers, Mayor City of Hamilton
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Pezold, who on oath deposes and says that he is the Representative from District 133 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Harris County Journal which is the official organ of Harris County on February 20, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JOHN PEZOLD John Pezold Representative, District 133

GEORGIA LAWS 2014 SESSION

4149

Sworn to and subscribed before me, this 7th day of March, 2014.

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

Approved April 10, 2014.

__________

HALL COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION.

No. 454 (House Bill No. 1131).

AN ACT

To create a board of elections and registration for Hall 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 certain powers and duties and to provide for the transfer of certain items to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board; to provide for offices and equipment; to provide for personnel and their compensation; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for certain definitions; 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, effective January 1, 2015, the Board of Elections and Registration of Hall County, hereinafter referred to as "the board." The board shall have the powers and duties of the former superintendent of elections of Hall County relative to the conduct of primaries and elections and shall have the powers and duties of the Board of Registrars of Hall County relating to the registration of voters and absentee balloting procedures.

4150

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2. (a) The board shall be composed of five members, each of whom shall be an elector and resident of Hall County and shall be selected in the following manner:
(1) Two members of the board shall be appointed by the chairperson of the county executive committee of the political party whose candidate for President of the United States at the last election for such office preceding such appointment received the largest number of votes in the county. Two members of the board shall be appointed by the chairperson of the county executive committee of the political party whose candidate for President of the United States at the last election for such office preceding such appointment received the next largest number of votes in the county. Each appointment shall have been ratified by a majority of the members of each of such respective county executive committees voting at a regularly scheduled meeting of such respective executive committees or a meeting duly called and held for such purpose. In the event that such appointments are not ratified by a majority of the members of such executive committees at least 60 days preceding the date on which such members are to take office, then the members of the respective executive committees may appoint such members by a two-thirds' majority of the membership of such executive committee at a regularly scheduled meeting or at a meeting duly called and held for such purpose. In the event that members of such executive committees fail to appoint such members at least 30 days preceding the date on which such members are to take office, such members shall be appointed by the Board of Commissioners of Hall County; and (2) The fifth member of the board shall be the person who is serving as chief registrar of the county pursuant to Code Section 21-2-212 of the O.C.G.A. on the effective date of this Act and shall be so certified by the commissioners. Successors to such member shall be appointed by the commissioners. The fifth member shall be the chairperson of the board. (b) The initial terms of office of the first members of the board shall expire on December 31, 2018, and upon the appointment and qualification of their respective successors.

SECTION 3. Each member of the board shall:
(1) Serve for a term of four years and until a successor is appointed and qualified, except that the initial terms of office shall be as provided in subsection (b) of Section 2 of this Act; (2) Be eligible to succeed such member and shall have the right to resign at any time by giving written notice of such resignation to the commissioners and to the Clerk of the Superior Court of Hall County; and (3) Shall be subject to removal from the board at any time, for cause, after notice and hearing, by the commissioners.

SECTION 4. (a) The appointment of each member shall be evidenced by the appointing authority filing an affidavit with the Clerk of the Superior Court of Hall County no later than 30 days

GEORGIA LAWS 2014 SESSION

4151

preceding the date upon which such member is to take office, stating the name and residence address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The Clerk of the Superior Court of Hall County shall be notified of interim appointments in the same manner as the regular appointment of members. (b) The Clerk of the Superior Court of Hall County shall record each such certification on the minutes of the 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 5. 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 2 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 2 of this Act. If a vacancy in office under subsection (a) of Section 2 of this Act is not filled within 60 days after it occurs, the vacancy shall be filled for the remainder of the unexpired term by the commissioners.

SECTION 6. (a) The first members of the board under this Act shall be appointed as provided in this Act to take office on January 1, 2015. The board shall take no official action until all members have been certified to the Clerk of the Superior Court of Hall 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 7. (a) The board 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 shall be empowered with all the powers and duties relating to the registration of voters and absentee balloting procedures as the board of registrars pursuant to the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

SECTION 8. 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 membership of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office.

4152

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 9. Any rule or regulation promulgated by a county executive committee 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 10. (a) Nothing in this Act shall be construed to require or prohibit joint primaries or to require or prohibit the commissioners or any other public agency to bear any expense of conducting primaries not otherwise required by law. (b) The board shall have the authority to contract with any municipal corporation located within Hall County for the holding by the board of any primary or election to be conducted within such municipal corporation.

SECTION 11. 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 12. (a) The board shall be authorized and empowered to organize itself, may elect from among its membership a vice 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 state law. (b) Action and decision by the board shall be by a majority of the members of the board.

SECTION 13. (a) The board shall fix and establish, by appropriate resolution entered on its minutes, the directives governing the execution of matters within its jurisdiction. The board shall have regular monthly meetings at the principal office of the board or at the place of meetings of the commissioners. Any specially called meetings held pursuant to the by-laws adopted by the board shall be held only after notification of the time and place of such meeting has been communicated in writing to the person designated by the commissioners to provide public information. All meetings of the board, of whatever kind, shall be open to the public. (b) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written records shall be made available for the public to review.

GEORGIA LAWS 2014 SESSION

4153

SECTION 14. (a) 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 the law and the duly adopted resolutions of the board. (b) Compensation for the members of the board shall be fixed by the commissioners, but the first chairperson shall receive as a minimum the same compensation as was received by the chief registrar of the county on January 1, 2014, and such minimum may be increased by the commissioners to reflect the additional duties the chairperson will perform under this Act, and the other members of the board shall receive as a minimum for each day of service on the business of the board the same per diem as provided for registrars, other than the chief registrar, under Code Section 21-2-212 of the O.C.G.A. (c) All amounts payable under this section shall be paid from the funds of Hall County.

SECTION 15. The commissioners shall be authorized to expend public funds to provide the board with such proper and suitable administrative offices and with such clerical assistance and other employees as the commissioners shall deem appropriate. Compensation for such administrative personnel shall be paid by the commissioners under the personnel system wholly from county funds. This section shall not be construed so as to require the commissioners to expend any funds simply because they are authorized to do so under this Act.

SECTION 16. The board shall be responsible for the selection, appointment, and training of poll workers in elections. Such workers shall be appointed, insofar as practicable, from lists provided by the county executive committee of those political parties whose nominees for President of the United States received at least 10 percent of the vote in Hall County for such office during the most recent general election for that office. It shall be the responsibility of any such political party to provide such list to the board in a timely fashion and to supplement such list upon a reasonable request to do so.

SECTION 17. The terms "election," "elector," "political party," "primary," and "public office" shall have the same meanings as set forth in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," unless otherwise clearly apparent from the context of this Act; and the term "commissioners" means the Board of Commissioners of Hall County, and "county" means Hall County.

SECTION 18. Effective on the first day that the board can take official action under Section 6 of this Act, the Board of Elections of Hall County and the Board of Registrars of Hall County shall be

4154

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

relieved of all powers and duties to which the board 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. On such date, the Board of Registrars of Hall County shall stand abolished.

SECTION 19. Effective on the first day that the board can take official action under Section 6 of this Act, an Act to provide for the board of elections of Hall County, approved March 19, 1987 (Ga. L. 1987, p. 4245), and all amendatory Acts thereto shall be repealed.

SECTION 20. This Act shall become effective on July 1, 2014.

SECTION 21. All laws and parts of laws in conflict with this Act are repealed.

Notice is given that a Bill will be introduced during this Session of the Georgia Legislature for the purpose of creating a law and to create a Board of Election and Registrations for Hall County and provide for its powers and duties; to provide for the composition of the Board and the selection and appointment of its members; to provide for the qualification and removal of members; to provide for oaths and privileges; to provide for meetings and procedures; to relieve certain officers of certain powers and duties and to provide for the transfer of certain items to the newly created Board; to provide for expenditures of public funds for certain purposes; to provide for compensation of members of the Board, an election superintendent; to provide for offices and equipment; to provide for the Board's performance of certain functions and duties for certain municipality; to provide for the meaning of certain terms; to provide for effective dates; to repeal conflicting laws; and for other purposes.
This 27th day of February, 2014.
Representative Carl Rogers Georgia House of Representatives
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Rogers, who on oath deposes and says that he is the Representative from District 29 and further deposes and says that the attached Notice of Intention to Introduce

GEORGIA LAWS 2014 SESSION

4155

Local Legislation was published in the Times which is the official organ of Hall County on February 27, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CARL ROGERS Carl Rogers Representative, District 29

Sworn to and subscribed before me, this 5th day of March 2014.

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

Approved April 10, 2014.

__________

MACON-BIBB COUNTY COMMISSIONERS; HEALTH CARE BENEFITS.

No. 455 (House Bill No. 1133).

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), as amended, so as to provide that for certain purposes, commissioners shall be eligible to participate in health care benefits; 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), as amended, is amended by revising subsection (g) of Section 9 as follows:
"(g) Commissioners shall be eligible for coverage under any health care benefits offered to city employees."

4156

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 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) as amended, and for other purposes.
Representative Nikki Randall District 142
A BILL TO BE ENTITLED AN ACT
To amend and 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) as amended, so as to provide that for certain purposes commissioners shall be eligible to participate in health care benefits; 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), as amended, is amended by revising subsection (g) of Section 9 as follows: "(g) Commissioners shall be eligible for coverage under any health care benefits offered to city employees."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 March 1, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2014 SESSION

4157

s/ NIKKI RANDALL Nikki Randall Representative, District 142

Sworn to and subscribed before me, this 7th day of March, 2014.

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

Approved April 10, 2014.

__________

CITY OF ELLIJAY CORPORATE BOUNDARIES.

No. 456 (House Bill No. 1135).

AN ACT

To amend an Act providing a new charter for the City of Ellijay in Gilmer County, approved April 11, 1979 (Ga. L. 1979, p. 3881), as amended, so as to change the corporate boundaries of the city and exclude certain territory from the City of Ellijay; 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 Ellijay in Gilmer County, approved April 11, 1979 (Ga. L. 1979, p. 3881), as amended, is amended by adding immediately after Section 1.11A a new Section 1.11B to read as follows:

"SECTION 1.11B. The provisions of Sections 1.11 and 1.11A of this Act notwithstanding, on and after the effective date of this section the following described property shall be not be included within the corporate boundaries of the City of Ellijay and shall be excluded from the city:
All that tract or parcel of land lying and being in Gilmer County, Georgia, and being more particularly described as follows: beginning at the Georgia State Highway 515 S. intersection with Mountain View Drive; thence running south along the western

4158

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

right-of-way of Georgia State Highway 515 to a point 3700 feet from the point of beginning; thence running at a ninety degree angle across State Highway 515 to the eastern right-of-way of Georgia State Highway 515 to a point; thence running north along the eastern right-of-way of Georgia State Highway 515 a distance of 3700 feet to a point located at the northeastern intersection of Highland Crossing and Georgia State Highway 515; thence running in a westerly direction at a ninety degree angle across Georgia State Highway 515 to the point of beginning."

SECTION 2. 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 2014 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Ellijay in Gilmer County, approved April 11, 1979 (Ga. L. 1979, p. 3881), as amended; and for other purposes.
David E. Ralston
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Ralston, who on oath deposes and says that he is the Representative from District 7 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times-Courier which is the official organ of Gilmer County on March 6, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DAVID RALSTON David Ralston Representative, District 7
Sworn to and subscribed before me, this 10th day of March, 2014.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia

GEORGIA LAWS 2014 SESSION

4159

My Commission Expires January 23, 2015 [SEAL]

Approved April 10, 2014.

__________

CITY OF BROOKHAVEN REDEVELOPMENT POWERS; REFERENDUM.

No. 457 (House Bill No. 1136).

AN ACT

To authorize the City of Brookhaven 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 Brookhaven 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 Brookhaven 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 Brookhaven 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. The municipal election superintendent of the City of Brookhaven 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 Brookhaven for approval or rejection. The municipal election superintendent shall conduct that election on the date of the 2014 November general election and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:

4160

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"( ) YES Shall the Act be approved which authorizes the City of Brookhaven to exercise all redevelopment powers allowed under the 'Redevelopment
( ) NO 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 City of Brookhaven. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to authorize the ++City of Brookhaven++ to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; and for other purposes.
Representative Mike Jacobs District 80
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

GEORGIA LAWS 2014 SESSION

4161

County on March 6, 2014, 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 10th day of March, 2014.

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

Approved April 10, 2014.

__________

CITY OF HOLLY SPRINGS TERMS AND MANNER OF ELECTION OF MAYOR AND COUNCIL; WARDS; QUALIFICATIONS; VACANCIES; REMOVAL FROM OFFICE.

No. 458 (House Bill No. 1137).

AN ACT

To amend an Act creating a new charter for the City of Holly Springs in the County of Cherokee, approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3679), and an Act approved April 24, 2013 (Ga. L. 2013, p. 3648), so as to provide for the terms and manner of election of the mayor and councilmembers; to provide for wards; to provide for qualifications; to provide for the filling of vacancies; to provide for removal from 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 new charter for the City of Holly Springs in the County of Cherokee, approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, particularly by an Act

4162

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

approved April 13, 2001 (Ga. L. 2001, p. 3679), and an Act approved April 24, 2013 (Ga. L. 2013, p. 3648), is amended by revising Section 2.02 as follows:

"SECTION 2.02. The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he or she has been a resident of the city for one year prior to the date of the election of mayor and councilmembers and has been a resident of the ward which he or she represents for a period of one year previous to the election in which he or she is a candidate. Each shall continue to reside in such ward during such member's period of service and continue to be registered and eligible to vote in municipal elections of the city."

SECTION 2. Said Act is further amended by revising Article V as follows:

"ARTICLE V ELECTIONS

SECTION 5.01. Applicability of general law.

All primaries and elections shall be held and conducted in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'

SECTION 5.02. Regular elections.

(a)(1) For purposes of electing members of the city council, the city is divided into five wards. One member of the council shall be elected from each such ward. The five 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: hollysprings-2014 Plan Type: Local Administrator: Holly Springs 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

GEORGIA LAWS 2014 SESSION

4163

(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 which is not included in any ward described in paragraph (1) of this subsection shall be included within that ward 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 which is described in paragraph (1) of this subsection as being included in a particular ward shall nevertheless not be included within such district 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 2010 for the State of Georgia. (b) Those members of the city council who are serving as such on the effective date of this section 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. (c) On and after the effective date of this section, Kyle Whitaker shall be deemed to represent Ward No. 1, Debbie Phillips shall be deemed to represent Ward No. 2, Michael Roy Zenchuk II shall be deemed to represent Ward No. 3, Karen Barnett shall be deemed to represent Ward No. 4, and Jeremy Smith shall be deemed to represent Ward No. 5.

SECTION 5.03. Election at large; plurality vote.

The councilmember for each ward and the mayor shall be elected by the qualified electors of the city at large, and each candidate for mayor and city council receiving a plurality of the votes cast from the city at large shall be declared elected.

SECTION 5.04. Special elections; vacancies.

In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the city council or those remaining shall call for a special election to fill the balance of the unexpired term of such office; provided, however, that, if such vacancy occurs within six months of the expiration of the term of such 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.'

4164

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 5.05. Other provisions.

Except as otherwise provided by this charter, the city council shall by ordinance prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the provisions of state law pertaining to elections.

SECTION 5.06. Grounds and procedure for removal of elected officers.

The council may by ordinance set forth the grounds and procedure for the removal of elected officials of the City of Holly Springs."

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

Plan: hollysprings-2014 Plan Type: Local Administrator:Holly Springs User: bak

District 001 Cherokee County VTD: 057019 - HICKORY FLAT 090803: 1047 1049 1050 VTD: 057022 - HOLLY SPRINGS 090702: 1017 1020 1025 1060 1061 1062 1063 1065 1074 1075 VTD: 057042 - WILDCAT 090702: 1069 3004 3005 3006 3009 3010 3011 3015 3017 3020 3021 3023 3025 4000 4002 4003 4006

District 002 Cherokee County VTD: 057003 - AVERY 090803: 1072

GEORGIA LAWS 2014 SESSION
VTD: 057008 - BRADSHAW 090803: 1080 1081 2004 3002 090804: 1005 VTD: 057019 - HICKORY FLAT 090803: 1006 1007 1008 1020 1043 1052 1053 1054 1055 1056 1058 1059 1060 1068 1069 1070 1071 1075 1076 1077 1078 3004 VTD: 057042 - WILDCAT 090702: 3000 3003 3027 090803: 2003
District 003 Cherokee County VTD: 057019 - HICKORY FLAT 090803: 1009 1010 1012 1013 1014 1015 1016 1019 1021 1022 1023 1025 1026 1027 1028 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1044 1045 1057 1061 1062 1063 1064 1074 1079 1085 VTD: 057042 - WILDCAT 090702: 1071 090803: 1018
District 004 Cherokee County VTD: 057022 - HOLLY SPRINGS 090702: 1026 2000 2001 2002 2003 2004 2005 2008 2009 2011 2013 2015 2016 2018 2019 2020 2021 2022 2023 2025 2026 2028 2030 2032 2033 2040 2041 2042 2043 2050 4009 4010 4012 4021 4022 4023 VTD: 057037 - TOONIGH 090701: 3049 3053 3055 3057 3068 3074 3077 3080 3081 3082 3083 3084 3086

4165

4166

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

090702: 2034 2037 2038 2045 2047 2051 2052 2054 4013 4019 4028 4029 4032 090804: 2007 2008 2009 2010 2015 3003 3004 3005 3006 3007

District 005 Cherokee County VTD: 057022 - HOLLY SPRINGS 090702: 1007 1013 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1045 1046 1047 1048 1050 1051 1052 1053 1054 1066 1067 1068 VTD: 057024 - LIBERTY 090701: 3001 3007 3008 3009 3010 3013 3014 3015 3016 3018 3019 3020 3022 3024 3028 3029 3030 4121 4122 4124 4134 090702: 1055 2006 2007 2010 2048 2049 VTD: 057034 - SIXES 090701: 3027 3031 3032 3033 3034 3044

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Holly Springs in the County of Cherokee, approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3679), and an Act approved April 24, 2013 (Ga. L. 2013, p. 3648), so as to provide for the terms and manner of election of the mayor and councilmembers; to provide for wards; to provide for qualifications; to provide for the filling of vacancies; to provide for removal from office; to provide for related matters; and for other purposes.
Representative Scot Turner District 21

GEORGIA LAWS 2014 SESSION

4167

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 March 5, 2014, 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 10th day of March, 2014.

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

Approved April 10, 2014.

__________

CITY OF POWDER SPRINGS CORPORATE LIMITS.

No. 459 (House Bill No. 1144).

AN ACT

To amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by an Act approved May 6, 2013 (Ga. L. 2013, p. 4194), so as to provide for annexation of certain property; 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, particularly by an Act approved May 6, 2013

4168

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(Ga. L. 2013, p. 4194), is amended by designating the existing language in subsection (a) as paragraph (1) and inserting a new paragraph (2) in subsection (a) to read as follows:
"(2)(A) Tract and Parcel Corrections (i) Property located at 4400 Brownsville Road known as Brownsville Commons Shopping Center, as described in deeds recorded at Deed Book 4552, Page 3229 and Deed Book 13474, Page 3811, Cobb County, Georgia records and being Cobb County tax parcel no.19102700050 and 19102700230. (ii) All that tract or parcel of land lying and being in the 19th District, 2nd Section, Cobb County, Georgia and being a part of original Land Lots 825, 826, 877, 878, more particularly described as follows: Beginning at a point in the northwest corner of land lot 878; thence South along the Western land lot line of 878 to the center line of Powder Springs Creek; thence travel in the Southwesterly direction along the center line of Powder Springs Creek to the Easterly side of right of way of C.H. James Parkway; thence Southwesterly along the Easterly side of right of way of C.H. James Parkway to a point on the South land lot line of 878; thence East along the South land lot line of 878 and 877 to the Southeastern corner of 877; thence North along the Eastern land lot line of 877 to the center line of Powder Springs Creek; thence Southwest along the center line of Powder Springs Creek to the center of the fork at Florence Branch in Powder Springs Creek; thence Northwest along the center line of Florence Branch to a point on the Southwesterly right of way of Norfolk Southern Corp. Railway; thence Northwest along the Southwesterly right of way of Norfolk Southern Corp. Railway to a point at the Easterly side right of way C.H. James Parkway; thence South along the Eastern right of way of C.H. James Parkway to a point on a Northern land lot line of 878; and thence West along the Northern land lot line of 878 to a point in the Northwest Corner of land lot 878 and the point of beginning. Said property consists of Sweetwater Landing Subdivision Units I & II as per plat recorded in Plat Book 256, Page 78, and Plat Book 262, Page 71, Cobb County, Georgia records and the following tracts adjoining said subdivision; identified as Cobb County tax parcels 19082500080, 169082500030, 19087700210, 19087800010, 19087800030, and 19087800110. (iii) Tapp Middle School, located at 3900 Macedonia Road, and being described as Cobb County Tax Parcel 19072300020. (iv) That portion of Caley's Mill Subdivision Unit I lying and being in Land Lot 761 of the 19th District, 2nd Section as shown on plat recorded at Plat Book 123, Page 60, Cobb County, Georgia records. (v) All property located within Warren Farm Subdivision as shown and described on plat recorded at Plat Book 185, Page 97, Cobb County, Georgia records, and being located in land lots 735, 736, 745, and 746, of the 19th District, 2nd Section, Cobb County, Georgia.

GEORGIA LAWS 2014 SESSION

4169

(vi) All property located within Arden Field Subdivision as shown and described on plat recorded at Plat Book 218, Page 86, Cobb County, Georgia, and being located in Land Lots 735, 736, 745 and 746 of the 19th District, 2nd Section, Cobb County, Georgia. (vii) All that tract or parcel being in Land Lot 1022 of the 19th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: Beginning at a point at the intersection of the center line of Powder Springs Creek and the Southern land lot line of 1022, also being the Point of Beginning; thence North and Northwesterly along the center line of Powder Springs Creek to a point at the Northeast corner of Springbrooke Estates Unit II, Phase II as per plat recorded in Plat Book 273, Page 355; thence leaving the center line of Powder Springs Creek South 28 degrees 28 minutes 26 seconds, West a distance of 114.26 feet; thence South 19 degrees 53 minutes 5 seconds East a distance of 174.00 feet; thence South 37 degrees 32 minutes 56 seconds East a distance of 90.63 feet; thence South 14 degrees 58 minutes 34 seconds West a distance of 73.42 feet; thence South 21 degrees 34 minutes 01 seconds East a distance of 67.69 feet; thence South 85 degrees 36 minutes 40 seconds East a distance of 52.01 feet; thence South 05 degrees 16 minutes 01 seconds West a distance of 87.15 feet; thence South 32 degrees 24 minutes 53 seconds East a distance of 59.90 feet; thence South 76 degrees 22 minutes 42 seconds East a distance of 110.99 feet; thence South 47 degrees 44 minutes 00 seconds East a distance of 39.00 feet to a point on the South land lot line of 1022; thence East along the South land lot of 1022 to Center Line of Powder Springs Creek being the Point of Beginning, and also being described as Cobb County Tax Parcel 19102200030. (viii) Property located at 4144 Old Austell Road, being described in deed recorded at Deed Book 12476, Page 233, Cobb County, Georgia records, and being Cobb County Tax Parcel 1909460030. (ix) The Powder Springs cemetery located on Old Austell Road, and being described as Cobb County Tax Parcel 19090400360. (x) The following properties located on Austell Powder Springs Road and being Cobb County Tax Parcels 19094600070 and 19094600300. (xi) The entire right of way of Powder Springs Road, from its intersection with Hopkins Road, to its intersection with Wildhorse Creek, together with those properties being described as Cobb County Tax Parcels 1908600040 and 19086800290. (xii) That property located west of Hopkins Road and being in Land Lots 759, 760, 795, and 796 of the 19th District, 2nd Section, Cobb County, Georgia, being Cobb County Tax Parcels 19076000020, 19079500020, 19079500010, and 19079600020. (xiii) That property east of and adjoining the Norfolk Southern Railroad right of way in Land Lot 949, of the 19th District, 2nd Section of Cobb County, Georgia, and being Cobb County Tax Parcels 19094900030 and 19094900300.

4170

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(xiv) The entirety of the Silverbrooke Subdivision, as described in plat recorded at Plat Book 234, Page 44, Cobb County, Georgia records; and also the entirety of the Powder Springs Commons East development, as described in plat recorded at Plat Book 273, Page 206, Cobb County, Georgia records; and also the entirety of Commercial Tract 5, as described in plat recorded at Plat Book 271, Page 593; and also the following tracts identified as Cobb County Tax Parcels 19066200030, 19066200040, 19067200060, 19067200010, and 1907300050. (xv) The entirety of the Evergreen Park Subdivision as described in plat recorded at Plat Book 184, Page 85, Cobb County, Georgia records. (xvi) Property located at 4889 Hill Road, and contained within and known as Cobb County Tax Parcel 19095200030, as further described in deed recorded at Deed Book 14523; Page 325, Cobb County, Georgia records. (B) Roads or Portions of Roads. The following roads or portions of roads adjoining or in proximity to the city limits of Powder Springs, Georgia: (i) The entire right of way of Brownsville Road, from its intersection with Marietta Street to its intersection with Hiram Lithia Springs Road. (ii) The entire right of way of Powder Springs Road, from its intersection with Marietta Street to a point thereon opposite and adjoining the southeast corner of Cobb County Tax Parcel 19086600015. (iii) The entire right of way of C.H. James Pkwy, from its intersection with Oglesby Road to its intersection with the Paulding County Line. (iv) The entire right of way of Austell Powder Springs Road, from its intersection with Marietta Street to its intersection with Sharon Drive. (v) The entire right of way of Florence Road, from its intersection with Powder Springs Dallas Road to a point thereon opposite and adjoining the northeast corner of Cobb County Tax Parcel 19067500017. (vi) The entire right of way of Old Lost Mountain Road, from its intersection with Powder Springs-Dallas Road to its intersection with Richard D. Sailors Parkway. (vii) The entire right of way of Shipp Road, from its intersection with Florence Road to its intersection with eastern boundary Land Lot 678. (viii) The entire right of way of Macedonia Road, from a point thereon opposite and adjoining the northwest corner of Cobb County Tax Parcel 19072600025 to its intersection with Red Rose Drive. (ix) The entire right of way of Richard D. Sailors Parkway, from its intersection with C.H. James Parkway to its intersection with Powder Springs Road. (x) The entire right of way of Lewis Road, from its intersection with C.H. James Parkway to its intersection with the Norfolk Southern Railroad."

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

GEORGIA LAWS 2014 SESSION

4171

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 2014 Session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Powder Springs approved March 13, 1970 (Ga. L. 1970, p. 2760, as amended), so as to correct certain clerical errors, omissions and discrepancies in the municipal boundaries of the City of Powder Springs, by annexing thereto certain tracts or parcels of land historically considered to have been part of the City of Powder Springs; to annex certain roads or portion of roads; 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 February 28, 2014, 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 10th day of March, 2014.

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

Approved April 10, 2014.

__________

4172

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CITY OF ORCHARD HILL NEW CHARTER.

No. 460 (House Bill No. 1147).

AN ACT

To provide for a new charter for the City of Orchard Hill; 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 council; to provide for councilmembers' terms and qualifications for office; to provide procedures for elections, vacancies in office, filling of vacancies, and nonpartisan elections; to provide for election; 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 council; 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 administrator; to provide for the powers and duties of the city administrator; to prohibit council interference with administration; to provide compensation for the city administrator; to provide for the election of the mayor; 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, councils, and authorities of the city; to provide for a city clerk; to provide for a city attorney; 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 elections; to provide for qualifying and nomination of candidates; to provide for nonpartisan elections; to provide for special electrons; to provide for the removal of officers; 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 franchises; 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 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

GEORGIA LAWS 2014 SESSION

4173

matters; to provide for definitions and construction; to provide for specific repealer; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I. CREATION, INCORPORATION, POWERS
SECTION 1.10. Incorporation.

This city and the inhabitants thereof are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style Town of Orchard Hill, Georgia, in the County of Spalding, (hereinafter "City" or "Town") and by that name shall have perpetual succession. Under that name, said city shall continue to be vested with all of the property and rights of property which now belong to the corporation; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell, or dispose of the same; may have a common seal and alter and renew the same at will; and may exercise in conformity with this charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever.

SECTION 1.11. Corporate boundaries.

(a) The boundaries of the Town of Orchard Hill shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The current boundaries of the Town of Orchard Hill, 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 "Official Map of the Town of Orchard Hill, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted in evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

4174

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1.12. Powers and construction.

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

SECTION 1.13. Specific powers.

The corporate powers of the government of the Town of Orchard Hill, to be exercised by the governing authority, include, but are not limited to:
(1) Animal regulations. To regulate and license, or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city, to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the city; (3) Building regulation. To establish minimum standards for and to regulate the erection, construction and repair of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes, to regulate all housing, building, and building trades, to license all building trades, and to license the construction and erection of buildings and all other structures for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades and professions, as authorized by Title 48 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same, and to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property, inside or outside the corporate limits of the city for present or future use, and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted;

GEORGIA LAWS 2014 SESSION

4175

(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 state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax, or fee, for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees, and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) General welfare. To make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the city and the inhabitants thereof, and for preserving the health, peace, order and good government of the city; (13) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (14) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (15) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentence in any public works or on the streets, roads, drains, squares, and other public property in the city; to provide for the commitment of such persons to any jail, or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials;

4176

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(16) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (17) Municipal agencies and delegation of power. To create, alter or abolish departments, boards, offices, commissions and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (18) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this charter or the laws of the State of Georgia; (19) Municipal property ownership. To acquire, dispose of, lease and hold in trust or otherwise, any real, personal or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (20) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (21) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to, a system of waterworks, sewers and drains, sewerage disposal, gasworks, electric light plants, cable television and other telecommunications, transportation facilities, public airports and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties; and to provide for withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; and to provide for the manner and method of collecting charges for such services and for enforcing payment of same; charges for such services shall constitute a lien against the property receiving such services and shall be enforced in the same manner and under the same remedies as a lien for city property taxes; (22) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (23) Penalties. To provide penalties for violations of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (24) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (25) Police and fire protection. To exercise the power of arrest through duly appointed policemen or in any other manner provided by the general laws of the State of Georgia; and to establish, operate or contract for a police and a fire fighting agency; (26) Pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (27) Public hazards: removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public;

GEORGIA LAWS 2014 SESSION

4177

(28) Public improvements. To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, sewers, drains, sewerage treatment, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (29) Public peace. To adopt ordinances and regulations for the prevention and punishment of loitering, disorderly conduct, riots, public drunkenness, the playing of lotteries and disturbing the peace in the corporate limits of the city; and to prohibit or regulate by ordinance such other conduct and activities within said city which, while not constituting an offense against the laws of this state, is deemed by the governing authority to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof; (30) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (31) Public utilities and services. To grant franchises or make contracts for public utilities and public services companies, not to exceed periods of 50 years; or to impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations by the Public Service Commission; (32) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (33) Retirement. To provide and maintain a system of pensions and retirement for officers and employees of the city; (34) Roadways. To layout, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts, for the use of public utilities and public services and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so;

4178

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(35) Sewer fees. To levy a fee, charge or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service charge, fee, or sewer tax for the availability or the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (36) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish and refuse by others; and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items; (37) Special areas of public regulation. To regulate or prohibit junk dealers; pawn shops; the manufacture, sale or transportation of intoxicating liquors; the use and sale of firearms; and to regulate the transportation, storage and use of combustible, explosive and 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, adult bookstores, and massage parlors; (38) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (39) Taxes: ad valorem. To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (40) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (41) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (42) Urban redevelopment. To organize and operate an urban redevelopment program; (43) Other powers. To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers; but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the constitution or applicable laws of the State of Georgia.

GEORGIA LAWS 2014 SESSION

4179

SECTION 1.14. Exercise of powers.

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

ARTICLE II. GOVERNING BODY
SECTION 2.10. Creation; composition; number; election.

The legislative authority of the government of the Town of Orchard Hill, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of three councilmembers, one of whom shall be designated as the mayor as provided herein. 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. Those councilmembers 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 successors are elected and qualified.

SECTION 2.11. City council terms and qualifications for office.

The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as councilmember unless that person shall have been a resident of the city for 12 months prior to the date of election; each shall continue to reside therein during that member's period of service and to be registered and qualified to vote in municipal elections of this city.

SECTION 2.12. Vacancy; filling of vacancies.

(a) The office of councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office, change of residency to outside of the city, or occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.

4180

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(b) Any councilmember shall forfeit his or her office if he or she: (1) Lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; or (2) Is convicted of a felony or crime involving moral turpitude.
(c) A vacancy in the office of councilmember shall be filled for the remainder of the unexpired term, if any, by an election as provided in Section 5.15 if less than 12 months remain in the unexpired term; otherwise by an election, as provided for in Section 5.15 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., or other such laws as are or may hereafter be enacted.

SECTION 2.13. Compensation and expenses.

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

SECTION 2.14. Conflicts of interest; holding other offices.

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

GEORGIA LAWS 2014 SESSION

4181

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 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. Any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that official shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) Use of Public Property - No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (e) Contracts Voidable and Rescindable - Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (f) Ineligibility of Elected Official - Except where authorized by law, no councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected. No former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which that official was elected. (g) Political Activities of Certain Officers and Employees - No appointive officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city or any other public office which is inconsistent, incompatible or in conflict with the duties of the city employee. Such determination shall be made by the council either immediately upon election or at any time such conflict may arise. (h) Penalties for Violation. (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position.

4182

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

SECTION 2.15. Inquiries and investigations.

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

SECTION 2.16. General powers and authority of the council.

(a) Except as otherwise provided by law or by this charter, the council shall be vested with all the powers of government of the Town of Orchard Hill as provided by Article I. (b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules and regulations, not inconsistent with this charter, the constitution, and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the Town of Orchard Hill and may enforce such ordinance by imposing penalties for violation thereof. (c) By ordinance, the council may create, change, alter, abolish, or consolidate offices, agencies, and departments of the city and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this charter.

SECTION 2.17. 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.

GEORGIA LAWS 2014 SESSION

4183

SECTION 2.18. Organizational meeting.

The council shall meet for organization on the second Monday in January each year. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members by an officer authorized to administer oaths and shall, to the extent that it comports with federal and state law, as follows:
"I do solemnly swear that I will faithfully discharge all duties of councilmember of the Town of Orchard Hill to the best of my ability without fear, favor, affection, reward, or expectation thereof, so help me God."

SECTION 2.19. Regular and special meetings.

(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or two members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, or via electronic mail, provided a delivery and read receipt notice is received, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.

SECTION 2.20. Rules of procedure.

(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committees and committee chairs and officers of the city council shall be appointed by the mayor subject to the approval of a majority of councilmembers and shall serve at the pleasure of the mayor and council. The mayor shall have the power to appoint new members to any committee at any time.

4184

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2.21. Quorum; voting.

Two councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote or as otherwise designated by the mayor, and the vote shall be recorded in the journal; but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of the majority of the councilmembers present and voting, excluding the mayor except in the case of a tie, shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall be counted as an affirmative vote. In the event any councilmember or the mayor leaves the meeting after the motion is made, but before the motion is decided, he or she shall not be deemed absent for quorum purposes and shall be assigned an official vote.

SECTION 2.22. Ordinance form; procedures.

(a) Every proposed ordinance 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 Town of Orchard Hill hereby ordains" and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. (c) All ordinances, bylaws, rules and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the governing authority. (d) Whenever possible, ordinances should be prepared by the city attorney.

SECTION 2.23. Action requiring an ordinance.

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

GEORGIA LAWS 2014 SESSION

4185

SECTION 2.24. Emergencies.

(a) To meet a public emergency affecting life, health, property or public peace, the city council may convene on call of the mayor or two councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least 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 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.

4186

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 Town of Orchard Hill, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city, and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

SECTION 2.27. City administrator; appointment; qualifications; compensation.

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

SECTION 2.28. Council interference with administration.

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

GEORGIA LAWS 2014 SESSION

4187

SECTION 2.29. Selection of mayor.

At the first meeting of each year, a mayor and mayor pro tempore shall be designated from among the councilmembers for a term of one year. Such positions shall rotate among the councilmembers on an annual basis. Both shall continue to vote and otherwise participate as councilmembers.

SECTION 2.30. Powers and duties of mayor.

The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; and (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing.

SECTION 2.31. Mayor pro tempore.

During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tempore shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter.

ARTICLE III. EXECUTIVE BRANCH ORGANIZATION AND
GENERAL PROVISIONS SECTION 3.10.
Administrative and service departments.

(a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties, and establish, abolish, alter, consolidate or leave vacant all nonelected offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of this city.

4188

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(b) Except as otherwise provided by this charter or by law, the directors of departments and other 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 resolution or ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city council, 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 shall be appointed by the city council. All appointive officers and directors shall be employees at-will and subject to removal or suspension at any time by the city council, unless otherwise provided by law or ordinance.

SECTION 3.11. Boards, commissions, and authorities.

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

GEORGIA LAWS 2014 SESSION

4189

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 council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney.

SECTION 3.13. City clerk.

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

SECTION 3.14. Personnel policies.

All employees serve at-will and may be removed from office at any time unless otherwise provided by ordinance. The council may adopt rules and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary periods of employment; (2) The administration of any position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; and (4) Such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the Town of Orchard Hill.

4190

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

ARTICLE IV. MUNICIPAL COURT
SECTION 4.10. Creation; name.

There shall be a court to be known as the Municipal Court of the Town of Orchard Hill.

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 resolution or ordinance. (d) Judges serve at-will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council.

SECTION 4.12. Convening.

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

SECTION 4.13. Jurisdiction; powers.

(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed 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 $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.

GEORGIA LAWS 2014 SESSION

4191

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

SECTION 4.14. Certiorari.

The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Spalding 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

4192

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.

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

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

SECTION 5.11. Qualifying; nomination of candidates; absentee ballots.

By ordinance, the council may prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes, and such other rules and regulations as may be necessary for the conduct of elections in the Town of Orchard Hill.

SECTION 5.12. Election of the city council.

There shall be a municipal general election biennially in odd numbered years on the Tuesday next following the first Monday in November. There shall be elected one councilmember at one election and every other regular election thereafter. The remaining two councilmembers shall be elected at the regular election alternating with the first election so that a continuing body is created. Terms shall be for four years.

SECTION 5.13. Nonpartisan elections.

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

SECTION 5.14. Election by plurality.

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

GEORGIA LAWS 2014 SESSION

4193

SECTION 5.15. Special elections, vacancies.

In the event that the office of councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those 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 5.16. Other provisions.

Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Election Code.

SECTION 5.17. Removal of officers.

(a) The councilmembers or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten (10) days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Spalding County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (2) By an order of the Superior Court of Spalding County following a hearing on a complaint seeking such removal brought by any resident of the Town of Orchard Hill.

4194

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

ARTICLE VI. FINANCE AND FISCAL
SECTION 6.10. Property taxes.

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

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

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

SECTION 6.12. Occupation and business taxes.

The city council, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.19 of this charter.

SECTION 6.13. Regulatory fees; permits.

The city council, by ordinance, shall have the power to require businesses or practitioners doing business within 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 6.19 of this charter.

GEORGIA LAWS 2014 SESSION

4195

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 non exclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies and other similar organizations.

SECTION 6.15. Service charges.

The city council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.19 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 6.19 of this charter.

4196

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 6.17. Construction; other taxes and fees.

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

SECTION 6.18. Transfer of executions.

The city clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of fi. fa.'s. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title and interest as provided by Georgia law governing sales and transfers of tax fi. fa.'s. Provided that, upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred, or executed by the city, the owner of such property, in fee simple or lesser interest, shall not lose his right to redeem the property in accord with the requirements of redemption of property sold under state or county ad valorem tax fi. fa.'s., as said requirements now exist or as may be hereinafter provided by law.

SECTION 6.19. Collection of delinquent taxes.

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

SECTION 6.20. General obligation bonds.

The council shall have the power to issue bonds for the purpose of raising revenue to carry out any projects, programs 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.

GEORGIA LAWS 2014 SESSION

4197

SECTION 6.21. Revenue bonds.

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

SECTION 6.22. Short-term loans.

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

SECTION 6.23. Lease-purchase contracts.

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

SECTION 6.24. Fiscal year.

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

SECTION 6.25. Preparation of budgets.

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

4198

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 6.26. Submission of operating budget to city council.

On or before a date fixed by the council, but not later than 90 days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget and such other comments and information as he may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

SECTION 6.27. Action by city council on budget.

(a) The city council may amend the proposed operating budget proposed. However, the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council, by ordinance, shall adopt the final operating budget for the ensuing fiscal year not later than the first regular meeting in January of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.25 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof, to which it is chargeable.

SECTION 6.28. Property tax levies.

As the next order of business following adoption of the operating budget, the council shall levy, by ordinance, an annual tax on all real and personal property within the Town of Orchard Hill. The tax rate set by such ordinance shall be such that reasonable estimates of

GEORGIA LAWS 2014 SESSION

4199

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 of Orchard Hill.

SECTION 6.29. Changes in appropriations.

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

SECTION 6.30. Capital budget.

(a) On or before the date fixed by the city council but no later than 90 days prior to the beginning of each fiscal year, the city council shall prepare 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 the power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt, by ordinance, the final capital budget for the ensuing fiscal year not later than the first regular meeting of January of each year. No appropriation provided for in a capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the city 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.

SECTION 6.31. Independent audit.

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

4200

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 6.32. Contracting procedures.

No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney, and as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21 of this charter.

SECTION 6.33. Centralized purchasing.

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

SECTION 6.34. Sale and lease of city property.

(a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the city administrator and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending or widening any street, avenue, alley or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the city administrator to sell and convey said cut off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

GEORGIA LAWS 2014 SESSION

4201

ARTICLE VII. GENERAL PROVISIONS
SECTION 7.10. Official bonds.

The officers and employees of the Town of Orchard Hill, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.

SECTION 7.11. Prior ordinances.

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

SECTION 7.12. Existing personnel and officers.

Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges and powers shall continue beyond the time this charter takes effect for a period of 90 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.

SECTION 7.13. Pending matters.

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

SECTION 7.14. Construction.

(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory, and the word "may" is permissive.

4202

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

SECTION 7.15. Severability.

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

SECTION 7.16. Specific repealer.

An Act incorporating the Town of Orchard Hill in the County of Spalding, Ga. Laws 1912, Page 1190, is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety.

SECTION 7.17. General repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to provide for a new charter for the City of Orchard Hill; 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 council; to provide for council members' terms and qualifications for office; to provide procedures for elections, vacancies in office, filling of vacancies, and nonpartisan elections; 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 council; 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

GEORGIA LAWS 2014 SESSION

4203

ordinances, and availability of laws; to provide for a city administrator and appointment and qualifications; to provide for the powers and duties of the city administrator; to prohibit council interference with administration; to provide compensation for the city administrator; to provide for the election of the mayor; 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, councils, and authorities of the city; to provide for a city clerk; to provide for a city attorney; 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 elections; to provide for qualifying and nomination of candidates; to provide for special electrons; to provide for the removal of officers; 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 franchises; 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 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.

Honorable David Knight Representative, District 130

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 7, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DAVID KNIGHT David Knight Representative, District 130

4204

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 12th day of March, 2014.

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

Approved April 10, 2014.

__________

TROUP COUNTY TROUP COUNTY AIRPORT AUTHORITY; REPEAL.

No. 461 (Senate Bill No. 359).

AN ACT

To repeal an Act creating the Troup County Airport Authority, approved March 23, 1977 (Ga. L. 1977, p. 3387), 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. (a) An Act creating the Troup County Airport Authority, approved March 23, 1977 (Ga. L. 1977, p. 3387), as amended, is repealed in its entirety. (b) The Troup County Airport Authority is abolished, and all of its property, real and personal, tangible and intangible, and all assets and legal rights and obligations, including but not limited to contracts and bonded indebtedness, shall become the joint property of Troup County and the City of LaGrange upon the effective date of this Act, subject to all rights and encumbrances thereon. (c) This termination of the Troup County Airport Authority shall not be implemented if the assumption by Troup County and the City of LaGrange of the debts and obligations of the authority is determined to place either or both in violation of Article IX, Section V of the Constitution of Georgia, relating to limitation on local debt.

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

GEORGIA LAWS 2014 SESSION

4205

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to repeal an Act creating the Troup County Airport Authority, approved March 23, 1977 (Ga. L. 1977, p 3387) as amended; to repeal conflicting laws; and for other purposes.

Senator Joshua McKoon

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joshua McKoon, who on oath deposes and says that he is the Senator from District 29 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County on January 31, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JOSHUA MCKOON Joshua McKoon Senator, District 29

Sworn to and subscribed before me, this 5th day of February, 2014.

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

Approved April 10, 2014.

__________

4206

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

TOWN OF THUNDERBOLT HOMESTEAD EXEMPTION; CITY TAXES; SENIOR CITIZENS; REFERENDUM.

No. 463 (Senate Bill No. 307).

AN ACT

To provide for a homestead exemption from Town of Thunderbolt ad valorem taxes for municipal purposes in the amount of the assessed value of the homestead for residents of that town who are 65 years of age or older and whose income does not exceed $30,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the Town of Thunderbolt, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means federal adjusted gross income determined pursuant to the Internal Revenue Code of 1986, as amended, for federal income tax purposes. Income shall include the gross income of a spouse, or any other person, residing within the homestead. (4) "Senior citizen" means a person who is 65 years of age or older on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the Town of Thunderbolt who is a senior citizen is granted an exemption on that person's homestead from Town of Thunderbolt ad valorem taxes for municipal purposes in the amount of the assessed value of that homestead. The exemption under this subsection shall only be granted if that person's income, together with the income of the spouse and any other person who also occupies and resides at such homestead, does not exceed $30,000.00 for the immediately preceding year. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the governing authority of the Town of Thunderbolt, or the designee thereof, giving such person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the Town of Thunderbolt, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such person for such exemption. The

GEORGIA LAWS 2014 SESSION

4207

governing authority of the Town of Thunderbolt, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the person granted the homestead exemption under subsection (b) of this section occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the Town of Thunderbolt, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to Town of Thunderbolt ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2015.

SECTION 2. The municipal election superintendent of the Town of Thunderbolt shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Town of Thunderbolt for approval or rejection. The municipal election superintendent shall conduct that election in 2014 on a date specified in 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 municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Chatham County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from Town of Thunderbolt ad valorem taxes for municipal purposes in the amount of the assessed value of the homestead for residents of that city who are 65 years of age or older and whose income does not exceed $30,000.00?"

All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 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

4208

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

date. The expense of such election shall be borne by the Town of Thunderbolt. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to provide for a homestead exemption from Town of Thunderbolt ad valorem taxes for municipal purposes; and for other purposes.
Senator Buddy Carter District 1
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Buddy Carter, who on oath deposes and says that he is the Senator from District 1 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on January 3, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ EARL L. "BUDDY" CARTER Buddy Carter Senator, District 1
Sworn to and subscribed before me, this 14th day of January, 2014.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

GEORGIA LAWS 2014 SESSION

4209

Approved April 10, 2014.

__________

JOHNSON COUNTY PROBATE COURT; TECHNOLOGY FEE.

No. 464 (Senate Bill No. 344).

AN ACT

To authorize the Probate Court of Johnson County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which such technology fees may be put; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The clerk of the Probate Court of Johnson County shall be entitled to charge and collect a technology fee for the filing of each civil action or as a surcharge to each criminal fine paid. The technology fee shall be set by the court, provided that the fee shall not exceed $5.00. Such fee shall be used exclusively to provide for the following technological needs of the court and the clerk of the probate court: the purchase, lease, maintenance, and installation of computer hardware and software; and the purchase, lease, maintenance, and installation of equipment and software used for imaging, scanning, facsimiles, communications, projections, and printing. All funds collected pursuant to this Act shall be maintained in a segregated fund by the clerk of the probate court and shall be used only for authorized purposes at the direction of the judge of the probate court.

SECTION 2. This Act shall become effective on July 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 be introduced at the regular 2014 session of the General Assembly of Georgia a bill to authorize the Probate Court of Johnson County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which such technology fees may be put; to provide an effective date; to repeal conflicting laws; and for other purposes.

4210

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Senator Jesse Stone District 23

GEORGIA, FULTON COUNTY

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 Wrightsville Headlight which is the official organ of Johnson County on January 30, 2014, 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 3rd day of February, 2014.

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

Approved April 10, 2014.

__________

MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY FILLING OF VACANCIES.

No. 465 (Senate Bill No. 366).

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 February 14, 2013 (Ga. L. 2013, p. 3505), so as to provide for the filling of vacancies in the membership of such authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2014 SESSION

4211

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 February 14, 2013 (Ga. L. 2013, p. 3505), is amended by revising subsection (f) of Section 2 as follows:
"(f) Should any vacancy occur among the elected members of the authority with respect to a term having more than six months from the expiration of the term of office, the remaining members of the authority shall promptly notify the judge of the probate court who shall appoint a qualified person to serve until the next available special election date under Code Section 21-2-540 of the O.C.G.A., at which time a successor shall be elected for the unexpired term; provided, however, that any person appointed to fill a vacancy which occurred prior to December 31, 2013, shall continue to serve the remainder of the term of such office, and no special election shall be held to fill such vacancy. 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 six months of 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 2. All laws and parts of laws in conflict with this Act are repealed.

GEORGIA, BIBB COUNTY Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to amend an Act known as the "Macon-Bibb County Water and Sewage Authority Act," approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved February 14, 2013 (Ga. L. 2013, p. 3505), so as to provide for the filing of vacancies in the membership of such authority; to provide for related matters; 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

4212

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 1, 2014, 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 6th day of February, 2014.

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

Approved April 10, 2014.

__________

FITZGERALD AND BEN HILL COUNTY DEVELOPMENT AUTHORITY ALLOWABLE EXPENDITURES; REPEAL PROVISIONS.

No. 466 (Senate Bill No. 376).

AN ACT

To amend an Act creating the Fitzgerald and Ben Hill County Development Authority, approved February 26, 1963 (Ga. L. 1963, p. 2003), as amended, so as to repeal provisions relating to allowable expenditures of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Fitzgerald and Ben Hill County Development Authority, approved February 26, 1963 (Ga. L. 1963, p. 2003), as amended, is amended by repealing Sections 8 and 9.

GEORGIA LAWS 2014 SESSION
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

4213

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia an Act to amend an Act creating the Fitzgerald and Ben Hill County Development Authority, approved February 26, 1963 (Ga. L. 1963, p. 2003), as amended; and for other purposes.

Senator Tyler Harper District 7

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 Herald-Leader which is the official organ of Ben Hill County on February 5, 2014, 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 10th of February, 2014.

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

Approved April 10, 2014.

__________

4214

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

LUMPKIN COUNTY WATER AND SEWERAGE AUTHORITY MEMBERSHIP.

No. 467 (Senate Bill No. 393).

AN ACT

To amend an Act creating the Lumpkin County Water and Sewerage Authority, approved March 21, 1984 (Ga. L. 1984, p. 4500), as amended, so as to provide that the chairperson of the board of commissioners shall maintain a position on the authority; to provide for nomination and approval of designees of the chairperson of the board and the chairperson of the development authority; to provide for procedures; 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 Lumpkin County Water and Sewerage Authority, approved March 21, 1984 (Ga. L. 1984, p. 4500), as amended, is amended by revising subsection (b) of Section 2 as follows:
"(b) The membership of the authority shall be composed of seven members as follows: one member shall be the chairperson of the Lumpkin County Board of Commissioners; one member shall be the mayor of the City of Dahlonega; one member shall be the chairperson of the Development Authority of Lumpkin County; and four members shall be appointed at large from the citizens of Lumpkin County by resolution of the governing authority of said county. With the exception of the posts occupied by the chairperson of the Lumpkin County Board of Commissioners, the mayor of the City of Dahlonega, and the chairperson of the Development Authority of Lumpkin County, the initial terms of the other members of the authority appointed hereunder shall be staggered terms of one, two, three, and four years, beginning on June 1, 1992. The current terms of those members of the authority heretofore appointed by the governing authority of Lumpkin County shall be terminated effective May 31, 1992. The members of the authority hereafter appointed by the governing authority of Lumpkin County shall take office immediately upon their appointment and qualification and shall serve until their respective successors are duly appointed and qualified. Successors shall be appointed by the governing authority of Lumpkin County in the month of May immediately preceding the expiration of a member's term of office and such successor shall take office on the first day of June for a term of four years and until his or her respective successor is duly appointed and qualified. Any member of the authority may be selected and appointed to succeed himself or herself. Immediately after such appointments, the members of the authority shall enter upon their duties. The members of the authority shall be entitled to reimbursement for their actual

GEORGIA LAWS 2014 SESSION

4215

expenses necessarily incurred in the performance of their duties. The authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or desirable for the management and operation of the authority."

SECTION 2. Said Act is further amended in Section 2 by adding two new subsections to read as follows:
"(b.1) The chairperson of the Board of Commissioners of Lumpkin County may nominate a district commissioner to serve on the authority in his or her stead. The chairperson shall nominate such commissioner at any regular or special meeting of the board, and the board shall consider and vote upon the nomination in the same manner as any other motion. If approved, the nominated commissioner shall serve on the authority until the commission term of the chairperson is complete or until the commission term of the nominated commissioner is complete, whichever first occurs. If not approved, the chairperson of the board may nominate an alternative district commissioner in the same manner provided by this subsection. (b.2) The chairperson of the Development Authority of Lumpkin County may nominate a member of the development authority to serve on the Lumpkin County Water and Sewerage Authority in his or her stead. The chairperson shall nominate such member by submitting written notice to the Board of Commissioners of Lumpkin County. Such nomination shall be considered at any regular or special meeting of the board and voted upon in the same manner as any other motion. If approved by the board, the nominated member shall serve on the authority until the term of the chairperson of the development authority is complete or until the term of the nominated member of the development authority is complete, whichever first occurs. If not approved, the chairperson of the development authority may nominate an alternative member of the development authority in the same manner provided by this subsection."

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 2014 session of the General Assembly of Georgia, a bill to amend an Act creating the Lumpkin County Water and Sewerage Authority, approved March 21, 1984 (Ga. L. 1984, p. 4500), as amended; and for other purposes.
Chairman Chris Dockery Lumpkin County Board of Commissioners

4216

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 Dahlonega Nugget which is the official organ of Lumpkin County on February 5, 2014, 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 19th day of February, 2014.

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

Approved April 10, 2014.

__________

CITY OF CLEVELAND CORPORATE BOUNDARIES.

No. 468 (Senate Bill No. 416).

AN ACT

To amend an Act entitled "An Act to provide a new charter for the City of Cleveland," approved May 6, 2013 (Ga. L. 2013, p. 4068), so as to provide for the annexation of property into the city boundaries; 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 entitled "An Act to provide a new charter for the City of Cleveland," approved May 6, 2013 (Ga. L. 2013, p. 4068), is amended by adding a new subsection to Section 1.11 to read as follows:

GEORGIA LAWS 2014 SESSION

4217

"(c) In addition, the following described tract of land shall constitute a part of the territorial limits of the City of Cleveland:
All that tract or parcel of land lying and being in Land Lots 39, 40, 41 and 42 of 2nd Land District of White County, Georgia, and consisting of all of the right-of-way of Georgia Highway 11 extending from the intersection of said right-of-way with the arc of a circle having as its center the center of the historic White County courthouse located in the center of the public square in said City and having a radius of one mile, and extending in a Southerly direction to the intersection of said right-of-way of Georgia Highway 11 with the Southerly right-of-way of Truelove Road (County Road No. 48), including all additions to the width of said right-of-way acquired by the Georgia Department of Transportation as a part of Phase I of the Cleveland By-Pass project; and"

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 2014 session of the General Assembly of the State of Georgia a bill regarding the corporate limits of the City of Cleveland, Georgia, to amend an act providing a new charter for the City of Cleveland, Georgia, approved May 6, 2013 (Ga. L. p. 4068) to extend and change the boundaries of the City of Cleveland, Georgia; by annexation of a certain public road and right-of-way; to repeal conflicting provisions; and for other purposes.
This 6th day of February, 2014.
Mayor and Council of the City of Cleveland, Georgia By: /s/ Donald Stanley Donald Stanley, as Mayor
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 20, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

4218

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

s/ STEVE GOOCH Steve Gooch Senator, District 51

Sworn to and subscribed before me, this 24th day of February, 2014.

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

Approved April 10, 2014.

__________

CITY OF CHICKAMAUGA NEW CHARTER.

No. 469 (Senate Bill No. 418).

AN ACT

To provide a new charter for the City of Chickamauga in Walker County, Georgia; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a police chief, a city attorney, a city clerk, a city auditor, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for the acquisition and sale of property; to provide for penalties; to provide for an independent school system; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2014 SESSION

4219

ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.

The City of Chickamauga in Walker County, Georgia, and the inhabitants thereof, are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style City of Chickamauga, 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 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 Chickamauga, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The mayor and council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

SECTION 1.12. Powers and construction.

(a) The city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. The city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of the city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of the city. These powers shall include, but not be limited to, the following:
(1) Animal regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder;

4220

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing, and building trades to the extent permitted by general law; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the mayor and council, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons and entities; (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 stormwater and establishment of a stormwater utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Ethics. To adopt ethics ordinances and regulations governing the conduct of municipal elected officials, appointed officials, and employees; establishing procedures for ethics complaints and setting forth penalties for violations of such rules and procedures; (10) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to firefighting; and to prescribe penalties and punishment for violations thereof; (11) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals and entities residing in or doing

GEORGIA LAWS 2014 SESSION

4221

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; (12) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (13) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (14) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (15) Jail sentences. To provide that persons given jail sentences in the city's 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; (16) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (17) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (18) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (19) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the corporate limits of the city; (20) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (21) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, stormwater management, gas works, electric distribution systems, 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;

4222

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(22) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (23) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (24) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the mayor and council deem necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (25) Police and fire protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a firefighting agency; (26) Public hazards: removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (27) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, public buildings, libraries, public housing, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city, and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (28) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (29) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (30) Public utilities and services. To grant franchises or make contracts for, or impose taxes on, public utilities and public services, and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with applicable regulations of the Public Service Commission; (31) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (32) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (33) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public

GEORGIA LAWS 2014 SESSION

4223

utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (34) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (36) Special areas of public regulation. To regulate or prohibit junk dealers, the manufacture and sale of alcoholic beverages; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials and other hazardous materials to the extent allowed by federal and state law, 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; (37) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (38) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (39) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (40) Taxicabs. To regulate and license vehicles operated for hire in the 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; (42) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and any listing of particular powers in this charter shall not be held to be exclusive of others or restrictive of general words and phrases granting powers, but shall be held to be in addition to such

4224

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.13. 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; ELECTIONS and REMOVAL
SECTION 2.10. Mayor and council; authority; number.

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

SECTION 2.11. Terms and qualifications for office.

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 area comprising the corporate limits of the city for a continuous period of at least 12 months immediately prior to the date of the election for mayor or councilmember, shall continue to reside therein during that person's period of service, shall be current on all taxes and other sums owed to the city, and shall continue to be registered and qualified to vote in municipal elections of the city. The terms of the councilmembers shall be staggered as provided by prior law.

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 removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) Upon the suspension from the office of mayor in any manner authorized by this charter or the general laws of the State of Georgia, the mayor pro tempore shall assume the office

GEORGIA LAWS 2014 SESSION

4225

of mayor for the duration of the suspension and the mayor pro tempore with council approval may appoint a temporary councilmember for the duration of the suspension of the mayor. (c) Upon the suspension from the office of councilmember in any manner authorized by this charter or the general laws of the State of Georgia, the mayor with council approval may appoint a successor for the duration of the suspension of the councilmember. (d) In the event that the office of mayor shall become vacant, the mayor pro tempore shall assume the office of mayor for the duration of the term and the mayor pro tempore with council approval shall appoint a successor councilmember for the duration of the councilmember term of the term vacated by the mayor pro tempore. (e) In the event that the office of councilmember shall become vacant, the mayor with council approval shall appoint a successor councilmember for the duration of the term of the vacating councilmember.

SECTION 2.13. Compensation and expenses.

The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance. The mayor and council may provide by ordinance for the provision of insurance, retirement, workers' compensation, and other employee benefits to the mayor and councilmembers and may provide by ordinance for the reimbursement of expenses actually and necessarily incurred by the mayor and councilmembers in carrying out their official duties. The effective date of any such ordinance shall be as provided by the general laws of the State of Georgia. The compensation in effect as of the date of enactment of this charter shall continue until modified as provided herein.

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

(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Except as authorized by law, neither the mayor nor any councilmember shall hold any other city office or city employment during the term for which that person was elected. (c) Neither the mayor nor any councilmember shall vote upon or sign any ordinance, resolution, contract, or other matter in which that person is financially interested.

SECTION 2.15. Registrations; conduct of elections.

The mayor, with council approval, is authorized to appoint a city registrar to receive voter registration of city electors and an election superintendent to conduct city elections.

4226

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2.16. Elections.

(a) 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. (b) Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations as provided in Code Section 21-2-139 of the O.C.G.A. (c) All elections for mayor and all councilmembers shall be at-large by the voters of the entire city. The candidate for mayor who receives the most votes cast in the applicable election shall be elected to a term of office. When the three councilmember positions are open, all who qualify for office will merely qualify for a council position. The three candidates receiving the highest number of votes in the election shall be declared the winners of the three open council positions. When the other two councilmember positions are open, all who qualify for office will merely qualify for a council position. The two candidates receiving the highest number of votes in the election shall be declared the winners of the two open council positions. In the event that there shall be a tie for the last available position, there shall be a run-off between the two or more candidates receiving the identical number of votes. The special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

SECTION 2.17. Prohibitions; disclosure; use of public property.

(a) Prohibitions - No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate

GEORGIA LAWS 2014 SESSION

4227

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 he or she has a financial interest. (b) Disclosure - Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the mayor and council. The mayor or any councilmember who has a private interest in any matter pending before the mayor and council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) Use of public property - An 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 in a manner that complies with applicable state law and regulations, or the ordinances and policies of the city. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the mayor and council.

SECTION 2.18. Removal of officers.

(a) The mayor, a councilmember, or other appointed officers provided for in this charter may be removed from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as set forth in Section 2.11 of this charter or in Article II, Section II, Paragraph III of the Georgia Constitution; (4) Knowingly violating Section 2.17 of this charter or any other express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by the vote of four councilmembers after an investigative hearing. In the event an elected

4228

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

officer is sought to be removed by the action of the mayor and council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days or more than forty 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 council to the Superior Court of Walker County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court.

ARTICLE III Organization of government; general authority and ordinances.
SECTION 3.10. General power and authority of the mayor and council.

(a) Except as otherwise provided by law or this charter, the mayor and council shall be vested with all the powers of government of the city as provided by Article I of this charter. (b) In addition to all other powers conferred upon it by law, the mayor and council shall have the authority to adopt and provide for the 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 and may enforce such ordinances by imposing penalties for violation thereof. (c) Except as otherwise provided in this charter, the mayor and council, by ordinance, may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as they shall deem necessary for the proper administration of the affairs and government of the city. The mayor and council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; except as otherwise provided in this charter, may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. (d) The mayor and council are hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, mausoleums, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, electrical distribution systems, waterworks, airports, mass transit systems, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city and to regulate the use thereof, and, for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future. (e) The mayor and council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof, and for this purpose may

GEORGIA LAWS 2014 SESSION

4229

subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the mayor and council shall be punished as provided by ordinance.

SECTION 3.11. Organizational meetings.

The mayor and council shall hold an organizational meeting on the first regularly scheduled meeting in January following the November election in which a councilmember seat or the mayoral position is on the ballot. The meeting shall be called to order by the mayor or the city clerk and the oath of office shall be administered to the newly elected members as follows:
"I do solemnly (swear)(affirm) that I will faithfully and honestly perform the duties of ____________ of the City of Chickamauga and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."

SECTION 3.12. Regular and special meetings.

(a) The mayor and council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the mayor and 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 or email, at least 48 hours in advance of the meeting. Such notice shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember and the mayor 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 or mayor's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the mayor and 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.

4230

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 3.13. Rules of procedure.

(a) The mayor and council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committee chairs of the mayor and council shall be appointed by the mayor and shall serve at the pleasure of the mayor.

SECTION 3.14. Quorum; voting.

(a) Three councilmembers shall constitute a quorum and shall be authorized to transact business of the mayor and council. (b) 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. If, due to absence or abstention only, four councilmembers are eligible to vote on a matter and, after the vote on such matter there is a tie vote, then the mayor shall cast a vote on the matter to break the tie. (c) Voting on the adoption of ordinances, resolutions, or motions shall be by voice vote and the vote shall be recorded in the journal of proceedings, but any member of the mayor and council shall have the right to request a roll-call vote and such vote shall be recorded in the journal of proceedings. An abstention shall not be counted as a vote for or against and will not defeat a quorum.

SECTION 3.15. 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 "BE IT ORDAINED by the Mayor and Council of the City of Chickamauga and by authority of the same, IT IS HEREBY ORDAINED" and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the mayor and council. Ordinances shall be considered and adopted or rejected by the mayor and council after the second reading thereof; provided, however, that an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 3.18 of this charter.

GEORGIA LAWS 2014 SESSION

4231

SECTION 3.16. Action requiring an ordinance.

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

SECTION 3.17. Codes of technical regulations.

(a) The mayor and council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. (b) Copies of any adopted code of technical regulations shall be made available by the city clerk or building inspector for inspection by the public.

SECTION 3.18. Emergencies.

(a) To meet a public emergency affecting life, health, property, or public peace, the mayor and council may convene on call of the mayor or two councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; 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. 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.

4232

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 3.19. Powers and duties of mayor.

(a) The mayor shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter, except as otherwise specifically provided in this charter. (b) The mayor shall:
(1) Serve as the official representative of the city, including serving as the city's representative to federal, state, and local governmental bodies and officials; (2) Preside over meetings of the mayor and council; (3) With council approval shall execute all deeds, contracts, and obligations of the city, provided such execution shall be attested to by the city clerk; (4) Call special meetings of the mayor and council as provided by this charter; (5) Make committee and liaison appointments; (6) With the approval of the council as provided in this charter, appoint and remove the city manager, the city clerk, the police chief, the municipal court judge, the city attorney and the city auditor; (7) With the approval of the council, appoint and remove all officers and employees of the city; (8) Vote in the case of a tie vote by councilmembers or as otherwise provided in this charter; (9) Veto the passage of any rule, ordinance, or by-law or franchise, provided that such veto may be overridden by the affirmative vote of four councilmembers; and (10) 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.

SECTION 3.20. Selection of mayor pro tempore.

A councilmember shall be appointed by the mayor to serve as mayor pro tempore who shall serve at the pleasure of the mayor. The mayor pro tempore shall continue to vote and otherwise participate as a councilmember unless elevated to the office of mayor as provided in this charter.

SECTION 3.21. 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 councilmembers, shall be clothed with all

GEORGIA LAWS 2014 SESSION

4233

the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tempore or selected councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in this charter.

SECTION 3.22. Signing; authenticating.

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.

ARTICLE IV ADMINISTRATIVE AFFAIRS
SECTION 4.10. City manager.

(a) The office of city manager is created and established for the city with the powers and duties, method of appointment, qualifications, term of office, and compensation as provided in this section. (b) The mayor, with the approval of four councilmembers, shall appoint a city manager for an indefinite term and pursuant to a motion recorded in the journal of proceedings of the mayor and council who shall not be an elected officer or the head of any other department of the city. The city manager shall only be removed by the mayor with the affirmative vote of four councilmembers. (c) The compensation, benefits, and perquisites of the city manager shall be fixed by the mayor and council. (d) It shall be the duty of the city manager to implement in a lawful manner the policies as set forth by the mayor and council from time to time insuring that the laws of the city are kept and observed. (e) The city manager shall be the chief financial officer of the city and shall prepare draft budgets for the city and all its departments for submission to the mayor and council except as otherwise provided for in this charter. The city manager shall keep the mayor and council fully advised as to the financial condition and future needs of the city, and make recommendations to the mayor and city council concerning the affairs of the city as the city manager deems desirable. The city manager shall submit to the mayor and council and make available to the public a complete report of finances and administrative activities of the city at the end of the year. (f) The city manager shall set the agenda for meetings of the mayor and council after receiving input from the mayor and council and the public.

4234

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(g) The city manager shall direct and supervise the administration of all departments except as otherwise provided in this charter or by law. (h) The city manager shall administer all lawful contracts approved by the mayor and council. (i) The city manager shall serve as the city procurement officer. (j) The city manager shall attend meetings of the mayor and council. (k) The city manager shall be the chief personnel officer of the city. The city manager shall recommend for approval by the mayor and council appointments, suspensions, or removal of city personnel including department heads except as otherwise provided by this charter or law. (l) Except for the purposes of inquiry and investigation, the mayor and councilmembers shall deal with city employees who are subject to the direction and supervision of the city manager solely through the city manager and shall not give direction or orders to city employees, publicly or privately, directly or indirectly. (m) The mayor, with approval of the council, may delegate to the city manager such executive and administrative duties as prescribed in Section 3.19 of this charter and all other duties as may be lawfully delegated to him or her by the mayor and council.

SECTION 4.11. Police chief.

(a) The mayor, with the approval of four council members, shall appoint a police chief of the city for an indefinite term by motion recorded in the journal of proceedings of the mayor and council who shall not be an elected officer or the head of any other department of the city. (b) The police chief shall meet all requirements of state law pertaining to certified peace officers. (c) The police chief shall report to the mayor and council. Under the general direction of the city manager, the police chief will direct the administration and operation of all services of the city police department and shall establish the policies, directives, rules, and regulations for the administration and operations of the department. The chief of police shall recommend for approval by the mayor and council appointments, suspensions, or removal of police department personnel. (d) The police chief shall prepare a draft budget for submission to the city manager for inclusion in the general fund budget. (e) The mayor, with council approval, may delegate by ordinance to the police chief such other duties as may be lawfully delegated to him or her by the mayor and council. (f) The police chief shall serve at the pleasure of the mayor and council; provided, however, that removal of the police chief shall require the affirmative vote of the mayor and four councilmembers.

GEORGIA LAWS 2014 SESSION

4235

SECTION 4.12. City recorder.

The office of recorder shall be abolished on the earlier of a vacancy in the office or June 1, 2014.

SECTION 4.13. City clerk.

(a) The mayor, with council approval, shall appoint a city clerk who shall be an employee of the city for an indefinite term by motion recorded in the journal of proceedings of the mayor and council who shall not be an elected officer or the head of any other department of the city. The city clerk shall report to the city manager. (b) The city clerk or the designee of the clerk shall be the custodian of the official city seal and city records; transcribe and keep accurate minutes of all its proceedings after the abolishment of the recorder office; maintain all oaths taken by officers and employees of the city; keep a record of all elections; maintain a record of all appointments to office; be the custodian of all city contracts, deeds to city real estate, and leases of city property; authenticate and certify city documents; and undertake such additional tasks as may be assigned by the mayor and council from time to time.

SECTION 4.14. City auditor.

(a) The mayor, with council approval, shall appoint a city auditor who shall be a certified public accountant. The city auditor shall be responsible for providing an annual independent audit of all city accounts, funds, and financial transactions in accordance with generally accepted auditing principles. (b) The city auditor is not a public official of the city and does not take an oath of office. The city auditor shall at all times be an independent contractor. An accounting firm, rather than an individual, may be designated as the city auditor. (c) The city auditor shall serve at the pleasure of the mayor and council.

SECTION 4.15. City attorney.

The mayor, with council approval, shall appoint a city attorney who shall be a member in good standing of the State Bar of Georgia and shall have practiced law for at least five years at the time of his or her appointment, 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 serve at the pleasure of the mayor and council.

4236

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

The city attorney shall advise the mayor, councilmembers, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the position as city attorney. The city attorney may review all contracts of the city but shall not have the power to bind the city.

SECTION 4.16. Administrative and service departments.

(a) Except as otherwise provided in this charter, the mayor and council, by ordinance or resolution, shall prescribe 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 the city. (b) Except as otherwise provided by this charter or by law, the heads of departments and other appointed officers of the city shall be appointed on the basis of their respective administrative and professional qualifications. (c) All appointive officers and heads of departments shall receive such compensation as prescribed by the mayor and council. (d) There shall be a head of each department who shall be its principal officer. Each department head shall, subject to the direction and supervision of the mayor and council through the city manager, be responsible for the administration and direction of the affairs and operations of that department head's department or agency. (e) Each department head shall serve at the pleasure of the mayor and council.

SECTION 4.17. Boards, commissions, and authorities.

(a) The mayor and council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function as the mayor and council deem necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the mayor, with approval from 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. Except as otherwise provided by this charter or by law, members of boards, commissions, and authorities of the city shall serve at the pleasure of the mayor and council. (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.

GEORGIA LAWS 2014 SESSION

4237

(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) 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. (g) All meetings of boards, commissions, and authorities 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 4.18. Personnel policies.

(a) All employees serve at will and may be terminated at any time unless otherwise provided by ordinance. (b) The rights, status, salaries, wages, rank, and conditions of employment of all employees of the city shall be and remain as they existed at the time this charter becomes effective and shall so remain until and unless changed or terminated as provided by this charter.

ARTICLE V JUDICIAL BRANCH
SECTION 5.10. Creation; name.

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

SECTION 5.11. Chief judge; associate judge; prosecuting attorney.

(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, is in compliance with Code

4238

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Section 50-14-1 of the O.C.G.A. or is a 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 mayor, with council approval, and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at the pleasure of the mayor and council. (e) Before assuming office, each judge shall take the oath provided in Section 3.11 of this charter. The oath shall be entered upon the journal of proceedings of the mayor and council. (f) The mayor and council shall have the authority to create by ordinance the office of prosecuting attorney of the municipal court.

SECTION 5.12. Convening.

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

SECTION 5.13. Jurisdiction; powers.

(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days, or both such fine and imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law. (d) The mayor and council shall have authority to establish a schedule of fees to defray the cost of the municipal court operations and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners. (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 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.

GEORGIA LAWS 2014 SESSION

4239

(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 5.14. Appeal.

Any person aggrieved by a decision of the municipal court of the City of Chickamauga shall have the right to appeal as provided by law.

SECTION 5.15. Rules for court.

With the approval of the mayor and council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the mayor and council may adopt in part or in toto the rules and regulations applicable to 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 VI FINANCE
SECTION 6.10. Property Tax.

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

4240

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

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

SECTION 6.12. Occupation and business taxes.

The mayor and council by ordinance shall have the power to levy such occupation or business taxes as are allowed by law. The mayor and 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 mayor and council by ordinance shall have the power to require businesses or practitioners doing business within the city to obtain a permit for such activity from the city and to pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity, and, if unpaid, shall be collected as provided in Section 6.18 of this charter.

SECTION 6.14. Franchises.

(a) The mayor and council shall have the power to grant franchises for the use of 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 mayor and council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. (b) If no franchise agreement is in effect, the mayor and council have the authority to impose a tax on gross receipts for the use of 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.

GEORGIA LAWS 2014 SESSION

4241

SECTION 6.15. Service charges.

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

SECTION 6.16. Special assessments.

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

SECTION 6.17. Construction; other taxes and fees.

The city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this charter 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 mayor and 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 mayor and council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the

4242

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.

SECTION 6.20. Revenue bonds.

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

SECTION 6.21. Short-term loans.

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

SECTION 6.22. Lease-purchase contracts.

The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies provided the contract terminates without further obligation on the part of the city at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements 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 mayor and council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.

SECTION 6.24. Preparation of budgets.

(a) The mayor and council shall provide a resolution on the procedures and requirements for the preparation and execution of budgets of the city, including requirements as to the scope, content, and form of such budgets and plans.

GEORGIA LAWS 2014 SESSION

4243

(b) Budgets shall be prepared for the general fund, and any other fund deemed as necessary by the mayor and council or mandated by state law.

SECTION 6.25. Submission of operating budget to mayor and council.

On or before a date fixed by the mayor and council but not later than 30 days prior to the beginning of each fiscal year, the city manager shall submit to the mayor and council a proposed operating budget for the ensuing fiscal year. The operating budget hereinafter provided for shall be filed in the office of the city clerk and shall be open to public inspection.

SECTION 6.26. Action by mayor and council on budget.

(a) The mayor and council may amend the budgets proposed by the city manager, except that the budgets as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The mayor and council by voice vote shall adopt the final budgets of the city for the ensuing fiscal year not later than the first regularly scheduled meeting of each year. If the mayor and council fail to adopt the budgets 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 mayor and council adopt a budget for the ensuing fiscal year. Adoption of the budgets 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 resolution adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted budgets of the city and any amendments thereto 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 mayor and council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and

4244

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the city.

SECTION 6.28. Changes in appropriations.

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

SECTION 6.29. Unexpended appropriations.

All unexpended appropriations shall lapse at the fiscal year-end without any action of the mayor and council.

SECTION 6.30. Purchasing.

The mayor and council shall by resolution prescribe procedures for a system of purchasing for the city.

SECTION 6.31. Independent audit.

There shall be an annual independent audit of all city accounts, funds, and financial transactions by the city auditor. 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 6.32. Contracting procedures.

No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney; and (3) It is made or authorized by the mayor and council and such approval is entered in mayor and council journal of proceedings.

GEORGIA LAWS 2014 SESSION

4245

SECTION 6.33. Sale and lease of city property.

The mayor and 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.

SECTION 6.34. Insurance.

The city shall maintain sufficient casualty and liability insurance coverage on all property owned or operated by city personnel to adequately indemnify the city on claims of loss by injured or aggrieved parties. The amounts of insurance coverage shall be set from time to time by the mayor and council in the form of a resolution as the need arises.

ARTICLE VII PUBLIC SCHOOLS
SECTION 7.10. Independent school district continued.

The present system of public schools in the city as provided for by prior law shall continue to exist and shall be known as the City of Chickamauga School District.

SECTION 7.11. Board of education.

(a) The school district shall be under the management and control of an elected board of education, hereafter referred to as the "board." The board shall possess all powers as are granted to boards of education under the Constitution and the general laws of the State of Georgia. (b) The board of education shall be composed of five members, each of whom shall be elected at large in nonpartisan general elections, as provided in Code Section 21-3-95 of the O.C.G.A., and in the same manner as the councilmembers of the city are elected. Each member of the board of education shall serve for a term of four years. If a vacancy occurs in the membership of the board of education because of death, resignation, removal of residence from the city, or for any other reason, the vacancy shall be filled according to the provisions of general law. Any person eligible to vote in elections for the members of the city council may vote in the elections for membership on the board of education. (c) The members of the board of education shall elect one of their members as chairperson in the manner provided by local board policy.

4246

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 7.12. Superintendent.

The board shall appoint the superintendent of the school district who shall serve either at the pleasure of the board or for such term of office as the board may determine by contract with the superintendent so appointed but not to exceed three years. The superintendent of schools shall have all the duties and responsibilities provided to superintendents appointed by county boards of education by the Constitution and the general laws of the State of Georgia and such other duties and responsibilities as specified by the board. The superintendent shall receive such compensation as the board may provide annually or by contract.

SECTION 7.13. Ad valorem taxes.

(a) The board shall annually prepare a budget for the operation of the school system and shall recommend to the mayor and council a school tax in an amount not greater than 20 mills per dollar or as authorized in Article VIII of the Constitution of Georgia, upon 40 percent of the assessed value of all property of the city for the support and maintenance of education. The millage rate limitation shall be a limitation only upon the power of taxation and shall not limit or otherwise affect any revenue sharing or other funds received by the school system from sources other than the local ad valorem tax. (b) The mayor and council shall have the power and authority to levy and collect a tax annually, for school purposes, of not more than 20 mills per dollar, or as authorized by Article VIII of the Georgia Constitution, upon 40 percent of the assessed value of all property of the city. The recommendation of the board of education with respect to the amount of such levy as provided in subsection (a) of this section shall be advisory only; and the number of mills of school tax to be actually levied shall be determined in the sole discretion of the mayor and council. Such tax shall be upon all and every species of property, both real and personal, within the corporate limits of the city, including bonds, notes, debts, choses in action, moneys employed in banking, and otherwise. The mayor and council shall enforce the collection of same by execution, levy, and sale as the mayor and council shall provide. (c) The mayor and council shall have the power and authority to provide by ordinance when such taxes shall be due, in what length of time they shall be paid, and when tax executions shall issue and to fix a penalty for the nonpayment of such taxes when due.

GEORGIA LAWS 2014 SESSION

4247

ARTICLE VIII GENERAL PROVISIONS
SECTION 8.10. 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 mayor and council.

SECTION 8.11. 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 council.

SECTION 8.12. General laws may be used.

The mayor and council, in its discretion, may elect to use the provisions of any general laws of this state in addition to the provisions of this charter.

SECTION 8.13. 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 8.14. 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.

4248

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 8.15. Specific repealer.

An Act creating a new charter for the City of Chickamauga in the County of Walker, first approved August 11, 1913 (Ga. L. 1913, p. 665), as amended, is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety.

SECTION 8.16. General repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to provide a new charter for the City of Chickamauga in Walker County, Georgia; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organizations and procedures; to provide for ordinances and codes; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a police chief, a city attorney, a city clerk, a city auditor, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for the acquisition and sale of property; to provide for penalties; to provide for an independent school system; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; 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

GEORGIA LAWS 2014 SESSION

4249

was published in the Walker County Messenger which is the official organ of Walker County on February 12, 2014, 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 19th day of February, 2014.

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

Approved April 10, 2014.

__________

MCINTOSH COUNTY BOARD OF COMMISSIONERS; REDISTRICTING.

No. 470 (Senate Bill No. 420).

AN ACT

To amend an Act creating the Board of Commissioners of McIntosh County, approved February 26, 1876 (Ga. L. 1876, p. 283), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3653), so as to change the description of the commissioner districts; 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 McIntosh County, approved February 26, 1876 (Ga. L. 1876, p. 283), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3653), is amended by revising subsection (b) of Section 1 as follows:
"(b) For purposes of electing members of the board of commissioners, other than the at-large member, McIntosh 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

4250

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

to and made a part of this Act and further identified as 'Plan: mcintoshccsb-p1-2014 Plan Type: Local Administrator: Mcintosh User: bak'."

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

Plan: mcintoshccsb-p1-2014 Plan Type: Local Administrator: McIntosh User: bak

District 001 McIntosh County VTD: 1911771 - DARIEN 110100: 1125 1126 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 1215 1243 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1258 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1285 1286 1287 1288 1306 1307 1308 1309 1310 1311 1330 110300: 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1045 1046 1047 1048 1050 1051 1052 1053 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

GEORGIA LAWS 2014 SESSION
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 2114 2115 2116 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2134 2135 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 2192 2193 2194 2195 2196 2197 2198 2199 2200 2201 2314 2315 2316 2317 2325 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 980000: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 VTD: 191271 - NORTH DARIEN 110100: 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1242 1244 1256 1257 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 1312 1321 1332 1333 110300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1043 1044 1049 1054 1055 1056 1057 1058
District 002 McIntosh County VTD: 1911515 - CRESCENT 110200: 2212 3035 VTD: 1911771 - DARIEN 110300: 2110 2111 2136 2137 2138 2202 2203 2204 2205 2206 2207 2208 2209 2210 2211 2212 2213 2214 2215 2216 2217 2218 2219 2220 2221 2222 2223 2224 2225 2226 2227 2228 2229 2230 2231 2232 2233 2234 2235 2236 2237 2238 2239 2240 2241 2242 2243 2244 2245 2246 2247 2248 2249 2250 2251 2252 2253 2254 2255 2256 2257 2258 2259 2260 2261 2262 2263 2264 2265 2266 2267 2268 2277 2278 2279 2286 2287 2302 2303 2304 2305 2306 2319 2320

4251

4252

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

2323 2324 2326 VTD: 191271 - NORTH DARIEN 110200: 1002 1003 1004 1005 1006 1007 1008 1009 1012 1013 1014 1015 1016 1017 1018 1020 1021 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 110300: 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 2059 2060 2061 2062 2063 2064 2065 2066 2069 2070 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2106 2107 2108 2109 2112 2113 2117 2118 2119 2120 2133 2269 2270 2271 2273 2274 2275 2276 2313 2321 2322 2327 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 3038 3039 3040

District 003 McIntosh County VTD: 1911312 - SAPELO ISLAND VTD: 1911515 - CRESCENT 110100: 1313 1314 1315 1316 1317 1318 1319 1320 1322 1323 1324 1325 1326 3094 3096 110200: 1000 1001 1010 1011 1019 1022 1100 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2194 2195 2196 2197 2198 2199 2200 2201 2202 2203 2204 2205 2206 2207 2208 2209 2210 2211 2213 2223 2224 2225 2226 2227 2228 2229 2230 2231 2232 2233 2234 2282 2283 2290 2307 2308 2309 2310 2317 2318 2329 2330 2331 2337 2340

GEORGIA LAWS 2014 SESSION
3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3033 3034 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 990000: 0006 0007
District 004 McIntosh County VTD: 1911480 - TOWNSEND VTD: 19122 - SOUTH NEWPORT VTD: 191271 - NORTH DARIEN 110100: 1218 1273

4253

A BILL TO BE ENTITLED AN ACT To amend an Act creating the Board of Commissioners of McIntosh County, approved February 26, 1876 (Ga. L. 1876, p. 283), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3653), so as to change the description of the commissioner districts; 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 McIntosh County, approved February 26, 1876 (Ga. L. 1876, p. 283), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3653), is amended to revising subsection (b) of Section 1 as follows: "(b) For purposes of electing members of the board of commissioners, other than at-large member, McIntosh 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: mcintoshccsb-p1-2014 Plan Type: Local Administrator: Mcintosh user: bak'." 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 2014 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of McIntosh County, approved February 26, 1876 (Ga. L. 1876, p. 283), as amended; and for other purposes.
s/ Senator William T. Ligon, Jr. District 3

4254

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William Ligon, who on oath deposes and says that he is the Senator from District 3 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the The Darien which is the official organ of McIntosh County on February 20, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ WILLIAM LIGON William Ligon Senator, District 3

Sworn to and subscribed before me, this 3rd day of March, 2014.

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

Approved April 10, 2014.

__________

MCINTOSH COUNTY BOARD OF EDUCATION; REDISTRICTING.

No. 471 (Senate Bill No. 421).

AN ACT

To amend an Act creating the Board of Education of McIntosh County, approved March 14, 1980 (Ga. L. 1980, p. 3112), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3646), so as to change the description of the education districts; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2014 SESSION

4255

SECTION 1. An Act creating the Board of Education of McIntosh County, approved March 14, 1980 (Ga. L. 1980, p. 3112), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3646), is amended by revising subsection (a) of Section 1 as follows:
"(a) The Board of Education of McIntosh County shall be composed of five members to be elected from education districts. For purposes of electing members of the board of education, the McIntosh County School District is divided into five education districts. One member of the board shall be elected from each such district. Education Districts 1 through 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: mcintoshccsb-p1-2014 Plan Type: Local Administrator: McIntosh User: bak'. Education District 5 shall be composed of the entire territory of McIntosh County."

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

Plan: mcintoshccsb-p1-2014 Plan Type: Local Administrator: McIntosh User: bak

District 001 McIntosh County VTD: 1911771 - DARIEN 110100: 1125 1126 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 1215 1243 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1258 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1285 1286 1287 1288 1306 1307 1308 1309 1310 1311 1330 110300: 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1045 1046 1047 1048 1050 1051 1052 1053 1059 1060 1061 1062 1063 1064 1065

4256

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 1236 2114 2115 2116 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2134 2135 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 2192 2193 2194 2195 2196 2197 2198 2199 2200 2201 2314 2315 2316 2317 2325 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 980000: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 VTD: 191271 - NORTH DARIEN 110100: 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1242 1244 1256 1257 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 1312 1321 1332 1333 110300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1043 1044 1049 1054 1055 1056 1057 1058

GEORGIA LAWS 2014 SESSION
District 002 McIntosh County VTD: 1911515 - CRESCENT 110200: 2212 3035 VTD: 1911771 - DARIEN 110300: 2110 2111 2136 2137 2138 2202 2203 2204 2205 2206 2207 2208 2209 2210 2211 2212 2213 2214 2215 2216 2217 2218 2219 2220 2221 2222 2223 2224 2225 2226 2227 2228 2229 2230 2231 2232 2233 2234 2235 2236 2237 2238 2239 2240 2241 2242 2243 2244 2245 2246 2247 2248 2249 2250 2251 2252 2253 2254 2255 2256 2257 2258 2259 2260 2261 2262 2263 2264 2265 2266 2267 2268 2277 2278 2279 2286 2287 2302 2303 2304 2305 2306 2319 2320 2323 2324 2326 VTD: 191271 - NORTH DARIEN 110200: 1002 1003 1004 1005 1006 1007 1008 1009 1012 1013 1014 1015 1016 1017 1018 1020 1021 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 110300: 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 2059 2060 2061 2062 2063 2064 2065 2066 2069 2070 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2106 2107 2108 2109 2112 2113 2117 2118 2119 2120 2133 2269 2270 2271 2273 2274 2275 2276 2313 2321 2322 2327 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 3038 3039 3040
District 003 McIntosh County VTD: 1911312 - SAPELO ISLAND

4257

4258

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 1911515 - CRESCENT 110100: 1313 1314 1315 1316 1317 1318 1319 1320 1322 1323 1324 1325 1326 3094 3096 110200: 1000 1001 1010 1011 1019 1022 1100 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2194 2195 2196 2197 2198 2199 2200 2201 2202 2203 2204 2205 2206 2207 2208 2209 2210 2211 2213 2223 2224 2225 2226 2227 2228 2229 2230 2231 2232 2233 2234 2282 2283 2290 2307 2308 2309 2310 2317 2318 2329 2330 2331 2337 2340 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3033 3034 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 990000: 0006 0007

District 004 McIntosh County VTD: 1911480 - TOWNSEND VTD: 19122 - SOUTH NEWPORT VTD: 191271 - NORTH DARIEN 110100: 1218 1273

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1.
An Act creating the Board of Education of McIntosh County, approved March 14, 1980 (Ga. L. 1980, p. 3112), as amended particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3646), is amended by revising subsection (a) of Section 1 as follows:
"(a) The Board of Education of McIntosh County shall be composed of five members to be elected from education districts. For purposes of electing members of the board of education, the McIntosh County School District is divided into five education districts. One member of the board shall be elected from each such district. Education Districts 1 through

GEORGIA LAWS 2014 SESSION

4259

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: mcintoshccsb-p1-2014 Plan Type: Local Administrator: McIntosh User: bak'. Education District 5 shall be composed of the entire territory of McIntosh 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 2014 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Education of McIntosh County, approved March 14, 1980 (Ga. L. 1980, p. 3112), as amended; and for other purposes.

s/ Senator William T. Ligon, Jr. District 3

GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William Ligon, who on oath deposes and says that he is the Senator from District 3 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the The Darien which is the official organ of McIntosh County on February 20, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ WILLIAM LIGON William Ligon Senator, District 3
Sworn to and subscribed before me, this 3rd day of March, 2014.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)
Approved April 10, 2014.

4260

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CITY OF BERKELEY LAKE QUORUM; MAYOR PRO TEMPORE VOTING; CORPORATE BOUNDARIES.

No. 472 (Senate Bill No. 423).

AN ACT

To amend an Act to provide a new charter for the City of Berkeley Lake, approved April 9, 1999 (Ga. L. 1999, p. 3636), as amended, so as to change the number of councilmembers required for a quorum with the mayor; to provide that the mayor pro tempore may vote in the event of a tie when presiding in the mayor's absences; to reaffirm the current city boundary; 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 a new charter for the City of Berkeley Lake, approved April 9, 1999

(Ga. L. 1999, p. 3636), as amended, is amended by adding a new subsection to Section 1.11

to read as follows:

"(d) In addition to any territory lying within the corporate limits of the City of Berkeley

Lake on the effective date of this subsection, such corporate limits shall also include the

following properties included in the tax parcels set forth below as those tax parcels exist

on the tax rolls and the tax maps of Gwinnett County for 2013:

R6268 005

4464 South Old Peachtree Rd

R6268 031

3088 Process Dr

R6268 035

3157 Process Dr

R6268 053

4488 Peachtree Industrial Blvd

R6269 003

4707 South Old Peachtree Rd

R6269 004

4560 South Berkeley Lake Rd

R6269 005

4525 South Berkeley Lake Rd

R6269 006

4600 South Berkeley Lake Rd

R6269 006B 4540 South Berkeley Lake Rd

R6269 007

4580 South Berkeley Lake Rd

R6269 008

4590 South Berkeley Lake Rd

R6269 009

4520 South Berkeley Lake Rd

R6269 011

0 South Old Peachtree Rd

R6269 013

4788 South Old Peachtree Rd

R6269 016

4795 South Old Peachtree Rd

R6269 019

4535 South Berkeley Lake Rd

R6269 024

4545 South Berkeley Lake Rd

R6269 029 R6269 031 R6269 032 R6269 040 R6269 041 R6269 043 R6269 047 R6269 048 R6269 050 R6269 059 R6269 063 R6269 065 R6269 067 R6269 069 R6269 073 R6269 099 R6269 114 R6269 148 R6269 150 R6269 152 R6269 158 R6269 159 R6269 161 R6270 001 R6270 002 R6270 009 R6270 023 R6270 025 R6270 041 R6270 055 R6270 088 R6270 092 R6270 093 R6270 094 R6270 095 R6270 096 R6270 191 R6270 192 R6290 006 R6290 009 R6290 010

GEORGIA LAWS 2014 SESSION
4530 South Berkeley Lake Rd 4487 South Old Peachtree Rd 4610 Peachtree Industrial Blvd 4585 South Berkeley Lake Rd 4555 South Old Peachtree Rd 4527 South Old Peachtree Rd 4519 South Old Peachtree Rd 4497 South Old Peachtree Rd 4567 South Berkeley Lake Rd 4600 Peachtree Industrial Blvd 4575 South Old Peachtree Rd 0 Peachtree Rd 4515 South Old Peachtree Rd 4590 Peachtree Industrial Blvd 4561 South Berkeley Lake Rd 0 South Old Peachtree Rd 4720 Peachtree Industrial Blvd 4775 Peachtree Industrial Blvd 4535 South Berkeley Lake Rd 4575 South Berkeley Lake Rd 4790 Peachtree Industrial Blvd 4760 Peachtree Industrial Blvd 4575 South Berkeley Lake Rd 4810 South Old Peachtree Rd 0 South Old Peachtree Rd 4810 Peachtree Industrial Blvd 4940 Peachtree Industrial Blvd 0 South Old Peachtree Rd 4900 South Old Peachtree Rd 0 South Old Peachtree Rd 4855 Peachtree Industrial Blvd 4830 Peachtree Industrial Blvd 4850 Peachtree Industrial Blvd 4870 Peachtree Industrial Blvd 4890 Peachtree Industrial Blvd 4895 South Old Peachtree Rd 4875 Peachtree Industrial Blvd 4895 Peachtree Industrial Blvd 3630 North Berkeley Lake Rd 3604 North Berkeley Lake Rd 3560 North Berkeley Lake Rd

4261

4262

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

R6290 011 R6290 012 R6290 013 R6290 014 R6290 015 R6290 016 R6290 017 R6290 018 R6290 019 R6290 020 R6290 021 R6290 022 R6290 023 R6297 002 R6297 004 R6297 006 R6297 007 R6297 008 R6297 009 R6297 010 R6297 011 R6297 012 R6297 013 R6297 015 R6297 016 R6297 017 R6297 018 R6297 019 R6297 020 R6297 021 R6297 022 R6297 023 R6297 024 R6297 025 R6297 026 R6297 028 R6297 029 R6297 030 R6297 031 R6297 032 R6297 033

3560 Hermitage Dr 3559 Hermitage Dr 3554 North Berkeley Lake Rd 3599 Hermitage Dr 3589 Hermitage Dr 3579 Hermitage Dr 3569 Hermitage Dr 3570 Hermitage Dr 3580 Hermitage Dr 4126 Saint Clair Cir 4136 Saint Clair Cir 4146 Saint Clair Cir 4156 Saint Clair Cir 3622 Frederica Rd 3640 North Berkeley Lake Rd 3632 Frederica Rd 3642 Frederica Rd 3652 Frederica Rd 3662 Frederica Rd 3672 Frederica Rd 3682 Frederica Rd 3681 Frederica Rd 3671 Frederica Rd 3657 Frederica Rd 3651 Frederica Rd 3647 Frederica Rd 3641 Frederica Rd 3631 Frederica Rd 4167 Saint Clair Cir 4157 Saint Clair Cir 4147 Saint Clair Cir 3610 Hermitage Dr 3620 Hermitage Dr 3630 Hermitage Dr 3640 Hermitage Dr 3660 Hermitage Dr 3670 Hermitage Dr 3680 Hermitage Dr 3679 Hermitage Dr 3669 Hermitage Dr 3665 Hermitage Dr

R6297 034 R6297 035 R6297 036 R6297 037 R6297 038 R6297 039 R6297 040 R6297 041 R6297 042 R6297 043 R6297 044 R6297 045 R6297 046 R6297 047 R6297 048 R6297 049 R6297 050 R6297 051 R6297 052 R6297 053 R6297 054 R6297 057 R6297 059 R6297 060 R6297 061 R6297 062 R6297 063 R6297 064 R6297 065 R6297 066 R6297 067 R6297 068 R6297 069 R6297 070 R6297 072 R6297 073 R6297 074 R6297 075 R6297 076 R6297 077 R6297 078

GEORGIA LAWS 2014 SESSION
3659 Hermitage Dr 3649 Hermitage Dr 3639 Hermitage Dr 3629 Hermitage Dr 3619 Hermitage Dr 3609 Hermitage Dr 3692 Frederica Rd 3683 Wassaw Ln 3673 Wassaw Ln 3663 Wassaw Ln 3655 Wassaw Ln 3664 Wassaw Ln 3674 Wassaw Ln 3684 Wassaw Ln 3694 Wassaw Ln 3704 Wassaw Ln 3714 Wassaw Ln 3724 Wassaw Ln 3723 Wassaw Ln 3713 Wassaw Ln 3703 Wassaw Ln 3712 Frederica Rd 3752 Frederica Rd 3741 Frederica Rd 3731 Frederica Rd 3721 Frederica Rd 3711 Frederica Rd 3701 Cloister Pl 4121 Cloister Pl 3710 Hermitage Dr 3720 Hermitage Dr 3730 Hermitage Dr 3740 Hermitage Dr 3749 Hermitage Dr 3729 Hermitage Dr 3719 Hermitage Dr 3709 Hermitage Dr 3699 Hermitage Dr 3689 Hermitage Dr 3690 Hermitage Dr 3691 Frederica Rd

4263

4264

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

R6297 079 R6297 081 R6297 082 R6297 083 R6297 084 R6297 086 R6297 087 R6297 089 R6297 091 R6297 092 R6297 093 R6297 094 R6297 095 R6297 096 R6297 097 R6297 098 R6297 099 R6297 100 R6297 101 R6297 102 R6297 103 R6297 104 R6297 105 R6297 106 R6297 110 R6297 111 R6297 112 R6297 113 R6297 114 R6297 115 R6297 307 R6299 025 R6299 027 R6299 083 R6299 084 R6299 085 R6299 086 R6299 087 R6299 088 R6299 089 R6299 090

3680 Frederica Ln 3774 Frederica Ln 3764 Frederica Ln 3754 Frederica Ln 3744 Frederica Ln 3733 Frederica Ln 3743 Frederica Ln 3762 Frederica Rd 3751 Frederica Rd 3761 Frederica Rd 3771 Frederica Rd 3791 Frederica Rd 3790 Hermitage Dr 3770 Hermitage Dr 3760 Hermitage Dr 3750 Hermitage Dr 3759 Hermitage Dr 3796 Hermitage Dr 3779 Hermitage Dr 3789 Hermitage Dr 3799 Hermitage Dr 3831 Frederica Rd 3841 Frederica Rd 3862 Frederica Rd 3852 Frederica Rd 3832 Frederica Rd 3812 Frederica Rd 3792 Frederica Rd 3782 Frederica Rd 3772 Frederica Rd 0 Hermitage Dr 4539 Bush Rd 4503 Bush Rd 3648 Habersham Ln 3658 Habersham Ln 3668 Habersham Ln 3678 Habersham Ln 3688 Habersham Ln 3698 Habersham Ln 3708 Habersham Ln 3707 Habersham Ln

GEORGIA LAWS 2014 SESSION

4265

R6299 091 R6299 092 R6299 093 R6299 094 R6299 095

3697 Habersham Ln 3687 Habersham Ln 3677 Habersham Ln 3667 Habersham Ln 3657 Habersham Ln"

SECTION 2. Said Act is further amended by revising Section 2.21 as follows:

"SECTION 2.21. Quorum; voting.

The mayor and three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. When the mayor pro tempore is presiding in the mayor's absence, the mayor pro tempore and three councilmembers shall constitute a quorum and the mayor pro tempore shall have no vote except in the event of a tie. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. The mayor shall only be able to vote in the event of a tie. The mayor shall have the power to veto any motion, resolution, ordinance, or other question adopted by the council, but such veto may be overridden by a vote of four-fifths of the entire council."

SECTION 3. Said Act is further amended by revising Section 2.28 as follows:

"SECTION 2.28. Mayor pro tempore.

By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's physical or mental disability or absence. Any such disability or absence shall be declared by a majority vote of the city council. The mayor pro tempore shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter. Except in the event of a tie, the mayor pro tempore shall not have a vote when presiding in the mayor's absence at meetings of the city council."

4266

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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.

CITY OF BERKELEY LAKE NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the 2014 regular session of the General Assembly of Georgia a bill to amend an Act to provide a new charter for the City of Berkeley Lake, approved April 9, 1999 (Ga. L. 1999 p. 3636) as amended, so as to change the number of council members required for a quorum; to provide for the mayor pro tempore to vote in the event of a tie when presiding in the mayor's absence; to affirm the current city boundary; and for other purposes.
Senator David Shafer, District 48
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Shafer, who on oath deposes and says that he is the Senator from District 48 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on February 23, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DAVID SHAFER David Shafer Senator, District 48
Sworn to and subscribed before me, this 3rd day of March, 2014.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 (SEAL)

GEORGIA LAWS 2014 SESSION

4267

Approved April 10, 2014.

__________

COBB COUNTY STATE COURT; CLERK AND CHIEF DEPUTY CLERK; COMPENSATION.

No. 473 (Senate Bill No. 424).

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 (Ga. L. 2008, p. 3695), so as to change the compensations of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. 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. 3695), is amended by striking paragraph (4) of subsection (b) of Section 17, which reads as follows:
"(4) The salary of the chief deputy clerk shall be $95,440.38 to be paid in equal monthly installments from funds of Cobb County.", and inserting in lieu thereof a new paragraph (4) to read as follows: "(4) The salary of the chief deputy clerk shall be $98,303.59 to be paid in equal monthly installments from funds of Cobb County."

SECTION 2. Said Act is further amended by striking from Section 23 the following:
"The clerk of the State Court of Cobb County shall receive an annual salary of $106,044.78 payable in equal monthly installments from the funds of Cobb County.", and inserting in lieu thereof the following: "The clerk of the State Court of Cobb County shall receive an annual salary of $109,226.12 payable in equal monthly installments from the funds of Cobb County."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

4268

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2014 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.

Senator Lindsey Tippins District 37

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lindsey Tippins, who on oath deposes and says that he is the Senator from District 37 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on February 28, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ LINDSEY TIPPINS Lindsey Tippins Senator, District 37

Sworn to and subscribed before me, this 3rd day of March, 2014.

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

Approved April 10, 2014.

__________

GEORGIA LAWS 2014 SESSION

4269

COBB COUNTY DEPUTY CLERK OF SUPERIOR COURT; CHIEF DEPUTY; CHIEF INVESTIGATOR; EXECUTIVE ASSISTANT TO SHERIFF; COMPENSATION.

No. 474 (Senate Bill No. 425).

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 12, 2008 (Ga. L. 2008, p. 3702) and an Act approved May 6, 2013 (Ga. L. 2013, p. 4150), so as to change the compensation of the deputy clerk of the superior court, the chief deputy, the chief investigator, and the executive assistant to the sheriff; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act changing the 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 12, 2008 (Ga. L. 2008, p. 3702) and an Act approved May 6, 2013 (Ga. L. 2013, p. 4150), is amended by striking subsection (b) of Section 4 thereof and inserting in its place a new subsection (b) to read as follows:
"(b) The clerk of the superior court shall be allowed a deputy clerk whose annual salary shall be $98,303.60 to be paid in equal monthly installments from the funds in the county treasury. Any candidate for the office of clerk of the Superior Court of Cobb County shall, on the date of his or her qualification for such office in either a primary or general election, certify to the judge of the Probate Court of Cobb County the name of the person he or she shall appoint as deputy clerk in the event he or she is elected to the office of clerk; and the person so named and certified by the successful candidate for such office shall serve as the deputy clerk during the term for which he or she was so named. In the event of the death or removal from office of said deputy clerk, the clerk of the superior court shall have 30 days from said date of death or removal from office of said deputy clerk to certify to the judge of the Probate Court of Cobb County the name of the new deputy clerk to be appointed. In addition to said deputy clerk, the clerk of the Superior Court of Cobb County shall be authorized and empowered to employ the clerical help necessary to perform properly the functions and duties of the office, provided that the number of employees and

4270

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County."

SECTION 2. Said Act is further amended by revising subsections (b), (c), and (d) of Section 5 as follows:
"(b) The sheriff of Cobb County shall have one chief deputy whose salary shall be $127,057.47 per annum, to be paid in equal monthly installments from the funds of Cobb County. The chief deputy sheriff shall possess the same qualifications for office as required for the sheriff. The chief deputy shall serve at the pleasure of the sheriff. Each candidate for the office of sheriff of Cobb County shall, at the time he or she qualifies to run for the office of sheriff, designate and certify to the judge of the probate court the name of the person who shall be his or her chief deputy sheriff. In the event the office of sheriff becomes vacant by death, resignation, or otherwise, the vacancy shall be filled until the next general election by said chief deputy, who shall in such event enter upon the performance of said duties upon taking the oath of office prescribed by law for the sheriff of Cobb County. The chief deputy sheriff is authorized, when directed by the sheriff, to discharge any and all of the duties and powers of the sheriff. In addition to said chief deputy, said sheriff shall be authorized to name and appoint such additional deputies as shall be approved from time to time by the governing authority of Cobb County. The salaries of said additional deputies shall be set by the governing authority of Cobb County; provided, however, that said salaries shall not be less than $4,880.00 per annum per each additional deputy approved by said governing authority of Cobb County. In addition to said chief deputy and other deputies provided for in this subsection, 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 chief investigator for Cobb County. The chief investigator shall be appointed by the sheriff, shall be under his or her direct supervision and control, and shall serve at the pleasure of the sheriff. The individual appointed by the sheriff of Cobb County shall possess, at 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 or possess ten years of actual experience as a peace officer or be a graduate of a law school accredited by the Georgia Bar Association or be a graduate of the Southern Police Institute School of Police Management and Administration or have a master's degree from an accredited college or university. The salary of the chief investigator shall be $115,286.64 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,

GEORGIA LAWS 2014 SESSION

4271

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 $69,269.33 per annum, to be paid in equal monthly installments from the funds of Cobb County."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended; and for other purposes.
This 25th day of February, 2014.
Senator Lindsey Tippins District 37
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lindsey Tippins, who on oath deposes and says that he is the Senator from District 37 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on February 28, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ LINDSEY TIPPINS Lindsey Tippins Senator, District 37

4272

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 3rd day of March, 2014.

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

Approved April 10, 2014.

__________

GEORGIA INTERNATIONAL AND MARITIME TRADE CENTER AUTHORITY MEMBERSHIP.

No. 531 (House Bill No. 978).

AN ACT

To amend an Act creating the Georgia International and Maritime Trade Center Authority, approved April 21, 1995 (Ga. L. 1995, p. 4499), as amended, so as to change the provisions relating to the membership of such authority; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Georgia International and Maritime Trade Center Authority, approved April 21, 1995 (Ga. L. 1995, p. 4499), as amended, is amended by revising subsection (b) of Section 3 to read as follows:
"(b) The authority shall consist of the following membership: one member appointed by each member of the Georgia General Assembly representing a portion of Chatham County; one member appointed by the majority vote of the Board of Commissioners of Chatham County; one member appointed by the majority vote of the mayor and aldermen of the City of Savannah; the president of the Savannah Economic Development Authority, who shall serve ex officio and have a vote; and the president of the Savannah Area Convention and Visitors' Bureau, who shall serve ex officio and have a vote. The terms of all members except the ex officio members shall be for three years."

GEORGIA LAWS 2014 SESSION

4273

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 2014 session of the General Assembly of Georgia a bill amending an Act creating the Georgia International and Maritime Trade Center Authority, approved April 21, 1995 (GA. L. 1995; P. 4499), as amended; and for other purposes.
Representative Ron Stephens District 164
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ron Stephens, who on oath deposes and says that he is the Representative from District 164 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on February 6, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ RON STEPHENS Ron Stephens Representative, District 164
Sworn to and subscribed before me, this 10th day of February, 2014.
s/ DIANA GRAVER Diana Graver Notary Public, Fulton County, Georgia My Commission Expires December 17, 2016 [SEAL]
Approved April 15, 2014.

4274

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

LOWNDES COUNTY STATE COURT; ADDITIONAL JUDGE; CHIEF JUDGE; ELECTION; COMPENSATION.

No. 541 (House Bill No. 986).

AN ACT

To amend an Act establishing the State Court of Lowndes County, approved December 11, 1901 (Ga. L. 1901, p. 176), as amended, particularly by an Act approved March 21, 1968 (Ga. L. 1968, p. 2332) and an Act approved April 4, 1991 (Ga. L. 1991, p. 3551), 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 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 Lowndes County, approved December 11, 1901 (Ga. L. 1901, p. 176), as amended, particularly by an Act approved March 21, 1968 (Ga. L. 1968, p. 2332) and an Act approved April 4, 1991 (Ga. L. 1991, p. 3551), is amended by revising Section 4 as follows:

"SECTION 4. There shall be two judges of the State Court of Lowndes County. The judge of the State Court of Lowndes County in office on January 1, 2014, 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. The additional judge as provided by this Act shall be appointed by the Governor for a term beginning July 1, 2014, and expiring December 31, 2016, 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 2016 for a term of four years beginning on January 1, 2017, 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. The judge of the State Court of Lowndes County having the longest time in service as a judge of said court shall be the chief judge of the State Court of Lowndes County with such powers and responsibilities as provided by law."

GEORGIA LAWS 2014 SESSION

4275

SECTION 2. Said Act is further amended by revising subsection (a) of Section 6 as follows:
"(a)(1) The judges of the State Court of Lowndes County shall be full-time judges within the meaning of Article 2 of Chapter 7 of Title 15 of the O.C.G.A. (2) The judges of the State Court of Lowndes County shall receive as salary compensation an amount equal to the base salary paid to a judge in the superior courts by the state. All of such compensation shall be paid from the funds of Lowndes County and in like intervals and installments as salaries are paid to employees of Lowndes County. In addition to the salary compensation provided for in this section, the governing authority of Lowndes County shall pay on behalf of each judge of the State Court of Lowndes County a sum equal to one-half of the employee contribution required for judges by the Georgia Judicial Retirement System created by Chapter 23 of Title 47 of the O.C.G.A. In addition, the governing authority of Lowndes County shall pay on behalf of each judge a sum equal to one-half of the employee contribution required for judges by the Georgia Judicial Retirement System created by Chapter 23 of Title 47 of the O.C.G.A. and deduct such sum from each judge's salary compensation."

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 2014 session of the General Assembly of Georgia a bill to amend an Act establishing the State Court of Lowndes County, approved December 11, 1901 (Ga. L. 1901, p. 176), as amended, particularly by an Act approved March 21, 1968 (Ga. L. 1968, p. 2332) and an Act approved April 4, 1991 (Ga. L. 1991, p. 3551); and for other purposes.
/s/ Ellis Black 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 h 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 Valdosta Daily Times which is the official organ of Lowndes County on February 2, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

4276

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

s/ ELLIS BLACK Ellis Black Representative, District 174

Sworn to and subscribed before me, this 10th day of February, 2014.

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

Approved April 16, 2014.

__________

FULTON COUNTY FULTON COUNTY SCHOOL DISTRICT; TEACHERS AND EMPLOYEES PENSION AND RETIREMENT PLAN; DISABILITY; INTERIM RULES AND REGULATIONS.

No. 568 (House Bill No. 862).

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, so as to amend a certain definition; to correct an internal reference; to authorize the board of trustees to accept certain determinations of total disability; to authorize the board of trustees to adopt interim rules and regulations in certain circumstances; to provide for the automatic repeal of such rules and regulations; to provide for vesting under certain conditions; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. 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, is amended by revising subparagraph (A) of paragraph (3) of Section 1.01 as follows:

GEORGIA LAWS 2014 SESSION

4277

"(A) 'Three-year high average compensation' means the average of the participant's monthly compensation for the three periods of 12 consecutive months during which the participant received his or her highest compensation; and"

SECTION 2. Said Act is further amended by revising paragraph (4) of subsection (b) of Section 2.02 as follows:
"(4) A participant who is granted a leave by the board for reasons of illness or study may purchase service credit for such leave by repaying employee contributions in accordance with paragraph (2) of this subsection; provided, however, that no participant shall be entitled to such credit for a time exceeding two years of creditable service; and provided, further, that limit of two years of creditable service shall not be included in determining the limit on service credit that can be purchased for prior service with other employers under the terms of Section 2.03 of this Act."

SECTION 3. Said Act is further amended by revising Section 6.05 as follows:

"SECTION 6.05. Determination of disability by pension board.

Notwithstanding anything to the contrary contained in this Act, a participant shall not be considered disabled until he or she is determined to be disabled by the pension board. The disability benefit shall be granted under such rules, terms, and regulations as may be fixed by the pension board. In determining whether or not a participant shall be granted a disability benefit due to accident or illness, the pension board shall consider, among other things, whether or not the participant has served the required number of years, whether or not the participant has complied with the laws, rules, and regulations governing pensions, and whether or not the participant is actually totally and permanently disabled. The pension board shall require that the applicant be examined by competent physicians and surgeons. In deciding upon the question of permanent and total disability, the pension board may receive and consider the reports and recommendations of such examining medical officers, and the applicant shall have the right to submit medical and other competent evidence on the question of his or her disability and right to be retired; provided, however, that the pension board may accept a determination of permanent and total disability by the Teachers Retirement System of Georgia, the federal Social Security Administration, or any group long-term disability insurance carrier providing long-term disability benefits under a plan sponsored by the employer as evidence of permanent and total disability for purposes of the plan. The pension board's final determination that an applicant is not totally and permanently disabled shall be binding on all parties. If the pension board determines that the applicant is totally and permanently disabled, he or she

4278

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

shall be retired; provided, however, that the pension board shall have the right at least once a year to require the participant to submit to a medical examination for the purpose of determining whether or not the participant has sufficiently recovered from his or her disability and is able to return to his or her former position of employment. If the pension board, after such examination, determines that the participant is not actually totally and permanently disabled but is able to return to the position of employment he or she occupied at the time of retirement or a comparable position with the employer, and if such employment and status as to position, pay, and service credit at the time of retirement is offered to such member and he or she either accepts or fails or refuses to accept such offer, then the payment of such disability benefit shall cease."

SECTION 4. Said Act is further amended in Section 12.03 by deleting the word "and" at the end of paragraph (13), by replacing the period with "; and" at the end of paragraph (14), and by adding a new paragraph to read as follows:
"(15) To adopt such rules and regulations amending the plan as may from time to time be necessary to comply with federal rules and regulations during periods when the General Assembly is not in session; provided, however, that any such change shall be reported to the chairpersons of the House and Senate Retirement Committees for legislative action. Such rules and regulations shall expire on July 1 of the year following the year in which they were adopted."

SECTION 5. Said Act is further amended by revising Section 14.05 as follows:

"SECTION 14.05. Exclusive benefit.

Except as otherwise provided in this Act, the employer shall have no beneficial interest in any asset of the trust fund and no part of any asset in the trust fund shall ever revert to or be repaid to the employer, either directly or indirectly, nor, prior to the satisfaction of all liabilities with respect to the participants and their beneficiaries under the plan, shall any part of the corpus or income of the trust fund be used at any time for or diverted to purposes other than the exclusive benefit of the participants or their beneficiaries. In accordance with subsection (a) of the federal Treasury Regulation Section 1.401-6, in the event of a termination or partial termination of a public retirement or pension system, a member's accrued benefit as of the date of such termination or partial termination, to the extent then funded, shall be nonforfeitable and fully vested under federal Internal Revenue Code requirements."

GEORGIA LAWS 2014 SESSION
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

4279

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2014 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 in Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended; and for other purposes.

Submitted this 14th day of January 2014. To be signed by the Honorable Representative Harry Geisinger; Representative, District 48.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry Geisinger, who on oath deposes and says that he is the Representative from District 48 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on January 23, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ HARRY GEISINGER Harry Geisinger Representative, District 48

Sworn to and subscribed before me, this 27th day of January, 2014.

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

Approved April 21, 2014.

__________

4280

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GWINNETT COUNTY JUDGE OF PROBATE COURT; NONPARTISAN ELECTIONS.

No. 572 (House Bill No. 939).

AN ACT

To provide that future elections for the office of probate judge of Gwinnett County shall be nonpartisan elections; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. All elections for the office of probate judge of Gwinnett 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 nonpartisan general election immediately preceding the expiration of each respective term of 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 Gwinnett 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. 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 2014 session of the General Assembly of Georgia a bill to provide that future elections for the office of probate judge of Gwinnett County shall be nonpartisan elections; to provide for related matters; to provide an effective date; and for other purposes.

GEORGIA LAWS 2014 SESSION

4281

/s/ Representative Chuck Efstration District 104

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chuck Efstration, who on oath deposes and says that he is the Representative from District 104 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on January 30, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CHUCK EFSTRATION Chuck Efstration Representative, District 104

Sworn to and subscribed before me, this 5th day of February, 2014.

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

Approved April 21, 2014.

__________

GWINNETT COUNTY CHIEF MAGISTRATE; NONPARTISAN ELECTIONS.

No. 573 (House Bill No. 938).

AN ACT

To provide that future elections for the office of chief magistrate of Gwinnett County shall be nonpartisan elections; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

4282

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1. All elections for the office of chief magistrate of Gwinnett 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 nonpartisan general election immediately preceding the expiration of each respective term of 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 of Gwinnett County in office on the effective date of this Act. The sitting chief magistrate shall serve out the term of office for which such chief magistrate was elected and shall be eligible to succeed himself or herself as provided in this Act.

SECTION 3. 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 2014 session of the General Assembly of Georgia a bill to provide that future elections for the office of chief magistrate of Gwinnett County shall be nonpartisan elections; to provide for related matters; to provide an effective date; and for other purposes.
/s/ Representative Chuck Efstration District 104
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chuck Efstration, who on oath deposes and says that he is the Representative from District 104 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on January 30, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2014 SESSION

4283

s/ CHUCK EFSTRATION Chuck Efstration Representative, District 104

Sworn to and subscribed before me, this 5th day of February, 2014.

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

Approved April 21, 2014.

__________

DOUGLAS COUNTY BOARD OF ELECTIONS AND REGISTRATION; COMPOSITION OF BOARD; SELECTION AND APPOINTMENT OF MEMBERS.

No. 609 (House Bill No. 944).

AN ACT

To amend an Act creating a board of elections and registration for Douglas County, approved May 13, 2008 (Ga. L. 2008, p. 3880), so as to provide for composition of the board and the selection and appointment of members; 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 Douglas County, approved May 13, 2008 (Ga. L. 2008, p. 3880), is amended by revising Section 3 as follows:

"SECTION 3. (a) The board shall be composed of five members, each of whom shall be an elector and resident of the county and who shall be appointed as provided in this section. (b) The board shall be reconstituted effective January 1, 2015, as provided for in subsections (c) and (d) of this section; until such date, those members of the board serving

4284

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

on January 1, 2014, shall continue to serve. The appointments for members who shall take office on January 1, 2015, shall occur in accordance with subsection (e) of this section. (c) Two members of the board shall be appointed by the chairperson of the county executive committee of the political party which received the highest number of votes within this state for members of the General Assembly at the last general election immediately preceding the appointment of such members. Two members of the board shall be appointed by the chairperson of the county executive committee of the political party which received the next highest number of votes within this state for members of the General Assembly at the general election immediately preceding the appointment of such members. In the event that a political party entitled to appoint a member of the board does not have a county executive committee, such appointment shall be made by the state executive committee of such political party. One member shall be appointed by the governing authority of Douglas County. (d) One of the initial members appointed by the chairpersons of the county executive committees of the political parties shall serve for a term of two years and the other initial member appointed by such chairpersons shall serve for a term of four years. The initial member appointed by the governing authority of Douglas County shall serve for a term of four years. Thereafter, all members of the board shall be appointed for terms of four years and until their successors are appointed and qualified. (e) The appointment of each member shall be made by the respective appointing authority filing an affidavit with the clerk of the Superior Court of Douglas County no later than 30 days preceding the date on which such member is to take office stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each such certification on the minutes of the court and shall certify the name of each member to the Secretary of State and shall provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars. (f) Each member of the board shall be eligible to succeed himself or herself for one term following the completion of one four-year term, not including any time served under an interim appointment pursuant to subsection (g) of this section. Each member of the board shall have the right to resign at any time by giving written notice of his or her resignation to the respective appointing authority and to the clerk of the superior court. Each member of the board shall be subject to removal from the board at any time for cause, after notice and a hearing, in the same manner and by the same authority as provided for removal of registrars. (g) In the event that a vacancy occurs in the office of any member before the expiration of his or her term by removal, death, resignation, or otherwise, the respective appointing authority shall appoint a successor to serve the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members.

GEORGIA LAWS 2014 SESSION

4285

(h) Before entering upon his or her duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest."

SECTION 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 2014 Session of the General Assembly of Georgia, a Bill to Amend an Act creating a Board of Elections and Registration for Douglas County, approved May 13, 2008 (GA. L. 2008, p. 3880); and for other purposes.
/s/ Kimberly Alexander Representative, District 66
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kimberly Alexander, who on oath deposes and says that she is the Representative from District 66 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel which is the official organ of Douglas County on January 24, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ KIMBERLY ALEXANDER Kimberly Alexander Representative, District 66
Sworn to and subscribed before me, this 5th day of February, 2014.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Douglas County, Georgia My Commission Expires January 23, 2015 [SEAL]
Approved April 24, 2014.

4286

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

FULTON COUNTY APPOINTMENT OF MAGISTRATES; REPEAL.

No. 647 (House Bill No. 1058).

AN ACT

To repeal an Act providing for the appointment of magistrates in Fulton County, approved April 9, 1996 (Ga. L. 1996, p. 4368); 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 April 9, 1996 (Ga. L. 1996, p. 4368), is hereby repealed.

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 2014 session of the General Assembly of Georgia a bill to repeal an Act providing for the appointment of magistrates in Fulton County, approved April 9, 1996 (Ga. L. 1996, p. 4368); and for other purposes.
Representative Wendell Willard District 51
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 January 17, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ WENDELL WILLARD Wendell Willard Representative, District 51

GEORGIA LAWS 2014 SESSION

4287

Sworn to and subscribed before me, this 21st day of January, 2014.

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

Approved April 29, 2014.

__________

CITY OF HOLLY SPRINGS MAYOR AND COUNCIL; TERMS AND MANNER OF ELECTION.

No. 648 (House Bill No. 1079).

AN ACT

To amend an Act creating a new charter for the City of Holly Springs in the County of Cherokee, approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3679), and an Act approved April 24, 2013 (Ga. L. 2013, p. 3648), so as to provide for the terms and manner of election of the mayor and councilmembers; to provide for posts; 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 Holly Springs in the County of Cherokee, approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3679), and an Act approved April 24, 2013 (Ga. L. 2013, p. 3648), is amended by revising Section 2.02 as follows:

"SECTION 2.02. Except as otherwise provided in this charter, the members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of the city for one year prior to the date of the election of mayor and councilmembers. Each shall continue to reside therein during such member's period of service and continue to be registered and eligible to vote in municipal elections of the city."

4288

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2. Said Act is further amended by revising Section 5.02 as follows:

"SECTION 5.02. (a) On the effective date of this section, Kyle Whitaker shall be designated as serving in Council Post 1, Debbie Phillips shall be designated as serving in Council Post 2, Michael Roy Zenchuk II shall be designated as serving in Council Post 3, Karen Barnett shall be designated as serving in Council Post 4, and Jeremy Smith shall be designated as serving in Council Post 5. Each member of the council in office on the effective date of this section shall serve out the term to which he or she was elected. (b) The councilmembers representing Council Posts 1 and 2 shall serve until December 31, 2014, and until their respective successors are elected and qualified. On the Tuesday after the first Monday in November, 2014, successors shall be elected for a term of office beginning January 1, 2015, for a term of four years and until their respective successors are elected and qualified. (c) The councilmembers representing Council Posts 3, 4, and 5 shall serve until December 31, 2016, and until their respective successors are elected and qualified. On the Tuesday after the first Monday in November, 2016, successors to the councilmembers representing Council Posts 3 and 5 shall be elected for a term of office beginning January 1, 2017, for a term of four years and until their respective successors are elected and qualified. On the Tuesday after the first Monday in November, 2016, a successor to the councilmember representing Council Post 4 shall be elected for a term of office beginning January 1, 2017, for a term of two years and until his or her respective successor is elected and qualified. (d) Thereafter, a successor to each councilmember shall be elected on the Tuesday after the first Monday in November immediately preceding the end of such councilmember's term of office and such successor shall take office on January 1 following such election for a term of four years and until his or her respective successor is elected and qualified. (e) The mayor shall serve until December 31, 2016, and until his or her respective successor is elected and qualified. On the Tuesday after the first Monday in November, 2016, a successor to the mayor shall be elected for a term of office beginning January 1, 2017, for a term of four years and until his or her respective successor is elected and qualified. Thereafter, a successor to the mayor shall be elected on the Tuesday after the first Monday in November immediately preceding the end of the mayor's term of office and such successor shall take office on January 1 following such election for a term of four years and until his or her respective successor is elected and qualified. (f) The mayor and councilmembers shall be elected by plurality vote of the electors of the city at large."

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

GEORGIA LAWS 2014 SESSION

4289

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Holly Springs in the County of Cherokee, approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3679), and an Act approved April 24, 2013 (Ga. L. 2013, p. 3648), so as to provide for the terms and manner of election of the mayor and council-members; to provide for posts; to provide for related matters; 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 21, 2014, 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 24th day of February, 2014.

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

Approved April 29, 2014.

__________

4290

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CITY OF SANDERSVILLE CITY COUNCIL; MANNER OF ELECTION.

No. 649 (House Bill No. 1082).

AN ACT

To amend an Act providing for a new charter for the City of Sandersville, approved March 28, 1990 (Ga. L. 1990, p. 4823), as amended, so as to change the provisions regarding election of members of the city council; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for a new charter for the City of Sandersville, approved March 28, 1990 (Ga. L. 1990, p. 4823), as amended, is amended by revising subsection (f) of Section 2.11 as follows:
"(f)(1) For the purposes of electing members of the city council, the territory of the City of Sandersville is divided into four posts, which shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as 'Plan Name: sandersville-2013 Plan Type: Local Administrator: Sandersville 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. (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 Cobb 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. (4) Any part of Cobb County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (5) 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 2014 SESSION

4291

SECTION 2. It is the purpose of this Act to reapportion the districts from which members of the city council for the City of Sandersville are to be elected in subsequent municipal elections, and this Act results from changes in population based on the United States decennial census of 2010. It is not the intention of the General Assembly to affect the membership of current members of the council, their terms of office, or the manner in which their successors shall be elected, and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law, except to the extent of reapportioning the districts represented by such members.

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

Plan: sandersville-2013 Plan Type: Local Administrator: Sandersville User: bak

District 001 Washington County VTD: 30397 - SANDERSVILLE 950300: 4023 950400: 1116 1121 1126 1127 3008 3009 3010 3011 3012 3014 3015 3016 3025 3026 3027 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4042 4043

District 002 Washington County VTD: 3031488 - TENNILLE 950300: 2024 2026 2049 2051 2052 2057 2074 2090 950700: 3046 3047 3053 VTD: 30397 - SANDERSVILLE 950300: 2000 2001 2002 2003 2004 2005 2017 2018 2020 2027 2028 2029 2030 2031 2032 2033 2034 2035 2038 2053 2054 2055 2056 2083

4292

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

2084 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 4012 4013 4022 4024 4025 4027 4028 4029 4030 4031 4032 4033 4034

District 003 Washington County VTD: 3031488 - TENNILLE 950300: 2063 VTD: 30397 - SANDERSVILLE 950300: 1011 1013 1018 1029 1030 1051 1053 1054 1055 1056 1057 1058 1063 1064 1065 1071 1072 1073 1076 1077 1123 1124 1125 1126 1127 1128 1129 1130 1131 2006 2007 2013 2014 2016 2019 2021 2022 2023 2059 2060 2061 2062 2069 4009 4010 4011 4014 4015 4016 4017 4018 4019 4020 4021 4026 950400: 3002 3003 3004 3017 3020 3021 3022 3023 3024

District 004 Washington County VTD: 30397 - SANDERSVILLE 950300: 1010 1059 1060 1061 1062 1066 1067 1068 1069 1070 4000 4001 4002 4003 4004 4005 4006 4007 4008 950400: 2005 2009 2011 2012 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2036 2037 3000 3001 3005 3006 3007 3013 3018 3019

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to amend an Act providing for a new charter for the City of Sandersville, approved MArch 28, 1990 (Ga. L. 1990, p. 4823), as amended, so as to change the provisions regarding election of members of the city council; to provide for related matter; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2014 SESSION

4293

s/ MACK JACKSON Representative Mack Jackson District 128

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 January 29, 2014, 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 25th day of February, 2014.

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

Approved April 29, 2014.

__________

CITY OF PORT WENTWORTH CORPORATE BOUNDARIES.

No. 650 (House Bill No. 1116).

AN ACT

To amend an Act to incorporate the City of Port Wentworth, and to grant a charter to such city, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, so as to change the corporate boundaries; 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:

4294

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1. An Act to incorporate the City of Port Wentworth, and to grant a charter to such city, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, is amended by adding at the end of Section 2 the following:
"The corporate limits of the City of Port Wentworth are hereby extended beyond their present boundaries so as to include, in addition to the areas now embraced within the corporate limits of the city, all of the area and territory embraced and lying within the following described territory, contiguous to the City of Port Wentworth, to wit:
Beginning at a point where the northern right-of-way line of Gulfstream Road, if projected eastwardly, would intersect the existing western city limits of Port Wentworth, Georgia, then west along the northern right-of-way line of Gulfstream Road to the eastern right-of-way line of the CSX Railroad Company, then south along the eastern right-of-way line of the CSX Coastline Railroad Company to the point where said right-of-way line is or would be intersected by the southern boundary of lands now or formerly owned by Savannah Regional Industrial, being identified as PIN 1-0913-01-007 in the property tax records of Chatham County, then east along the southern boundary of the Savannah Regional Industrial lands to the existing western city limits of Port Wentworth, Georgia, then north along the existing western city limits of Port Wentworth, Georgia to the point of beginning."

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 2014 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, so as to change the corporate limits of said city; and for other purposes.
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 Savannah Morning News which is the official organ

GEORGIA LAWS 2014 SESSION

4295

of Chatham County on February 24, 2014, 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 5th day of March, 2014.

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

Approved April 29, 2014.

__________

CITY OF PORT WENTWORTH MUNICIPAL COURT; PENALTIES.

No. 651 (House Bill No. 1117).

AN ACT

To amend an Act to incorporate the City of Port Wentworth, and to grant a charter to such city, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, so as to change the penalties which may be imposed by the municipal 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:

SECTION 1. An Act to incorporate the City of Port Wentworth, and to grant a charter to such city, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, is amended by revising Section 32 as follows:

"SECTION 32. The city judge, as the presiding officer of the police court, shall have the power to impose fines for the offense of breaking the laws or ordinances of the city in an amount not to exceed $1,000.00 or to imprison offenders in the Chatham County jail or in the barracks

4296

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

of such city for a period of not more than six months. The presiding officer of the police court shall also have the power to punish for contempt of court by a fine not to exceed $1,000.00 or by imprisonment for not more than 30 days. He or she shall also have the power to issue warrants for state offenses committed within the corporate limits of the city, which warrants may be executed by any member of the city police force or by any sheriff or deputy sheriff of this state, and to hold hearings on such offenses and to commit the offenders to the jail in Chatham County, or admit them to bail if the offense is bailable, for their appearance at next term of a court of competent jurisdiction to be held in Chatham County."

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 2014 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, so as to change the maximum sentence that may be imposed on those convicted of violating a city ordinance; and for other purposes.
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 Savannah Morning News which is the official organ of Chatham County on February 24, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BILL HITCHENS Bill Hitchens Representative, District 161

GEORGIA LAWS 2014 SESSION

4297

Sworn to and subscribed before me, this 5th day of March, 2014.

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

Approved April 29, 2014.

__________

CITY OF PORT WENTWORTH MAYOR AND COUNCIL; COMPENSATION.

No. 652 (House Bill No. 1118).

AN ACT

To amend an Act to incorporate the City of Port Wentworth, and to grant a charter to said city, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, so as to change the compensation of the mayor and council; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to incorporate the City of Port Wentworth, and to grant a charter to said city, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, is amended by revising Section 12 as follows:
"SECTION 12. The mayor shall receive a salary of $600.00 per month. Each member of council shall receive a salary of $400.00 per month. The salaries of the mayor and council may be amended in accordance with the laws of the State of Georgia."

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.

4298

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 2014 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, so as to change the salaries for the mayor and council of said city; and for other purposes.

This 3rd day of February, 2014.

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 Savannah Morning News which is the official organ of Chatham County on February 3, 2014, 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 5th day of March, 2014.

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

Approved April 29, 2014.

__________

GEORGIA LAWS 2014 SESSION

4299

GAINESVILLE CONVENTION AND VISITORS BUREAU AUTHORITY CREATION.

No. 653 (House Bill No. 1132).

AN ACT

To create the Gainesville Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in the City of Gainesville, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directors of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for regulations; to provide for other matters relative to the foregoing and relative to the general purposes of this Act; to 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 "Gainesville Convention and Visitors Bureau Authority Act."

SECTION 2. Definitions.

As used in this Act, the term: (1) "Area" means the corporate limits of the City of Gainesville, Georgia. (2) "Authority" means the Gainesville Convention and Visitors Bureau Authority. (3) "Board" means the board of directors of the Gainesville Convention and Visitors Bureau Authority. (4) "City" means the City of Gainesville, Georgia. (5) "Special events" means events which, in the judgment of the authority, will promote tourism in the area or privately contracted functions.

4300

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 3. Creation of authority, status, tax exemption, and sovereign immunity.

(a) There is created a public body corporate and politic to be known as the Gainesville Convention and Visitors Bureau Authority. The authority shall be deemed to be a political subdivision of the state and a public corporation and, by that name, may contract and be contracted with, sue and be sued, implead and be impleaded, and bring and defend actions. The authority shall be a convention and visitors bureau authority created by Act of the General Assembly for a municipality for the purposes of Code Section 48-13-51 of the O.C.G.A. and is intended to be an agency and instrumentality of the municipality and a governmental unit for purposes of Sections 103, 141, and 150 of the federal Internal Revenue Code of 1986, as amended, and, as to the municipality, the authority is intended to be a subordinated entity for the purposes of Section 265(b)(3)(E)(ii) of the federal Internal Revenue Code of 1986, as amended. The authority shall not be a state institution nor a department or agency of the state but shall be a creation of the state, having a distinct corporate identity and being exempt from the provisions of Code Section 50-17-2 of the O.C.G.A., the "Georgia State Financing and Investment Commission Act." (b) The authority shall have its principal office within the City of Gainesville and its legal situs or residence for the purposes of this Act shall be the City of Gainesville, Hall County, Georgia. (c) The exercise of the powers conferred upon the authority in this Act shall constitute an essential governmental function for a public purpose. The properties of the authority, both real and personal, and the income of the authority are declared to be public properties, and income used for the benefit and welfare of the people of the city and not for the purpose of private or corporate benefit; and such properties, to the extent of the authority's ownership thereof or other interest therein, and all income and obligations of the authority shall be exempt from all taxes and special assessments of the state or any city, county, or other political subdivision thereof. The authority shall have all of the exemptions and exclusions from taxes as are now granted to cities and counties for the operation of properties or facilities similar to the properties and facilities to be owned or operated, or both, by the authority. (d) The authority shall have the same immunity and exemption from liability for torts and negligence as the state, and the officers, agents, and employees of the authority, when in performance of work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of the State of Georgia. The authority may be sued the same as private corporations on any contractual obligation of the authority. Any action to protect or to enforce any rights pursuant to the provisions of this Act or any suit or action against the authority shall be brought in the Superior Court of Hall County, Georgia. The property of the authority shall not be subject to levy and sale under legal process. The records of the authority shall be public records which are subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A. Nothing in this Act shall be construed

GEORGIA LAWS 2014 SESSION

4301

to abridge or change the powers and duties of other authorities, departments, boards, and like agencies of the city.

SECTION 4. Directors and meetings.

(a) The board shall consist of at least seven directors, who shall be natural persons at least 18 years of age. The members of the board shall be appointed by the mayor and council of the city and shall be eligible to succeed themselves for a maximum of three consecutive terms. The members of the board shall serve terms of two years, except for the initial establishment of the board when three of the seven members shall serve terms of three years. Appointments shall be made so that representation on the board shall always include at least the following:
(1) Hotels and motels, two members; (2) Restaurants and food establishments, one member; (3) Attractions, two members; (4) The director of the Gainesville Parks and Recreation Agency, one member; and (5) The city manager of the City of Gainesville, one member. Members shall receive no compensation for their services as members of the authority, but shall be reimbursed for their proper and reasonable expenses incurred in the performance of their duties, subject to any limitations imposed by general law on the reimbursement of public officials and subject to any limitations which may be contained in the bylaws of the authority. (b) The board shall meet at such times as may be necessary to transact the business coming before it, but not less often than twice yearly. Either the chairperson or any two other directors together may call a special meeting of the board. Meetings of the board shall be open to the public in accordance with the laws of the State of Georgia. Written minutes of all meetings shall be kept; and, within 30 days following every meeting, a copy of the minutes shall be furnished to the mayor and council of the city. Meetings shall be conducted in accordance with the latest version of Roberts Rules of Order. (c) At the first meeting of the board, and thereafter subsequently to yearly new appointments, the directors shall elect a chairperson and a vice chairperson from their voting members. The chairperson shall preside at meetings of the board and shall vote on all matters coming before the board. The vice chairperson shall preside at meetings in the absence of the chairperson. In the absence of both the chairperson and vice chairperson, the directors present at a meeting shall elect a temporary chairperson to preside at that meeting, so long as the chairperson and vice chairperson both remain absent from the meeting. A quorum shall consist of at least four directors of the board. All directors present at a meeting, including the chairperson, vice chairperson, or any other director presiding at such meeting, shall be entitled to vote on all matters which shall come before the board. No vacancy on the

4302

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

board shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority.

SECTION 5. Purpose.

The purpose of the authority is to promote special events as well as to promote tourism, conventions, and trade shows within the area in such manner or manners contemplated by paragraph (4) of subsection (a) of Code Section 48-13-51 of the O.C.G.A. or any other applicable paragraph of such Code section.

SECTION 6. Duties.

It shall be the duty of the authority to promote special events as well as to promote tourism, conventions, and trade shows within the area and to operate the authority and its facilities in a fiscally responsible manner.

SECTION 7. Powers.

(a) The authority shall have all powers allowed by law and consistent with the provisions of this Act as are necessary or convenient to carry out its corporate purpose, including, without limitation, the power to:
(1) Adopt and alter a corporate seal; (2) Purchase advertising promoting special events and promoting tourism, conventions, and trade shows; (3) Encourage, solicit, promote, procure, sponsor, cosponsor, and service conventions, trade shows, and special events; (4) Lend financial support through grants, contributions, or otherwise to other governmental entities in furtherance of its corporate purpose after approval by a majority vote of the city council; (5) Lend financial support through grants, contributions, or otherwise to private sector, for profit, and nonprofit entities in furtherance of its corporate purpose after approval by a majority vote of the city council, provided that the authority determines that the residents of the area shall receive a substantial benefit therefrom; (6) Conduct activities to foster a better public understanding on the part of individuals and businesses of the importance of tourism and the convention and visitors industry to the economy of the city and of the area; (7) Conduct activities to encourage and to assist the cooperation between the businesses and industries servicing tourists, conventions, trade shows, and special events;

GEORGIA LAWS 2014 SESSION

4303

(8) Engage in fundraising activities in furtherance of its corporate purpose; (9) Appoint an advisory committee and other committees of persons from the public and private sectors without regard to their places of residence; (10) Make contracts of every kind and character with, and without limitation, any and all persons, firms, and corporations and the state and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, the authority and the city shall be permitted to enter into the following:
(A) Contracts under which hotel-motel taxes collected by the city are paid to and expended by the authority as contemplated by paragraph (4) of subsection (a) of Code Section 48-13-51 of the O.C.G.A. or any other applicable provision under such law; (B) Contracts under which the authority purchases administrative and financial management services from the city to be performed by personnel at the city's cost, which shall include the costs of payroll, employee benefits, supplies, and overhead reasonably allocable to the performance of such services; and (C) Lease contracts relating to leases of real property, personal property, or both real and personal property; (11) Accept grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof upon such terms and conditions as the United States or such agency or instrumentality may impose; (12) Accept grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political division thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (13) Sue and be sued in contract and in tort and complain and defend in all courts; (14) Advise and recommend plans to other public and private sector entities for the promotion of tourism, conventions, trade shows, and special events; (15) Conduct studies and develop plans for improving tourism in the area; (16) Receive and disburse public funds appropriated by the city, including, but not limited to, revenues derived from hotel-motel taxes collected by the city; and receive and disburse funds from private sources and other revenues which may be received from time to time which would assist in the accomplishment of its corporate purpose; and (17) Do all things necessary or convenient to accomplish its corporate purposes and to exercise any power permitted by the laws of this state to be exercised by private corporations which will further the authority's ability to accomplish such purpose, so long as the exercise of such power is not in conflict with the Constitution or laws of this state. (b) The powers enumerated in each paragraph of subsection (a) of this section are cumulative of and in addition to those powers enumerated in other paragraphs of subsection (a) of this section and any other powers elsewhere in this Act or which may be reasonably inferred from the provisions of this Act.

4304

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 8. Bylaws.

The authority may, by affirmative vote of a majority of all directors, adopt and amend bylaws to govern the authority, its employees, and operation.

SECTION 9. Budget.

The authority shall prepare an annual budget to be submitted to the city and shall file all appropriate expenditure reports with the city and the state.

SECTION 10. Liability limited.

Neither the directors of the authority nor any person executing notes, leases, or other agreements or obligations on behalf of the authority shall be personally liable thereon by reason of such execution.

SECTION 11. City not bound.

The authority shall have no power or authority to bind the city by any contract, agreement, financial obligation, indebtedness, or otherwise; and no contract, agreement, financial obligation, or indebtedness incurred by the authority shall ever be a claim or charge against the city; provided, however, that both the authority and the city shall be bound to each other by contracts, agreements, financial obligations, or indebtedness between themselves.

SECTION 12. Oversight.

The city council shall be authorized to inspect at its pleasure the state and condition of the authority, its properties, and all books and records pertaining to the authority and its affairs, and the authority shall give it such books and records and furnish it with assistance in making such inspections.

SECTION 13. Dissolution.

Should the authority, for any reason, be dissolved after full payment of all indebtedness previously incurred, both as to principal and interest, title to all property of any kind and

GEORGIA LAWS 2014 SESSION

4305

nature, real and personal, held by the authority at the time of such dissolution shall be conveyed to the city; or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to such property at the time of such conveyance.

SECTION 14. Effective date.

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

SECTION 15. Repealer.

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

Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to authorize the creation of the Gainesville Convention and Visitors Bureau Authority.
This 25th day of February, 2014.
Representative Carl Rogers 26th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Rogers, who on oath deposes and says that he is the Representative from District 29 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County on February 25, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CARL ROGERS Carl Rogers Representative, District 29

4306

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 5th day of March 2014.

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

Approved April 29, 2014.

__________

CITY OF DORAVILLE CORPORATE LIMITS; TAX EXEMPTIONS; PROHIBIT CERTAIN ANNEXATIONS.

No. 654 (House Bill No. 1138).

AN ACT

To amend an Act reincorporating the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, so as to change the corporate limits; to authorize certain tax exemptions; to prohibit certain annexation efforts; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act reincorporating the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, is amended by revising the description of the corporate limits of the City of Doraville in Appendix A by adding at the end the following:
"In addition to all other territory included within the corporate limits of said city, the corporate limits shall specifically include the following described property, all of which is located in DeKalb County, Georgia:
Annexation Area A: A certain parcel of land lying and being in Land Lots 337 and 320 of the 18th District of DeKalb County, Georgia, according to the platting and tax parcel systems as set forth in the official records of DeKalb County, Georgia, on the 27th day of February, 2014, as more particularly described as follows:

GEORGIA LAWS 2014 SESSION

4307

Commencing at the intersection of Parcel 18 337 04 002, Parcel 18 338 08 085, the easterly right-of-way property boundary of Buford Highway Northeast/US Highway Route 23, and the existing municipal property boundary of the City of Doraville, and being the TRUE POINT OF BEGINNING of this description; Thence, southerly following the municipal property boundary of the City of Doraville, which follows the easterly right-of-way property boundary of Buford Highway Northeast/US Highway Route 23 to a point of intersection of the easterly right-of-way property boundary of Buford Highway Northeast/US Highway Route 23, Parcel 18 320 01 009 and Parcel 18 320 01 035; Thence, approximately 200 feet along the southerly property boundary of Parcel 18 320 01 009 to a point intersecting with southerly property boundary of Parcel 18 320 01 010 and easterly property boundary of Parcel 18 320 01 027; Thence, approximately 14 feet along the easterly property boundary of Parcel 18 320 01 010 to a point intersecting with the easterly property boundary of said parcel and with the southerly property boundary of Parcel 18 320 01 009; Thence, approximately 184 feet along the southerly property boundary of Parcel 18 320 01 009 to a point intersecting with the southerly property boundary of Parcel 18 320 01 008; Thence, approximately 145 feet along the southerly property boundary of Parcel 18 320 01 008 to a point intersecting with the southerly property boundary of Parcel 18 320 01 024; Thence, approximately 144 feet along the southerly property boundary of Parcel 18 320 01 024 to a point of intersection of said Parcel and Parcel 18 320 01 023; Thence, approximately 108 feet along the easterly property boundary of Parcel 18 320 01 024 to a point intersecting with easterly property boundary of Parcel 18 320 01 026; Thence, approximately 324 feet along the easterly property boundary of Parcel 18 320 01 026 to a point of intersection of said Parcel and the northerly property boundary of Parcel 18 320 01 019; Thence, approximately 170 feet along the northerly property boundary of Parcel 18 320 01 019 to a point of intersection of said Parcel and the westerly right-of-way of McElroy Road; Thence, crossing McElroy Road to a point of intersection of the easterly right-of-way of McElroy Road and the westerly property boundary of Parcel 18 320 04 039 and Parcel 18 320 04 040; Thence, northerly along the easterly right-of-way of McElroy Road to its intersection with Parcel 18 320 04 039 and Parcel 18 320 04 038; Thence, approximately 692 feet along the northeasterly property boundary of Parcel 18 320 04 038 to a point intersecting with the westerly property boundary Parcel 18 320 04 064;

4308

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Thence, approximately 291 feet along the easterly property boundary of Parcel 18 320 04 038 to a point intersecting with the southerly property boundary of Parcel 18 337 05 001; Thence, approximately 336 feet along the southerly property boundary of Parcel 18 337 05 001 to a point intersecting with the southerly property boundary of Parcel 18 337 05 005; Thence, approximately 309 feet along the southerly property boundary of Parcel 18 337 05 005 to a point intersecting with easterly property boundary of Parcel 18 337 05 005; Thence, approximately 290 feet along the easterly property boundary of Parcel 18 337 05 005 to a point of intersection of said Parcel and the southerly right-of-way of Oakcliff Road; Thence, crossing Oakcliff Road to a point of intersection of the northerly right-of-way of Oakcliff Road, Parcel 18 337 09 027, and Parcel 18 337 04 009; Thence, approximately 107 feet along the westerly property boundary of Parcel 18 337 04 009 to a point intersecting with the southerly property boundary of Parcel 18 337 09 027; Thence, approximately 215 feet along the southerly property boundary of Parcel 18 337 09 027 to a point intersecting with the southerly property boundary of Parcel 18 337 09 028; Thence, approximately 550 feet along the southerly property boundary of Parcel 18 337 09 028 to a point of intersection of said Parcel and the municipal property boundary of the City of Doraville; Thence, northerly following the municipal property boundary of the City of Doraville to the intersection of Parcel 18 337 04 002, Parcel 18 338 08 085, and the southerly right-of-way property boundary of Buford Highway Northeast/US Highway Route 23, and being the TRUE POINT OF BEGINNING.

Annexation Area B: A certain parcel of land lying and being in Land Lots 282 and 295 of the 18th District of DeKalb County, Georgia, according to the platting and tax parcel systems as set forth in the official records of DeKalb County, Georgia, on the 27th day of February, 2014 as more particularly described as follows: Commencing at the intersection of the easterly right-of-way boundary of Chestnut Drive, the existing municipal boundary of the City of Doraville, and Parcel 18 282 13 002, being the TRUE POINT OF BEGINNING of this description; Thence, southerly following the easterly right-of-way of Chestnut Drive to a point of intersection of said right-of-way with the northerly right-of-way with Interstate 85; Thence, northeasterly along the northerly right-of-way of Interstate 85 to a point of intersection with the westerly right-of-way of Interstate 285;

GEORGIA LAWS 2014 SESSION

4309

Thence, northwesterly along the westerly right-of-way of Interstate 285 to its point of intersection with Parcel 18 295 01 034, and Parcel 18 295 01 036; Thence, approximately 477 feet along the northerly boundary of Parcel 18 295 01 034 to a point intersecting with the easterly boundary of Parcel 18 295 01 037; Thence, northeasterly approximately 47 feet along the easterly boundary of Parcel 18 295 01 037 to a point intersecting with northerly boundary of Parcel 18 295 01 037; Thence, along the northerly boundary of Parcel 18 295 01 037 to a point of intersection of said Parcel and Parcel 18 295 01 032; Thence, approximately 472 feet along the easterly boundary of Parcel 18 295 01 032 to a point intersecting with the northerly boundary of Parcel 18 295 01 032; Thence, approximately 305 feet along the northerly boundary of Parcel 18 295 01 032 to a point intersecting with the westerly boundary of Parcel 18 295 01 032; Thence, approximately 735 feet along the westerly boundary of Parcel 18 295 01 032 to a point intersecting with the southerly boundary of Parcel 18 295 01 032; Thence, approximately 38 feet along the southerly boundary of Parcel 18 295 01 032 to a point intersecting with the westerly boundary of Parcel 18 295 01 018; Thence, approximately 555 feet along the westerly boundary of Parcel 18 295 01 018 to a point intersecting with the northerly boundary of Parcel 18 295 01 027; Thence, approximately 43 feet along the northwesterly boundary of Parcel 18 295 01 027 to a point intersecting with the northwesterly boundary of Parcel 18 295 01 019; Thence, approximately 580 feet along the northwesterly boundary of Parcel 18 295 01 019 to a point intersecting with the northwesterly boundary of Parcel 18 295 01 020; Thence, approximately 164 feet along the northwesterly boundary of Parcel 18 295 01 020 to a point intersecting with the northwesterly boundary of Parcel 18 295 01 022; Thence, approximately 130 feet along the northwesterly boundary of Parcel 18 295 01 022 to a point intersecting with northwesterly boundary of Parcel 18 295 01 021; Thence, approximately 38 feet along the northwesterly boundary of Parcel 18 295 01 021 to a point of intersection of said Parcel, Parcel 18 295 01 003, and the existing municipal boundary of the City of Doraville; Thence, southerly following the municipal boundary of the City of Doraville to the TRUE POINT OF BEGINNING.

Annexation Area C: A certain parcel of land lying and being in Land Lots 312, 313, 314, 317, 318, and 319 of the 18th District of DeKalb County, Georgia, according to the platting and tax parcel systems as set forth in the official records of DeKalb County, Georgia, on the 27th day of February, 2014 as more particularly described as follows:

4310

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Commencing at the intersection of the northwesterly boundary corner of Parcel 18 312 02 028 and the southwesterly boundary corner of Parcel 18 312 02 010, being the TRUE POINT OF BEGINNING of this description; Thence, approximately 109 feet along the westerly boundary of Parcel 18 312 02 028 to a point intersecting with the westerly boundary of Parcel 18 312 02 012; Thence, approximately 151 feet along the westerly boundary of Parcel 18 312 02 012 to a point intersecting with the westerly boundary of Parcel 18 312 02 016; Thence, approximately 148 feet along the westerly boundary of Parcel 18 312 02 016 to a point intersecting with the westerly boundary of Parcel 18 312 02 033; Thence, approximately 325 feet along the westerly boundary of Parcel 18 312 02 033 to a point intersecting with the westerly boundary of Parcel 18 312 02 030; Thence, approximately 154 feet along the westerly boundary of Parcel 18 312 02 030 to a point intersecting with the southerly boundary of Parcel 18 312 02 030 and the northerly right-of-way boundary of Interstate 285; Thence, commencing southeasterly following the northerly right-of-way boundary of Interstate 285 to a point of intersection of the right-of-way boundary of said Interstate and the northerly right-of-way boundary of Interstate 85; Thence, commencing northeasterly following the northerly right-of-way boundary of Interstate 85 to its point of intersection of said Interstate, the existing boundary of the County of DeKalb, and the existing boundary of the County of Gwinnett; Thence, commencing northwesterly following the boundary of the County of DeKalb to a point of intersection of said boundary, the existing municipal boundary of the City of Doraville and the northerly corner of Parcel 18 318 01 001; Thence, approximately 1,560 feet along the existing municipal boundary of the City of Doraville and the westerly boundary of Parcel 18 318 01 001 to a point of intersection with the northerly boundary of Parcel 18 318 01 002; Thence, approximately 12 feet along the existing municipal boundary of the City of Doraville and the northerly boundary of Parcel 18 318 01 002 to a point of intersection with the westerly boundary of Parcel 18 318 01 002; Thence, approximately 372 feet along the existing municipal boundary of the City of Doraville and the westerly boundary of Parcel 18 318 01 002 and the westerly boundary of Parcel 18 318 01 013 to a point intersecting with the easterly boundary of Parcel 18 319 17 020; Thence, commencing westerly approximately 1,515 feet along the existing municipal boundary of the City of Doraville to the intersection of said municipal boundary and the northwest corner of Parcel 18 319 03 034; Thence, approximately 1,012 feet along the westerly boundary of Parcel 18 319 03 034 to a point intersecting with the westerly boundary of Parcel 18 319 03 038; Thence, approximately 278 feet along the westerly boundary of Parcel 18 319 03 038 to a point intersecting with the westerly boundary of Parcel 18 313 01 063;

GEORGIA LAWS 2014 SESSION

4311

Thence, approximately 135 feet along the westerly boundary of Parcel 18 313 01 063 to a point intersecting with northerly boundary of Parcel 18 313 01 063; Thence, approximately 193 feet along the northerly boundary of Parcel 18 313 01 063 to a point intersecting with the westerly boundary of Parcel 18 313 01 063; Thence, following the westerly boundary of Parcel 18 313 01 063 to a point intersecting with the westerly boundary of Parcel 18 313 01 062; Thence, following the westerly boundary of Parcel 18 313 01 062 to a point intersecting with the northerly boundary of Parcel 18 313 01 046; Thence, following the westerly boundary of Parcel 18 313 01 046 to a point intersecting with the northerly boundary of Parcel 18 313 01 059; Thence, approximately 819 feet along the northerly boundary of Parcel 18 313 01 059 to a point intersecting with the northerly boundary of Parcel 18 313 01 058; Thence, approximately 569 feet along the northerly boundary of Parcel 18 313 01 058 intersecting with the easterly boundary of Parcel 18 312 06 005; Thence, approximately 649 feet along the easterly boundary of Parcel 18 312 06 005 to a point intersecting with the northerly boundary of Parcel 18 312 06 005; Thence, approximately 650 feet along the northerly boundary of Parcel 18 312 06 005 to a point of intersection of said Parcel and the easterly right-of-way boundary of Honeysuckle Lane; Thence, crossing Honeysuckle Lane to a point of intersection of the westerly right-of-way boundary of Honeysuckle Lane and the northerly boundary of Parcel 18 312 02 030 and Parcel 18 321 02 017; Thence, following the westerly right-of-way boundary of Honeysuckle Lane northerly to a point of intersection of said Road and the northwesterly corner of Parcel 18 312 02 017; Thence, approximately 191 feet along the westerly boundary of Parcel 18 312 02 017 to a point intersecting with the northern boundary of Parcel 18 312 02 019; Thence, approximately 270 feet along the northern boundary of Parcel 18 312 02 019 to a point of intersection of said Parcel and the easterly right-of-way boundary of Mcelroy Road; Thence, crossing Mcelroy Road to a point of intersection of the westerly right-of-way boundary of said Road, Parcel 18 312 02 028, and Parcel 18 312 02 010; Thence, approximately 165 feet along the northerly boundary of Parcel 18 312 02 028 to the TRUE POINT OF BEGINNING."

SECTION 2. (a) Upon the effective date of this Act, the City of Doraville shall be authorized a freeport exemption upon such real property in the annexation areas described in this Act as existed for such properties, in the same exemption amounts, while they were still part of the unincorporated area of DeKalb County. Without limiting the generality of the foregoing, it is specifically provided that no petition, election, or other condition precedent which might

4312

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

otherwise be required under Title 48 of the O.C.G.A. to authorize such freeport exemption shall be required in order for such properties to continue receiving such exemption. (b) Upon signature of the Governor, or this Act becoming effective as otherwise provided by law, the annexation areas described in this Act shall be unavailable for further annexation and no other annexations affecting the annexation areas described in this Act shall be initiated by any annexation method under Chapter 36 of Title 36 of the O.C.G.A. and any annexation process affecting such annexation areas begun prior to the approval of this Act by the Governor or this Act becoming law without such approval shall, if not fully completed prior to such event, be null and void and of no effect.

SECTION 3. This Act shall become effective on December 31, 2014, at 12:01 A.M.

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 2014 session of the General Assembly of Georgia a bill to amend an Act incorporating the ++City of Doraville++, approved October 13, 1971 (Ga. L. 1971, Ex. Sess. p. 2154), as amended, so as to revise the boundaries of the City to annex particular parcels in unincorporated DeKalb County into the City of Doraville; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act; to repeal conflicting laws; and for other purposes.
This 25th day of February, 2014
Representative Scott Holcomb District 81
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Scott Holcomb, who on oath deposes and says that he is the Representative from District 81 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on March 6, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2014 SESSION

4313

s/ SCOTT HOLCOMB Scott Holcomb Representative, District 81

Sworn to and subscribed before me, this 10th day of March, 2014.

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

Approved April 29, 2014.

__________

CITY OF DORAVILLE CORPORATE LIMITS; TAX EXEMPTIONS; PROHIBIT CERTAIN ANNEXATIONS; REFERENDUM.

No. 655 (House Bill No. 1139).

AN ACT

To amend an Act reincorporating the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, so as to change the corporate limits; to authorize certain tax exemptions; to prohibit certain annexation efforts; to provide for related matters; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act reincorporating the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, is amended by revising the description of the corporate limits of the City of Doraville in Appendix A by adding at the end the following:
"In addition to all other territory included within the corporate limits of said city, the corporate limits shall specifically include the following described property, all of which is located in DeKalb County, Georgia:
A certain parcel of land lying and being in Land Lots 281, 282, 295, 312, 313, 319, 320, 321, and 337 of the 18th District of DeKalb County, Georgia, according to the platting

4314

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

and tax parcel systems as set forth in the official records of DeKalb County, Georgia, on the 27th day of February, 2014 as more particularly described as follows:
Commencing at a point of intersection of the southerly end of the existing municipal property boundary of the City of Doraville, the centerline of Chamblee-Tucker Road, and the centerline of Bagley Drive, being the TRUE POINT OF BEGINNING of this description; Thence, commencing southerly following the centerline alignment of Chamblee-Tucker Road to a point of intersection of said Road and Dresden Drive; Thence, crossing the westbound portion of Chamblee-Tucker Road to a point of intersection of the northerly right-of-way property boundary of said Road and the southwesterly corner of Parcel 18 282 14 050; Thence, approximately 153 feet along the southerly property boundary of Parcel 18 282 14 050 to a point intersecting with of the southerly right-of-way property boundary of Interstate 85; Thence, crossing Interstate 85 southerly to a point of intersection of the southerly right-of-way property boundary of said Interstate and the southwesterly corner of Parcel 18 282 12 001; Thence, commencing northeasterly following the southerly right-of-way property boundary of Interstate 85 excluding service roads to a point of intersection of the southerly right-of-way property boundary of Interstate 285; Thence, commencing southeasterly following the southerly right-of-way property boundary of Interstate 285 to its intersection with the northerly right-of-way of Chamblee-Tucker Road; Thence, easterly along said right-of-way of Chamblee-Tucker Road to its intersection with the northerly right-of-way of Interstate 285; Thence, commencing northwesterly along the easterly right-of-way of Interstate 285 to its intersection with the southerly right-of-way of Interstate 85; Thence, commencing northeasterly following the southerly right-of-way property boundary of Interstate 85 excluding service roads to a point of intersection of the southerly right-of-way property boundary of said Interstate, the existing property boundary of the County of DeKalb, and the existing property boundary of the County of Gwinnett; Thence, commencing northwesterly following the property boundary of the County of DeKalb and the property boundary of the County of Gwinnett to a point of intersection with the northerly right-of-way property boundary of Interstate 85; Thence, commencing southwesterly following the northerly right-of-way property boundary of Interstate 85 to its point of intersection with the northerly right-of-way of Interstate 285; Thence, commencing northwesterly following the northerly right-of-way property boundary of Interstate 285 to the point of intersection of said Interstate and Parcel 180 312 02 030 and Parcel 18 312 02 001;

GEORGIA LAWS 2014 SESSION

4315

Thence, approximately 154 feet along the westerly property boundary of Parcel 18 312 02 030 to a point intersecting with the westerly property boundary of Parcel 18 312 02 033; Thence, approximately 325 feet along the westerly property boundary of Parcel 18 312 02 033 to a point intersecting with the westerly property boundary of Parcel 18 312 02 016; Thence, approximately 148 feet along the westerly property boundary of Parcel 18 312 02 016 to a point intersecting with the westerly property boundary of Parcel 18 312 02 012; Thence, approximately 151 feet along the westerly property boundary of Parcel 18 312 02 012 to a point intersecting with the westerly property boundary of Parcel 18 312 02 028; Thence, approximately 109 feet along the westerly property boundary of Parcel 18 312 02 028 to a point intersecting with the northerly property boundary of Parcel 18 312 02 028; Thence, approximately 165 feet along the northerly property boundary of Parcel 18 312 02 028 to a point intersecting with westerly right-of-way of McElroy Road; Thence, crossing McElroy Road to its point of intersection with Parcel 18 312 02 019 and Parcel 18 312 02 035; Thence, approximately 270 feet along the northerly property boundary of Parcel 18 312 02 019 to a point intersecting with the westerly property boundary of Parcel 18 312 02 017; Thence, approximately 191 feet along the westerly property boundary of Parcel 18 312 02 017 to a point at its intersection with the southerly right-of-way property boundary of Honeysuckle Lane; Thence, along the southerly right-of-way property boundary of Honeysuckle Lane to a point of intersection of Parcel 18 312 02 017 and Parcel 18 312 02 030; Thence, crossing Honeysuckle Lane to a point of intersection of Parcel 18 312 06 005 and Parcel 18 312 07 034; Thence, approximately 643 feet along the northerly property boundary of Parcel 18 312 06 005 to a point intersecting with the easterly property boundary of Parcel 18 312 06 005; Thence, approximately 649 feet along the easterly property boundary of Parcel 18 312 06 005 to a point intersecting with the northerly property boundary of Parcel 18 313 01 058; Thence, approximately 569 feet along the northerly property boundary of Parcel 18 313 01 058 to a point intersecting with the northerly property boundary of Parcel 18 313 01 059; Thence, approximately 819 feet along the northerly property boundary of Parcel 18 313 01 059 to a point intersecting with the westerly property boundary of Parcel 18 313 01 046;

4316

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Thence, following along the westerly property boundary of Parcel 18 313 01 046 to a point intersecting with the westerly property boundary of Parcel 18 313 01 062; Thence, following along the westerly property boundary of Parcel 18 313 01 062 to a point intersecting with the westerly property boundary of Parcel 18 313 01 063; Thence, following along the westerly property boundary of Parcel 18 313 01 063 to a point intersecting with the northerly property boundary of Parcel 18 313 01 063; Thence, approximately 193 feet along the northerly property boundary of Parcel 18 313 01 063 to a point intersecting with the westerly property boundary of Parcel 18 313 01 063; Thence, approximately 135 feet along the westerly property boundary of Parcel 18 313 01 063 to a point intersecting with the westerly property boundary of Parcel 18 319 03 038; Thence, approximately 278 feet along the westerly property boundary of Parcel 18 319 03 038 to a point intersecting with the westerly property boundary of Parcel 18 319 03 034; Thence, approximately 270 feet along the westerly property boundary of Parcel 18 319 03 034 to a point of intersection of said Parcel and the existing municipal property boundary of the City of Doraville; Thence, commencing westerly following the existing southerly municipal property boundary of the City of Doraville to a point of intersection of said Property boundary, Parcel 18 337 04 015, and Parcel 18 337 09 028; Thence, approximately 550 feet along the southerly property boundary of Parcel 18 337 09 028 to a point intersecting with the southerly property boundary of Parcel 18 337 09 027; Thence, approximately 215 feet along the southerly property boundary of Parcel 18 337 09 027 to a point intersecting with the westerly property boundary of Parcel 18 337 04 009; Thence, approximately 107 feet along the westerly property boundary of Parcel 18 337 04 009 to its intersection with the northerly right-of-way property boundary of Oakcliff Road; Thence, crossing Oakcliff Road to a point of intersection of the southerly right-of-way property boundary of Oakcliff Road, Parcel 18 337 05 005 and Parcel 18 320 04 064; Thence, approximately 290 feet along the easterly property boundary of Parcel 18 337 05 005 to a point intersecting with the southerly property boundary of Parcel 18 337 05 005; Thence, approximately 309 feet along the southerly property boundary of Parcel 18 337 05 005 to a point intersecting with the southerly property boundary of Parcel 18 337 05 001; Thence, approximately 336 feet along the southerly property boundary of Parcel 18 337 05 001 to a point intersecting with the easterly property boundary of Parcel 18 320 04 038;

GEORGIA LAWS 2014 SESSION

4317

Thence, approximately 291 feet along the easterly property boundary of Parcel 18 320 04 038 to a point intersecting with the southerly property boundary of Parcel 18 320 04 038; Thence, approximately 692 feet along the southerly property boundary of Parcel 18 320 04 038 to a point of intersection of said Parcel, Parcel 18 320 04 039, and the easterly right-of-way property boundary of McElroy Road; Thence, southerly along the easterly right-of-way of McElroy Road to its intersection with Parcel 18 320 04 039 and Parcel 18 320 04 040; Thence, crossing McElroy Road to a point of intersection of the westerly right-of-way property boundary of McElroy Road and Parcel 18 320 01 026 and Parcel 18 320 01 019; Thence, approximately 170 feet along the northerly property boundary of Parcel 18 320 01 019 to a point intersecting with the easterly property boundary of Parcel 18 320 01 026; Thence, approximately 324 feet along the easterly property boundary of Parcel 18 320 01 026 to a point intersecting with the easterly property boundary of Parcel 18 320 01 024; Thence, approximately 108 feet along the easterly property boundary of Parcel 18 320 01 024 to a point intersecting with the southerly property boundary of Parcel 18 320 01 024; Thence, approximately 144 feet along the southerly property boundary of Parcel 18 320 01 024 to a point intersecting with the southerly property boundary of Parcel 18 320 01 008; Thence, approximately 145 feet along the southerly property boundary of Parcel 18 320 01 008 to a point intersecting with the southerly property boundary of Parcel 18 320 01 009 and Parcel 18 320 01 027; Thence, along the easterly property boundary of Parcel 18 320 01 027 to a point intersecting with the existing municipal property boundary of the City of Doraville; Thence, commencing southerly and following the municipal property boundary of the City of Doraville to a point of intersection of said Property boundary, Parcel 18 295 01 003, and Parcel 18 295 01 021; Thence, approximately 961 feet along the southerly property boundary of Parcel 18 295 01 003 to a point intersecting with the easterly property boundary of Parcel 18 295 01 003; Thence, approximately 557 feet along the easterly property boundary of Parcel 18 295 01 003 to a point intersecting with the northerly property boundary of Parcel 18 295 01 003; Thence, approximately 39 feet along the northerly property boundary of Parcel 18 295 01 003 to a point intersecting with the easterly property boundary of Parcel 18 295 01 068;

4318

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Thence, approximately 737 feet along the easterly property boundary of Parcel 18 295 01 068 to a point intersecting with the southerly property boundary of Parcel 18 295 01 031; Thence, approximately 474 feet along the southerly property boundary of Parcel 18 295 01 031 to a point intersecting with the southerly property boundary of Parcel 18 295 01 031; Thence, along the southerly property boundary of Parcel 18 295 01 031 to a point intersecting with the westerly property boundary of Parcel 18 295 01 036; Thence, approximately 47 feet along the westerly property boundary of Parcel 18 295 01 036 to a point intersecting with southerly property boundary of Parcel 18 295 01 036; Thence, approximately 479 feet along the southerly property boundary of Parcel 18 295 01 036 to a point of intersection of said Parcel, Parcel 18 295 01 034, and the westerly right-of-way property boundary of Interstate 285; Thence, southerly along the westerly right-of-way property boundary of Interstate 285 to its intersection with the northerly right-of-way property boundary of Interstate 85; Thence, southerly along the northerly property boundary of Interstate 85 to its intersection with the easterly right-of-way property boundary of Chestnut Drive; Thence, northerly along the easterly right-of-way property boundary of Chestnut Drive to the existing southerly municipal property boundary of the City of Doraville Thence, commencing northwesterly following the existing southerly municipal property boundary of the City of Doraville to its intersection with the centerline of Chamblee Tucker Road, and the centerline of Bagley Drive and the TRUE POINT OF BEGINNING."

SECTION 2. (a) Upon the effective date of this Act, the City of Doraville shall be authorized a freeport exemption upon such real property in the annexation areas described in this Act as existed for such properties, in the same exemption amounts, while they were still part of the unincorporated area of DeKalb County. Without limiting the generality of the foregoing, it is specifically provided that no petition, election, or other condition precedent which might otherwise be required under Title 48 of the O.C.G.A. to authorize such freeport exemption shall be required in order for such properties to continue receiving such exemption. (b) Upon signature of the Governor, or this Act becoming effective as otherwise provided by law, the annexation areas described in this Act shall be unavailable for further annexation and no other annexations affecting the annexation areas described in this Act shall be initiated by any annexation method under Chapter 36 of Title 36 of the O.C.G.A. unless and until the annexation is rejected by majority vote as provided in Section 3 of this Act and any annexation process affecting such annexation areas begun prior to the approval of this Act by the Governor or this Act becoming law without such approval shall, if not fully completed prior to such event, be null and void and of no effect.

GEORGIA LAWS 2014 SESSION

4319

SECTION 3. 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 Doraville under this Act for approval or rejection. The election superintendent shall conduct such election on the Tuesday after the first Monday in November, 2014, 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 Doraville?"
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 Section 1 and subsection (a) of Section 2 of this Act shall become effective on December 31, 2014, at 12:01 a.m. If more than one-half of the votes cast on such question are for rejection of the annexation or if the election is not held as provided in this section, then this Act shall automatically be repealed on the first day of December, 2014. The expense of such election shall be borne by the City of Doraville. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 4. Except as provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2014 session of the General Assembly of Georgia a bill to amend an Act incorporating the ++City of Doraville++, approved October 13, 1971 (Ga. L. 1971, Ex. Sess. p. 2154), as amended, so as to revise the boundaries of the City to annex particular parcels in unincorporated DeKalb County into the City of Doraville; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act; to repeal conflicting laws; and for other purposes.

4320

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

This 25th day of February, 2014

Representative Scott Holcomb District 81

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Scott Holcomb, who on oath deposes and says that he is the Representative from District 81 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on March 6, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ SCOTT HOLCOMB Scott Holcomb Representative, District 81

Sworn to and subscribed before me, this 10th day of March, 2014.

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

Approved April 29, 2014.

__________

HOME RULE ORDINANCES
OF COUNTIES
AND CONSOLIDATED GOVERNMENTS

GEORGIA LAWS 2014 SESSION

4323

FULTON COUNTY MILLAGE RATES; REPEAL LIMITATIONS ON SETTING.

ORDINANCE PURSUANT TO THE HOME RULE PROVISIONS OF THE GEORGIA CONSTITUTION REPEALING ACT 135 (HOUSE BILL 604) ADOPTED BY THE 2013 GEORGIA GENERAL ASSEMBLY

WHEREAS, in 2013 the Georgia General Assembly passed, and the Governor signed, Act 135 (House Bill 604), relating to the setting of millage rates by the Fulton County Board of Commissioners (a true and correct copy of Act 135 is attached hereto as Exhibit A); and

WHEREAS, Act 135 (HB 604) is a Local Act purporting to amend Section 3 of a 1991 Local Act (Ga. Laws 1991, p. 3506) 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; and

WHEREAS, the Fulton County Board of Commissioners has not raised its county-wide maintenance and operation millage rate since 1991; and

WHEREAS, during the recent economic downturn the Fulton County Board of Commissioners has substantially reduced the County's expenditures rather than raise the county-wide millage rate; and

WHEREAS, the Fulton County Board of Commissioners is in the best position to determine the financial requirements necessary to effectively operate Fulton County and provide services to the residents of Fulton County; and

WHEREAS, the Fulton County Board of Commissioners must have the ability to set the millage rate based on the operational and service needs of Fulton County and its residents; and

WHEREAS, Article 9, Section 4, Paragraph 1 of the Georgia Constitution provide that the governing authority of a county or municipality may exercise the power of taxation as authorized by the constitution or general law; and

4324

COUNTY HOME RULE ORDINANCES

WHEREAS, while Act 135 (HB 604) was purportedly enacted pursuant to a 1951 local constitutional amendment (Ga. Laws 1951, p. 874), this local constitutional amendment does not grant the General Assembly the authority to limit Fulton County's power to set ad valorem tax millage rates; and

WHEREAS, the Georgia Constitution prohibits the General Assembly from limiting a county's taxing powers via local legislation; and

WHEREAS, existing general law provides for the procedures to be used for computing, advertising and establishing a millage rate, and Act 135 (HB 604) violates the constitutional provision prohibiting local laws that conflict with general laws; and

WHEREAS, to the extent that Act 135 (HB 604) applies to all Fulton County millage rates, including the millage rate pledged to the payment of bonded indebtedness, Act 135 (HB 604) unconstitutionally impairs Fulton County's contractual obligations to bondholders; and

WHEREAS, for all of the above reasons, Act 135 (HB 604) unconstitutionally limits the Fulton County Board of Commissioners' ability to set its millage rates; and

WHEREAS, notwithstanding the General Assembly's lack of constitutional authority to enact Act 135 (HB 604), the Georgia Constitution also provides each county with the Home Rule authority to repeal or amend Local Acts such as Act 135 (HB 604) that are applicable to that county;

NOW, THEREFORE, BE IT ORDAINED, that, pursuant to Article 9, Section 2, Paragraph 1 (b) of the Georgia Constitution, the Fulton County Board of Commissioners hereby repeals in its entirety Act 135 (HB 604) enacted by the 2013 Georgia General Assembly.

BE IT FURTHER ORDAINED, that the Clerk to the Fulton County Board of Commissioners shall insure that this amendment is duly adopted at two regular consecutive meetings of the Board of Commissioners not less than seven nor more than sixty days apart; shall file a copy of the proposed repeal with the Clerk of the Superior Court of the County for the purpose of examination and inspection by the public; shall publish a notice containing a synopsis of this proposed repeal in the official county organ once a week for three weeks within a period of sixty days immediately preceding its final adoption (such notice shall state that a copy of the proposed repeal is on file in the office of the clerk of the superior court of the county for inspection by the public); and shall file with the Secretary of State of Georgia a copy of this Resolution as finally adopted along with the notice of publication and affidavit of publication.

GEORGIA LAWS 2014 SESSION

4325

BE IT FURTHER ORDAINED, that this repeal shall become effective upon adoption, and all ordinances and resolutions and parts thereof in conflict with this Ordinance are hereby repealed to the extent of the conflict.

SO ORDAINED, the 17th day of July, 2013 and the 19th day of June, 2013.

FULTON COUNTY BOARD OF COMMISSIONERS By: s/ JOHN H. EAVES John H. Eaves, Chairman District 1, At-Large

ATTEST:

APPROVED AS TO FORM:

s/ MARK MASSEY (SEAL) Mark Massey Clerk to the Commission

s/ LARRY W. RAMSEY, JR. Larry W. Ramsey, Jr. Interim County Attorney

EXHIBIT A

THE STATE OF GEORGIA (SEAL)
OFFICE OF SECRETARY OF STATE

I, Brian P. Kemp, Secretary of State of the State of Georgia, do hereby certify that the one page of photocopied matter hereto attached contains a true and correct copy of an Act approved by the Governor on May 06, 2013 numbered Act number 135 (H.B. 604); all as same appear of file and record in this office.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 13th day of May, in the year of our Lord Two Thousand and Thirteen and of the Independence of the United States of America the Two Hundred and Thirty-Seventh.

(SEAL)

s/ BRIAN P. KEMP Brian P. Kemp, Secretary of State

4326

COUNTY HOME RULE ORDINANCES

ENROLLMENT April 2, 2013 The Committee of the House of Information and Audits has examined the within and finds the same properly enrolled s/ BARBARA SIMS
Chairman
s/ DAVID RALSTON Speaker of the House
s/ ROBERT RIVERS JR. Clerk of the House
s/ CASEY CAGLE President of the Senate
s/ ROBERT F. EWING Secretary of the Senate
Received s/ CHRIS W. RILEY Secretary, Executive Department This 2nd day of April 2013

H.B. No. 604 Act No. 135 General (SEAL) Assembly
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.
IN HOUSE Read 1st time3-14-13 Read 2nd time 3-20-13 Read 3rd time 3-21-13
And Passed
Yeas 108 Nays 46
s/ ROBERT RIVERS JR. Clerk of the House
IN SENATE Read 1st time3-22-12 Read 2nd time 3-26-13 Read 3rd time 3-26-13

GEORGIA LAWS 2014 SESSION

4327

Approved s/ NATHAN DEAL Governor This 6th day of May 2013

And Passed Yeas 32 Nays 15
Passed Both Houses s/ ROBERT F. EWING Secretary of the Senate By: Reps. Jones of the 45th, Lindsey of the 54th, Geisinger of the 48th, and others

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:
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."

4328

COUNTY HOME RULE ORDINANCES

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

APPROVED May 6 2013 BY GOVERNOR

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

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)

CERTIFICATION

I, Mark Massey, the undersigned Clerk to the Commission of Fulton County, do hereby certify and declare that the attached is a true and correct copy of the ORDINANCE PURSUANT TO THE HOME RULE PROVISIONS OF THE GEORGIA CONSTITUTION REPEALING ACT 135 (HOUSE BILL 604) ADOPTED BY THE

GEORGIA LAWS 2014 SESSION

4329

2013 GEORGIA GENERAL ASSEMBLY, approved by the Board of Commissioners under Item #13-0456, at its Regular Meeting on July 17, 2013.

This 17th day of July, 2013.

s/ MARK MASSEY Mark Massey, Clerk to the Commission Fulton County Board of Commissioners (FULTON COUNTY SEAL)

STATE OF GEORGIA COUNTY OF FULTON

PUBLISHER'S AFFIDAVIT

Re: Ad #2108896/Public Notice Repealing Act 135 (House Bill 604)

Before me, the undersigned, a Notary Public, this day personally came Shay Holt who, being duly sworn, according to law, says she is an agent for the ALM, LLC publishers of the Daily Report, the official newspaper published in Atlanta, Georgia, in said county and state, and that the publication, of which is annexed is true copy, was published in said newspaper as provided by law on the following dates:

6/27/13, 7/3/13 & 7/10/13

s/ SHAY HOLT Agent of the Daily Report

Sworn to and subscribed before me this 11th day of July, 2013. s/ K. MOSLEY Notary Public (SEAL)

PUBLIC NOTICE

ORDINANCE PURSUANT TO THE HOME RULE PROVISIONS OF THE GEORGIA CONSTITUTION REPEALING ACT 135 (HOUSE BILL 604) ADOPTED BY THE 2013 GEORGIA GENERAL ASSEMBLY.

The Fulton County Board of Commissioners desires to repeal Act 135 (HB 604) which unconstitutionally limits Fulton County's ability to set its millage rate to effectively operate

4330

COUNTY HOME RULE ORDINANCES

Fulton County and provide services to the residents of Fulton County. The Fulton County Board of Commissioners purposes to strike the changes made by Act 135 (HB 604), which amends Section 3 of a 1991 Local Act (Ga. Laws 1991, p. 3506) by creating a new subsection (b.1) which reads as follows: "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." The Fulton County Board of Commissioners has not raised its county-wide maintenance and operation millage rate since 1991. During the recent economic downturn the Fulton County Board of Commissioners has substantially reduced the County's expenditures rather than raise the county-wide millage rate. The Fulton County Board of Commissioners is in the best position to determine the financial requirements necessary to effectively operate Fulton County and provide services to the residents of Fulton County. The Fulton County Board of Commissioners must have the ability to set the millage rate based on the operational and service needs of Fulton County and its residents. Article 9, Section 4, Paragraph 1 of the Georgia Constitution provides that the governing authority of a county or municipality may exercise the power of taxation as authorized by the constitution or general law. While Act 135 (HB 604) was purportedly enacted pursuant to a 1951 local constitutional amendment (Ga. Laws 1951, p. 874), this local constitutional amendment does not grant the General Assembly the authority to limit Fulton County's power to set ad valorem tax millage rates. In fact, the Georgia Constitution prohibits the General Assembly from limiting a county's taxing powers via local legislation. Existing general law provides for the procedures to be used for computing, advertising and establishing a millage rate, and Act 135 (HB 604) violates the constitutional provision prohibiting local laws that conflict with general laws. To the extent that Act 135 (HB 604) applies to all Fulton County millage rates, including the millage rate pledged to the payment of bonded indebtedness, Act 135 (HB 604) unconstitutionally impairs Fulton County's contractual obligations to bondholders. Notwithstanding the General Assembly's lack of constitutional authority to enact Act 135 (HB 604), the Georgia Constitution also provides each county with the Home Rule authority to repeal or amend Local Acts such as Act 135 (HB 604) that are applicable to that county. THEREFORE, pursuant to Article 9, Section 2, Paragraph 1 (b) of the Georgia Constitution, the Fulton County Board of Commissioners proposes to repeal in its entirety Act 135 (HB 604) enacted by the 2013 Georgia General Assembly. A copy of the proposed ordinance is on file in the Office of the Clerk of the Superior Court of Fulton County, 136 Pryor Street, Atlanta Georgia 30303 for purposes of examination and inspection by the public.

GEORGIA LAWS 2014 SESSION

4331

Filed in the Office of the Secretary of State July 17, 2013. __________

FORSYTH COUNTY COUNTY MANAGER; BONDS; MEETINGS; CLERK; JURISDICTION, POWERS, AND DUTIES OF COMMISSION; MINUTES;
PURCHASING; CONFLICTS OF INTEREST; AUDITS; CHAIRMAN'S DUTIES; ROADS AND RIGHT OF WAYS.

FORSYTH COUNTY BOARD OF COMMISSIONERS

A RESOLUTION BY THE BOARD OF COMMISSIONERS OF FORSYTH COUNTY, GEORGIA MODIFYING THE LOCAL ACT CREATING THE BOARD OF COMMISSIONERS AND PROVIDING FOR CERTAIN REQUIREMENTS AND AUTHORIZATIONS RELATED THERETO.

WHEREAS, the Constitution of the State of Georgia, approved by the voters of the State in November of 1982, and effective July 1, 1983, provides in Article IX, Section II, Paragraph I thereof, that the governing authority of the County may adopt clearly reasonable ordinances, resolutions and regulations; and
WHEREAS, the Constitution of the State of Georgia, approved by the voters of the State in November of 1982, and effective July 1, 1983, specifically provides in Article IX, Section II, Paragraph I, Subparagraph (b)(l) thereof, that the governing authority of the County may by resolution amend local acts applicable to the governing authority; and
WHEREAS, the governing authority desires to amend the Act creating the board of commissioners of Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended (the "Act"), so as to update the Act to reflect the current state of the County governance, make certain other updates and corrections as deemed necessary by the Board of Commissioners, repeal conflicting laws, and for other purposes; and
WHEREAS, the Georgia Constitution, Article IX, Sec. II, Par. I, entitled "Home Rule for Counties," authorizes amendments to local acts of the General Assembly by a resolution or ordinance duly adopted by the county governing authority under certain conditions after due notice has been published in the official organ of the county, and upon satisfaction and compliance with additional conditions and requirements as set forth in the Georgia Constitution; and
WHEREAS, those requirements applicable to amendments to local acts of the General Assembly by a resolution or ordinance duly adopted by the county governing authority as set forth in the Georgia Constitution, Article IX, Sec. II, Par. I(b)(l) have been met and satisfied, and, specifically, notice of the consideration of this Resolution has been advertised and this Resolution has been duly adopted by the governing authority at two regularly consecutive meetings in compliance with the Constitution of the State of Georgia, Article IX, Section II, Paragraph I, Subparagraph (b)(1); and

4332

COUNTY HOME RULE ORDINANCES

WHEREAS, a majority of the Board of Commissioners deem it to be in the best interests of the citizens of Forsyth County that the Act be further amended; and
NOW THEREFOR, IT IS HEREBY RESOLVED by the Board of Commissioners of Forsyth County that Sections 3, 5, 6, 7, 8, 11, 12, 12.1, 13, 14, 15, 16, 18, 19, 21, 23 and 25 of the Act be stricken in their entirety and replaced with the following:

1.

Section 3 is amended by striking it in its entirety and replacing it with a new Section 3 to read as follows:

"SECTION 3.

The board is hereby empowered and authorized to employ and engage the services of a county manager. The qualifications for such office shall be determined by the board. The salary of said county manager shall be fixed by the board. Said manager shall perform any and all duties as directed by the board."

2.

Section 5 is amended by striking it in its entirety and replacing it with a new Section 5 to read as follows:

"SECTION 5.

The members of the board, before entering upon their duties, shall give bond to be signed by a surety company authorized to do business in this State, to be approved by the judge of the probate court of said county, in the sum of $25,000, payable to the Probate Court of Forsyth County, conditioned upon the faithful performance of their duties carrying out the conditions thereof. The cost of such bond shall be paid by Forsyth County."

3.

Section 6 is amended by striking it in its entirety and replacing it with a new Section 6 to read as follows:

"SECTION 6.

The chairman and commissioners, before entering upon the duties of their offices, shall individually subscribe before the ordinary of Forsyth County the following oath, viz: 'I do solemnly swear I will faithfully and impartially perform my duties as a member of the

GEORGIA LAWS 2014 SESSION

4333

board of commissioners of Forsyth County during my continuance in office to the best of my skill and knowledge and to the best interests of Forsyth County. I further swear that I am not the holder of any public funds unaccounted for, so help me God.'"

4.

Section 7 is amended by striking it in its entirety and replacing it with a new Section 7 to read as follows:

"SECTION 7.

The salary, compensation, expenses, and expenses in the nature of compensation payable to the Forsyth County Board of Commissioners is established and may be amended from time to time in accord with the procedures established in Code Section 36-5-24 of the O.C.G.A."

5.

Section 8 is amended by striking it in its entirety and replacing it with a new Section 8 to read as follows:

"SECTION 8.

The board shall hold a regular business meeting on the first and third Thursday in each month. The board may have as many other meetings as deemed necessary for the transaction of official business, and such meetings shall be called pursuant to the rules and procedures adopted by the board on a year-to-year basis."

6.

Section 11 is amended by striking it in its entirety and replacing it with a new Section 11 to read as follows:

"SECTION 11.

The board is hereby empowered and authorized to employ and engage the services of a clerk. The salary of said clerk shall be established pursuant to the Forsyth County personnel policies and otherwise at the discretion of the board. Said clerk shall perform any and all duties as directed by the board, keep all records, and generally do and perform all other clerical or other duties as he may be directed by the board. He shall not be vested with any judicial powers or duties and shall perform his duties as directed by the board."

4334

COUNTY HOME RULE ORDINANCES

7.

Section 12 is amended by striking it in its entirety and replacing it with a new Section 12 to read as follows:

"SECTION 12.

The board shall have exclusive jurisdiction and control over the following matters: in directing, controlling, and caring for all property of the county, according to law; in levying taxes for county purposes, according to law; in establishing, altering, or abolishing public roads, bridges, ferries, in conformity to law; in establishing, abolishing, or changing election precincts and militia districts, according to law; in supervising the tax commissioner's books and allowing the insolvent list of said county, according to law; in examining, settling, and allowing all claims against the county, according to law; in examining and auditing all claims and accounts, of officers having the care, management, keeping, collecting, or disbursement of money belonging to the county or appropriated for its use and benefit and bringing them to a settlement and especially in the board charged with frequently examining and auditing the books of the county treasury or depository, the tax commissioner, the sheriff, and other officers of said county through whose hands county funds pass, and this may be done by the board or through certified accountants or bookkeepers employed for the purpose, and he or they may require from all such officers, subject to examination, such reports as may be necessary to keep said board fully informed at all times of the financial condition of the county; in controlling, calling for, and managing the convicts of the county, according to law; in making rules and regulations and provisions for the support of the poor of the county, according to law; in promoting and preserving the public health of the county with the authority to quarantine against contagious diseases and epidemics, according to law; in regulating and fixing license fees as authorized by law; and generally to have and exercise all powers heretofore vested in the board or ordinary of said county when sitting for county purposes, and to exercise such other powers as are granted by law, or as may be indispensable to the jurisdiction over county matters or county finances; and shall be authorized to promulgate policies regarding minor officers or employees of the county. Such policies shall set forth rules and regulations regarding suspension and termination."

8.

Section 12.1 is amended by striking it in its entirety and replacing it with a new Section 12.1 to read as follows:

GEORGIA LAWS 2014 SESSION

4335

"SECTION 12.1.

(a) The Board of Commissioners of Forsyth County is hereby delegated the police powers of the State with respect to persons and property situated within the County of Forsyth, except with respect to those persons or property situated within the territorial limits of any municipality in such county, and in the exercise of such powers is expressly authorized and empowered to make and establish by ordinance or resolution such rules and regulations respecting persons or property and all other matters and things affecting the good government of the county as it shall deem requisite and proper for the security, welfare, health, and convenience of said county and for the preservation of the peace and good order of the same; provided, such ordinance or resolution shall be designated as such and shall be subject to two (2) public hearings on two (2) consecutive public hearing calendars of the Forsyth County Board of Commissioners before said ordinance or resolution shall constitute a legal basis for the prosecution of any such violator under said subsection (b). (b) Any person, firm, or corporation violating any rule, regulation, ordinance, or resolution made by said board of commissioners and established pursuant to the powers authorized by subsection (a) of this Section shall be guilty of a code violation and, upon conviction of same, shall be punished in accord with O.C.G.A. 36-1-20. (c) The powers herein conferred are not to be construed as exhaustive of or in conflict with other powers heretofore conferred upon the Board of Commissioners of Forsyth County but, on the contrary, shall be construed as cumulative and in aid of such other powers."

9.

Section 13 is amended by striking it in its entirety and replacing it with a new Section 13 to read as follows:

"SECTION 13.

The board, or the board's designee, shall keep a proper and accurate book of minutes, wherein shall appear all orders and proceedings had and passed with reference to county matters and accurate financial records in accord with the laws of the State of Georgia and any locally adopted purchasing, accounting, financing or audit procedures."

10.

Section 14 is amended by striking it in its entirety and replacing it with a new Section 14 to read as follows:

4336

COUNTY HOME RULE ORDINANCES

"SECTION 14.

The Board of Commissioners of Forsyth County is designated as the purchasing agent for Forsyth County. The Board or its designee shall receive bids and/or requests for proposals and authorize the purchase of material, supplies, or equipment in accord with the requirements of controlling State law or any purchasing policies approved by the Forsyth County Board of Commissioners or its designee so long as such policies do not offend State law."

11.

Section 15 is amended by striking it in its entirety and replacing it with a new Section 15 to read as follows:

"SECTION 15.

It shall be unlawful for any candidate for or member of the board of commissioners of Forsyth County to enter into any agreement or understanding with any person or persons as to the disposal of any work, the purchase of any supplies, or any appointment which is or may be under the control of said board. Any person, as a candidate or member so offending, shall be ineligible to hold said office and, upon conviction or finding of guilt concerning any such act, shall be punished as provided in Section 12.l(b) of this Act."

12.

Section16 is amended by striking it in its entirety and replacing it with a new Section 16 to read as follows:

"SECTION 16.

It shall be unlawful for the board to enter into any contract involving services or property with any person or persons related to any member of the board by blood or marriage as a spouse, child, parent, brother, or sister or with any business entity in which a member of the board has an interest, except consistent with the disclosure and abstention provisions set forth in the Forsyth County Code."

13.

Section 18 is amended by striking it in its entirety and replacing it with a new Section 18 to read as follows:

GEORGIA LAWS 2014 SESSION

4337

"SECTION 18.

The board shall have prepared annually by a certified public accountant an audit of the financial affairs and transactions of all funds and activities of the county for each fiscal year in accord with O.C.G.A. 36-81-7, which audit shall be forwarded to the state auditor within 180 days after the close of the county's fiscal year and a copy of which shall be maintained as a public record for public inspection during the regular office hours of the county."

14.

Section 19 is amended by striking it in its entirety and replacing it with a new Section 19 to read as follows:

"SECTION 19.

The chairman shall hold such office hours as he may reasonably determine necessary to fulfill the responsibilities of his office and otherwise shall devote as much time to his office as the duties of the office require."

15.

Section 21 is amended by striking it in its entirety and replacing it with a new Section 21 to read as follows:

"SECTION 21.

The board shall conduct and transact all necessary business with the Georgia Department of Transportation and the office of the Federal Highway Administration as is necessary to effectuate the good purposes of roads and right of ways."

16.

Section 23 is amended by striking it in its entirety and replacing it with a new Section 23 to read as follows:

"SECTION 23.

The provisions of this Act and any amendment thereto shall become effective in accordance with governing law."

4338

COUNTY HOME RULE ORDINANCES

17.

Section 25 is amended by striking it in its entirety and replacing it with a new Section 25 to read as follows:

"SECTION 25.

An Act creating a board of commissioners for Forsyth County, Georgia, approved August 18, 1943 (Ga. L. 1943, p. 965), as amended by an Act approved February 15, 1952 (Ga. L. 1952, p. 2570), an Act approved March 18, 1957 (Ga. L. 1957, p. 3351), an Act approved March 17, 1958 (Ga. L. 1958, p. 2435), and an Act approved March 4, 1961 (Ga. L. 1961, p. 2250), is hereby repealed in its entirety."

SEVERABILITY

If any portion of this Resolution and Ordinance or the application thereof shall be held invalid or unconstitutional, the other provisions of this Resolution and Ordinance shall not be affected, and thus, the provisions of this Resolution and Ordinance are declared severable.

REPEALER

Any other Ordinance, Resolution, or local law, or portion thereof, now in effect, that is in conflict with any of the provisions of this Resolution and Ordinance, is hereby repealed.

EFFECTIVE DATE

This Resolution and Ordinance shall become effective when all required documents have been filed with the Secretary of State as required by the Georgia Constitution, Article IX, Sec. II, Par. I(g).

ADOPTION AT TWO CONSECUTIVE MEETINGS

This Resolution and Ordinance was adopted at two (2) regular consecutive meetings of the Forsyth County Board of Commissioners held on September 5, 2013 and September 19, 2013, as required by the Georgia Constitution, Article IX, Sec. II, Par. I(b)(1).

BE IT SO RESOLVED, this 19th day of September, 2013.

GEORGIA LAWS 2014 SESSION

4339

FORSYTH COUNTY BOARD OF COMMISSIONERS

s/ R. J. Amos R.J. (Pete) Amos, Chairman

s/ JIM BOFF Jim Boff, Vice Chairman

s/ BRIAN R. TAM Brian R. Tam, Secretary

s/ TODD LEVENT Todd Levent, Member

Attest:

s/ CINDY JONES MILLS Cindy Jones Mills, Member

s/ SONYA BUSH Sonya Bush, Clerk

AFFIDAVIT OF PUBLICATION

STATE OF GEORGIA COUNTY OF FORSYTH

Before me, the undersigned a Notary Public, this day came Sebrena Powell, who being duly sworn, according to law, says she is the Office Manager of the FORSYTH COUNTY NEWS, the official newspaper in which the Sheriff's advertisements in and for said County are published, and a Newspaper of general circulation and that a NOTICE OF PUBLICATION RE: NOTICE OF CONSIDERATION OF AMENDMENTS TO LOCAL ACTS was published 4 time(s) on the dates of AUGUST 28, SEPTEMBER 4, 11, 18, 2013 (Ref. L500).

s/ SEBRENA POWELL SEBRENA POWELL

4340

COUNTY HOME RULE ORDINANCES

Subscribed and sworn to before me this 18th day of SEPTEMBER, 2013.

s/ LORI M. DRENNEN NOTARY PUBLIC (seal)

NOTICE OF CONSIDERATION OF AMENDMENTS TO LOCAL
ACTS

Re Proposed Amendments to the Local Acts Applicable to the Forsyth County, Georgia Board of Commissioners.

Notice is hereby given that the Board of Commissioners of Forsyth County, Georgia will consider amendments to Sections 3, 5, 6, 7, 8, 11, 12, 12.1, 13, 14, 15, 16, 18, 19, 21, 23 and 25 of the Act creating the board of commissioners of Forsyth County, approved June 30, 1964 (Ga. L. 1984, Ex. Sess. p. 2225), as amended (the "Act"), pursuant to the Georgia Constitution, Article IX, Sec. II, Par. I, at the Board's regular meetings on September 5, 2013 and September 19, 2013 at 5:00 p.m. in Suite 220 of the County Administration Building, 110 E. Main Street, Cumming, Georgia 30040. The proposed modifications to the Act are 1) modification updating the title of county manager, 2) modification updating the bond requirements of the county manager, members of the Board of Commissioners and the clerk, 3) modification updating references to the Board of Commissioners so as not to be called the Board of Commissioners of Roads and Revenues, 4) modification to update terms related to salary, compensation, expenses, and expenses in the nature of compensation payable to the Board of Commissioners to be in accord with O.C.G.A. 36-5-24 and actions previously taken by the Board pursuant thereto, 5) modification to update requirements related to regular meetings of the Board of Commissioners, 6) modification to update the salary and duties of the clerk, 7) modification to update the powers of the Board of Commissioners generally, 8) modification of the police powers held by the Board of Commissioners and procedures related thereto, 9) modification to update requirements related to county record keeping, 10) modification to update purchasing agent and purchasing procedure requirements, 11) modification to provisions related to unlawful contracts by candidates for or members of the Board of Commissioners for work or goods or appointment that is under the control of said Board, 12) modification to provisions related to unlawful contracts by the Board involving services or property with anyone related to any member of the Board involving services or property with anyone related to any member of the Board by blood or marriage, 13) modification of requirements related to annual financial audits for each fiscal year in accord with O.C.G.A. 36-81-7, 14) modification to the office location and hours maintained by the Chairman of the Board of Commissioners, 15) modification to update the County's required contact with certain state and federal agencies, and 16) modification updating the

GEORGIA LAWS 2014 SESSION

4341

affective date of the Act and amendments thereto. Copies of the proposed amendments are on file, and available for the purposes of examination and inspection by the public in the Office of the Clerk of Superior Court of Forsyth County.

Board of Commissioners of Forsyth County, Georgia

Filed in the Office of the Secretary of State October 21, 2013. __________

TROUP COUNTY COUNTY MANAGER. AN

#2014-03

ORDINANCE

OF THE BOARD OF COMMISSIONERS OF TROUP COUNTY

UNDER THE HOME RULE PROVISIONS FOR COUNTIES AS SET FORTH IN ARTICLE IX, SECTION II, PARAGRAPH 1 OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1983, AS AMENDED; TO AMEND AN ACT OF THE GENERAL ASSEMBLY OF GEORGIA ENTITLED "TROUP COUNTY BOARD OF COMMISSIONERS OF ROADS AND REVENUES" GA. LAWS 1958, P. 3068, AS AMENDED; TO PROVIDE FOR COUNTY ADMINISTRATION THROUGH THE OFFICE AND DUTIES OF THE TROUP COUNTY MANAGER; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES.

WHEREAS, the Board of Commissioners was formed by an Act adopted and approved by The Georgia General Assembly on March 25, 1958 (Ga. L. 1958, p. 3068), as amended; and

WHEREAS, the Act provides for the operation and administration of county government and procedures relative thereto; and

WHEREAS, the Board operates under the county manager form of government and wishes to further clarify, delineate and specify the duties, powers and responsibilities of the office of county manager pursuant to its legislative authority to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs and local government as provided by Article IX, Section II, paragraph 1(a), (f) and by O.C.G.A. 36-5-22; and

4342

COUNTY HOME RULE ORDINANCES

WHEREAS, Article IX, Section II, Paragraph (b)(1) of the Constitution of 1983 further provides that the governing authority may, as an incident of its home rule power, amend or repeal local acts applicable to matters within its governing authority;

NOW THEREFORE, be it resolved by the authority of the Board of Commissioners of Troup County as follows:

SECTION 1.

An Act creating a Board of Commissioners for Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, is further amended by the inclusion of the following new Section 6.1 to follow Section 6:

"Section 6.1. County Manager.

(a) There is hereby created the office of county manager. The county manager shall be appointed by a majority of the members of the board of commissioners. No member of the board shall be appointed county manager or acting county manager during the term of office for which such member was elected or for a period of one year thereafter. (b) The compensation of the county manager shall be initially fixed by the board of commissioners. Thereafter, the chairman of the board of commissioners shall conduct periodic performance evaluations of the county manager, report upon the same to the board, and, unless otherwise determined by the board, may make adjustments to the county manager's compensation. (c) The county manager shall be chosen by the board of commissioners solely upon the basis of the person's executive and administrative qualifications, with special reference to the person's actual experience in, or knowledge of, accepted practices in respect to the duties of the office as set forth in Section 6.1(d). (d) The county manager shall be the head of the administrative branch of the county government. Such manager shall be responsible to the board of commissioners for the proper administration of all affairs of the county, except as otherwise provided by law. Specific duties, powers and responsibilities shall be as follows:
(1) To appoint, hire, engage, enter into employment contracts, remove and provide for the terms and conditions of severance incidental to employment separation, and discipline all officers, and employees of the county whom the board of commissioners has been heretofore empowered to appoint and discharge, except the county attorney, county physician and county auditor, whose employment and service shall be determined by the board of commissioners. (2) To see that all ordinances, resolutions and regulations adopted by the board are enforced and duly carried out in accordance with the directions of the board.

GEORGIA LAWS 2014 SESSION

4343

(3) To exercise administrative control over all departments or divisions of the county over which the board or manager has heretofore exercised such control, or that may hereafter be created. (4) To attend all meetings of the board of commissioners, except those executive sessions dealing with the county manager's employment, with the right to take part in the discussion; provided such manager shall have no vote before the board. (5) To examine at regular intervals, not to exceed 30 days, the accounts, records and operations of the office of the board of commissioners and to keep the board advised of the financial condition and future needs of the county and to make such recommendations on the financial planning of the county as such manager deems necessary for the efficient operation of the county. (6) To prepare and submit to the board of commissioners an annual budget. (7) To appear before the board at any time the board requires to make such reports as the board deems necessary. (8) To execute and deliver a good and sufficient bond, payable to the commissioners, to be approved by the board, conditioned upon the faithful performance of such manager's duties, the amount therefor to be determined by the board. This requirement may be satisfied by inclusion of the county manager within the coverage of any blanket bond issued to Troup County as authorized by O.C.G.A. 45-4-11 with coverage of no less than $100,000.00. (9) To make or provide for the purchases of goods and services on behalf of the county as provided in Section 15. (10) To confer with and assist other public agencies, such as the county health department, department of family and children services and other agencies, whose missions are not under the direct control and supervision of the board of commissioners, but who may depend upon appropriations of the board for their continued operation. (11) To recommend compensation which is not preempted by state law of county employees lawfully employed by the county government and to implement such compensation as may be approved in the county budget. (12) To act as a liaison between the board of commissioners and the department heads or employees of the county. (13) To see all legislation, programs, regulations or plans promulgated and required by the state or federal government are duly carried out and complied with in accordance with such legislation, programs, regulations and plans. (14) To devote his or her full time to the office and hold no other office or employment while so engaged. (15) To perform such other duties as may be required of such manager by the board of commissioners. (e) The county manager may be removed by a majority vote of the board of commissioners; provided, however, that at least 30 days before such removal shall become effective, the board of commissioners shall, by majority vote, adopt a preliminary

4344

COUNTY HOME RULE ORDINANCES

resolution stating the reasons for removal. The county manager may, within ten days, reply in writing to the preliminary resolution listing the reasons for removal and also request a hearing before the board. After such hearing, if one is requested, and after full consideration, the board of commissioners may terminate such manager's duties, and, unless otherwise provided by way of written employment agreement, shall cause to be paid to such person, forthwith, any unpaid balance of salary for the next three calendar months following adoption of the preliminary resolution, at such manager's current rate of compensation. (f) The board of commissioners may designate some qualified person to act as temporary or interim county manager in the extended absence (more than 30 calendar days) of the county manager, provided that in the absence of a person acting as county manager, or temporary or interim county manager, the chairman of the board shall be vested with all the rights, duties and authority of the county manager."

SECTION 2.

Said Act is further amended by striking Section 15 and inserting in its place a new Section 15 to read as follows:

"Section 15. Purchases and Contracts.

(a) The Board of Commissioners shall make all purchases on the basis of competitive bids when, in its discretion, it deems it practicable to do so or when required by state law of general application. (b) The county manager shall be authorized to execute any contract for the purchase of goods and/or services on behalf of the board; provided, however, that in no event shall the county manager be authorized to make any purchase or enter into any contract, other than an employment contract, expending in excess of $25,000.00 without the prior consent of a majority of the duly qualified members of the board of commissioners."

SECTION 3.

Any resolution, ordinance, rule, regulation or other instruction, previously approved by the Board of Commissioners or any other agency of Troup County which is inconsistent with the provisions of this Ordinance is repealed, revoked and shall be of no further force and effect upon the effective date of this Ordinance; but it is hereby provided that any resolution or law, which may be applicable hereto and aid in carrying out and making effective the intent, purpose and provisions hereof, which shall be liberally construed to be in favor of Troup County, is hereby adopted as a part hereof.

GEORGIA LAWS 2014 SESSION

4345

SECTION 4.

If any paragraph, sub-paragraph, sentence, clause, phrase or any portion of this Ordinance shall be declared invalid or unconstitutional by any court of 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 Board of Commissioners to provide for severable and divisible parts, and it does hereby adopt any and all parts hereof as may not be held invalid for any reason.

SECTION 5.

This Ordinance shall become effective immediately upon its having been approved by the Board of Commissioners of Troup County at two (2) regular consecutive meetings, which meetings shall not be less than seven (7) nor more than sixty (60) days apart.

ADOPTED this 7th day of January 2014.

Attest: s/ G. S. TURK G. S. Turk, Clerk

s/ RICHARD C. WOLFE Richard C. Wolfe, Chairman

PUBLIC NOTICE

The public is hereby notified that the Board of Commissioners of Troup County, Georgia, at its regular meeting on December 17, 2013 at 9:00 a.m. and at its next regular meeting on January 7, 2014 at 9:00 a.m. will consider the following:

AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF TROUP COUNTY UNDER THE HOME RULE PROVISIONS FOR COUNTIES AS SET FORTH IN ARTICLE IX, SECTION II, PARAGRAPH 1 OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1983, AS AMENDED; TO AMEND AN ACT OF THE GENERAL ASSEMBLY OF GEORGIA ENTITLED "TROUP COUNTY - BOARD OF COMMISSIONERS OF ROADS AND REVENUES" GA. LAWS 1958, P. 3068, AS AMENDED; TO PROVIDE FOR COUNTY ADMINISTRATION THROUGH THE OFFICE AND DUTIES OF THE TROUP COUNTY MANAGER; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES.

4346

COUNTY HOME RULE ORDINANCES

The meetings will take place at the board's regular meeting place, Troup County Government Center, 100 Ridley Avenue, LaGrange, Georgia 30240.

The public is hereby further notified that in order to carry out the provisions of said Ordinance, it is necessary for the Board of Commissioners of Troup County, Georgia to adopt said Ordinance at two consecutive meetings held not less than seven (7) or more than sixty (60) days apart, with Ordinance specifically states the changes to be made to the original Act, the authority to amend the original Act having been granted pursuant to the Home Rule Provisions for Counties of the Constitution of the State of Georgia of 1983, Article IX, Section II, Paragraph I.

The public is further notified that a copy of the said Ordinance has been filed with the Clerk of the Superior Court of Troup County, Georgia, Troup County Government Center, 100 Ridley Avenue, LaGrange, Georgia 30240, and is available for examination and inspection by the public, and the Clerk of the Superior Court will furnish anyone, upon written request, a copy thereof.

This 17 day of December, 2013.

s/ RICHARD C. WOLFE Richard C. Wolfe, Chairman Troup County Board of Commissioners

CLERK'S CERTIFICATE

I, the undersigned Clerk of the Board of Commissioners of Troup County, Georgia, as keeper of the records and seal thereof, hereby certify that the foregoing is a true and correct copy of Ordinance # 2014-03 adopted by the Board of Commissioners of Troup County, Georgia, on January 7, 2014, at a meeting which was duly called and assembled and open to the public, and at which a quorum was present and acting throughout. The resolution has not been modified, repealed, revoked, or rescinded as of the date hereof.
Given under my hand and the seal of Troup County, Georgia, this 8th day of Janaury, 2014.

s/ G. S. TURK G. S. Turk Clerk, Board of Commissioners of Troup County, Georgia

GEORGIA LAWS 2014 SESSION

4347

Affidavit of Publisher of Newspaper

Georgia, Troup County

Before me personally appeared Karen Brown who being duly sworn, depose and says that he is the Authorized Agent of The LaGrange Daily News, and that the same is a public gazette published in the city of LaGrange, in Troup County, Georgia. It is the newspaper in which is published the Sheriff's sales of said County of Troup in said State.

Deponent further saith that the following notice attached hereto:

PUBLIC NOTICE

The public is hereby notified that the Board of Commissioners of Troup County, Georgia, at its regular meeting on December 17, 2013 at 9:00 a.m. and at its next regular meeting on January 7, 2013 at 9:00 a.m. will consider the following AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF TROUP COUNTY UNDER THE HOME RULE PROVISIONS FOR COUNTIES AS SET FORTH IN ARTICLE IX, SECTION II, PARAGRAPH 1 OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1983, AS AMENDED; TO AMEND AN ACT OF THE GENERAL ASSEMBLY OF GEORGIA ENTITLED "TROUPCOUNTY - BOARD OF COMMISSIONERS OF ROADS AND REVENUES" GA. LAWS 1958, P. 3068, AS AMENDED; TO PROVIDE FOR COUNTY ADMINISTRATION THROUGH THE OFFICE AND DUTIES OF THE TROUP COUNTY MANAGER; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. The meetings will take place at the board's regular meeting place, Troup County Government Center, 100 Ridley Avenue, LaGrange, Georgia 30240. The public is hereby further notified that in order to carry out the provisions of said Ordinance, it is necessary for the Board of Commissioners of Troup County, Georgia to adopt said Ordinance at two consecutive meetings held not less than seven (7) or more than sixty (60) days apart, with Ordinance specifically states the changes to be made to the original Act, the authority to amend the original Act having been granted pursuant to the Home Rule Provisions for Counties of the Constitution of the State of Georgia of 1983, Article IX, Section II, Paragraph I. The public is further notified that a copy of the said Ordinance has been filed with the Clerk of the Superior Court of Troup County, Georgia, Troup County Government Center, 100 Ridley Avenue, LaGrange, Georgia 30240, and is available for examination and inspection by the public, and the Clerk of the Superior Court will furnish anyone, upon written request, a copy thereof.

4348

COUNTY HOME RULE ORDINANCES

This 13th day of December, 2013.

Richard C. Wolfe, Chairman Troup County Board of Commissions

Has been published in said LaGrange Daily News, to-whit: 12/17 2013 12/24 2013 12/31 2013 ____ 20__ ____ 20__ _____ 20__ being 3 publications of said notice and petition, aforesaid respectively.

s/ KAREN BROWN Authorized Agent

Sworn and subscribed before me this 31st day of December 2013

s/ MARIAN E. BROWN Notary Public, Troup County OFFICIAL SEAL MARIAN E. BROWN Notary Public, Georgia TROUP COUNTY My Commission Expires July 28, 2015

Filed in the Office of the Secretary of State January 16, 2014. __________

HOME RULE ORDINANCES
OF MUNICIPAL CORPORATIONS

4350

COUNTY HOME RULE ORDINANCES

GEORGIA LAWS 2014 SESSION

4351

CITY OF ALBANY REVISE WARD BOUNDARY DESCRIPTIONS.

13-111

AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING THE METES AND BOUNDS DESCRIPTIONS FOR WARDS 1 AND 2; 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, it was recently discovered that the metes and bounds description for Ward 2 did not "close"; and

WHEREAS, it would more accurately describe Ward 1 to make reference to North Maple Street; and

WHEREAS, said amendments to the City Charter can be made 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

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 descriptions of Wards 1 and 2, as contained in Paragraph Two of Section 2 of the Charter of the City of Albany, Georgia, as amended, shall hereinafter read as follows:

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 North Maple Street, proceed north on North Maple Street for 8,625 feet, more or less, to the intersection of North Maple Street and Cromartie Beach Drive. From the intersection of North 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, more or less, to a point where the city limit

4352

MUNICIPAL HOME RULE ORDINANCES

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,

GEORGIA LAWS 2014 SESSION

4353

parallel to Moultrie Road, for 1,358 feet, more or less, to a point on the east right-of-way for Georgia 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, 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 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

4354

MUNICIPAL HOME RULE ORDINANCES

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 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 North Maple Street for 8,625 feet, more or less, to the intersection of North 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 southern bank of Lake Chehaw, 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

GEORGIA LAWS 2014 SESSION

4355

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, 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 Oglethorpe 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. From the point where East Oglethorpe Boulevard intersects the eastern most line of the Georgia Florida Railnet, proceed in a northwesterly direction along Georgia Florida Railnet for 1,919 feet, more or less, to the point where the centerline of the Georgia Florida Railnet intersects the centerline of East Broad Avenue. From the point where the centerline of the Georgia Florida Railnet intersects the centerline of East Broad Avenue, continue 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, follow Old Blaylock Lane north then around a curve to the northeast, for 1,045 feet, more or less, to the intersection of Old Blalock Lane and Blaylock Street. From the intersection of Old Blalock Lane and Blaylock Street, continue in a generally northerly direction on Blaylock Street for 270 feet, more or less, to the intersection of Blaylock Street with Clark Avenue. From the intersection of Blaylock Street with Clark Avenue, proceed east along Clark Avenue for 2,851 feet, more or less, to its intersection with North Maple Street, which, is also the point of beginning.

SECTION 2. 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

4356

MUNICIPAL HOME RULE ORDINANCES

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 3. 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 "A" 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.

SECTION 4. 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 5. 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 6. All Ordinances, or parts of Ordinances, in conflict herewith are repealed.

ATTEST:

s/ DOROTHY HUBBARD MAYOR

s/ SONJA TOLBERT CITY CLERK

Adopted: February 26, 2013 first reading March 26, 2013 - 2nd reading

Introduced By Commissioner: s/ CHRISTOPHER PIKE Date(s) read: Mar 26, 2013

I hereby certify that this is a true and correct copy.

s/ SISSY KELLY City Clerk, Asst. Albany, GA

4-3-2103 DATE

GEORGIA LAWS 2014 SESSION

4357

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 Intent to Amend Charter

SERVICE BY PUBLICATION, a True Copy of which is affixed hereto, was published in

the Albany Herald in all its editions for

March 5, 12, 19

2013

s/ AMBER HANCOCK Amber Hancock Classified Manager

Sworn to and subscribed before me at Albany, Georgia this 15 Day of April, 2013

s/ WHITNEY WINGATE Notary Public (SEAL)

NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF ALBANY, GEORGIA
BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965"

Notice is hereby given that an ordinance was introduced on February 26, 2013, and will be read for final adoption on March 26, 2013, 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 amend the metes and bounds descriptions for Wards 1 and 2.

4358

MUNICIPAL HOME RULE ORDINANCES

A copy of this proposed amendment to the Charter of the City of Albany, Georgia is on file in the office of the Superior Court of Dougherty County, Georgia, for the purpose of examination and inspection by the public, all as required by law.

This 5th day of March. 2013, C. Nathan Davis City Attorney
City of Albany, Georgia 201 W. Oglethorpe Blvd., Suite 355
Albany, GA 31701 229.431.2805
March 5, March 12, and March 19, 2013

Filed in the Office of the Secretary of State June 14, 2013. __________

CITY OF HOLLY SPRINGS CORPORATE BOUNDARIES; MAP; POWERS; ORGANIZATIONAL MEETINGS; ORDINANCES; TAX COLLECTOR; MUNICIPAL COURT JURISDICTION.

ORDINANCE NO. 2013-01

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF HOLLY SPRINGS, GEORGIA, AS AMENDED, TO AMEND SECTION 1.02. - CORPORATE BOUNDARIES; TO AMEND SECTION 1.04. - EXAMPLES OF POWER(S); ARTICLE I - CREATION, CORPORATION, POWERS; TO AMEND SECTION 2.11ORGANIZATION MEETING; TO AMEND SECTION 2.19 - SIGNING; AUTHENTICATING; RECORDING; CODIFICATION; PRINTING; ARTICLE II - GOVERNMENT STRUCTURE; TO AMEND SECTION 3.05 - TAX COLLECTOR; ARTICLE III - ADMINISTRATIVE AFFAIRS; TO AMEND SECTION 4.04 JURISDICTION; POWERS, ARTICLE IV - JUDICIAL BRANCH; TO PROVIDE FOR SEVERABILITY; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES.

BE IT ORDAINED AND ESTABLISHED by the Mayor and Council of the City of Holly Springs, Georgia as follows:

SECTION 1. That Section 1.02.(c) Corporate boundaries, Article I - Creation, Corporation, Powers of Part I - The Charter of the City of Holly Springs, Georgia, as amended, is further hereby deleted and replaced as follows:

GEORGIA LAWS 2014 SESSION

4359

Sec. 1.02. - Corporate boundaries. (c) Said map at time of Charter amendment is hereby attached and noted as Exhibit A "The Official Map of the Corporate Limits of the City of Holly Springs, Georgia."

SECTION 2. That Section 1.04. (a)(6) Examples of power(s), Article I - Creation, Corporation, Powers of Part I - The Charter of the City of Holly Springs, Georgia, as amended, is further hereby deleted and replaced as follows:

Sec. 1.04. - Examples of power[s]. (6) 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.

SECTION 3. That Section 1.04. (a)(8) Examples of power(s), Article I - Creation, Corporation, Powers of Part I - The Charter of the City of Holly Springs, Georgia, as amended, is further hereby deleted and replaced as follows:

Sec. 1.04. - Examples of power[s]. (8) 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 authorized by state law.

SECTION 4. That Section 1.04. (a)(12) Examples of power(s), Article I - Creation, Corporation, Powers of Part I - The Charter of the City of Holly Springs, Georgia, as amended, is further hereby deleted and replaced as follows:

Sec. 1.04. - Examples of power[s]. (12) 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 any other public improvements, inside or outside the corporate limits of the city; and to regulate the use thereof and, for such purposes, property may be acquired by condemnation as permitted under state law.

SECTION 5. That Section 1.04. (a)(17) Examples of power(s), Article I - Creation, Corporation, Powers of Part I - The Charter of the City of Holly Springs, Georgia, as amended, is further hereby deleted and replaced as follows:

4360

MUNICIPAL HOME RULE ORDINANCES

Sec. 1.04. - Examples of power[s]. (17) To regulate or prohibit junk dealers and pawnshops; the manufacture, sale, or transportation of intoxicating liquors; the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and flammable materials; the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatsoever, by taxation or otherwise; to license, tax, regulate, or prohibit professional fortune telling, palmistry, adult bookstores, and massage parlors.

SECTION 6. That Section 1.04. (a)(37) Examples of power(s), Article I - Creation, Corporation, Powers of Part I - The Charter of the City of Holly Springs, Georgia, as amended, is further hereby deleted and replaced as follows:

Sec. 1.04. - Examples of power[s]. (37) To exercise the power of arrest through duly appointed police officers and to organize and operate a firefighting agency.

SECTION 7. That Section 2.11, Article II - Government Structure of Part I - The Charter of the City of Holly Springs, Georgia, as amended, is further hereby deleted and replaced as follows:

Sec. 2.11. - Organization meeting. The city council shall meet for organization on the regular council meeting date. The meeting shall be called to order by the mayor. The city clerk shall administer the oath of office to the newly elected member as follows:
"I do solemnly swear (or affirm) that I will faithfully perform the duties of mayor/councilman of this city and that I will support and defend the charter and ordinances thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."

SECTION 8. That Section 2.19, Article II - Government Structure of Part I - The Charter of the City of Holly Springs, Georgia, as amended, is further hereby deleted and replaced as follows:

Sec. 2.19. - Signing; authenticating; recording; codification; printing. (a) The clerk shall authenticate by his/her signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all of 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

GEORGIA LAWS 2014 SESSION

4361

all amendments thereto and such code 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 Holly Springs, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city, and made available pursuant to the Georgia Open Records Act. (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 pursuant to the Georgia Open Records Act. 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 respect to 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 9. That Section 3.05, Article III - Administrative Affairs of Part I - The Charter of the City of Holly Springs, Georgia, as amended, is further hereby deleted and replaced as follows:

Sec. 3.05. - Tax collector. The mayor and city council shall appoint a tax collector to collect all taxes, licenses, fees, and other funds belonging to the city subject to the provisions of this charter and the ordinances of the city, and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities.

SECTION 10. That Section 4.04(a), Article IV - Judicial Branch of Part I - The Charter of the City of Holly Springs, Georgia, as amended, is further hereby deleted and replaced as follows:

Sec. 4.04. - Jurisdiction; powers. (a) The municipal court shall try and punish for crimes against the City of Holly Springs and for its ordinances, and for violations of those state laws for which jurisdiction is given to municipal courts. The municipal court shall have authority to punish those in its presence for contempt. The municipal court may impose punishment for offenses within its jurisdiction to the full extent allowed by the law of the State of Georgia.

SECTION 11. Except as provided otherwise herein, all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

4362

MUNICIPAL HOME RULE ORDINANCES

SECTION 12. If any Section, sub-section, sentence, clause, phrase or any portion of this Ordinance be declared invalid or unconstitutional by any court of 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.

SECTION 13. This ordinance shall become effective February 21, 2013 upon its final adoption by the Mayor and Council of the City of Holly Springs

SO ORDAINED this 21st day of February, 2013.

CITY OF HOLLY SPRINGS

Attest:

s/ TIMOTHY B. DOWNING Timothy B. Downing, Mayor

s/ KAREN NORRED Karen Norred, City Clerk (Seal)

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 1st, 8th, 15th days(s) of February 2013, and on the ____________day(s) of ____________ 20___, as provided by law.

s/ OTIS BRUMBY III

Subscribed and sworn to before me this 15th day of February, 2013

s/ JOLYNNE S. GOOSMAN Notary Public

GEORGIA LAWS 2014 SESSION

4363

My commission expires Sept. 15, 2014 (SEAL)

City of Holly Springs Proposed Charter Amendments
Public Notice

Pursuant to O.C.G.A. 36-35-3 below is a synopsis of the proposed Charter amendments. A complete copy of the proposed amendments is on file in the office of the city clerk and in the office of the clerk of the superior court of Cherokee County for the purpose of examination and inspection by the public. Article 1, Section 1.02.(c): Recommend changing the city corporate limit boundary description to refer to "The Official Map of the Corporate Limits of the City of Holly Springs, Georgia." Article 1, Section 1.04.(a)(8): Recommend replacing the words "under Code Section 36-202 or under the applicable laws (O.C.G.A. tit. 22) which may be enacted" with the words "utilizing procedures authorized by state law" Article I, Section 1.04.(a)(12): Recommend replacing the words "under Code Section 36-202 or under other applicable laws (O.C.G.A. tit. 22) which may be enacted" with the words "as permitted under state law" Article II, Section 2.11.: Recommend replacing the sentence "The meeting shall be called to order by the city clerk, and the oath of office shall be administered......." with the following sentence "The meeting shall be called to order by the mayor. The city clerk shall administer the oath of office to the newly elected members as follows:" Article II, Section 2.19.(b): Recommend replacing the phrase "for purchase by the public at a reasonable price as fixed by the city council" with the phrase "pursuant to the Georgia Open Records Act" Article II, Section 2.19.(c): Recommend replacing the phrase "for purchase by the public at a reasonable price as fixed by the city council" with the phrase "pursuant to the Georgia Open Records Act" Article IV, Section 4.04.: Recommend replacing the sentence "The municipal court shall have authority to punish those in its presence for contempt. The municipal court may fix as punishment for offenses within its jurisdiction a fine not exceeding $1,000.00, imprisonment up to 12 months, or both" with the sentence "The municipal court may impose punishment for offenses within its jurisdiction to the full extent allowed by the law of the State of Georgia" Correct typographical errors in Article I, Sections 1.04.(a)(6), (a)(17), (a)(37), Article II, Sections 2.05.(a), 2.19.(a), Article III, Section 3.05.

Filed in the Office of the Secretary of State July 24, 2013.

4364

MUNICIPAL HOME RULE ORDINANCES

CITY OF CANTON CITY COUNCIL MEETINGS.

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF CANTON, GEORGIA

Section TITLE

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF CANTON, GEORGIA, TO PROVIDE FOR TWO REGULAR CITY COUNCIL MEETINGS PER MONTH; TO PROVIDE FOR GENDER NEUTRAL LANGUAGE; TO REPEAL CONFLICTING ORDINANCES, AND FOR OTHER PURPOSES.

Section ENACTMENT

Pursuant to the authority conferred by O.C.G.A. Section 36-35-3(b)(1), the City of Canton hereby enacts into the law the following amendment to the Charter for the purpose of promoting and protecting the health, safety, morals, convenience, order, prosperity, and the general welfare of the City of Canton, Georgia.

Section GENERAL PURPOSE

That Section 15 of the Charter of the City of Canton, Georgia is hereby amended to read as follows:

The mayor and council shall hold bimonthly meetings on the first and third Thursday of each month, which may be adjourned from day to day, and such called meetings as the mayor may think best to call for any specific purpose. At any meeting the mayor or mayor pro tem and three (3) of the council members shall constitute a quorum to transact business. It shall take a majority vote of the council members present to pass any measure. The mayor shall vote on all measures only when there is a tie of the council members.

Section REPEALER

Any ordinances covering the subject matter contained in this Charter amendment are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this Charter amendment are hereby repealed.

Section EFFECTIVE DATE

This Charter amendment shall take effect from and after the 4th day of October, 2001.

GEORGIA LAWS 2014 SESSION

4365

s/ CECIL PRUETT Cecil Pruett, Mayor

Attest: s/ AIMEE CLINE Aimee Cline, Assistant City Clerk

#10 City of Canton Proposed Charter Amendment

The City of Canton is proposing an amendment to the City Charter. The amendment is for the purpose of creating two regularly scheduled Council meetings each month. The reading dates of this amendment are September 6, 2001 and October 4, 2001. A copy of the proposed amendment is on file in the City Clerk's office at 687 Marietta Hwy, Canton, GA 30114.

Filed in the Office of the Secretary of State August 22, 2013. __________

CITY OF CANTON NEW CHARTER.

STATE OF GEORGIA COUNTY OF CHEROKEE CITY OF CANTON ORDINANCE NO. 2005090102

AMENDMENT TO CITY OF CANTON CHARTER

WHEREAS, the City of Canton is authorized by the constitution of the State of Georgia to adopt rules, regulations, laws, and ordinances protecting the public health, safety and welfare of the citizens of the City.

WHEREAS, the City by and through its Mayor and Council have deemed it in the best interest of the health, safety and welfare of the citizens of the City of Canton, to Adopt the New Charter to repeal conflicting ordinances, and for other purposes.

NOW THEREFORE BE IT ORDAINED by the City of Canton Mayor and Council, it is hereby enacted pursuant to the authority of the same that the New Charter read as follows:

To provide a new charter for the City of Canton; to provide for incorporation, boundaries, and powers of the City; to provide for a governing authority of such City and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications,

4366

MUNICIPAL HOME RULE ORDINANCES

prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and council certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a City Attorney, a City Clerk, a City Treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

CITY CHARTER

Historical Note: The charter of the City of Canton is derived from Ga. L. 1922, p. 604, as amended. Several acts have amended the charter but were not included in the numbering system of the original document.

Section 1.10. Name. Section 1.11. Corporate Boundaries. Section 1.12. Election Wards for Council Posts. Section 1.13. Powers and Construction. Section 1.14. Examples of Powers. Section 1.15. Exercise of Powers. Section 2.10. Council: Creation; Number; Election. Section 2.11. Terms and Qualifications for Office. Section 2.12. Election at large; majority elects. Section 2.13. Vacancy; Filling of Vacancies. Section 2.14. Compensation and Expenses. Section 2.15. Conflicts of Interest; Holding Other Offices. Section 2.16. General Power and Authority. Section 2.17. Eminent Domain. Section 2.18. Organizational Meetings. Section 2.19. Regular, Called and Special Meetings. Section 2.20. Rules of Procedure. Section 2.21. Quorum: Voting. Section 2.22. Ordinance Form; Procedures.

GEORGIA LAWS 2014 SESSION
Section 2.23. Action Requiring An Ordinance. Section 2.24. Emergencies. Section 2.25. Codes of Technical Regulations. Section 2.26. Signing; Authenticating; Recording; Codification; Printing. Section 2.27. City Manager; Appointment; Compensation. Section 2.28. Removal of City Manager. Section 2.29. Acting City Manager. Section 2.30. Powers and Duties of the City Manager. Section 2.31. Purchasing limits of city manager. Section 2.32. Selection of Mayor Pro Tem. Section 2.33. Mayor Pro Tem. Section 2.34. Election of Mayor; Forfeiture; Compensation. Section 2.35. Powers and Duties of Mayor. Section 2.36. Chief Executive Officer. Section 3.10. Administrative and Service Departments. Section 3.11. Boards, Commissions and Authorities. Section 3.12. City Attorney. Section 3.14. Position Classification and Pay Plans. Section 3.17. Personnel Policies. Section 4.10. Creation; Name. Section 4.11. Chief Judge; Associate Judge. Section 4.12. Convening. Section 4.13. Municipal Court. Jurisdiction; Powers. Section 4.14 Code Enforcement Court; Jurisdiction; Powers. Section 4.15. Certiorari. Section 4.16. Rules for Court. Section 5.10. Applicability of General Law. Section 5.11. Regular Elections; Time for Holding. Section 5.12. Nonpartisan Elections. Section 5.13. Election by Plurality. Section 5.14. Special Election; Vacancies. Section 5.15. Other Provisions. Section 5.16. Removal of Officers. Section 6.10. Property Tax. Section 6.11. Millage Rate; Due Dates; Payment Methods. Section 6.12. Occupation and Business Taxes. Section 6.13. Regulatory Fees; Permits. Section 6.14. Franchises. Section 6.15. Service Charges. Section 6.16. Special Assessments. Section 6.17. Construction; Other Taxes and Fees.

4367

4368

MUNICIPAL HOME RULE ORDINANCES

Section 6.18. Collection of Delinquent Taxes and Fees. Section 6.19. General Obligation Bonds. Section 6.20. Revenue Bonds. Section 6.21. Short-Term Loans. Section 6.22. Lease-Purchase Contracts. Section 6.23. Fiscal Year. Section 6.24. Preparation of Budgets. Section 6.25. Submission of Operating Budget. Section 6.26. Action on Budget. Section 6.27. Tax Levies. Section 6.28. Changes in Appropriations. Section 6.29. Capital Improvements Budget. Section 6.30. Independent Audit. Section 6.31. Contracting Procedures. Section 6.32. Centralized Purchasing. Section 6.33. Sale of City Property. Section 7.10. Bonds for Officials. Section 7.11. Prior Ordinances. Section 7.12. Existing Personnel and Officers. Section 7.13. Pending Matters. Section 7.14. Construction. Section 7.15. Severability. Section 7.16. Repealer. Section 7.17. Effective Date.

ARTICLE I

INCORPORATION AND POWERS

Section 1.10. Name.

This City and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the name and style Canton, 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

GEORGIA LAWS 2014 SESSION

4369

Clerk and to be designated, as the case may be: "Official Map of the Corporate Limits of the City of Canton, Georgia." Photographic, typed, or other copies of such map or description certified by the City Clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description.
(b) The Mayor and 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.
(c ) Said map at time of Charter amendment is hereby attached and noted as Exhibit A. "The Official Corporate Boundary Map of the City of Canton, Georgia."

Section 1.12. Election Wards for Council Posts.

(a) The boundaries for the three wards shall be shown on a map to be retained permanently in the Office of the City Clerk and to be designated as: "Official Map for City Elections Identifying City Wards."
(b) Said map at time of Charter amendment is hereby attached and noted as Exhibit B. "The Official Map for City Elections Identifying City Wards."

Section 1.13. Powers and Construction.

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

Section 1.14. Examples of Powers.

The powers of the government of the City of Canton to be exercised by the Mayor and City Council, shall include, but not be limited to, the following:
(1) Air and Water Pollution. To regulate the emission of smoke or other exhaust which pollutes the air, and to prevent the pollution of natural streams which flow within the corporate limits of the City;
(2) Animal Regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder;

4370

MUNICIPAL HOME RULE ORDINANCES

(3) Appropriations and Expenditures. To make appropriations for the support of the government of the City in performing its duties as charged; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the City;
(4) Building Regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing, and building trades;
(5) Business Regulation and Taxation. To levy and to provide for collection of license fees and taxes on privileges, occupations, trades and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any City taxes or fees;
(6) Condemnation. To condemn property, inside or outside the corporate limits of the City, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted;
(7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations;
(8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists 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;
(9) Environmental Protection. To protect and preserve the natural resources, environment and vital areas of the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment;
(10) Fees. To establish fees, assessments of special districts for purpose of Business Improvement Districts.
(10) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof, including but not limited to Life Safety Code;
(11) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the City from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges;

GEORGIA LAWS 2014 SESSION

4371

(12) General Health, Safety and Welfare. To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the City, and to provide for the enforcement of such standards;
(13) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to powers and duties of the City and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose;
(14) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards;
(15) Jail Sentences. To provide that persons given jail sentences in the City's court may work out such sentences in any public works or on the streets, roads, drains and 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;
(16) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, road, alleys and walkways of the City;
(17) Municipal Agencies and Delegation of Power. To create, alter or abolish departments, boards, offices, commissions and agencies of the City, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same;
(18) Municipal Debts. To appropriate and borrow money for the payment of debts of the City and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this charter or the laws of the State of Georgia;
(19) Municipal Property Ownership. To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the City;
(20) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the City, and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof;
(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, 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; 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 as provided by ordinance;
(22) Nuisance. To define a nuisance and provide for its abatement whether on public or private property;

4372

MUNICIPAL HOME RULE ORDINANCES

(23) Ordinances, rules and regulations and plans. To make, establish, and adopt such bylaws, ordinances, policies, and rules and regulations as shall appear necessary for the security, welfare, convenience, and interest of the City and the inhabitants thereof, and for preserving the health, peace, order, and good government of the City;
(24) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia;
(25) Planning and Zoning. To provide comprehensive City planning for development by zoning; and to provide subdivision regulation and the like as the Mayor and City Council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community;
(26) Police and Fire Protection. To exercise the power of arrest through duly appointed policemen, and to establish, operate, contract or consolidate for a police and a fire fighting agency;
(27) Public Hazards: Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public;
(28) Public Improvements. To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets, public buildings, libraries, public housing, airports, heliports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and to provide any other public improvements, inside or outside the corporate limits of the City; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter by enacted;
(29) Public Peace. To provide for the enforcement of the public peace and punishment of drunkenness, riots, and public disturbances;
(30) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial;
(31) Public Utilities and Services. To grant franchises or make contracts for public utilities and public services; and to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission;
(32) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance or signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the City; and to prescribe penalties and punishment for violation of such ordinances;
(33) Retirement. To provide and maintain a retirement plan for officers and employees of the City;
(34) Roadways and Commuter Rail. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade

GEORGIA LAWS 2014 SESSION

4373

trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the City; and to negotiate and execute leases over, through, under or across any City property or the right-of-way of any street, road, alley, and walkway or portion thereof within the corporate limits of the City, for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses and underpasses for private use at such location, and to charge a rental therefore 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 requite real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so;
(35) 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 manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose and collect a sewer connection fee or fees to those connected with the system;
(36) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish and refuse, and to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items.
(37) Special Areas of Public Regulation. To regulate or prohibit junk dealers, pawn shops, the illegal 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, body piercing and tattooing, 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;
(38) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements;
(39) Taxes: Ad Valorem. To levy and provide for assessment, valuation, revaluation, and collection of taxes on all property subject to taxation;
(40) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law.
(41) 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;

4374

MUNICIPAL HOME RULE ORDINANCES

(42) Urban Redevelopment. To organize and operate an urban redevelopment program; (43) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the City and its inhabitants; 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 1.15. 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

LEGISLATIVE BRANCH

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 City Council to be composed of a mayor and 6 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. Terms and Qualifications for Office.

The members of the City Council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or Councilmember unless that person shall be a United States citizen 21 years of age or older, who has been a resident of the City for twelve months prior to the date of the election of the mayor and Councilmembers and must have been a bona fide resident of the ward which they represent for a period of six months previous to the election to which they are a candidate;

GEORGIA LAWS 2014 SESSION

4375

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. Election at large; majority elects.

The councilmember for each ward and the mayor shall be elected by the qualified electors of the city-at-large, and each candidate for city council receiving a majority of the votes cast from the city-at-large shall be declared elected as city council.

Section 2.13. Vacancy; Filling of Vacancies.

(a) Vacancies. The office of mayor or Councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. If a current Council member runs for the position they must first resign from their current position.
(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 mayor and council if less than twelve months remains in the unexpired term, otherwise by an election, as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated, or other such laws as are or may hereafter be enacted.

Section 2.14. Compensation and Expenses.

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

Section 2.15. Conflicts of Interest; Holding Other Offices.

(a) Elected and appointed officers of the City are trustees and servants of the residents of the City and shall act in a fiduciary capacity for the benefit of such residents as per the Ethics Ordinance.

Section 2.16. General Power and Authority.

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

4376

MUNICIPAL HOME RULE ORDINANCES

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, heliports, commuter rail, 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.

ORGAN1ZATION AND PROCEDURES

Section 2.18. Organizational Meetings.

The City Council shall hold an organizational meeting on the first Thursday in January after an election. The meeting shall be called to order by the City Clerk and the oath of office shall be administered to the newly elected members as follows:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (Councilmember) of this City and that I will support and defend the charter thereof as well as the constitution and laws of the State of Georgia and of the United States of America."

Section 2.19. Regular, Called and Special Meetings.

(a) The City Council shall hold regular meetings at such times and places as prescribed by ordinance and such call meetings as the mayor may think best to call for any specific purpose.
(b) Special meetings of the City Council may be held on call of the mayor or 3 members of the City Council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to Councilmembers shall not be required if the mayor and all Councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a Councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such Councilmember's presence. Only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the City Council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by section 50-14-1 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted.

GEORGIA LAWS 2014 SESSION

4377

Section 2.20. Rules of Procedure.

(a) The City Council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record.
(b) All committees and committee chairmen and officers of the City Council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.

Section 2.21. Quorum: Voting.

The mayor and three Councilmembers shall constitute a quorum and shall be authorized to transact business of the City Council. 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.

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 Canton" and every ordinance shall so begin.
(b) The difference between an ordinance and a resolution is that a resolution deals with matters of a special or temporary character and an ordinance prescribes some permanent rule of government.

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.
(a) The distinction between an ordinance and resolution is usually considered to be that, while a resolution deals with matters of special or temporary character, an ordinance prescribes some permanent rule of government.
(b) An ordinance prescribes some permanent rule or code of government. A resolution denotes something of a temporary character, something less formal than an ordinance. Generally, a resolution is a mere expression of the opinion or mind of the council concerning some matter of administration coming within its official cognizance and provides for the disposition of a particular item of the administrative business of the city.

4378

MUNICIPAL HOME RULE ORDINANCES

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 and 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 a majority of Councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 90 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
(b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with 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 technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the Clerk pursuant to Section 2.26.
(b) Copies of any adopted code of technical regulations shall be made available by the Clerk for inspection by the public.

Section 2.26. Signing; Authenticating; Recording; Codification; Printing.

(a) The Clerk shall authenticate by 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

GEORGIA LAWS 2014 SESSION

4379

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 Canton, Georgia." Copies of the code shall be furnished to all officers, departments and agencies of the City, and made available for purchase by the public at a reasonable price as fixed by the City Council.
(c) The City Council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the City Council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The City Council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

Section 2.27. City Manager; Appointment; Compensation.

The City Council shall appoint a City Manager for an indefinite term and shall fix his compensation.

Section 2.28. Removal of City Manager.

The City Manager works at the pleasure of the Mayor and City Council and may be removed from office with or without cause.

Section 2.29. Acting City Manager.

By letter filed with the City Clerk, the manager shall designate, subject to approval of the City Council a qualified City Administrative Officer to exercise the powers and perform the duties of Manager during his 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 manager shall return or his 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. 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 executive and 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

4380

MUNICIPAL HOME RULE ORDINANCES

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 City Council meetings except for closed meetings held for the purposes of deliberating on the appointment, discipline or removal of the City Manager and shall have the right to take part in discussion but he may not vote.
(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 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 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. (9) Perform other such duties as are specified in this charter or as may be required by the City Council.

Section 2.31. Purchasing limits of city manager.

All purchases by the city manager or contracts to pay out money in excess of the sum of $1500 shall be approved in writing by the mayor and council, or by some person or committee appointed by an ordinance for said person.

Section 2.32. Selection of Mayor Pro Tem.

The Mayor shall appoint a Mayor Pro Tem from the members of Council. The Mayor Pro Tem shall continue to vote and otherwise participate as a Councilmember.

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. Any such absence or disability shall be declared by majority vote

GEORGIA LAWS 2014 SESSION

4381

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.

Section 2.34. Election of Mayor; Forfeiture; Compensation.

The mayor shall be elected and serve for a term of four years and until a successor is elected and qualified. The mayor shall be a citizen of the United States and a qualified elector of this City and shall have been a resident of the City for twelve months prior to the election. The mayor shall continue to reside in this City during the period of his service. The mayor shall forfeit his/her office on the same grounds and under the same procedure as for Councilmembers. The compensation of the mayor shall be established in the same manner as for Councilmembers.

Section 2.35. 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 establish an appointed or employed staff (g) Fulfill such other executive and administrative duties as the City Council shall by ordinance establish.

Section 2.36. Chief Executive Officer.

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

4382

MUNICIPAL HOME RULE ORDINANCES

ARTICLE III

ADMINISTRATIVE AFFAIRS

Section 3.10. Administrative and Service Departments.

(a) Except as otherwise provided in this charter, the City Council, by ordinance, shall prescribe the functions or duties, and establish, abolish or alter all non-elective offices, positions of employment, departments, and agencies of the City, as necessary for the proper administration of the affairs and government of this City.
(b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the City shall be appointed solely on the basis of their respective administrative and professional qualifications.
(c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance.
(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, unless other wise stipulated, be responsible for the administration and direction of the affairs and operations of his department or agency.

Section 3.11. Boards, Commissions and Authorities.

(a) The 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 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 or 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 or authority shall hold any elective office in the City.
(e) Any vacancy on a board, commission or authority of the City shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law.
(f) No member of a board, commission or authority shall assume office until he/she has executed and filed with the Clerk of the City an oath obligating himself/herself to faithfully and impartially perform the duties of his/her office, such oath to be prescribed by ordinance and administered by mayor.

GEORGIA LAWS 2014 SESSION

4383

(g) Any member of a board, commission or authority may be removed from office for cause by a vote of majority members of the City Council unless otherwise provided by law.
(h) Except as otherwise provided by this charter or by law, each board, commission or authority of the City shall elect one of its members as chair and one member as vice-chair, and may elect as its secretary one of its own members or may appoint as secretary an employee of the City. Each board, commission or authority of the City government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the City, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules and regulations shall be filed with the Clerk of the City.

ADMINISTRATIVE OFFICERS

Section 3.12. City Attorney.

The Mayor and City Council shall appoint a City Attorney, together with such assistant City attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the City. The City Attorney shall be responsible for providing 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.

PERSONNEL ADMINISTRATION

Section 3.14. Position Classification and Pay Plans.

The City Manager or his/her designee shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the City Council for approval. Such plan may apply to all employees of the City and any of its agencies, departments, boards, commissions or authorities. When a pay plan has been adopted, the City Council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed City Officials are not City employees.

Section 3.17. Personnel Policies.

The City Council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment;

4384

MUNICIPAL HOME RULE ORDINANCES

(2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan;
(3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected;
(4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.

ARTICLE IV

JUDICIAL BRANCH

Section 4.10. Creation; Name.

There shall be a court to be known as the Municipal Court and Code Enforcement Court of the City of Canton.

Section 4.11. Chief Judge; Associate Judge.

(a) The municipal court and environmental 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 or environmental court unless he/she 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 the judge will honestly and faithfully discharge the duties of his/her office to the best of that person's ability and without fear, favor or partiality. The oath shall be entered upon the minutes of the City Council journal required in Section 2.20.

Section 4.12. Convening.

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

GEORGIA LAWS 2014 SESSION

4385

Section 4.13. Municipal Court. Jurisdiction; Powers.

(a) The municipal court shall try and punish violations of this charter, all City ordinances, and such other violations of a criminal nature 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, and can turn prisoners over for detention.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of one thousand dollars ($1,000.00) or imprisonment for six (6) months or both such fine and imprisonment or may fix punishment by fine, imprisonment or alternative sentencing as now, or hereafter provided by law.
(d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operations, and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law.
(e) The municipal court shall have authority to establish bail and 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 appearance and shall fail to appear at the time fixed for trial, his/her bond shall be forfeited by the presiding judge at such time, and an execution issued thereon by serving the defendant and his/her sureties with a rule nisi, at least two (2) days before a heating 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. Code Enforcement Court. Jurisdiction. Powers.

(a) The Code Enforcement Court shall try and punish violations of this charter, all City ordinances, and such other violations that are not of a criminal nature as provided by law.

4386

MUNICIPAL HOME RULE ORDINANCES

(b) Subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by the sheriff, marshal, or city police department or any other individual authorized by O.C.G.A. Section 24-10-23 to serve subpoenas;
(c) Order the violator to pay an administrative fine in an amount set in accordance with state law;
(d) Impose an administrative fine for a violation that is not a violation involving the health or safety of a third party but shall not exceed that which is authorized by state law;
(e) Subpoena evidence to its hearings in the same way as provided by Paragraph (2) of this section;
(f) Take testimony under oath, and (g) Issue orders having the force of law to command whatever steps are necessary to bring the violation into compliance.

Section 4.15. 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 Cherokee County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

Section 4.16. Rules for Court.

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

ARTICLE V

ELECTIONS AND REMOVAL

Section 5.10. Applicability of General Law.

All primaries and elections shall be held and conducted in accordance with the Georgia Municipal Election Code (Title 21, Chapter 3 of the Official Code of Georgia Annotated) as now or hereafter amended.

GEORGIA LAWS 2014 SESSION

4387

Section 5.11. Regular Elections; Time for Holding.

(a) There shall be a municipal general election biennially in the odd years on the Tuesday next following the first Monday in November.
(b) There shall be elected the mayor and 3 Councilmembers at one election and at every other election thereafter. The remaining City Council seats shall be filled at the election alternating with the first election so that a continuing body is created.

Section 5.12. Nonpartisan Elections.

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

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 Election; Vacancies.

In the event that the office of Mayor or Councilmember shall become vacant as provided in Section 2.12 of this charter, the City Council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within twelve months of the expiration of the term of that office, the City Council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the Georgia Municipal Election Code, Chapter 3 of Title 21 of the Official Code of Georgia Annotated, as now or hereafter amended.

Section 5.15. Other Provisions.

Except as otherwise provided by this charter, the City Council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code.

Section 5.16. Removal of Officers.

(a) The mayor, Councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted.

4388

MUNICIPAL HOME RULE ORDINANCES

(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 said to be removed by the action of the City Council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten (10) days after the service of such written notice. The City Council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the City Council to the Superior Court of Cherokee County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court.
(2) By an order of the Superior Court of Cherokee County following a hearing on a complaint seeking such removal brought by any resident of the City of Canton.

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 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.

GEORGIA LAWS 2014 SESSION

4389

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 may reflect the total cost to the City of regulating the activity, and if unpaid, shall be collected as provided in Section 6.18.

Section 6.14. Franchises.

(a) The City Council shall have the power to grant franchises for the use of this City's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, telecommunication 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. The City Council shall provide for the registration of all franchises with the Chief Finance Officer in a registration book kept by the Finance Department. The City Council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
(b) If no franchise agreement is in effect, the City Council has the authority to impose a tax on gross receipts for the use of this City's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies and other similar organizations.

Section 6.15. Service Charges.

The City Council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the City for the total cost to the City of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18.

Section 6.16. Special Assessments.

The City Council, by ordinance, shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property

4390

MUNICIPAL HOME RULE ORDINANCES

owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18.

Section 6.17. Construction; Other Taxes and Fees.

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

Section 6.18. Collection of Delinquent Taxes and Fees.

The City Council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the City under Sections 6.10 through 6.17 by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.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.

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

GEORGIA LAWS 2014 SESSION

4391

the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Section 36-60-13 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted.

Section 6.23. Fiscal Year.

The fiscal year for the City of Canton begins October 1 and ends September 30. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency and activity of the City government.

Section 6.24. Preparation of Budgets.

The City Council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating, budget, a capital improvement program and a capital budget, including requirements as to the scope, content and form of such budgets and programs.

Section 6.25. Submission of Operating Budget.

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 or his designee 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 or his designee containing a statement of the general fiscal policies of the City, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the City Clerk and shall be open to public inspection.

Section 6.26. Action on Budget.

(a) The City Council may amend the operating budget proposed by the City Manager or his designee; except, that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues.
(b) The City Council, by ordinance, shall adopt the final operating budget for the ensuing fiscal year not later than 30 days prior to the end of the fiscal year or until such time as

4392

MUNICIPAL HOME RULE ORDINANCES

prescribed by Mayor and Council. 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 items prorated accordingly until such time as the City Council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof, to which it is chargeable.

Section 6.27. Tax Levies.

The City Council shall levy, by ordinance, such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least by 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, special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.

Section 6.29. Capital Improvements Budget.

(a) On or before the date fixed by the City Council, but no later than 30 days prior to the end of the fiscal year or until such time as prescribed by Mayor and Council, the City Manager or his designee shall submit to the City Council a proposed capital improvements budget that is compatible to the Comprehensive Plan and his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. This proposal will include the Capital Improvement Plan in the Comp Plan adopted by the Mayor and Council. The City Council shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The City Council shall not authorize an expenditure for the construction of any building, structure, work or

GEORGIA LAWS 2014 SESSION

4393

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 30 days prior to the end of the fiscal year or until such time as prescribed by Mayor and Council. 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 City Manager or his designee may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance.

Section 6.30. Independent Audit.

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

Section 6.31. Contracting Procedures.

No contract with the City shall be binding on the City unless: (a) It is in writing; (b) It is drawn by or submitted and reviewed by the City attorney, and as a matter of course, is signed by him/her to indicate such drafting or review; and (c) It is made or authorized by the City Council and such approval is entered in the City Council journal of proceedings pursuant to Section 2.21.

Section 6.32. Centralized Purchasing.

The City Council shall by ordinance prescribe procedures for a system of centralized purchasing for the City.

Section 6.33. Sale 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 City Manager or his designee 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.

4394

MUNICIPAL HOME RULE ORDINANCES

(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 or his designee to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights-of-way of said street, avenue, alley or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the City has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

ARTICLE VII

GENERAL PROVISIONS

Section 7.10. Bonds for Officials.

The officers and employees of this City, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the City Council shall from time to time require by ordinance or as may be provided by law.

Section 7.11. Prior Ordinances.

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

Section 7.12. Existing Personnel and Officers.

Except as specifically provided otherwise by this charter, all personnel and officers of the City and their rights, privileges and powers shall continue beyond the time this charter takes effect for a period of 60 days before or during which the existing City Council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges and powers as may be required or desired to allow a reasonable transition.

GEORGIA LAWS 2014 SESSION

4395

Section 7.13. Pending Matters.

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

Section 7.14. Construction.

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

Section 7.15. Severability.

If any article, section, subsection, paragraph sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect 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 City of Canton in the County of Cherokee, approved 1922, p. 604, is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. All other laws and parts of laws in conflict with this charter are hereby repealed.

Section 7.17. Effective Date.

This charter shall become effective on September 1, 2005.

The above ordinance was read and approved by the Mayor and Council on the 1st day of September, 2005.

s/ CECIL PRUETT Cecil Pruett, Mayor

Attest: s/ DIANA THREEWITT Diana Threewitt, City Clerk

4396

MUNICIPAL HOME RULE ORDINANCES

s/ BILLY HASTY Billy Hasty, City Attorney

1st Reading - 08/18/05 2nd Reading - 09/01/05

AFFIDAVIT OF AUTHENTICITY OF ORDINANCE TO AMEND THE CHARTER OF THE CITY OF CANTON

I, Susan C. Stanton, City Clerk of the City of Canton, do hereby swear and affirm that the attached Ordinance to Amend the Charter of the City of Canton of is a true, correct, and complete copy of the original it purports to be, the original document having been lost and/or misplaced.

1. The document reflects verbatim the intentions of the Canton City Council as voted on and approved on October 04, 2001 and as shown in the Official Minutes of that meeting.

I hereby swear or affirm that the above representations are true and correct to the best of my information, knowledge and belief.

08.02.13 Date

s/ SUSAN C. STANTON Susan C. Stanton Canton City Clerk

I, the undersigned Notary Public, do hereby affirm that Susan C. Stanton personally appeared before me on the 2 day of August, 2013 and signed the above Affidavit.

s/ DONNA L. BELL My Commission expires on January 19, 2016. SEAL

August 12, 2005

City of Canton Public Notice

The City of Canton Mayor and Council will consider approval of a proposed amendment to the City Charter. The meeting will be held on September 1, 2005 at 6:00 p.m. in the Council Chambers at 151 Elizabeth Street, Canton, Georgia 30114. A copy of the proposed amendment will be on file in the City Clerk's office and in the office of the Clerk of Superior Court. For additional information, please contact the City Clerk's office at 770-704-1500.

GEORGIA LAWS 2014 SESSION

4397

SYNOPSIS OF PROPOSED CHARTER AMENDMENT

AN ORDINANCE TO AMEND AND PROVIDE A NEW CHARTER FOR THE CITY OF CANTON; TO PROVIDE FOR INCORPORATION, BOUNDARIES, AND POWERS OF THE CITY; TO PROVIDE FOR A GOVERNING AUTHORITY OF SUCH CITY AND THE POWERS, DUTIES, AUTHORITY, ELECTION, TERMS, METHOD OF FILLING VACANCIES, COMPENSATION, QUALIFICATIONS, PROHIBITIONS, AND REMOVAL FROM OFFICE RELATIVE TO MEMBERS OF SUCH GOVERNING AUTHORITY; TO PROVIDE FOR INQUIRIES AND INVESTIGATIONS; TO PROVIDE FOR ORGANIZATION AND PROCEDURES; TO PROVIDE FOR ORDINANCES AND CODES; TO PROVIDE FOR THE OFFICE OF MAYOR AND CERTAIN DUTIES AND POWERS RELATIVE TO THE OFFICE OF MAYOR; TO PROVIDE FOR ADMINISTRATIVE RESPONSIBILITIES; TO PROVIDE FOR BOARDS, COMMISSIONS, AND AUTHORITIES; TO PROVIDE FOR A CITY ATTORNEY, A CITY CLERK, A CITY TREASURER, AND OTHER PERSONNEL; TO PROVIDE FOR RULES AND REGULATIONS; TO PROVIDE FOR A MUNICIPAL COURT AND A CODE ENFORCEMENT COURT AND THE JUDGE OR JUDGES THEREOF; TO PROVIDE FOR PRACTICES AND PROCEDURES; TO PROVIDE FOR TAXATION AND FEES; TO PROVIDE FOR FRANCHISES, SERVICE CHARGES, AND ASSESSMENTS; TO PROVIDE FOR BONDED AND OTHER INDEBTEDNESS; TO PROVIDE FOR ACCOUNTING AND BUDGETING; TO PROVIDE FOR PURCHASES; TO PROVIDE FOR THE SALE OF PROPERTY; TO PROVIDE FOR BONDS FOR OFFICIALS; TO PROVIDE FOR EMINENT DOMAIN; TO PROVIDE FOR PENALTIES; TO PROVIDE FOR DEFINITIONS AND CONSTRUCTION; TO PROVIDE FOR OTHER MATTERS RELATIVE TO THE FOREGOING; TO REPEAL A SPECIFIC ACT; TO REPEAL CONFLICTING LAWS; AND FOR OTHER PURPOSES.

August 19, 2005

City of Canton Public Notice

The City of Canton Mayor and Council will consider approval of a proposed amendment to the City Charter. The meeting will be held on September 1, 2005 at 6:00 p.m. in the Council Chambers at 151 Elizabeth Street, Canton, Georgia 30114. A copy of the proposed amendment will be on file in the City Clerk's office and in the office of the Clerk of Superior Court. For additional information, please contact the City Clerk's office at 770-704-1500.

4398

MUNICIPAL HOME RULE ORDINANCES

SYNOPSIS OF PROPOSED CHARTER AMENDMENT

AN ORDINANCE TO AMEND AND PROVIDE A NEW CHARTER FOR THE CITY OF CANTON; TO PROVIDE FOR INCORPORATION, BOUNDARIES, AND POWERS OF THE CITY; TO PROVIDE FOR A GOVERNING AUTHORITY OF SUCH CITY AND THE POWERS, DUTIES, AUTHORITY, ELECTION, TERMS, METHOD OF FILLING VACANCIES, COMPENSATION, QUALIFICATIONS, PROHIBITIONS, AND REMOVAL FROM OFFICE RELATIVE TO MEMBERS OF SUCH GOVERNING AUTHORITY; TO PROVIDE FOR INQUIRIES AND INVESTIGATIONS; TO PROVIDE FOR ORGANIZATION AND PROCEDURES; TO PROVIDE FOR ORDINANCES AND CODES; TO PROVIDE FOR THE OFFICE OF MAYOR AND CERTAIN DUTIES AND POWERS RELATIVE TO THE OFFICE OF MAYOR; TO PROVIDE FOR ADMINISTRATIVE RESPONSIBILITIES; TO PROVIDE FOR BOARDS, COMMISSIONS, AND AUTHORITIES; TO PROVIDE FOR A CITY ATTORNEY, A CITY CLERK, A CITY TREASURER, AND OTHER PERSONNEL; TO PROVIDE FOR RULES AND REGULATIONS; TO PROVIDE FOR A MUNICIPAL COURT AND A CODE ENFORCEMENT COURT AND THE JUDGE OR JUDGES THEREOF; TO PROVIDE FOR PRACTICES AND PROCEDURES; TO PROVIDE FOR TAXATION AND FEES; TO PROVIDE FOR FRANCHISES, SERVICE CHARGES, AND ASSESSMENTS; TO PROVIDE FOR BONDED AND OTHER INDEBTEDNESS; TO PROVIDE FOR ACCOUNTING AND BUDGETING; TO PROVIDE FOR PURCHASES; TO PROVIDE FOR THE SALE OF PROPERTY; TO PROVIDE FOR BONDS FOR OFFICIALS; TO PROVIDE FOR EMINENT DOMAIN; TO PROVIDE FOR PENALTIES; TO PROVIDE FOR DEFINITIONS AND CONSTRUCTION; TO PROVIDE FOR OTHER MATTERS RELATIVE TO THE FOREGOING; TO REPEAL A SPECIFIC ACT; TO REPEAL CONFLICTING LAWS; AND FOR OTHER PURPOSES.

August 26, 2005

City of Canton Public Notice

The City of Canton Mayor and Council will consider approval of a proposed amendment to the City Charter. The meeting will be held on September 1, 2005 at 6:00 p.m. in the Council Chambers at 151 Elizabeth Street, Canton, Georgia 30114. A copy of the proposed amendment will be on file in the City Clerk's office and in the office of the Clerk of Superior Court. For additional information, please contact the City Clerk's office at 770-704-1500.

GEORGIA LAWS 2014 SESSION

4399

SYNOPSIS OF PROPOSED CHARTER AMENDMENT

AN ORDINANCE TO AMEND AND PROVIDE A NEW CHARTER FOR THE CITY OF CANTON; TO PROVIDE FOR INCORPORATION, BOUNDARIES, AND POWERS OF THE CITY; TO PROVIDE FOR A GOVERNING AUTHORITY OF SUCH CITY AND THE POWERS, DUTIES, AUTHORITY, ELECTION, TERMS, METHOD OF FILLING VACANCIES, COMPENSATION, QUALIFICATIONS, PROHIBITIONS, AND REMOVAL FROM OFFICE RELATIVE TO MEMBERS OF SUCH GOVERNING AUTHORITY; TO PROVIDE FOR INQUIRIES AND INVESTIGATIONS; TO PROVIDE FOR ORGANIZATION AND PROCEDURES; TO PROVIDE FOR ORDINANCES AND CODES; TO PROVIDE FOR THE OFFICE OF MAYOR AND CERTAIN DUTIES AND POWERS RELATIVE TO THE OFFICE OF MAYOR; TO PROVIDE FOR ADMINISTRATIVE RESPONSIBILITIES; TO PROVIDE FOR BOARDS, COMMISSIONS, AND AUTHORITIES; TO PROVIDE FOR A CITY ATTORNEY, A CITY CLERK, A CITY TREASURER, AND OTHER PERSONNEL; TO PROVIDE FOR RULES AND REGULATIONS; TO PROVIDE FOR A MUNICIPAL COURT AND A CODE ENFORCEMENT COURT AND THE JUDGE OR JUDGES THEREOF; TO PROVIDE FOR PRACTICES AND PROCEDURES; TO PROVIDE FOR TAXATION AND FEES; TO PROVIDE FOR FRANCHISES, SERVICE CHARGES, AND ASSESSMENTS; TO PROVIDE FOR BONDED AND OTHER INDEBTEDNESS; TO PROVIDE FOR ACCOUNTING AND BUDGETING; TO PROVIDE FOR PURCHASES; TO PROVIDE FOR THE SALE OF PROPERTY; TO PROVIDE FOR BONDS FOR OFFICIALS; TO PROVIDE FOR EMINENT DOMAIN; TO PROVIDE FOR PENALTIES; TO PROVIDE FOR DEFINITIONS AND CONSTRUCTION; TO PROVIDE FOR OTHER MATTERS RELATIVE TO THE FOREGOING; TO REPEAL A SPECIFIC ACT; TO REPEAL CONFLICTING LAWS; AND FOR OTHER PURPOSES.

Filed in the Office of the Secretary of State August 22, 2013. __________

CITY OF CANTON PURCHASING LIMITS OF CITY MANAGER.

City of Canton State of Georgia County of Cherokee Ordinance 2007021502

An Ordinance to Amend the City of Canton Charter to amend the purchasing limits of the City Manager; and for Other Purposes.

4400

MUNICIPAL HOME RULE ORDINANCES

Whereas, the City of Canton is authorized by the constitution of the State of Georgia to adopt rules, regulations, laws, and ordinances protecting the public health, safety and welfare of the citizens of the City, and;

Whereas, the City of Canton Mayor and Council have deemed it in the best interest of the health, safety and welfare of the citizens of Canton, to adopt an ordinance to amend the City of Canton Charter to amend the purchasing limits of the City Manager:

Section 2.31 Purchasing limits of City Manager

All purchases by the City Manager or contracts to pay out money in excess of the sum of $20,000 shall be approved in writing by the Mayor and Council, or by some person or committee appointed by an ordinance for said person.

All ordinances or parts of ordinances in conflict herewith are hereby repealed.

The above ordinance was read and approved by the Mayor and Council this 15th day of February, 2007.

s/ CECIL PRUETT Cecil Pruett, Mayor

Attest: s/ AIMEE CLINE Deputy Diana Threewitt, City Clerk

1st Reading 02/01/07 2nd Reading 02/15/07

1-12-07 The City of Canton proposes to amend the City Charter within section 2.3.1 to read as follows:

All purchases by the city manager or contracts to pay out money in excess of the sum of $20,000 shall be approved in writing by the major and council, or by some person or committee appointed by an ordinance for said person.

A copy of the proposed amendment is on file with the Canton City Clerk and in the office of the Clerk of Superior Court of Cherokee County for the examination and inspection by the public.

1-19-07 The City of Canton proposes to amend the City Charter within section 2.3.1 to read as follows:

GEORGIA LAWS 2014 SESSION

4401

All purchases by the city manager or contracts to pay out money in excess of the sum of $20,000 shall be approved in writing by the major and council, or by some person or committee appointed by an ordinance for said person.

A copy of the proposed amendment is on file with the Canton City Clerk and in the office of the Clerk of Superior Court of Cherokee County for the examination and inspection by the public.

1-26-07 The City of Canton proposes to amend the City Charter within section 2.3.1 to read as follows:

All purchases by the city manager or contracts to pay out money in excess of the sum of $20,000 shall be approved in writing by the major and council, or by some person or committee appointed by an ordinance for said person.

A copy of the proposed amendment is on file with the Canton City Clerk and in the office of the Clerk of Superior Court of Cherokee County for the examination and inspection by the public.

Filed in the Office of the Secretary of State August 22, 2013. __________

CITY OF CANTON POWERS AND DUTIES OF MAYOR.

ORDINANCE NO. 2013-01

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF CANTON, GEORGIA TO DELETE SECTION 2.35(F) GRANTING THE MAYOR POWER TO SELCT APPOINTED OR EMPLOYED STAFF

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 to deleted Section 2.35(f);

IT IS HEREBY ORDAINED BY THE GOVERNING AUTHORITY OF THE CITY OF CANTON as follows:

4402

MUNICIPAL HOME RULE ORDINANCES

1. The City Charter shall be amended to delete Section 2.35 (f) so that Section 2.35 shall read as follows:

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) Fulfill such other executive and administrative duties as the City Council shall by ordinance establish. (g) Conduct inquiries and investigations into the conduct of the City's affairs and shall have such duties as may be provided by ordinance. (h) 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. (i) Meet with the City Manager on a bi-weekly basis, or as required, for consultation and advice on the affairs of the City.

2. 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.

3. This Ordinance shall be effective as of January 11, 2013 upon adoption by the City Council at two regular consecutive meetings of the City Council and the earlier of the following: the date the Mayor signs the ordinance indicating approval, ten days after the adoption of the ordinance at the second meeting if the Mayor has not signed or vetoed, or immediately upon an affirmative vote of the City Council after the Mayor's veto, whichever shall first occur.

GEORGIA LAWS 2014 SESSION

4403

Attest: Susan Stanton CITY CLERK

Gene Hobgood MAYOR

Approved as to form:

___________________________ Robert M. Dyer, City Attorney

Veto of Charter Amendment To Section 2.35(f):

After careful consideration, I am this date Vetoing City of Canton Charter Amendment as passed by the Canton City Council on December 20, 2012. This amendment eliminates Section 2.35 subsection (f) which allows for the Mayoral appointment of staff. In accordance with the City of Canton Charter, Section 2.22A entitled "Mayor's Veto Power", I am vetoing this Ordinance for the reasons stated below:

(1) The City of Canton with its' population of more than 23,000 deserves a full time Mayor's Office at City Hall. To recognize the distinct difference between the offices of Mayor and that of City Council, one need only to walk in the Mayor's shoes for a short period of time. The Mayor is the focal point of citizen complaints, concerns, requests and comments. The Mayor is the spokesperson on behalf of the City and must attend numerous meetings, ribbon cuttings, conferences and other city related events. Many citizens drop by the Mayors' Office even though the Mayor is part-time and is not in the office at City Hall every day. The Mayor's administrative assistant is usually able to assist those who come in to the Mayor's Office or those who call on the phone with questions, concerns or problems. There are many requests for the Mayor's attendance at special events, civic clubs and organizations and other programs. The Mayor's administrative assistant is essential in maintaining the Mayor's calendar and insuring that the Mayor is in attendance at scheduled events. The Mayor's administrative assistant does research at the Mayor's request on issues of interest to the City as well as other duties as requested by the Mayor. (2) This amendment to the Charter is unnecessary and has little effect on the current operation of the Mayor's Office. The amendment only prevents the Mayor from appointing future staff and is in no way retroactive. The current staff will continue as is but no additional staff will be appointed by the Mayor. While the Mayor is obligated to abide by the amendment if finally approved, no ordinance can be retroactive. (3) The motives behind the passage of this amendment are less than pure. While it was originally stated that it was based on budgetary concerns and saving money, it was later stated by a council member that it was not about saving money but putting the money to better use. To my knowledge there has been no study of the City personnel and staff

4404

MUNICIPAL HOME RULE ORDINANCES

requirements that would indicate such. Numerous positions similar to this are evident throughout the City staff. (4) Without this position and due to the fact that the Mayor is part-time, there would be no oversight of city operations during the Mayor's absence. Eliminating the Mayor's Office at City Hall essentially eliminates the Executive Branch of City Government as one of three branches and upsets the system of checks and balances. (5) I have emails to Mr. Beresford and Mr. Bryan since Thursday, December 27th asking for confirmation regarding the wording of a new Charter Change as prepared by our City Attorney and as included in our January 3rd, 2013 agenda package. As of Sunday afternoon December 30th, I have had no response from Mr. Beresford and only a request to meet next week after the Mayoral ten day veto period from Mr. Bryan. For this reason and the reasons stated above, I am vetoing this Charter Amendment to Section 2.35(f).

Veto: 12/30/12 GH ___________________________ Gene Hobgood, Mayor

_____________________________ Date

Transmitted To City Clerk 12/30/2012

ORDINANCE NO. _______

________________________________________________________________________

First Adoption by Council

________

Second Adoption by Council ________

Approved by Mayor

________

Veto by Mayor

GH 12/30/12

Adoption by Council after Veto 01-03-13

Final Adoption Dat

01-03-13

s/ SUSAN C. STANTON Susan C. Stanton, City Clerk

(SEAL) Effective 01-11-13

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

GEORGIA LAWS 2014 SESSION

4405

in said paper on the 28th day(s) of November 2012, and on the 5th and 12th day(s) of December 2012, as provided by law.

s/ OTIS BRUMBY III

Subscribed and sworn to before me this 12th day of December, 2012

s/ JOLYNNE S. GOOSMAN Notary Public

My commission expires Sept. 15, 2014 (SEAL)

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 removes Charter Section 2.35(f) - Mayor's Powers, which grants the City's Mayor the authority to appoint and/or employ staff.

The fist vote on this Charter Amendment was heard on November 15, 2012. The second reading and final adoption of the ordinance is scheduled for Thursday, December 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.

Filed in the Office of the Secretary of State August 22, 2013. __________

4406

MUNICIPAL HOME RULE ORDINANCES

CITY OF MILTON POWERS; MAYOR AND COUNCIL; ELECTIONS; MEETINGS; ORDINANCES AND TECHNICAL REGULATIONS; DUTIES OF MAYOR; POWERS AND DUTIES OF CITY MANAGER; MEMBERSHIP OF BOARDS, COMMISSIONS, AND AUTHORITIES; CITY ATTORNEY; BUDGETS; CHARTER REVIEW COMMISSION.

STATE OF GEORGIA COUNTY OF FULTON

ORDINANCE NO. 13-09-183

AN ORDINANCE AMENDING THE CHARTER FOR THE CITY OF MILTON, GEORGIA

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 provides that the governing authority of each municipal corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions and regulations relating to its property, affairs, and local government for which no provision has been made by general law and which are not inconsistent with the Constitution or any charter provision applicable thereto; and

WHEREAS, O.C.G.A. 36-35-3 provides that a municipal corporation may, as an incident of its home rule power, amend its charter, except where prohibited pursuant to O.C.G.A. 36-35-6; and

WHEREAS, the Council desires to amend the Charter of the City of Milton so as to update the Act to reflect the current state of the City governance, make certain other updates and corrections as deemed necessary by the Council, repeal conflicting laws, and for other purposes; and

WHEREAS, the modifications provided for in this Ordinance are overwhelmingly the product of recommendations approved by a Charter Commission that was assembled in accordance with the dictates of the Charter, and that met and made formal recommendations of proposed Charter revisions in 2012; and

GEORGIA LAWS 2014 SESSION

4407

WHEREAS, those Charter modifications that could only lawfully be undertaken by the General Assembly have already been adopted by the General Assembly, and the modifications reflected herein are those that can be lawfully completed by home rule; and

WHEREAS, O.C.G.A. 36-35-3 provides that, in order to amend its charter, a municipal corporation must duly adopt ordinances at two regular consecutive meetings of the municipal governing authority, not less than seven (7) nor more than sixty (60) days apart;

WHEREAS, pursuant to O.C.G.A. 36-35-3, a notice, containing a synopsis of the proposed amendment and stating that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the municipal governing authority and in the Office of the Clerk of the Superior Court of Fulton County for the purpose of examination and inspection by the public, shall be published in the official organ of the county of the legal situs of the municipal corporation or in a newspaper of general circulation in the municipal corporation once a week for three weeks within a period of 60 days immediately preceding its final adoption; and

WHEREAS, those requirements applicable to amendments to the charter of a municipal corporation by an ordinance duly adopted by the municipality's governing authority as set forth in O.C.G.A. 36-35-3 have been met and satisfied, and, specifically, notice of the consideration of this Ordinance has been advertised and this Ordinance has been duly adopted by the governing authority at two regularly consecutive meetings in compliance with O.C.G.A. 36-35- 3; and

WHEREAS, in this Ordinance, text that is underlined/bolded shall represent additions to the Charter; text that is stricken-through shall represent deletions from the Charter; and

WHEREAS, a majority of the Council deems it to be in the best interests of the citizens of the City of Milton that the Act be further amended.

NOW THEREFORE, the Council of the City of Milton hereby ordains that the Charter of the City of Milton shall be amended as follows:

Section 1. Section 1.12(b)(38) is amended by striking it in its entirety and replacing it with a new Section 1.12(b)(38) to read as follows:

Special areas of public regulation. To regulate or prohibit junk dealers, pawnshops, pain management clinics, the manufacture, sale, or transportation of intoxicating liquors, and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and

4408

MUNICIPAL HOME RULE ORDINANCES

control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, adult entertainment, and massage parlors;

Section 2. Section 2.10(b) is amended by striking it in its entirety and replacing it with a new Section 2.10(b) to read as follows:

The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified, except as otherwise provided in subsection (d) of Section 2.11 of this Charter. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the Territory for 12 months immediately preceding the election of mayor or councilmembers, shall have attained the age of 21 years prior to the date of qualifying, and, in the case of councilmembers, has been a resident of the district from which he or she seeks election for six months at the time of qualifying for election; each such person shall continue to reside within the city and, in the case of councilmembers, within the district from which he or she was elected during said period of service and shall be registered and qualified to vote in municipal elections of this city. The mayor may reside anywhere within the city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that such person desires his or her name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file said notice within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

Section 3. Section 2.11(b) is amended by striking it in its entirety and replacing it with a new Section 2.11(b) to read as follows:

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."

Section 4. Section 3.10(c) is amended by striking it in its entirety and replacing it with a new Section 3.10(c) to read as follows:

Except for the office of city manager the city council, by resolution, may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs of the government of the city. The council shall prescribe the functions and duties of

GEORGIA LAWS 2014 SESSION

4409

departments, offices, and agencies; may provide that the same person shall fill any number of offices or positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city.

Section 5. Section 3.11(a) is amended by striking it in its entirety and replacing it with a new Section 3.11(a) to read as follows:

The city council shall hold an organizational meeting not later than the first regular meeting in January following an election. The meeting shall be called to order by the mayor-elect and the oath of office shall be administered to the newly elected mayor and councilmembers by a judicial officer authorized to administer the oaths required by Chapter 3 of Title 45 of the O.C.G.A. and the following oath:

"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."

Section 6. Section 3.16 is amended by striking it in its entirety and replacing it with a new Section 3.16 to read as follows:

(a) Any proposal for a new or amended ordinance shall be in writing and in the format 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 Milton hereby ordains ..." and every ordinance shall so begin. (b) A new or amended ordinance may be proposed by the mayor or councilmember at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in section 3.18 of this Charter. After adoption of any ordinance, the clerk shall, as soon as possible, forward an appropriately formatted version of the adopted ordinance to that entity or agency that the city has retained to facilitate the codification and online viewing and download of all city ordinances.

Section 7. Section 3.19(b) is amended by striking it in its entirety and replacing it with a new Section 3.19(b) to read as follows:

Any adopted code of technical regulations shall be forwarded for online codification, viewing and download in the same manner as provided for ordinances in section 3.16(b) and shall otherwise be made available for review and copying upon request in accord with O.C.G.A. 50-18-70, et seq.

4410

MUNICIPAL HOME RULE ORDINANCES

Section 8. Section 3.20(c) is amended by striking it in its entirety and replacing it with a new Section 3.20(c) to read as follows:

The city council shall cause each ordinance and each amendment to this Charter to be promptly delivered in an appropriate format to that entity or agency that the city has retained to facilitate the codification and online viewing and download of all city ordinances, charter amendments, and technical regulations. Ordinances, charter amendments, and technical regulations shall otherwise be available in hard copy format for viewing and copying at the office of the city clerk in conformance with O.C.G.A. 50-18-70, et seq. Following publication of the first Code under this Charter and at all times thereafter, the ordinances and Charter amendments shall be made available, whether in electronic or hard copy format, in substantially the same style as the Code then in effect and shall be suitable in form for incorporation within the Code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the Code.

Section 9. Section 3.22(b) is amended by striking it in its entirety and replacing it with a new Section 3.22(b) to read as follows:

The mayor shall: (1) Preside at all meetings of the city council and participate therein as a voting member, and in the mayor's absence the mayor pro tem shall preside as set forth in Section 3.30; (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 execute 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. The City Council may delegate contract signing authority to the City Manager to the extent allowed by law; (5) See that all laws and ordinances of the city are faithfully executed; (6) Vote on any motion, resolution, ordinance, or other question before the council other than a veto override; (7) Obtain short term loans in the name of the city when authorized by the city council to do so; (8) Have the authority to appoint city council committees and appoint councilmembers to oversee and report on the functions of the various departments of the city, subject to confirmation by the city council; (9) Require the city manager to meet with him or her at a time and place designated for consultation and advice upon the affairs of the city;

GEORGIA LAWS 2014 SESSION

4411

(10) Nominate the city manager, city attorney, chief judge of municipal court, city clerk, and city treasurer, subject to ratification by the city council; provided, however, that if the mayor's nomination is rejected by the city council or the mayor fails to offer a nomination, nominations may be offered by members of the city council; (11) Prepare or have prepared an agenda for each meeting of the city council which shall include all business submitted by the mayor, any councilmember, the city manager, and the city attorney; and (12) Fulfill and perform such other duties as are imposed by this Charter and duly adopted ordinances.

Section 10. Section 3.25(1) is amended by striking it in its entirety and replacing it with a new Section 3.25(1) to read as follows:

Have the authority to hire persons to act as department heads or directors and fill other positions designated by ordinance or resolution and appoint and, when the city manager deems it necessary for the good of the city, suspend or remove any city employees and administrative officers the city manager hires or 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;

Section 11. Section 3.28 is amended by striking it in its entirety and replacing it with a new Section 3.28 to read as follows:

Except for the purpose of inquiries and investigations under section 3.12 of this Charter, the city council and 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 12. Section 3.29 is amended by striking it in its entirety and replacing it with a new Section 3.29 to read as follows:

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

4412

MUNICIPAL HOME RULE ORDINANCES

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 at the next regularly scheduled Council meeting.

Section 13. Section 4.10(e) is amended by striking it in its entirety and replacing it with a new Section 4.10(e) to read as follows:

The city manager may suspend or terminate directors or department heads, so long as the city attorney reviews the facts supporting suspension or termination and concurs such action is appropriate before such action is taken.

Section 14. Section 4.11(b) is amended by striking it in its entirety and replacing it with a new Section 4.11(b) to read as follows:

Every members of any appointed boards, commissions, or authority of the city shall be appointed by a majority vote of the city council for such terms of office and in such manner as shall be provided by ordinance. Unless otherwise provided by ordinance or law, each board, commission, or authority shall consist of seven (7) members with one member being nominated by each member of the city council and the mayor. Unless otherwise provided by ordinance or law, there shall be no requirement that a board, commission or authority member reside in the district of the council member that nominates the member, but all members must be residents of Milton.

Section 15. Section 4.11(g) is amended by striking it in its entirety and replacing it with a new Section 4.11(g) to read as follows:

Any member of a board, commission, or authority may be removed from office by majority vote of the city council.

Section 16. Section 4.12 is amended by striking it in its entirety and replacing it with a new Section 4.12 to read as follows:

The mayor shall nominate and the city council shall confirm by a majority vote a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least 7 years. The city attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall 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

GEORGIA LAWS 2014 SESSION

4413

affairs, and shall perform such other duties as may be required by virtue of the position of city attorney. The city council shall provide for the compensation of the city attorney.

Section 17. Section 6.24 is amended by striking it in its entirety and replacing it with a new Section 6.24 to read as follows:

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 comments and information as the city manager may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

Section 18. Section 6.28(a) is amended by striking it in its entirety and replacing it with a new Section 6.28(a) to read as follows:

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 budget with any recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in section [3.18] of this Charter.

Section 19. Section 7.13 is amended by striking it in its entirety and replacing it with a new Section 7.13 to read as follows:

For municipal elections, the qualified electors of the City of Milton shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."

Section 20. Section 7.14 is amended by striking it in its entirety and marking Section 7.14 "Reserved" as follows:

Section 21. Section 7.15 is amended by striking it in its entirety and replacing it with a new Section 7.15 to read as follows:

4414

MUNICIPAL HOME RULE ORDINANCES

The provisions of this Act shall become of full force and effect for all purposes on December 1, 2006.

Section 22. Section 7.16 is amended by striking it in its entirety and marking Section 7.16 "Reserved" as follows:

Section 23. Section 7.17 is amended by striking it in its entirety and replacing it with a new Section 7.17 to read as follows:

It is the intention of the General Assembly that this Act be construed as directory rather than mandatory with respect to any date prescribed in this Act. If it is necessary to delay any action called for in this Act for providential cause, delay in securing approval under the federal Voting Rights Act, or any other reason, it is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent of this Act.

Section 24. Section 7.18 is amended by striking it in its entirety and replacing it with a new Section 7.18 to read as follows:

At the first regularly scheduled city council meeting in December, 2011, and every 5 years thereafter, the mayor and city council shall call for a Charter commission to review the city's experience and recommend to the General Assembly any changes to the City Charter. Members of the Charter commission shall be appointed as follows: one by the mayor, one by the city council, and one by each member of the Georgia House of Representatives and Senate whose district lies wholly or partially within the corporate boundaries of the City of Milton. All members of the Charter commission must reside in the City of Milton. The commission must complete the recommendations within six months of its creation.

SEVERABILITY

If any portion of this Ordinance or the application thereof shall be held invalid or unconstitutional, the other provisions of this Ordinance shall not be affected, and thus, the provisions of this Ordinance are declared severable.

REPEALER

Any other Ordinance, Resolution, or local law, or portion thereof, now in effect, that is in conflict with any of the provisions of this Ordinance is hereby repealed.

GEORGIA LAWS 2014 SESSION

4415

EFFECTIVE DATE

This Ordinance shall become effective when all required documents have been filed with the Secretary of State and in the Office of the Clerk of Superior Court of Fulton County as required by O.C.G.A. 36-35-5.

ADOPTION AT TWO CONSECUTIVE MEETINGS

This Ordinance was adopted at two (2) regular consecutive meetings of the Council of the City of Milton held on August 19, 2013 and September 4, 2013, as required by O.C.G.A. 36- 35-3.

BE IT SO ORDAINED, this 4th day of September, 2013, by the Council of the City of Milton, Georgia.

Approved: Attest:

_____________________________ Joe Lockwood, Mayor

_______________________ Sudie Gordon, City Clerk (Seal)

CERTIFICATE

I, Sudie AM Gordon, City Clerk and Custodian of Records for the City of Milton, certify that the attached Ordinance No. 13-09-183, An Ordinance amending the Charter for the City of Milton, is a true and correct copy.

This 5th day of September, 2013.

(SEAL)

s/ SUDIE GORDON Sudie AM Gordon City Clerk

4416

MUNICIPAL HOME RULE ORDINANCES

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON, GA

Before me, the undersigned, a Notary Public, this day personally came Susan Hernandez, who, being duly sworn, according to law, says he is an agent of Appen Media Group, Inc. publishers of the Milton Herald, the official newspaper published in Milton, GA., in said county and state, and that the publication of which the Notice of Consideration of City Charter Amendments was published in said newspaper as provided by law on the following dates: August 21, 2013, August 28, 2013, and September4, 2013.

s/ SUSAN HERNANDEZ Susan Hernandez Advertising Assistant

Subscribed and sworn to before me this Sept 6, 2013 Notary Public s/ LISA M WHITE MCKEMEY (SEAL)

NOTICE OF CONSIDERATION OF CITY CHARTER AMENDMENTS

Re: Proposed Amendment to the Charter of the City of Milton, Georgia

Notice is hereby given that the Council of The City of Milton, Georgia will consider amendments to Sections 1.12(b)(38), 2.10(b), 2.11(b), 3.10(c), 3.11(a), 3.16, 3.19(b), 3.20(c), 3.22(b), 3.25(1), 3.28, 3.29, 4.10(e), 4.11(b), 4.11(g), 4.12, 6.24, 6.28(a), 7.13, 7.14, 7.15, 7.16, 7.17, 7.18 of the Charter of the City of Milton, pursuant to the Georgia Constitution, Article IX, Sec. II, Par. II and O.C.G.A. 36-35-1, et. seq., at the Council's regular meetings on August 19, 2013 and September 4, 2013 at 6:00 p.m. in the City Council Chambers located in Suite 107E of City Hall, 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004. The proposed modifications to the Charter of the City of Milton, Georgia are: 1) modification of special areas of regulation which the City is authorized to regulate or prohibit; 2) modifications to strike provisions related to the formation of the City and transition and initiation of City activities and responsibilities; 3) modification of what positions the Council may establish, abolish, merge, or consolidate and the method by which such changes may be accomplished; 4) modification of the timing of the Council's organizational meeting; 5) modification related to the formatting and proposal of new or amended ordinances by the mayor or councilmember; 6) modification of the procedure for distribution of adopted codes of technical regulations, codified ordinances, and Charter amendments; 7) modification of the powers and duties of mayor; 8) modification of the

GEORGIA LAWS 2014 SESSION

4417

powers of the city manager related to hiring of department heads and directors and suspension or removal of City employees and administrative officers; 9) correction of grammatical and citation issues; 10) modification of the procedure to select the mayor pro tempore; 11) modification of the procedure to suspend or terminate department heads; 12) modification of the procedure to appoint members to and remove members from city boards, commissions and authorities; 13) modification of the qualifications required of the City Attorney; 14) modification of submission deadline related to the city's operating budget; 15) modification of submission deadline related to capital improvements budget; and 16) modification of timing regarding formation of a city Charter Commission. Copies of the proposed amendments are on file, and available for the purposes of examination and inspection by the public, with the City Clerk in the City of Milton City Hall and in the Office of the Clerk of Superior Court of Fulton County.

Council of the City of Milton, Georgia

Filed in the Office of the Secretary of State September 9, 2013. __________

CITY OF ATLANTA AUDIT COMMITTEE; CITY AUDITOR ATLANTA, GEORGIA
AN ORDINANCE BY AMENDED BY FINANCE/EXECUTIVE COMMITTEE AN ORDINANCE BY COUNCILMEMBER YOLANDA ADREAN AS AMENDED BY FINANCE/EXECUTIVE COMMITTEE 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 II (LEGISLATIVE), CHAPTER 6 (CITY INTERNAL AUDITOR), SO AS TO AMEND THE ROLES AND RESPONSIBILITIES OF THE AUDIT COMMITTEE AND THE CITY AUDITOR; AND FOR OTHER PURPOSES.

AN ORDINANCE AND CHARTER AMENDMENT BY COUNCILMEMBER YOLANDA ADREAN AS AMENDED BY FINANCE EXECUTIVE COMMITTEE

13-O-1298

AS FURTHER AMENDED BY THE ATLANTA CITY COUNCIL

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, 1996 GA LAWS P. 4469, ET SEQ., ADOPTED UNDER AND BY VIRTUE

4418

MUNICIPAL HOME RULE ORDINANCES

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 II (LEGISLATIVE), CHAPTER 6 (CITY INTERNAL AUDITOR), SO AS TO AMEND THE ROLES AND RESPONSIBILITIES OF THE AUDIT COMMITTEE AND THE CITY AUDITOR; AND FOR OTHER PURPOSES.

WHEREAS, Chapter Six (6) of the Charter of the City of Atlanta ("City") establishes the position of the City Internal Auditor and the City's Audit Committee; and

WHEREAS, Chapter Six (6) of the Charter has not been significantly amended since 1996; and

WHEREAS, since that time, there have been significant developments in the roles, responsibilities and composition of public sector audit committees; and

WHEREAS, pursuant to Section 6-308(a) of the Charter, the governing body, defined as the Atlanta City Council through the Finance/Executive Committee, shall provide annually for an independent audit of the accounts and other evidences of financial transactions of the city and departments, boards, and commissions thereof; and

WHEREAS, pursuant to Section 2-604(c)(5) of the Charter, the City's audit committee is responsible for providing oversight of the external audit efforts and coverage; and

WHEREAS, in the area of procurement for the external financial audit, the Government Finance Officers Association's ("GFOA") Recommended Practices include the use of multiyear agreements and the use of a periodic full scale competitive process with the participation of all qualified firms, and

WHEREAS, GFOA also recommends an audit procurement process structured so that the principal factor in the selection of an independent auditor is the auditor's ability to perform a quality audit; and

WHEREAS, currently, the Charter and the Code of Ordinances of the City do not provide guidance in procuring a quality audit; and

WHEREAS, based on the United States Comptroller General's Government Auditing Standards, the recommended practices of the GFOA and the Association of Local Government Auditors ("ALGA"), and a review of the Audit Committee's composition, role and responsibilities, including the audit procurement process, compared to those of other local government audit committees, it is in the best interest of the City to clearly define the

GEORGIA LAWS 2014 SESSION

4419

roles, responsibilities, and composition of the City's audit committee, and to provide guidance for the committee on procuring a quality external audit and providing oversight of the external audit efforts and coverage, as required by the Charter; and

WHEREAS, the City desires to amend the Charter to better define audit functions within the City.

THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS as follows:

SECTION 1: That Article II (Legislative), Chapter 6 (City Internal Auditor), of the Charter of the City of Atlanta is amended, as set out below in bold and strikeout text, to revise said Chapter as follows:

CHAPTER 6. - CITY INTERNAL AUDITOR Section 2-601. - Selection; removal.

(a) There is hereby created the office of city internal auditor. The city internal auditor must be a certified internal auditor or a certified public accountant, demonstrating at least ten (10) years' experience in public financial and fiscal practices, performance and financial auditing, and municipal accounting. The city internal auditor shall be appointed by a majority of the members of the audit committee for a period of five (5) years, subject to confirmation by a majority of the council. Removal of the city internal auditor from office before the expiration of the designated term shall be for cause by a vote of two-thirds (2/3) of the members of city council. (b) The city internal auditor need not be a resident of the city at the time of his or her appointment, but he or she shall reside in the city within six months of such appointment and continue to reside therein throughout such appointment. (c) The city internal auditor shall not be involved in partisan political activities or the political affairs of the city.

Section 2-602. - Appointment of assistance and employees.

(a) Pursuant to Chapter 114 of the Code of Ordinances and within the budget approval process and established personnel policies for all departments, the city internal auditor shall have the power to appoint, employ, and remove such assistants, employees, and personnel as he or she may deem necessary for the efficient and effective administration of the office. Neither the members of the council, the president of the council, nor the mayor shall in any manner dictate the appointment or removal of any such officer or employee whom the auditor is empowered to appoint. The present employees in the division of internal auditing

4420

MUNICIPAL HOME RULE ORDINANCES

of the finance department are hereby transferred to the city internal auditor's office and shall serve such assistants and employees to the city internal auditor as provided herein. (b) Neither the members of the council, the president of the council, nor the mayor shall in any manner attempt to influence or dictate the appointment or removal of any such officer or employee whom the auditor is empowered to appoint.

Section 2-603. - Powers and duties.

The city internal auditor and city internal auditor's office shall be charged with the following duties and responsibilities: (1) The conduct performance and financial audits of all departments, offices, boards, activities, and agencies of the city in order to independently determine whether: a. Activities and programs being implemented have been authorized by the council, state law, or applicable federal law or regulations and are being conducted and funds expended in compliance with applicable laws; b. The department, office, or agency is acquiring, managing, protecting, and using its resources, including public funds, personnel, property, equipment, and space, economically, efficiently, and effectively and in a manner consistent with the objectives intended by the authorizing entity or enabling legislation; c. The organization, programs, activities, functions, or policies are effective, including the identification of any causes of inefficiencies or uneconomical practices, such as inadequacies in management information systems, internal and administrative procedures, organization structure, use of resources, allocation of personnel, purchasing policies, and equipment; d. The desired result or benefits are being achieved; e. Financial and other reports are being provided that disclose fairly, accurately, and fully all information that is required by law, that is necessary to ascertain the nature and scope of programs and activities, and that is necessary to establish a proper basis for evaluating the results of programs and activities including the collection of, accounting for, and depositing of revenues and other resources; f. Management has established adequate operating and administrative procedures and practices, systems, or accounting internal control systems and internal management controls; and g. Indications of fraud, or abuse or illegal acts are present. (2) To submit at the beginning of each fiscal year an audit schedule to the audit committee for review and comment. The schedule shall include the departments, offices, boards, activities, subcontractors, and agencies subject to audit for the period. This schedule may be amended during the period after review by the audit committee. Additionally, the city auditor may initiate and conduct any other audits deemed necessary; (3) To submit an annual report to the council and mayor indicating audits completed, major findings, corrective actions taken by administrative managers, and significant findings which have not been fully addressed by management;

GEORGIA LAWS 2014 SESSION

4421

(4) To perform such other duties and responsibilities as provided for by this Charter or ordinance.

Section 2-604. - Audit committee; established; powers and duties generally; compensation.

(a) To ensure independence of the audit function, an audit committee is hereby established. The audit committee is an independent management committee and not a public board, commission, or committee as specified in article 3 herein. The audit committee shall comprise five voting members who shall include the mayor or mayor's appointee, the president of the council or the president of council's appointee, and three at-large members appointed by the entire city council. The three at-large members Members shall be residents of the city and shall possess the independence, experience and collective technical expertise necessary to carry out the duties of the Audit Committee. This expertise includes but is not limited to knowledge of financial auditing, performance auditing, financial reporting and accounting. The minimum professional standards for all members shall include at least ten years of experience as a certified public accountant or as a certified internal auditor, or ten years of professional management experience in audit, finance, or law. At all times, at least one member shall be a certified public accountant. with expertise in auditing, preferably internal or management auditing, and shall be either a certified public accountant, certified internal auditor, or certified management auditor Members shall be appointed for four three-year terms and until their successors have been appointed and qualified. The three at-large members of the Audit Committee are limited to two full consecutive terms, with one term intervening before they become eligible for reappointment. Appointments shall be made so that not more than one term of office shall expire in any one year. Members of the committee shall select a chairperson from among its members yearly. (b) The audit committee shall consult with the city internal auditor regarding technical issues and work to assure maximum coordination between the work of the city auditor's office and the needs of the council, the mayor, and departments and the coordination of external audit efforts. (c) The audit committee shall meet as needed to perform its duties but shall not meet less than once quarterly and shall be responsible for: (1) Providing general direction to the audit function by reviewing the auditor's annual audit plan and any proposed amendments thereto and submitting the plan and the committee's recommendations to the council; (2) Reviewing and approving audit reports before the final audit report is issued; (3) Sending copies of draft and final internal audit reports to the mayor, president of the council, and members of the council; (4) Performing an evaluation of the city internal auditor annually and reporting the results of the evaluation and effectiveness of the audit function annually to the council; (5) Providing oversight of the external audit efforts and coverage, pursuant to Section 2-604(d); and

4422

MUNICIPAL HOME RULE ORDINANCES

(6) Performing such other duties as provided for by an ordinance of the council. (d) To assist the City Council in fulfilling the requirements of Charter section 6-308(a) and to the extent that services of an external auditor are otherwise necessary, the city shall employ such outside audit services according to the procedure set forth below: (1) Every five years or at such regular intervals as determined by City Council, an independent public accounting and audit firm must be engaged by the City to conduct the City's annual external audit for a contractual period of up to five years. (2) At the beginning of each competitive selection process, the Audit Committee is authorized to oversee the establishment of a written policy detailing the selection criteria for the financial auditor. (3) The selection of the auditor must be through the use of a competitive process with a comprehensive request for proposals document. The audit committee shall provide guidance to the Department of Procurement in the preparation of the request for proposals, including criteria for selection. (4) The written request for proposals to prospective financial auditors must include the criteria and weightings for the selection. (5) The Audit Committee shall appoint an evaluation committee to review proposals in response to the financial auditor RFP. The evaluation committee shall be composed of at least three (3) members including the mayor's appointee, on the Audit Committee, the president of council's appointee on the audit committee, and one at-large appointee on the audit committee appointed by the City Council. At all times, at least one member shall be a certified public accountant. (6) Each member of the evaluation committee shall assign points to each of the proponents based on a rating scale established by the audit committee. The evaluation committee shall recommend no more than three proponents to the audit committee based on the ratings of each member. (7) The audit committee shall review the recommendations of the evaluation committee and make a final recommendation for selection of the City's financial auditor to the Finance/Executive Committee for consideration. (8) Once the final recommendation for selection has been made to the Finance Executive Committee, for consideration, the selection is to be presented to the City Council for approval. (e) Each member of the audit committee as established by section 2-604 of the Charter of the City of Atlanta who is not an elected official or employee of the City of Atlanta shall be paid $100.00$50.00 as compensation for each meeting of the board the member attends, but in no event shall the total amount paid to any member exceed the sum of $1000.00 500.00 in any one calendar year.

GEORGIA LAWS 2014 SESSION

4423

Section 2-605. - Access to records and property.

(a) All city officers and employees shall allow the city internal auditor immediate access to any and all books, records, documents, personnel, processes (including meetings) and other requested information, including automated data, pertaining to the business of the city and within their custody regarding powers, duties, activities, organization, property, financial transactions, contracts, and methods of business required to conduct an audit or other official duties. In addition, such officers and employees shall provide access for the auditor to inspect all property, equipment, and facilities within their custody. Further, all contracts with outside contractors, vendors and agencies shall include an audit clause to provide for the city auditor's access to all records, and those of their subcontractors, needed to verify compliance with the terms specified in the contract. The City Internal Auditor shall not participate in any activity, decision or meeting that would impair independence of such auditor or violate applicable government auditing standards. (b) The City Internal Auditor shall not publicly disclose any information received during an audit that is considered confidential by nature by any local, state, or federal law or regulation. (c) Any reports issued by the City Internal Auditor shall be made available for public inspection or copying at a reasonable cost pursuant to the Georgia Open Records Act. (d) In the event any city officer or employee shall fail to allow access to any requested information as required in this section, the City Council shall have the power to compel the production of said information by subpoena. If any person duly subpoenaed shall fail to allow access to said information, the City Council shall report such failure to any court of record or judge thereof, who may make such order as shall be proper as to the future production of any such information and who may, after due notice and opportunity to be heard, punish him or her for failure to comply therewith.

Section 2-606. - Quality assurance reviews.

(a) The audit activities of the city internal auditor's office shall comply with the U.S. Comptroller General's Government Auditing Standards, including requirements for periodic external quality assurance reviews ("peer reviews"). A copy of the written report of the independent review shall be furnished to the council, president of the council, mayor, and members of the audit committee and made available to the public. (b) The quality review shall determine compliance with generally accepted governmental auditing standards and the quality of audit effort and reporting, including but not limited to staff qualifications, due professional care, and quality assurance; fieldwork standards such as planning, supervision, and audit evidence; and reporting standards such as report content, presentation, and timeliness. (c) The city shall provide for the cost of peer reviews from funds appropriated to the city internal auditor's budget or other in-kind support as appropriate.

4424

MUNICIPAL HOME RULE ORDINANCES

Section 2-607. - Funding of auditor's office.

The council shall provide funds necessary for the facilities, equipment, and staffing of the city internal auditor's office to carry out the responsibilities specified herein and by ordinance.

Section 2-608. - Special audits.

The president of the council or members of council may request the city auditor to perform special audits or assignments of a limited scope intended to determine the accuracy of information provided to council, costs and consequences of recommendations made to the council, and other information concerning the performance of departments, offices, or agencies of the city. After consultation with the audit committee, a special audit requested by the president of the council or members of the council may become an amendment to the annual audit schedule.

SECTION 2: That all ordinances and parts of ordinances in conflict herewith are hereby waived to the extent of the conflict.

ADOPTED as amended by the Council APPROVED as per City Charter Section 2-403

NOV 18, 2013 NOV 27, 2013

A true copy s/ FARIS WEBB III Deputy Clerk

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 II (LEGISLATIVE), CHAPTER 6 (CITY INTERNAL AUDITOR), SO AS TO AMEND THE ROLES AND RESPONSIBILITIES OF THE CITY AUDITOR AND THE AUDIT COMMITTEE; AND FOR OTHER PURPOSES.

GEORGIA LAWS 2014 SESSION

4425

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 __________________, 2013.

_________________________________ Rhonda Dauphin Johnson Municipal Clerk City of Atlanta

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-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: OCTOBER 31, 2013; NOVEMBER 7, 2013; NOVEMBER 14, 2013

s/ LEVERN MUHAMMAD Levern Muhammad , Legal Notice Clerk [NOTARY SEAL] SWORN TO AND SUBSCRIBED BEFORE ME, THIS 14 DAY OF November, 2013

s/ MARIE GOGGANS (NOTARY SIGNATURE)

PUBLIC NOTICE

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an Ordinance (13-O-1298) 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:

4426

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 II (LEGISLATIVE), CHAPTER 6 (CITY INTERNAL AUDITOR), SO AS TO AMEND THE ROLES AND RESPONSIBILITIES OF THE CITY AUDITOR AND THE AUDIT COMMITTEE; 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 24th day of October, 2013.

Rhonda Dauphin Johnson Municipal Clerk

STATE OF GEORGIA COUNTY OF DEKALB

PUBLISHER'S AFFIDAVIT

Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of Ordinance (13-O-1298) was published in said newspaper on the following date(s): 10/31/13, 11/07/13, 11/14/13

s/ CAROLYN JERNIGAN GLENN CAROLYN J. GLENN, PUBLISHER

Sworn to and subscribed before me this 11/14/13.

s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2014 [NOTARY SEAL]

GEORGIA LAWS 2014 SESSION

4427

CITY OF ATLANTA MUNICIPAL CLERK
PUBLIC NOTICE NOTICE OF PROPOSED
AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA Notice is hereby given that an ++Ordinance (13-O-1298)++ 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 II (LEGISLATIVE), CHAPTER 6 (CITY INTERNAL AUDITOR), SO AS TO AMEND THE ROLES AND RESPONSIBILITIES OF THE CITY AUDITOR AND THE AUDIT COMMITTEE; 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 24th day of October, 2013. Rhonda Dauphin Johnson Municipal Clerk

PUBLISHER 'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON Re: 2175756

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:

4428

MUNICIPAL HOME RULE ORDINANCES

10/31/2013, 11/07/2013, 11/14/2013

s/ PATRICE GRANT Patrice Grant (Agent)

[SEAL] s/ K. MOSLEY Kaweemah Mosley (Notary Public) Subscribed and sworn to before me this 13th of November, 2013.

PUBLIC NOTICE NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA Notice is hereby given that an Ordinance (13-O-1298) 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 II (LEGISLATIVE), CHAPTER 6 (CITY INTERNAL AUDITOR), SO AS TO AMEND THE ROLES AND RESPONSIBILITIES OF THE CITY AUDITOR AND THE AUDIT COMMITTEE; 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 24th day of October, 2013.

Rhonda Dauphin Johnson Municipal Clerk

Filed in the Office of the Secretary of State December 12, 2013.

GEORGIA LAWS 2014 SESSION

4429

CITY OF MACON GENERAL EMPLOYEES' PENSION PLAN; ELIGIBILITY FREEZE.

SPONSOR: MAYOR ROBERT A.B. REICHERT

COMMITTEE AMENDMENT

AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA TO AMEND 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), TO REFLECT THE RESTRUCTURING OF THE GOVERNMENTS OF THE CITY OF MACON, GEORGIA AND BIBB COUNTY, GEORGIA AND THE CREATION OF A NEW POLITICAL BODY CORPORATE UNDER THE NAME OF "MACON-BIBB COUNTY"; TO FREEZE ELIGIBILITY FOR THE PLAN EFFECTIVE AS OF JANUARY, 1, 2014; AND FOR OTHER PURPOSES.

Purpose: To Amend the City of Macon's Charter relating to the general employee's pension plan to reflect the restructuring of the governments into Macon-Bibb County and to freeze eligibility for the Plan.

WHEREAS, Georgia law specifically authorizes local municipalities to amend the provisions of their Charters relating to public retirement 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

WHEREAS, certain provisions of the City of Macon's Charter relating to the Macon Pension and Retirement Systems, Division A (hereinafter "Plan A") must be amended to reflect the restructuring of the governments of the City of Macon, Georgia and Bibb County, Georgia and to freeze eligibility for Plan A effective as of January 1, 2014; 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 amend Plan A to reflect the restructuring of the governments and to freeze eligibility for Plan effective January 1, 2014.

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:

4430

MUNICIPAL HOME RULE ORDINANCES

Section 1.

Articles I thru X 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.) to replace, effective January 1, 2014, the terms "City", "City of Macon", "Macon" or "Employer" with "Macon-Bibb County" wherever it appears therein and to further amend Plan A as provided below:

Section 2.

Amend Section 1.1(c) entitled "Definitions - Employer" by adding the following to the end thereof:

Effective January 1, 2014, the term "Employer" shall mean "Macon-Bibb County" with respect to those employees of Macon-Bibb County who are eligible to continue to participate in the Plan in accordance with Section 2.6.

Section 3.

Amend Section 1.1(e) entitled "Definitions - Employee" by adding an "and" to the end of subsection (2) and adding a new subsection (3) to read as follows:

(3) Who was first employed by the Employer before January 1, 2014.

Section 4.

Amend Section 1.1(h) entitled "Definitions - Service" by deleting the first paragraph thereof and replacing it with the following:

(h) Service: All years and complete months in the employ of the Employer and while a member of this Plan, subsequent to this amendment, plus all service accrued under the provisions of the Plan prior to the date of this amendment, plus any accumulated service credits.

Section 5.

Amend Section 2.1 entitled "Eligibility" by adding the following to the end thereof:

GEORGIA LAWS 2014 SESSION

4431

Except as provided by section 2.6(b) of the Plan, no employee hired or rehired on or after January 1, 2014, shall be eligible to participate in the Plan.

Section 6.

Amend Section 2.3 entitled "Exclusions" by adding an "and" to end of subsection (e) and adding a new subsection (f) to immediately follow subsection (e) which shall read as follows:

(f) Any employee hired or rehired on or after January 1, 2014.

Section 7.

Amend Article II entitled "Eligibility and Participation" by adding the following new Section 2.6 to the end thereof:

2.6 Continued participation by certain employees of Macon-Bibb County.

(a) Each employee whose employment is transferred from the City of Macon or Bibb County, Georgia, effective as of January 1, 2014, in connection with the restructured government pursuant to an act of the Georgia General Assembly, and who was participating in the Plan on December 31, 2013, shall continue to participate in the Plan after his or her employment is transferred to Macon-Bibb County. Such employees' Average Monthly Compensation and years of Service shall include his or her Compensation and Service with Macon-Bibb County on and after January 1, 2014, 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 Macon-Bibb County. Such employee's Pension shall be calculated in accordance with the Pension formula and other terms and conditions of the Plan as in effect on December 31, 2013, except to the extent required by applicable law. (b) Any Participant whose job is abolished pursuant to Section 30(e) of HB 1171 and who is rehired by Macon-Bibb County before the end of the calendar year, shall not have a termination of employment for purposes of this Plan. (c) In no event shall any eligible employee accrue benefits under this Plan for periods of Service performed for Bibb County, Georgia, the City of Macon, Georgia, or Macon-Bibb County, if such service is taken into account for the purposes of benefit accrual under another qualified defined benefit plan sponsored by Bibb County, Georgia, the City of Macon, Georgia, or Macon-Bibb County.

4432

MUNICIPAL HOME RULE ORDINANCES

Section 8.

Amend Section 8.1 entitled "Appointment, composition and terms" in its entirety to read as follows:

8.1 The Plan shall be administered by a retirement committee who shall be appointed by the mayor and confirmed by the Macon-Bibb County Commission. 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 services rendered as committee members.
The committee shall be comprised of seven (7) members as listed below. The individual members of the committee serving immediately prior to January 1, 2014, shall continue to serve for the respective terms of their post as determined prior to January 1, 2014, unless said appointee ceases to meet the eligibility requirement set out for the Post, in which case such appointee shall serve until a successor has been selected and qualified.
Post 1, Post 2, and Post 3 shall be filled by employees of the Employer who are participants in the Plan.
Post 4 and Post 5 shall be filled by two (2) Macon-Bibb County Commissioners. Post 6 shall be filled by a retired participant in the Plan. Post 7 shall be filled by a citizen of Macon-Bibb County who is knowledgeable in investment finance. 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 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. Filling more than one half of an unexpired term shall constitute a full 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 Commissioners.

Section 9.

Amend Section 9.2 entitled "Reemployment of retired employees" to add the following to the end thereof:

Provided, however, a retired employee who is receiving pension payments and is reemployed by the Employer on or after January 1, 2014, shall not be eligible to accrue any future benefits under this Plan after such reemployment.

GEORGIA LAWS 2014 SESSION

4433

Section 10.

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 11.

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 12.

All ordinances or parts thereof in conflict with this Ordinance are hereby repealed.

FIRST PASSAGE OF CHARTER AMENDMENT

SO ORDAINED this 19th day of November, 2013.

s/ JAMES TIMLEY James E. Timley, President of City Council

SO APPROVED this 20th day of November, 2013.

s/ ROBERT A. B. REICHERT Robert A.B. Reichert, Mayor

SECOND PASSAGE OF CHARTER AMENDMENT

SO ORDAINED this 3rd day of December, 2013.

s/ JAMES E. TIMLEY James E. Timley, President of City Council

SO APPROVED this 5th day of December, 2013.

4434

MUNICIPAL HOME RULE ORDINANCES

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 11-19-2013

Witness my hand and seal of the City of Macon this 11-20-2013

s/ JOYCE R. HUMPHREY Clerk of Council

SUBMITTED TO MAYOR'S OFFICE November 20, 2013 RETURNED FROM MAYOR'S OFFICE November 22, 2013 1:40 PM

City of Macon, Ga.

I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 12-3-2013

Witness my hand and seal of the City of Macon this 12-4-2013

s/ JOYCE R. HUMPHREY Clerk of Council

SUBMITTED TO MAYOR'S OFFICE December 4, 2013 RETURNED FROM MAYOR'S OFFICE December 6, 2013 4:55 PM

STATE OF GEORGIA COUNTY OF BIBB

Personally appeared before me, a notary public within and for above state and county, Dianne Buck, who deposes and says she is the Classified Manager 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:

GEORGIA LAWS 2014 SESSION

4435

11/16/2013 11/23/2013 11/30/2013

2937582 # 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 reflect the consolidation of the governments of the City of Macon and Bibb County into Macon-Bibb County and to freeze eligibility for the plan effective as of January 1, 2014. 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. #2937582: 11/16, 23, 30

SIGNED s/ DIANNE BUCK

Sworn to and subscribed before me this 30 day of NOVEMBER 2013

Notary Public s/ KELLY HARRIS [SEAL]

PUBLIC NOTICE

The City of Macon proposes to amend Appendix II of its Charter related to the general employees' pension plan to reflect the consolidation of the governments of the City of Macon and Bibb County into Macon-Bibb County and to freeze eligibility for the plan effective as of January 1, 2014. 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 December 26, 2013. __________

CITY OF MACON MACON FIRE AND POLICE EMPLOYEES' RETIREMENT SYSTEM; ELIGIBILITY FREEZE.

SPONSOR: MAYOR ROBERT A.B. REICHERT

COMMITTEE AMENDMENT

AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA TO AMEND 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), TO REFLECT THE RESTRUCTURING OF THE GOVERNMENTS OF THE CITY OF MACON,

4436

MUNICIPAL HOME RULE ORDINANCES

GEORGIA, AND BIBB COUNTY, GEORGIA, AND THE CREATION OF A NEW POLITICAL BODY CORPORATE UNDER THE NAME OF "MACON-BIBB COUNTY"; TO FREEZE ELIGIBILITY FOR THE PLAN EFFECTIVE AS OF JANUARY, 1, 2014; AND FOR OTHER PURPOSES.

Purpose: To Amend the City of Macon's Charter relating to the Macon Fire and Police Employees' Retirement System to reflect the restructuring of the governments into Macon- Bibb County and to freeze eligibility for the Plan.

WHEREAS, Georgia law specifically authorizes local municipalities to amend the provisions of their Charters relating to public retirement 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

WHEREAS, certain provisions of the City of Macon's Charter relating to the Macon Fire and Police Employees Retirement System (hereinafter the "Plan") must be amended to reflect the restructuring of the governments of the City of Macon, Georgia, and Bibb County, Georgia, and to freeze eligibility for the Plan effective as of January 1, 2014; 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 amend the Plan to reflect the restructuring of the governments and to freeze eligibility for the Plan effective January 1, 2014.

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 X 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.) to replace, effective January 1, 2014, the term "City", "Employer", "City of Macon", or "Macon" with "Macon-Bibb County" wherever it appears therein, and to further amend the Plan as provided below:

GEORGIA LAWS 2014 SESSION

4437

Section 2.

Amend Section 3 of Article I entitled "Definitions - City" by adding the following to the end thereof:

Effective January 1, 2014, the term "City" shall mean "Macon-Bibb County" with respect to those employees of Macon-Bibb County who are eligible to continue to participate in the Plan in accordance with Section 3 of Article II.

Section 3.

Amend Section 8 of Article I entitled "Definitions - Employee" by replacing it with the following:

Employee shall mean all full-time permanent firefighters and police officers employed by the City prior to January 1, 2014.

Section 4.

Amend Section 9 of Article I entitled "Definitions - Service" by adding the following to the end thereof:

Effective January 1, 2014, service shall include all years and complete months of employment with Macon-Bibb County while a member of this Plan, excluding any period of employment during which the employee is on authorized leave of absence without pay for more than 30 days.

Section 5.

Amend Section 1 of Article II entitled "Eligibility" by adding the following to the end thereof:

No employee hired or rehired on or after January 1, 2014, shall be eligible to participate in the Plan.

Section 6.

Amend Article II entitled "Eligibility and Membership" by adding the following new section 3 to the end thereof:

4438

MUNICIPAL HOME RULE ORDINANCES

(3) Continued participation by certain employees of Macon-Bibb County. (a) Each employee whose employment is transferred from the City of Macon or Bibb County, Georgia, effective as of January 1, 2014, in connection with the restructured government pursuant to an act of the Georgia General Assembly, and who was participating in the Plan on December 31, 2013, shall continue to participate in the Plan after his or her employment is transferred to Macon-Bibb County. Such employees' Average Monthly Compensation and years of Service shall include his or her Compensation and Service with Macon-Bibb County on and after January 1, 2014, 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 Macon-Bibb County. Such employee's Pension shall be calculated in accordance with the Pension formula and other terms and conditions of the Plan as in effect on December 31, 2013, except to the extent required by applicable law. (b) In no event shall any eligible employee accrue benefits under this Plan for periods of service performed for Bibb County, Georgia, the City of Macon, Georgia, or Macon-Bibb County, if such service is taken into account for the purposes of benefit accrual under another qualified defined benefit plan sponsored by Bibb County, Georgia, the City of Macon, Georgia, or Macon-Bibb County.

Section 7.

Amend Section 5 of Article V entitled "Recoupment of credit for prior service" to add the following to the end thereof:

Provided however, any employee who is reemployed on or after January 1, 2014, may not pay any amounts into the system to recoup credit for past service nor will such employee be eligible to participate in the Plan after reemployment.

Section 8.

Amend Section 1 of Article VII entitled "Appointment and term of office" in its entirety to read as follows:

The Board shall consist of five (5) active members. The individual members of the Board serving immediately prior to January 1, 2014, shall continue to serve for their respective terms as determined prior to January 1, 2014, unless said member ceases to meet the eligibility requirements set out below, in which case the member shall serve until a successor has been selected and qualified. The five members shall consist of two (2) Commissioners appointed by the Mayor, one (1) employee representative of the sheriff's department (formerly the City of Macon, Georgia police department) who participates in the Plan, chosen by a majority vote of the Plan

GEORGIA LAWS 2014 SESSION

4439

participants who were police officers, both active and retired, one employee representative (1) of the fire department who participates in the Plan, chosen by a majority vote of the firefighters both active and retired, and a private resident of Macon-Bibb County (who is knowledgeable in investment finance), to be selected by the above-mentioned four. Every other term, the employee representative to the Board from the firefighters and from the police officers shall be a retiree and on the alternative 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 resident member, as 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 alternative so that there will be only one (1) retiree representative on the Board and one (1) active duty representative on the Board at any time. The Macon-Bibb County attorney shall serve as legal counsel for and advisor to the Board.

Section 9.

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 10.

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 11.

All ordinances or parts thereof in conflict with this Ordinance are hereby repealed.

FIRST PASSAGE OF CHARTER AMENDMENT

SO ORDAINED this 19th day of November, 2013.

s/ JAMES E. TIMLEY James E. Timley, President of City Council

4440

MUNICIPAL HOME RULE ORDINANCES

SO APPROVED this 20th day of November, 2013.

s/ ROBERT A.B. REICHERT Robert A.B. Reichert, Mayor

SECOND PASSAGE OF CHARTER AMENDMENT

SO ORDAINED this 3rd day of December, 2013.

s/ JAMES E. TIMLEY James E. Timley, President of City Counsel

SO APPROVED this 5th day of December, 2013.

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 11-19-2013

Witness my hand and seal of the city of Macon this 11-20-2013

s/ JOYCE R. HUMPHREY Clerk of Council

SUBMITTED TO MAYOR'S OFFICE November 20, 2013

RETURNED FROM MAYOR'S OFFICE November 22, 2013 1:40 PM

City of Macon, Ga.

I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 12-3-2013

Witness my hand and seal of the city of Macon this 12-4-2013

GEORGIA LAWS 2014 SESSION

4441

s/ JOYCE R. HUMPHREY Clerk of Council

SUBMITTED TO MAYOR'S OFFICE December 4, 2013

RETURNED FROM MAYOR'S OFFICE December 6, 2013 4:55 PM

STATE OF GEORGIA COUNTY OF BIBB

Personally appeared before me, a notary public within and for above state and county, Dianne Buck, who deposes and says she is the Classified Manager 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:

11/16/2013 11/23/2013 11/30/2013

2937562 # GEORGIA, BIBB COUNTY PUBLIC NOTICE -The City of Macon proposes to amend Appendix III of its Charter related to the Macon Fire and Police Employees' Pension Plan to reflect the consolidation of the governments of the City of Macon and Bibb County into Macon-Bibb County and to freeze eligibility for the plan effective as of January 1, 2014. 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. #2937562: 11/16, 23, 30

SIGNED s/ DIANNE BUCK

Sworn to and subscribed before me this 30 day of NOVEMBER 2013

Notary Public s/ KELLY HARRIS [SEAL]

PUBLIC NOTICE

The City of Macon proposes to amend Appendix III of its Charter related to the Macon Fire and Police Employees' Pension Plan to reflect the consolidation of the governments of the City of Macon and Bibb County into Macon-Bibb County and to freeze eligibility for the

4442

MUNICIPAL HOME RULE ORDINANCES

plan effective as of January 1, 2014. 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 December 26, 2013. ___________

CITY OF ROSWELL MUNICIPAL COURT; PERSONNEL.

STATE OF GEORGIA CITY OF ROSWELL

Ordinance No. 2013-11-13
First Reading: November 13, 2013 Second Reading: November 25, 2013

ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ROSWELL PURSUANT TO O.C.G.A. 36-35-3 SO AS TO PROVIDE FOR COURT PERSONNEL FOR THE EFFECTIVE OPERATION OF THE MUNICIPAL COURT OF ROSWELL AND THE TIMELY ADMINISTRATION OF JUSTICE; TO PROVIDE FOR AUTHORITY; TO PROVIDE FOR OTHER MATTERS RELATIVE THERETO; TO APPEAL CONFLICTING LAWS AND ORDINANCES; AND FOR OTHER PURPOSES

WHEREAS, State law provides that the governing authority of each municipal corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government for which no provision has been made by general law; and

WHEREAS, the Mayor and Council of the City of Roswell are charged with the protection of the public health, safety and welfare; and

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL FOR THE CITY OF ROSWELL AND IT IS HEREBY ORDAINED AND ESTABLISHED BY SAID AUTHORITY, THAT THE MAYOR AND COUNCIL HEREBY ADOPT THE FOLLOWING ORDINANCE:

1.

The Charter of the City of Roswell is amended by deleting Section Ch. 7.100 Court Services, Section Ch. 7.110 Clerk of Court, Section Ch. 7.120 Solicitor and Deputy

GEORGIA LAWS 2014 SESSION

4443

Solicitors, Section Ch. 7.130 Marshals and Section Ch. 7.140 Other Court Personnel in their entirety and adding a new Section Ch. 7.100 to read as follows:

Section Ch. 7.100 Court Personnel The City shall be authorized to provide for such Court personnel as deemed appropriate
for the effective operation of the Municipal Court of the City and the timely administration of justice.

2. This ordinance is enacted pursuant to the authority granted to municipal governing authorities in Chapter 35 of Title 36 of the O.C.G.A. known as "The Municipal Home Rule Act of 1965".

3.

Severability. Should any court of competent jurisdiction declare any section or part of this Ordinance invalid or unconstitutional, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof, which is not specifically declared to be invalid or unconstitutional.

4.

Repeal of Conflicting Provisions. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed.

5.

Renumbering. It is the intention of the Mayor and Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, City of Roswell, Georgia and the sections of this Ordinance may be renumbered to accomplish such intention.

This Ordinance shall take effect and be in force from and after the day of its adoption, the public welfare demanding it.

The above Ordinance was read and approved by the Mayor and Council of the City of Roswell, Georgia, on the 25th day of November 2013.

s/ JERE WOOD Jere Wood, Mayor

4444

MUNICIPAL HOME RULE ORDINANCES

Attest:

s/ MARLEE PRESS Marlee Press, City Clerk

SEAL

s/ JERRY ORLANS Councilmember Jerry Orlans

s/ REBECCA WYNN Councilmember Rebecca Wynn

s/ BETTY PRICE Councilmember Betty Price

s/ Councilmember Richard Dippolito

s/ KENT IGLEHEART Councilmember Kent Igleheart

s/ NANCY DIAMOND Councilmember Nancy Diamond

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON Re: 2171878

Before me, the undersigned, a Notary Public, this day personally came Patrice Grant who, being duly sworn, according to law, says she is an agent of ALM Media, LLC., publishers of the Daily Report, the official newspaper published in Atlanta, GA, in said county and state, and that the publication, of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates:

10/24/2013, 10/31/2023, 11/07/2013

s/ PATRICE GRANT Patrice Grant

s/ K. MOSLEY Kaweemah Mosley - Notary Public Subscribed and sworn to before me this December 17, 2013

K MOSLEY NOTARY PUBLIC DEKALB COUNTY, GEORGIA MY COMMISSION EXPIRES FEBRUARY 4, 2014

GEORGIA LAWS 2014 SESSION

4445

CITY OF ROSWELL PUBLIC NOTICE

Pursuant to Section 36-35-3 of the Official Code of Georgia Annotated, notice is given that within 60 days the governing authority for the City of Roswell will adopt an ordinance amending the Charter of the City of Roswell which amends, consolidates, revises and sets forth provisions relating to the Municipal Court of the City of Roswell. The proposed changes are as follows:

The Charter of the City of Roswell is amended by deleting Section Ch. 7.100 Court Services, Section Ch. 7.110 Clerk of Court, Section Ch. 7.120 Solicitor and Deputy Solicitors, Section Ch. 7.130 Marshals and Section Ch. 7.140 Other Court Personnel in their entirety and adding a new Section Ch. 7.100 to read as follows:

Section Ch. 7.100 Court Personnel

The City shall be authorized to provide for such Court personnel as deemed appropriate for the effective operation of the Municipal Court of the City and the timely administration of justice.

A copy of the proposed amendment is on file in the office of the City Clerk of the City of Roswell in Roswell City Hall and is on file in the office of the Clerk of the Superior Court of Fulton County in the Fulton County Courthouse. The amendment is on file in said offices for the purpose of examination and inspection by the public. This proposed ordinance to amend the Charter is scheduled for first reading at the regular meeting of Mayor and Council on November 13, 2013.

#2171878:10/24-3pdg

CERTIFICATE

I, Marlee Press, the Clerk and Custodian of Records for the City of Roswell, certify that the attached are true and correct copies on file in the City of Roswell:

1) Ordinance No. 2013-11-13, Ordinance to Amend the Charter of the City of Roswell Pursuant to O.C.G.A. 36-35-3 so as to Provide for Court Personnel for the Effective Operation of the Municipal Court of Roswell and the Timely Administration of Justice; to Provide for Authority; To Provide for Other Matters Relative Thereto; To Repeal Conflicting Laws and Ordinances; and for Other Purposes adopted by the Mayor and Council of the City of Roswell on November 25, 2013; 2) The notice of publication from the Daily Report dated Thursday, October 24, 2013; and

4446

MUNICIPAL HOME RULE ORDINANCES

3) An affidavit of a duly authorized representative of the Daily Report newspaper in which the notice was published.

This 20th day of December 2013.

(Seal)

s/ MARLEE PRESS Marlee Press City of Roswell

Filed in the Office of the Secretary of State January 9, 2014. __________

CITY OF SNELLVILLE SPECIAL MEETINGS; MANNER OF NOTIFICATION.

HRO 2013-05 City of Snellville Gwinnett County, Georgia

A HOME RULE ORDINANCE TO AMEND 2.19(b) TO THE CHARTER OF THE CITY OF SNELLVILLE, GEORGIA TO INCLUDE ELECTRONIC COMMUNICATIONS AS A VALID MEANS OF NOTIFICATION OF SPECIAL MEETINGS; 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:

Section 2.19(b) of the Charter of the City of Snellville which currently reads as follows:

"...Section 2.19. - Regular and special meetings.

(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

GEORGIA LAWS 2014 SESSION

4447

councilmember's presence. Only the business stated in the call may be transacted at the special meeting."

Is hereby amended to read as follows:

"...Section 2.19. - Regular and special meetings.

(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, by telephone, or by electronic communications to the designated e-mail address for such communications at the City of Snellville [DESIGNATED E-MAIL ADDRESS] 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."

All ordinances or parts of ordinances in conflict with this amendment are hereby repealed.

This ordinance shall be effective upon the date of its adoption set forth below.

Adopted this 28 day of October, 2013.

s/ KELLY D. KAUTZ Kelly D. Kautz, Mayor

s/ TOM WITTS Tom Witts, Mayor Pro Tem

ATTEST:

s/ DAVE EMANUEL Dave Emanuel, Council Member

s/ MELISA ARNOLD Melisa Arnold, City Clerk

s/ BOBBY HOWARD Bobby Howard, Council Member

4448

MUNICIPAL HOME RULE ORDINANCES

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

s/ MIKE SABBAGH 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 1 page(s).

Witness my hand and seal of the City this 4th day of Feb. 2014.

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, Vice President of SCNI, which publishes 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

Ad No.: 157188 Name and File No.: 10/14, 28 HOME RULE ORD a true copy of which is hereto attached, was published in said newspaper on the following date(s): 10/10/13 Thu 10/17/13 Thu 10/24/13 Thu

GEORGIA LAWS 2014 SESSION

4449

s/ J. K. MURPHY J. K. Murphy, SCNI Vice President of Content

s/ TODD CLINE By: Todd Cline Editor

Sworn and subscribed before me 10/29/13

s/ TINA L. PARTRIDGE Notary Public My commission expires June 23, 2015 [SEAL]

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. 36-35-3(b)(1) of an ordinance to amend its charter at 7:30 p.m. on Monday, October 14, 2013, with the second reading and final adoption scheduled at 7:30 p.m. on Monday, October 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 Section 2.19(b) to the Charter of the City of Snellville, Georgia to include electronic communications as a valid means of notification of the Mayor and Council of a special call meeting; 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 928-157188, 10/10, 17, 24

Filed in the Office of the Secretary of State February 18, 2014. __________

4450

MUNICIPAL HOME RULE ORDINANCES

TOWN OF MORELAND MEETINGS.

ORDINANCE TO AMEND SECTIONS 2.02 AND 2.03 OF THE CHARTER OF THE TOWN OF MORELAND, GEORGIA

WHEREAS, in accordance with the home rule power of O.C.G.A. 36-35-3, the Mayor and the Board of Aldermen of the Town of Moreland, Georgia, find that it is in the best interest of the public health, safety and welfare to amend the Charter of the Town of Moreland by amending Sections 2.02 and 2.03;

NOW, THEREFORE, be it ordained that Sections 2.02 and 2.03 of the Charter of the Town of Moreland, Georgia are hereby amended as follows:

Section 2.02 Qualifications and Election of Mayor and Aldermen

Paragraph (b) of this section which states: "The Mayor and Aldermen shall meet at least once each month. The regular meeting shall be on the first Tuesday of each month," is struck in its entirety.

Section 2.03 Governing Body.

The third grammatical sentence of this section which states: "The Board of Aldermen shall hold regular meetings at a stated time and place, as provided by Ordinance," shall be amended such that it states "The Board of Aldermen shall hold regular meetings at a stated date, time and place, as provided by Ordinance."

First Reading: 7-7-2014

SO ORDAINED in lawfully assembled open session this 4th day of MARCH, 2014.

s/ RICHARD FORD MAYOR

s/ ALLYN BELL

s/ DAVID LEE

s/ TROY PAYNE

s/ JEFFERY BURGESS

GEORGIA LAWS 2014 SESSION

4451

s/ JAMES HAYNES Clerk

Affidavit of Publication

STATE OF GEORGIA } COUNTY OF COWETA } SS

William W. Thomasson, being duly sworn, says:

That he is The Publisher of the Newnan Times-Herald, a daily newspaper of general circulation, printed and published in Newnan, Coweta County, Georgia; that the publication, a copy of which is attached hereto, was published in the said newspaper on the following dates:

January 16, 2014, January 23, 2014

That said newspaper was regularly issued and circulated on those dates.

SIGNED

s/ WILLIAM W THOMASSON The Publisher

Subscribed to and sworn to me this 23rd day of January 2014.

[SEAL]

s/ STACIE LEA KITTLE Stacie Lea Kittle, Notary, Coweta County, Georgia

My commission expires: December 06, 2017

PUBLIC NOTICE SYNOPSIS OF PROPOSED AMENDMENT TO THE CHARTER OF THE TOWN OF MORELAND

Pursuant to the provisions of the Municipal Home Rule Act of 1965 (O.C.G.A. 36-35-1, et seq) the Board of Aldermen of the Town of Moreland herewith gives notice of its intent

4452

MUNICIPAL HOME RULE ORDINANCES

to amend the Charter of the Town of Moreland by Ordinance introduced at its regular meeting on January 7, 2014 and to be adopted in final form at its regular public meeting on February 4, 2014.

Sections 2.02 and 2.03 of the Charter of the Town of Moreland will be amended to remove the requirement that meetings of the Board of Aldermen be held on the first Tuesday of each month and to provide that the date, time and place of their regular meetings shall be provided by Ordinance.

A copy of the proposed ammendment is on file and available for examination and inspection in the office of the Clerk of the Town of Moreland, and in the office of the Clerk of Superior Court of Coweta County during normal business hours. The Clerk of the Town of Moreland shall furnish anyone, upon request, a copy of the proposed amendment.

This 7th day of January, 2014

MORELAND BOARD OF ALDERMEN BY: DICK FORD, MAYOR S. Mark Mitchell City Attorney McKee & Mitchell, LLC 19 Spring Street Newnan, GA 30263 No. 58985-1-16-23

Affidavit of Publication

STATE OF GEORGIA } COUNTY OF COWETA } SS

William W. Thomasson, being duly sworn, says:

That he is The Publisher of the Newnan Times-Herald, a daily newspaper of general circulation, printed and published in Newnan, Coweta County, Georgia; that the publication, a copy of which is attached hereto, was published in the said newspaper on the following dates:

February 13, 2014

That said newspaper was regularly issued and circulated on those dates.

GEORGIA LAWS 2014 SESSION

4453

SIGNED

s/ WILLIAM W THOMASSON The Publisher

Subscribed to and sworn to me this 13th day of February 2014.

[SEAL]

s/ STACIE LEA KITTLE Stacie Lea Kittle, Notary, Coweta County, Georgia

My commission expires: December 06, 2017

PUBLIC NOTICE SYNOPSIS OF PROPOSED AMENDMENT TO THE CHARTER OF THE TOWN OF MORELAND

Pursuant to the provisions of the Municipal Home Rule Act of 1965 (O.C.G.A. 36-35-1, et seq) the Board of Aldermen of the Town of Moreland herewith gives notice of its intent to amend the Charter of the Town of Moreland by Ordinance introduced at its regular meeting on January 7, 2014 and to be adopted in final form at its regular public meeting on February 4, 2014.

Sections 2.02 and 2.03 of the Charter of the Town of Moreland will be amended to remove the requirement that meetings of the Board of Aldermen be held on the first Tuesday of each month and to provide that the date, time and place of their regular meetings shall be provided by Ordinance.

A copy of the proposed ammendment is on file and available for examination and inspection in the office of the Clerk of the Town of Moreland, and in the office of the Clerk of Superior Court of Coweta County during normal business hours. The Clerk of the Town of Moreland shall furnish anyone, upon request, a copy of the proposed amendment.

This 7th day of January, 2014

4454

MUNICIPAL HOME RULE ORDINANCES

MORELAND BOARD OF ALDERMEN BY: DICK FORD, MAYOR S. Mark Mitchell City Attorney McKee & Mitchell, LLC 19 Spring Street Newnan, GA 30263 No. 59166-2-13

Filed in the Office of the Secretary of State March 7, 2014. __________

CITY OF LEESBURG CITY MANAGER; APPOINTMENT, QUALIFICATIONS, POWERS, DUTIES, COMPENSATION, AND REMOVAL.

ORDINANCE TO AMEND THE CITY CHARTER SETTING FORTH THE PARTICULARS OF THE DUTIES OF THE CITY MANAGER FOR THE CITY OF LEESBURG, GEORGIA

-1-

BE IT RESOLVED by the Mayor and Council of the City of Leesburg, Georgia, and it is hereby resolved by authority of same:

WHEREAS, the Mayor and Council of the City of Leesburg, Georgia desire to amend the City Charter to expand upon the provision which allows for a City Manager by setting forth particular appoint, qualifications, compensation, removal, acting City Manager, powers and duties and council interference with administration;

WHEREAS, the Mayor and Council of the City of Leesburg, Georgia desire to have the City Manager serve as the chief executive officer with the authority to hire and fire employees as well as the power to create, realign and dissolve the various departments, offices and agencies of the City;

NOW THEREFORE, the Mayor and Council of the City of Leesburg, Georgia hereby adopt an Amendment to the City Charter as restated in its entirety and set for the in particular in Exhibit "A" attached hereto and expressly incorporated by reference as if fully set forth herein.

GEORGIA LAWS 2014 SESSION

4455

-2-

The previous portions of the City Charter which are inconsistent with the provisions contained in Exhibit "A" are hereby repealed as of the effective date of this ordinance, which shall be November 7, 2013, upon approval of the City Council following adoption of same at two regular consecutive meetings of the City Council of the City of Leesburg, Georgia, which were held on Tuesday, October 1, 2013, and Thursday, November 7, 2013, said meetings being held less than sixty (60) days apart.

-3-

A notice of the containing a synopsis of the proposed amendment shall be published in The Lee County Ledger, which is the official organ for the City of Leesburg and Lee County, Georgia where the City of Leesburg is located. Such notice shall be published once a week for three (3) weeks within a period of sixty (60) days immediately preceding the final adoption of this Ordinance. Such notice shall state that a copy of this proposed amendment to the charter is on file in the Office of the Clerk for the City of Leesburg and in the Office of the Clerk of the Superior Court of Lee County, Georgia for inspection and review by members of the general public.

-4-

The Clerk of the City of Leesburg and the Clerk of the Superior Court of Lee County, Georgia shall post a copy of this proposed amendment where legal notices are posted in the respective City Hall and Courthouse. Each such clerk shall file a written certification as to the fact that same was posted with start and finish dates to include at least three (3) weeks.

-5-

Upon the adoption of this Ordinance on November 7, 2013, a certified copy of the Ordinance amending the Charter of the City of Leesburg, Georgia, shall be forwarded for filing with the Secretary of State for the State of Georgia, as provided for in O.C.G.A. 36-35-1, et seq.

-6-

Any ordinance or portion of any ordinance which is inconsistent with the provisions of this ordinance is hereby repealed.

4456

MUNICIPAL HOME RULE ORDINANCES

CITY OF LEESBURG

ATTEST:

By: s/ JIM QUINN Mayor

s/ CASEY W. MOORE City Clerk

First Reading, Adopted: s/ CASEY W. MOORE 10/1/13 Second Reading, Adopted: s/ CASEY W. MOORE 11/7/13

EXHIBIT A

PART I

CHARTER*

Article I. City of Leesburg Sec. 1.10. Incorporation. Sec. 1.11. Incorporation. Sec. 1.12. Corporate boundaries. Sec. 1.13. Specific Powers. Sec. 1.14. General Powers. Sec. 1.15. Construction. Sec. 1.16. Exercise of Powers. Sec. 1.17. Ordinances.

Article II. Legislative Branch Sec. 2.10. Creation; composition; number; election. Sec. 2.11. Terms and Qualification of Office. Sec. 2.12. Vacancy; Forfeiture of Office; Filling of Vacancies. Sec. 2.13. Compensation and Expenses. Sec. 2.14. Prohibitions. Sec. 2.15. Inquiries and Investigations. Sec. 2.17. General Power and Authority of the Council. Sec. 2.20. Chief Executive Officer. Sec. 2.21. Term; Qualification; Compensation. Sec. 2.22. Powers and Duties. Sec. 2.23. Mayor Pro Tem.

GEORGIA LAWS 2014 SESSION

4457

Article III. Executive Branch Organization and General Provisions Sec. 3.10. Administrative and Service Departments. Sec. 3.20. City Manager. Sec. 3.21 Appointment; Qualifications; and Compensation. Sec. 3.22 Removal of City Manager Sec. 3.23 Acting City Manager. Sec. 3.24 Powers and Duties of City Manager. Sec. 3.25 Council Interference with Administration. Sec. 3.30 City Attorney.

Administrative Officers Section 3.40. City Clerk. Sec. 3.41. Tax Collector. Sec. 3.42. City Accountant. Sec. 3.43. Consolidation of Functions

Personnel Administration Section 3.50. Position Classification and Pay Plans. Sec. 3.51. Personnel Policies.

Article IV. Elections Representation - General Provisions Sec. 4.10. Regular Elections; Time for Holding.

Conduct of Elections Section 4.11. Regular Elections; Time for Holding. Sec. 4.20. Applicability of General Laws. Sec. 4.21 Special Elections; Vacancies.

Article V. Miscellaneous Sec. 5.10. Specific Repealer. Sec. 5.11. Laws in conflict with Act repealed.

*Editor's note-Printed herein is 1973 Ga. Laws, page 2851, as adopted by the Georgia General Assembly. Amendments to this act are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original 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.

4458

MUNICIPAL HOME RULE ORDINANCES

CHARTER

AN ACT

To create a new charter for the City of Leesburg, Georgia, and to repeal and replace the charter provided by an Act establishing a new charter for the Town of Leesburg, approved December 21, 1898 (1898 Ga. Laws, page 204), as amended; to provide for all matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I. CITY OF LEESBURG

Section 1.10. Incorporation.

This Act shall constitute the whole charter of the City of Leesburg repealing and replacing the charter provided by an Act of the General Assembly approved December 21, 1898 (1898 Ga. Laws, page 204), as amended. The City of Leesburg, Georgia, in the county of Lee and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the same name and style of City of Leesburg, Georgia, and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure.

Section 1.11. Incorporation.

The City of Leesburg, Georgia, in the County of Lee, and the inhabitants thereof shall continue to be a body politic and corporate under the same name and style of the City of Leesburg, Georgia. Under that name, said City shall continue to be vested with all of the property and rights of property which now belong to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell, or dispose of the same; may have a common seal and alter and renew the same at will; and may exercise in conformity with this Charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever.

GEORGIA LAWS 2014 SESSION

4459

Section 1.12. Corporate boundaries.

(a) The boundaries of the City of Leesburg shall be as follows:

All that tract or parcel of land lying and being all of Land Lots 44, 45, 46, 47, 50, 51, 52, 53, 76, 77, 78, 79, 81, 82, 83, and a portion of Land Lot 84 in the Second Land District, Lee County, Georgia, and being more particularly described as follows:

Beginning at the southwest corner of Land Lot 76 and from said Point of Beginning proceed in an easterly direction along the southern boundary line of said Land Lot 76 to the southeastern corner of said Land Lot 76, which is also the northwest corner of Land Lot 84; thence proceed south along the western boundary line of Land Lot 84 to the point where said western boundary line intersects the southern right-of-way line of Georgia Highway Route 32; thence proceed in an easterly direction along the southern right-of-way line of said Georgia Highway Route 32 to the point where said right-of-way line intersects the western right-of-way line of U.S. Highway 19; thence proceed south along the western right-of-way line of U.S. Highway 19 to the point where such right-of-way line intersects the southern boundary line of Land Lot 84; thence proceed in an easterly direction along said southern boundary line and along the southern boundary lines of Land Lots 83, 82, and 81 to the southeastern corner of Land Lot 81; thence proceed north along the eastern boundary of Land Lot 81 to the northeast corner of said Land Lot 81; thence proceed west along said northern boundary line of Land Lot 81 to the southeast corner of Land Lot 79; thence proceed north along the eastern boundary line of Land Lot 79 until said line intersects with the northern right-of-way line of Georgia Highway Route 32; thence proceed south 89 degrees 20 minutes 00 seconds west a distance of 249.10 feet to a point; thence proceed north 02 degrees 11 minutes 00 seconds east a distance of 600.01 feet to a point; thence proceed south 89 degrees 20 minutes 00 seconds west a distance of 75.00 feet to a point; thence proceed north 02 degrees 11 minutes 00 seconds east a distance of 200.00 feet to a point; thence proceed north 89 degrees 20 minutes 00 seconds east a distance of 75.00 feet to a point; thence proceed north 02 degrees 11minutes 00 seconds east a distance of 221.31 feet to a point; thence proceed south 87 degrees 34 minutes 23 seconds west a distance of 168.01 feet to a point; thence proceed north 01 degrees 32 minutes 03 seconds west a distance of 215.00 feet to a point; thence proceed north 89 degrees 37 minutes 41 seconds east a distance of 122.35 feet to a point; thence proceed north 01 degrees 43 minutes 19 seconds west a distance of 219.86 feet to a point; thence proceed north 89 degrees 37 minutes 41 seconds east a distance of 235.94 feet to a point on the eastern boundary line of Land Lot 50; thence proceed north along the eastern boundary lines of Land Lots 50 and 47 to the northeastern corner of Land Lot 47; thence proceed west along the northern boundary lines of Land Lot 47, land Lot 46 and Land Lot 45 to the point where the northern boundary line of Land Lot 45 intersects the western right-of-way line of the Old Smithville Road also known as the Jones Place Road; thence proceed south along said western right-of-way line of the Old

4460

MUNICIPAL HOME RULE ORDINANCES

Smithville Road a distance of 2,132.94 feet to a point; thence proceed north 89 degrees 55 minutes west a distance of 1,496.61 feet to a point on the eastern right-of-way line of the Central of Georgia Railroad; thence proceed north 22 degrees 52 minutes west along the eastern right-of-way line of the Central of Georgia Railroad until said right-of-way line intersects the northern boundary line of Land Lot 45; thence proceed west along the northern boundary lines of Land Lot 45 and Land Lot 44 to the northwest corner of Land Lot 44; thence proceed south along the western boundary lines of Land Lots 44, 53, and 76 to the Point of Beginning.
(b) The boundaries of the city shall be shown on a map or a written description or a combination of the two maintained in the office of the city clerk, which map shall be kept at all times current. Copies of such map or description certified by the city clerk shall be admitted in evidence in all courts and shall have the same force and effect as the original map or description. (1996 Ga. Laws, page 4109)

Section 1.13. Specific Powers.

The corporate powers of the government of the City of Leesburg, to be exercised by the governing authority, may include the following:
(1) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions, and to license and regulate such privileges, occupations, trades and professions, and to provide for the manner and method of payment of such licenses and taxes; (3) 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) 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; (5) 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; (6) 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; (7) To condemn property, inside or outside the corporate limits of the City for present or future use, and for any corporate purpose deemed necessary by the governing authority, under Section 36-202 of the Code of Georgia, 1933, or under other applicable Public Acts as are or may be enacted;

GEORGIA LAWS 2014 SESSION

4461

(8) To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; (9) To grant franchises or make contracts for public utilities and public services, not to exceed periods of 5 years; to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Public Service Commission; (10) To lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the City; (11) To grant franchises and rights-of-way throughout the streets and roads for the use of public utilities; (12) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, air ports, hospitals, and charitable, cultural education, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities; and any other public improvements, inside or outside the corporate limits of the City; and to regulate the use thereof; and for such purposes, property may be acquired by condemnation under Section 36-202 of the Code of Georgia, 1933, or other applicable Public Acts, as are or may be enacted; (13) To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes and to regulate all housing, building, and building trades; to license all building trades, and to license the construction and erection of buildings and all other structures. The provisions of this subsection shall not be construed to authorize the establishment of standards for, or the regulation of the electrical wiring and equipment by or for a utility rendering communication services and required by it to be utilized in the rendition of its duly authorized service to the public; (15) To provide for the prevention and punishment of drunkenness, riots, and public disturbances;

4462

MUNICIPAL HOME RULE ORDINANCES

(16) To regulate or prohibit junk dealers; pawnshops; the use and sale of firearms; and to regulate the transportation, storage and use of combustible, explosive and inflamma-ble materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; (17) To regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; (18) To license, tax, regulate, or prohibit professional fortunetelling or palmistry; (19) 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; (20) To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (21) 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; (22) To fix and establish fire limits and from time to time to extend, enlarge or restrict [the] same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to firefighting, and to prescribe penalties and punishment for violation thereof; (23) To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (24) 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; (25) To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax, or fee, for such services as may be necessary in the operation of the City from all individuals, firms, and corporations residing in or doing business therein benefitting from such services; to enforce the payment of such charges, taxes or fees, and to provide for the manner and method of collecting such service charges; (26) To levy a fee, charge of [a] sewer tax as necessary to ensure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on the users of sewers and the sewerage system a sewer service charge[,] fee or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; (27) To charge, impose and collect a sewer connection fee or fees, and to charge the same from time to time; such fees to be levied on the users connecting with the sewerage system; (28) To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the City and to provide for the enforcement of such standards;

GEORGIA LAWS 2014 SESSION

4463

(29) To define a nuisance and provide for its abatement whether on public or private property; (30) 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; (31) To establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing, for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the City and to provide for the enforcement of such standards; (32) To provide that persons given jail sentences in the recorder's court shall work out such sentence in any public works or on the streets, roads, drains and squares in the City; or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (33) To adopt ordinances and regulations for the prevention of loitering, disorderly conduct, public drunkenness and disturbing the peace in the corporate limits of the City and to prohibit the playing of lotteries therein, and to prohibit or regulate by ordinance such other conduct and activities within said City which, while not constituting an offense against the laws of this State, is deemed by the governing authority to be detrimental and offensive to the peace and good order of the City or to the welfare of the citizens thereof; (34) To regulate and license, or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane destruction, when not redeemed as provided by ordinance; to provide punishment for violation of ordinance enacted hereunder; (35) 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; (36) 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 and rent parking spaces in public ways for the use of such vehicles; (37) To provide and maintain a system of pensions and retirement for officers and employees of the City; (38) To levy and provide for the collection of special assessments to cover the costs for any public improvements; (39) To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be furnished and payments to be made therefor; (40) To create, alter or abolish departments, boards, offices, commissions and agencies of the City, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same;

4464

MUNICIPAL HOME RULE ORDINANCES

(41) To make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the City and the inhabitants thereof, and for preserving the health, peace, order and good government of the City; (42) To provide penalties for violations of any ordinance adopted pursuant to the authority of this Charter and the laws of the State of Georgia; (43) To exercise the power of arrest through duly appointed policemen; (44) 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; (45) 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 enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this Charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers; but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. (46) There shall be and there is hereby established in and for the City of Leesburg to be conducted in such manner and at such time, except Sunday as the The City Council may prescribe, a Municipal Court in which a Municipal Court Judge shall be the presiding officer, in case of the absence or disability of the presiding officer for any cause, a Municipal Court Judge or any Judge in any court of record which regularly hears traffic offenses or ordinance violations may preside. The procedure for appointment, compensation, qualifications and tenure of the Municipal Judge, shall be set forth by the City Council in ordinances addressing the same. The procedure in said court, with reference to the conduct and trial of cases therein, not in conflict with this section of the Charter or the general law shall be prescribed by the City Council or by rule or order of the presiding officer thereof not in conflict with the Charter or City Ordinance on the subject, and the City Council shall have the power to provide by ordinance for the compulsory attendance of all persons violating any municipal ordinance before said Municipal Court, by summons or copy of charges, to answer the offense charged, and when employed, such summons or copy of the charges shall be issued as provided for subpoenas and shall contain a summary or simple statement of the offense charged, and disobedience of said summons or copy of charges shall be punished as provided for disobedience of subpoenas.
(1) Jurisdiction: Authority to Punish: Extent of Penalty, Etc. Said Municipal Court shall have jurisdiction to try all offenders against the laws and ordinances of the City of Leesburg committed within the corporate limits or police jurisdiction, and to punish

GEORGIA LAWS 2014 SESSION

4465

persons convicted in said court of violating such laws and ordinances in a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment in the Lee County Jail or other place provided, or by compulsory labor on the streets or other public works or community service not to exceed six (6) months and either one or more of such punishments may be imposed, or the several punishments may be cumulative, or the fines may be imposed with alternative of such imprisonment or compulsory labor or coerced or enforced by said punishment or labor; provided, that the punishments, within the limits prescribed, shall only be imposed by said court in the amount and manner prescribed by the penal ordinances of said city, but in the event no penalty be provided for the doing of which is made unlawful by ordinances, the court shall have power to proceed to impose the punishments as herein enumerated. The jurisdiction of said Municipal court shall further extend to the investigation of any charge involving or amounting to a violation of the penal laws of the State of Georgia, when such charge is entered upon the docket of said court and when the offense is alleged to have been committed within the corporate or police limits of the city, and provided such charges are made in writing and verified to the best of the knowledge and belief of the person making the same. (2) Powers of Presiding Officer Generally: Contempt, Etc. The presiding officer of said court shall have the same power as judges of the superior court of this state to punish for contempt of said city recorder's court by a fine not to exceed two hundred fifty dollars ($250.00) or imprisonment in the Lee County Jail, or other place provided, or in Lee County jail not to exceed 10 days, and either or both of said punishments may be imposed in the discretion of the court, or the fine may be imposed with the alternative of such imprisonment, or coerced by such imprisonment. Said presiding officer of said court shall be to all intents and purposes a Magistrate insofar as to enable him or her to issue warrants for offenses committed within the City of Leesburg or its police jurisdiction against the penal laws of this state, this either before a hearing or trial of the charge in said Municipal court; provided, the affidavit required by law to obtain warrants is first made before said presiding Officer, which warrant may be executed by any member of the police force of the city. Said presiding officer of said court as such ex officio Magistrate, shall have the power and authority to commit to the jail of Lee County offenders against the law of the State of Georgia, and to admit them to bail, in bailable cause, for their appearance at the next term of the court of competent jurisdiction to be held in and for the County of Lee, after legal investigation, and shall, if the evidence in the trial of an offense against the ordinances of the city discloses the violation of any state law, have the power to bind the defendant over as above set forth. (3) Powers of Presiding Officer as to Penalties: The presiding officer of said court shall have the right and power to vacate or reduce penalties imposed by him at any time he deems such action to be in the interest of justice. He shall also have the power to suspend sentences and to permit them to be served on probation; and may affix to such suspension or probation such terms and conditions of suspension or probation as he shall consider reasonable and proper, including, but not limited to, those conditions of probation which

4466

MUNICIPAL HOME RULE ORDINANCES

Superior Court judges are authorized by law to impose. He may revoke any suspended or probated sentence for breach of condition after reasonable notice and hearing and require the remainder of the sentence to be served or carried out. Notwithstanding any of the foregoing provisions, however, no fines which have been paid and collected shall be refunded in whole or in part except by the City Council upon the written recommendation of the presiding officer who imposed the fine. (4) Dockets: Notice of Accusation, Etc. There shall be kept in such Court one or more dockets, upon which shall appear the names of each person arrested by the officers and members of the police force in the city for any offense against the municipal ordinances or penal law, and such person brought before said court by summons, warrant or other right issued therefrom, to answer for the violation of any ordinance of the city or any state penal law, together with the names of the witnesses against them, and a summary or simple statement of the offenses with which they are charged, which statement shall be deemed sufficient notice to or accusation of the accused, provided, the City Council may prescribe such additional notice or accusation as they may deem proper. Upon the trial of such persons the sentence imposed or the disposition of the same shall be entered in writing opposite the name and charge, by the presiding officer of said court, which respective entries signed by the presiding officer shall constitute the judgment of the recorder's court in such respective case. (5) Authority to Compel Attendance by Subpoena, Disobeying Subpoena, Etc. Said court shall have the power to compel the attendance of witnesses in all proceedings before the court by subpoena (which subpoena) may be issued by the chief of police or any member of the police force or city clerk, and shall bear test in the name of the presiding officer and shall contain a brief statement of the case, the time set for the trial or hearing and the time at which the person subpoenaed shall appear. The presiding officer of said court shall have the power to punish any person disobeying said subpoena of court, within the limits of punishment in this Act prescribed. Such subpoena shall be served by any officer or member of the police force of the city. Any person who may be charged with contempt of court as hereinafter provided, may be arrested, by an attachment or warrant written or signed by the presiding officer in said court, which said attachment or warrant may be executed by any member of the police force. (6) Ministerial Officers. The ministerial officers of said court shall be the chief and other members of the police force, any of whom may execute the mandates of the court and to whom, in the alternative, all mesne and final processes shall be directed. (7) Right of Certiorari: The right of certiorari from the decision and judgment of the recorder's court shall exist in all cases and shall be exercised under the provision of the laws of the State of Georgia in such cases made and provided. (8) Forfeiture of Appearance Bond. In any case where any person has deposited a sum of money as a bond for the appearance in said recorder's court of a person charged with an offense which said court has jurisdiction to try, such sum of money shall be forfeited by the owner thereof and to be paid over by said recorder's court to the city treasurer as

GEORGIA LAWS 2014 SESSION

4467

the property of the City of Leesburg, in the event the party does not appear at the time appointed, for whose appearance such sum of money was deposited as a bond. (9) Failure to Appear: Scire Facias. When any bond is given by any person charged with an offense against the ordinances or arrested for such offense, for his or her appearance at any session of the recorder's court, and such person so giving bond shall fail to appear at the time appointed in said bond for his or her appearances, then the presiding officer in said court shall issue a scire facias against the principal as and his or her security calling on them to show cause, in said court at the time specified in said scire facias, why said bond should not be forfeited, which said scire facias shall be served by any member of the police force of the City of Leesburg at least two days prior to the return day thereon upon the principal and sureties personally or in the absence of either from the county or state, then by one newspaper publication of said scire facias two days before the return thereof. Ifat the return time of said scire facias in said court no sufficient cause be shown to the contrary, judgment shall be entered upon said bond against said principal and his or her sureties. On the entering of said judgment the city clerk shall issue execution against the principal and his surety, in conformity with such judgment, and in the form and manner prescribed for execution issued by the city for taxes, and which execution shall be placed in the hands of the chief of police who shall proceed to collect the same as tax executions are collected by the city. (10) Sentences involving Labor: Persons sentenced to labor by said recorder's court shall be turned over to the superintendent of streets or other officer in charge of the streets and public works, to be put to work on said streets or public works in or around said City. (11) Costs: The City Council of the City of Leesburg shall have the power to provide by ordinance for the charge and collection of all items of cost in cases brought into said recorder's court, such as are incident and lawfully chargeable to the prosecution of said case. (12) Failure to Pay Fine or Cost: Collection: Upon the failure or refusal of any person to pay any fine or cost imposed by said recorder's court the same may, in addition to other methods, be enforced and collected by an execution issued and directed as is provided for the issuance and collection of tax executions by the city, and sales thereunder shall be conducted in the same manner. (13) Issuance of Warrant for Violation of Ordinances: Upon complaint being filed with the recorder or Mayor, or in their absence or disability to act, any member of the City Council by affidavit or such other manner as he may require that any person has violated any municipal ordinance or law, said Mayor or recorder shall have the power to issue a warrant for the arrest of said offender, which warrant shall be directed to the chief of police, his deputy or any member of the police force of the City and shall be signed by said Mayor or recorder. The City Council of Leesburg may also appoint one or more persons as warrant commissioners who shall be authorized to issue warrants for violations of city ordinances upon affidavit of a complainant that such offense has been committed. Said Warrant Commissioner[s] shall not be sworn or uniformed police officers, and shall

4468

MUNICIPAL HOME RULE ORDINANCES

have no duties in regard to the prosecution, conviction or punishment of offenders against City ordinances. (1977 Ga. Laws, page 4639, 1)

Section 1.14. General Powers.

In addition to all other powers herein granted, the City shall be vested with any and all powers which municipal corporations are or may hereafter be authorized or required to exercise under the Constitution and laws of the State of Georgia, as fully and completely as though such powers were specifically enumerated herein; and any and all powers which the City was heretofore authorized to exercise upon the effective date of this Charter.

Section 1.15. Construction.

The powers of the City shall be construed liberally and in favor of the City. The specific mention or failure to mention particular powers in this Charter shall not be construed as limiting in any way the general power of the City as stated in this Charter. It is the intention hereof to grant the City full power and right to exercise all governmental authority necessary for the effective operation and conduct of the City and all of its affairs.

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 powers, functions, rights, privileges, and immunities shall be carried into execution as provided by ordinance of the governing authority and as provided by pertinent laws of the State of Georgia.

Section 1.17. Ordinances.

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

ARTICLE II. LEGISLATIVE BRANCH

Section 2.10. Creation; composition; number; election.

The legislative authority of the government of the City of Leesburg, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a

GEORGIA LAWS 2014 SESSION

4469

mayor and six councilmen. The mayor and councilmen shall be elected in the manner provided by Article IV of this charter. (1981 Ga. Laws, page 3583, 1)

Section 2.11. Terms and Qualification of Office.

The members of the Council shall serve for terms of 4 years, except as provided in Article IV of this Charter, and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless he shall have been a resident of the City for a period of 1 year immediately prior to the date of the election of mayor or members of the Council and shall continue to reside therein during his period of service, and shall be registered and qualified to vote in municipal elections of the City of Leesburg, and unless he shall meet the qualification standards required for members of the Georgia House of Representatives, as are now or may in the future be prescribed by the Georgia Constitution. (1981 Ga. Laws, page 3583, 2)

Section 2.12. Vacancy; Forfeiture of Office; Filling of Vacancies.

(a) Vacancies. The office of mayor or councilman 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 laws of the State of Georgia. (b) Forfeiture of Office. The mayor or any councilman shall forfeit his office if he: (1) lacks at any time during his term of office any qualifications of the office as prescribed by this Charter or the laws of the State of Georgia; (2) willfully and knowingly violates any express prohibition of this Charter; or (3) is convicted of a crime involving moral turpitude. (c) Filling of Vacancies. A vacancy in the office of mayor or councilman shall be filled for the remainder of the unexpired term, if any, as provided for in Article IV [of this Charter].

Section 2.13. Compensation and Expenses.

The council shall establish the salary of the councilmembers and the mayor. The salary of the councilmembers shall be not less than $300.00, nor more than $1,800.00 per year, paid in such manner as the council shall determine. The salary of the mayor shall be two times the salary set for the councilmembers and the salary of the mayor pro tempore shall be one and one-half times the salary set for the councilmembers, and salaries shall be paid in the same manner as for the councilmembers. The mayor and councilmembers shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. (1995 Ga. Laws, page 4136, 1)

4470

MUNICIPAL HOME RULE ORDINANCES

Section 2.14. Prohibitions.

(a) Holding other Office. Except as authorized by law, no member of the Council shall hold any other elective City office or City employment during the term for which he was elected. (b) Voting When Personally Interested. Neither the mayor nor any other member of the Council shall vote upon any question in which he is personally interested.

Section 2.15. Inquiries and Investigations.

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.

Section 2.17. General Power and Authority of the Council.

(a) Except as otherwise provided by law or by this Charter, the Council shall be vested with all the powers of government of the City of Leesburg as provided by Article I. (b) In addition to all other powers conferred upon it by law, the Council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules and regulations, not inconsistent with this Charter, the Constitution, and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Leesburg and may enforce such ordinance by imposing penalties for violation thereof. (c) The council may by ordinance create, change, alter, abolish, or consolidate offices, agencies, and departments, of the City and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this Charter.

Section 2.20. Chief Executive Officer.

The City Manager shall be the chief executive of the City of Leesburg. He or she shall possess, have, and exercise all of the executive and administrative powers granted to the City under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this Charter.

GEORGIA LAWS 2014 SESSION

4471

Section 2.21. Term; Qualification; Compensation.

The mayor shall be elected for a term of 4 years, except as provided in Article IV of this Charter, and until his successor is elected and qualified. He shall be a qualified elector of the City of Leesburg, shall meet the qualifications required of members of the State House of Representatives by the Georgia Constitution, and shall have been a resident of the City of Leesburg for a period of l year immediately preceding his election. He shall continue to reside in the City of Leesburg during the period of his service. The compensation of the mayor shall be $600.00 per year. (1981 Ga. Laws, page 3583, 3)

Section 2.22. Powers and Duties.

The mayor shall: (a) see that all laws and ordinances of the City are faithfully executed; (b) recommend to the Council such measures relative to the affairs of the City, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient; (c) call special meetings of the Council; (d) perform other duties as may be required by law, this Charter or ordinance.

Section 2.23. Mayor Pro Tem.

During the absence or disability of the mayor for any cause, the mayor pro tem, or in his or her absence or disability for any reason, any one of the council members chosen by the Council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. The compensation of the mayor pro tem shall be $380.00 per year.

ARTICLE III. EXECUTIVE BRANCH

Organization and General Provisions

Section 3.10. Administrative and Service Departments.

(a) The Council, by ordinance, may establish, abolish, merge, or consolidate offices, positions of employment, departments and agencies of the City, as they shall deem necessary for the proper administration of the affairs and government of the City. The Council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of

4472

MUNICIPAL HOME RULE ORDINANCES

employment; and may transfer or change the function or duties of offices, positions of employment, departments and agencies of the City. (b) The operations and responsibilities of each department now or hereafter established in the City shall be distributed among such divisions or bureaus as may be provided by ordinance of the Council. Each department shall consist of such officers, employees, and positions as may be provided by this Charter or by ordinance, and shall be subject to the general supervision and guidance of the mayor and Council. (c) Except as otherwise provided by this Charter, the directors of departments and other appointed officers of the City shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this Charter for an original appointment. (d) Except as otherwise provided 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. (e) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance of the City Council.

Section 3.20. City Manager.

The Council may appoint a City Manager. The Council may specifically delegate the City manager any of the administrative or budgetary duties of the mayor.

Section 3.21. Appointment; Qualifications; and Compensation.

The City Council shall appoint a City Manager for an indefinite term and fix the manager's compensation. The manager shall be appointed solely on the basis of executive and administrative qualifications. The manager shall have the minimum qualifications as set forth by the City Council.

Section 3.22. Removal of the City Manager.

The City Manager is employed at will and may be summarily removed from office at any time by the City Council.

Section 3.23. Acting City Manager.

By letter filed with the City Clerk, the City Manager shall designate, subject to approval of the City Council, a qualified department head within the City of Leesburg 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 such absence or disability, the City Council may revoke such designation at any time and appoint another employee or elected official

GEORGIA LAWS 2014 SESSION

4473

of the City to serve until the City Manager shall return or the City Manager's disability shall cease.

Section 3.24. 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:
(a) Appoint and, when the City Manager deems it necessary for the city, suspend or remove all city employees and administrative officers the manager appoints, except as otherwise provided by law or 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 law; (c) Attend all City Council meetings except for executive sessions held for the purposes of deliberating on the appointment, discipline or removal of the City Manager and have the right to take part in discussion but not vote; (d) See that all laws, provisions of this charter, and acts of the City Council, subject to enforcement by the City Manager or by officers subject to the City Manager's direction and supervision, are faithfully executed; (e) Prepare and submit the annual operating budget and capital budget to the City Council; (f) Submit to the City Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year; (g) Make such other reports as the City Council may require concerning the operations of city departments, offices and agencies subject to the City Manager's direction and supervision; (h) Keep the City Council fully advised as to the financial condition and future needs of the City, and make such recommendations to the City Council concerning the affairs of the City as the City Manager deems desirable; and (i) Perform other such duties as are specified in this charter or as may be required by the City Council.

Section 3.25. Council Interference with Administration

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

4474

MUNICIPAL HOME RULE ORDINANCES

Section 3.30. City Attorney.

The 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 representing and defending the City in all litigation in which the City is a party; may be the prosecuting officer in the recorder's 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 of him by virtue of his position as City attorney.

Administrative Officers

Section 3.40. City Clerk.

The Council may appoint a City Clerk to keep a journal of the proceedings of the City Council and to maintain in a safe place all records and documents pertaining to the affairs of the City, and to perform such other duties as may be required by law or as the Council may direct.

Section 3.41. Tax Collector.

The Council may appoint a tax collector to collect all taxes, licenses, fees and other monies belonging to the City subject to the provisions of this Charter and the ordinances of the City, and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities.

Section 3.42. City Accountant.

The Council may appoint a City accountant to perform the duties of an accountant.

Section 3.43. Consolidation of Functions.

The Council may consolidate any two or more of the positions of City Clerk, City tax collector, and City accountant, or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. The City Manager may also, with the approval of the City Council, perform all or any part of the functions of any of the positions or offices in lieu of appointing other persons to perform the same.

GEORGIA LAWS 2014 SESSION

4475

Personnel Administration

Section 3.50. 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. Said plans may apply to all employees of the City of Leesburg, and of any of its agencies and offices. When a pay plan has been adopted the Council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan.

Section 3.51. Personnel Policies.

The City Manager shall present to the City Council for its adoption, rules and regulations consistent with this Charter concerning: (1) the method of employee selection and probationary periods of employment; and (2) the administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; and (4) such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the City of Leesburg.

ARTICLE IV. ELECTIONS

Representation - General Provisions

Section 4.10. Regular Elections; Time for Holding.

Repealed by 1981 Ga. Laws, page 3583, 4.

Conduct of Elections

Section 4.11. Regular elections; time for holding.

On the Tuesday immediately following the first Monday in November 1981, an election shall be held for a mayor and six councilmen who shall take office on the first Tuesday in February 1982. Three councilmen, whose offices are hereby designated as Post 1, Post 2 and Post 3, respectively, shall serve for a term ending December 31, 1985, and three councilmen, whose offices are hereby designated Post 4, Post 5 and Post 6, respectively, shall serve for a term ending December 31, 1983. On the Tuesday immediately following the first Monday in November 1983, and on the Tuesday immediately following the first Monday in November every four years thereafter, an election shall be held for Post 4, Post 5 and Post 6,

4476

MUNICIPAL HOME RULE ORDINANCES

with said councilmen to take office on the first day in January following their election. On the Tuesday immediately following the first Monday in November 1985, and on the Tuesday immediately following the first Monday in November every four years thereafter, an election shall be held for a mayor and Post 1, Post 2 and Post 3 of the council who shall take office on the first day in January following their election. (1981 Ga. Laws, page 3583, 4)

Section 4.20. Applicability of General Laws.

The procedures and requirements for election of all elected officials of the City of Leesburg as to primary, special or general elections shall be in conformity with the provisions of the Georgia Municipal Election Code approved April 4, 1968, (1968 Ga. Laws, page 885) as now or hereafter amended.

Section 4.21. Special Elections; Vacancies.

In the event that the office of mayor or councilman shall become vacant for any cause whatsoever, the Council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, if such vacancy occurs within 6 months of the expiration of the term of office of the mayor or any councilman, said vacancy in office shall be filled by appointment by the remaining members of the Council. Both special elections and qualifications of candidates therefor shall conform to the applicable provisions of this Charter and the Georgia Municipal Election Code and Title 34Aof the Code of Georgia of 1933 as now or hereafter amended.

ARTICLE V. MISCELLANEOUS

Section 5.10. Specific Repealer.

An Act entitled: "An Act to establish a new charter for the Town of Leesburg, in the County of Lee, State of Georgia, to grant certain privileges to said town; to repeal all Acts in conflict; to define the limits of the same; to provide for the election of officers; to prescribe their duties, rights and powers; and for other purposes.", approved December 21, 1898 (1898 Ga. Laws, page 204), as amended, is hereby repealed in its entirety.

Section 5.11. Laws in conflict with Act repealed.

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

GEORGIA LAWS 2014 SESSION

4477

Lee County, Georgia

CERTIFICATE OF POSTING

I, CASEY MOORE, Clerk of City of Leebsurg, Lee County, Georgia, posted the Ordinance Amending the City Charter of the City of Leesburg, Georgia that was adopted by first reading by the City Council on October 1, 2013, on the bulletin board in the Leesburg City Hall where official notices are posted on October 17, 2013, and it remained there for members of the public to review until it was removed on November 8, 2013, following the adoption of the Ordinance by second reading by the City Council of Leesburg, Georgia.

This 8th day of November, 2013.

[SEAL]

s/ CASEY W. MOORE CASEY MOORE Clerk of City of Leesburg Lee County, Georgia

AFFIDAVIT OF PUBLICATION

STATE OF GEORGIA COUNTY OF LEE

Personally appeared before me, the undersigned, a notary public authorized to administer oaths in Lee County, Derryl Quinn, Publisher of The Lee County Ledger, the official organ for the County of Lee for the publication of official and legal advertisements for said county, State of Georgia, who being sworn, states on oath that the report of Notice, a true copy of which is attached to this affidavit, was published in The Lee County Ledger in its issues of October 23, 30 & November 6, 2013.

s/ DERRYL QUINN Derryl Quinn, Publisher

Sworn and subscribed before me this the 10th day of December, 2013

s/ KATRINA BARANKO Katrina Baranko Notary Public [SEAL]

4478

MUNICIPAL HOME RULE ORDINANCES

NOTICE

The City Council of Leesburg, Georgia has voted to amend the City Charter by ordinance with the following provisions at its October 1, 2013 meeting with the matter to be voted on again after second reading on November 7, 2013. A copy of the proposed changes is on file in the Office of the Clerk of the Superior Court of Lee County, Georgia, and a copy of the proposed changes is on file in the Office of the City Clerk for the City of Leesburg, Georgia. Such copies are on file for the purpose of allowing examination and inspection by members of the public. Copies of the documents may be obtained from the Clerk by written request pursuant to O.C.G.A 36-35-3(b)(1). A synopsis of the text changes approved is as follows:

Section 2.20. Chief Executive Officer. The City Manager shall be the chief executive of the City of Leesburg. He or she shall possess, have, and exercise all of the executive and administrative powers granted to the City under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this Charter.

Section 3.20. City Manager. The Council may appoint a City Manager. The Council may specifically delegate the City manager any of the administrative or budgetary duties of the mayor.

Section 3.21. Appointment; Qualifications; and Compensation. The City Council shall appoint a City Manager for an indefinite term and fix the manager's compensation. The manager shall be appointed solely on the basis of executive and administrative qualifications. The manager shall have the minimum qualifications as set forth by the City Council.

Section 3.22. Removal of the City Manager. The City Manager is employed at will and may be summarily removed from office at any time by the City Council.

Section 3.23. Acting City Manager. By letter filed with the City Clerk, the City Manager shall designate, subject to approval of the City Council, a qualified department head within the City of Leesburg 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 such absence or disability, the City Council may revoke such designation at any time and appoint another employee or elected official of the City to serve until the City Manager shall return or the City Manager's disability shall cease.

GEORGIA LAWS 2014 SESSION

4479

Section 3.24. 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:
(a) Appoint and, when the City Manager deems it necessary for the city, suspend or remove all city employees and administrative officers the manager appoints, except as otherwise provided by law or 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 law;
(c) Attend all City Council meetings except for executive sessions held for the purposes of deliberating on the appointment, discipline or removal of the City Manager and have the right to take part in discussion but not vote;
(d) See that all laws, provisions of this charter, and acts of the City Council, subject to enforcement by the City Manager or by officers subject to the City Manager's direction and supervision, are faithfully executed;
(e) Prepare and submit the annual operating budget and capital budget to the City Council; (f) Submit to the City Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year; (g) Make such other reports as the City Council may require concerning the operations of city departments, offices and agencies subject to the City Manager's direction and supervision; (h) Keep the City Council fully advised as to the financial condition and future needs of the City, and make such recommendations to the City Council concerning the affairs of the City as the City Manager deems desirable; and (i) Perform other such duties as are specified in this charter or as may be required by the City Council.

Section 3.25. Council Interference with Administration Except for the purpose of inquiries and investigations under Section 2.15, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.

Filed in the Office of the Secretary of State April 8, 2014.