ACTS AND RESOLUTIONS OF THE
FIRST SESSION OF THE 153RD
GENERAL ASSEMBLY
OF THE STATE OF GEORGIA
2015
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Volume Two

COMPILER'S NOTE
General Acts and Resolutions of the 2015 Regular Session of the General Assembly of Georgia will be found in Volume One, Book One beginning at page 1. The Supplementary Appropriations Act for FY 2014-2015 and the Appropriations Act for FY 2015-2016 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, 2014, and May 1, 2015, are printed in Volume Two beginning at pages 4309 and 4583, respectively.
There are no numbered pages between page 1499, the last page of Volume One, and page 3501, the first page of Volume Two. This allows both volumes to be prepared simultaneously. Because of the number of pages in the volume, Volume One has been divided into two books plus an appendix. 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 messages are printed in Volume Three. Indexes cover material in both Volumes One and Two. The tabular indexes list matter by broad categories. The general index is a detailed alphabetical index by subject matter. When possible, general Acts have been indexed by reference to the titles of the Official Code of Georgia Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.
Each Act and Resolution is preceded by a caption written by the compilers of the Georgia Laws solely to assist the reader in quickly determining the subject matter of the Act or Resolution. This caption includes the Act number assigned by the Governor and the House or Senate Bill or Resolution number which it was given when it was introduced in the General Assembly. These captions are not part of the Act or Resolution when they are enacted or adopted by the General Assembly. Each Act or Resolution which was signed by the Governor is followed by the approval date on which it was signed by the Governor.

GEORGIA LAWS 2015
TABLE OF CONTENTS
VOLUME ONE
Acts and Resolutions of General Application .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Supplementary Appropriations Act for FY. . . . . . . . . . . . . . . . . . . . . . . . . . . Appendix General Appropriations Act for FY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appendix
VOLUME TWO
Acts and Resolutions of Local Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3501 County and Consolidated Government Home Rule Actions. . . . . . . . . . . . . . . . . . 4309 Municipal Home Rule Actions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4583
VOLUME THREE
Acts by Numbers-Page References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A Bills and Resolutions-Act Number References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4A Index-Tabular.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8A Index-General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45A Population of Georgia Counties-Alphabetically. . . . . . . . . . . . . . . . . . . . . . . . . . . 100A Population of Georgia Counties-Numerically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104A Population of Municipalities-Alphabetically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109A Population of Municipalities-Numerically.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117A Population of Judicial Circuits.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125A Georgia Senate Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 130A Georgia Senators, Numerically by District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132A Georgia House Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 136A Georgia Representatives, Numerically by District.. . . . . . . . . . . . . . . . . . . . . . . . . 138A Status of Referendum Elections.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148A Vetoes by the Governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385A Historical List of General Assemblies of the State of Georgia. . . . . . . . . . . . . . . . 393A Legislative Services Committee and Staff.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 394A

GEORGIA LAWS 2015 SESSION

3501

DEKALB COUNTY STATE COURT; TRAFFIC DIVISION; ESTABLISH.

No. 3 (House Bill No. 300).

AN ACT

To amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, so as to establish the traffic division of said court; to provide for judges; to provide for initial terms and elections; to provide for the assignment of cases; to provide for a solicitor and clerk; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, is amended by designating the existing text of such Act as Part 1 and by adding thereafter a new Part 2 to read as follows:

"Part 2

Section 2-1. There is created a division of the State Court of DeKalb County to be known as the 'traffic division.' The traffic division of the state court shall be governed by the provisions of general law contained in Chapter 7 of Title 15 of the O.C.G.A., relating to state courts, and by the additional provisions of this part.

Section 2-2. (a) In addition to all other judges of the state court, there shall be four judges of the traffic division who shall be known as associate judges of the state court. The qualifications and election of the associate judges shall be as provided by general law. (b) The initial associate judges shall be appointed by the Governor. Such initial associate judges shall serve until January 1, 2017, and until their successors are duly elected and qualified. Their successors shall be elected at the 2016 general election to serve terms of four years. All such elections shall be as provided by general law. (c) Except as specifically provided in this part, all provisions of this Act relating to the judges of the state court shall be applicable to the associate judges of the traffic division. (d) The four associate judges of the traffic division are designated as full-time judges and may not engage in the private practice of law.

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(e) Associate judges of the traffic division shall not be eligible to serve as senior judge of the state court.

Section 2-3. (a) The traffic division shall have a presiding associate judge who shall be one of the four associate judges provided in Section 2-2. The initial presiding associate judge shall be selected by the senior judge of the state court. (b) The term of the presiding associate judge shall be for two years, or until the person serving as presiding associate judge resigns the position or leaves the court, whichever time is shorter. At the end of each term of the presiding associate judge, the position shall pass for a term as provided in this subsection to the next associate judge as follows:
(1) The position of presiding associate judge shall pass to the next associate judge who has served as presiding associate judge the fewest number of terms; and (2) If more than one associate judge meet the criteria of paragraph (1) of this subsection, then among or between them the position shall pass to the next associate judge who has served as associate judge the longest time. For purposes of this paragraph, the order in which the associate judges were first sworn in shall govern. (c) No associate judge shall succeed himself or herself for an additional term as presiding associate judge. (d) The four associate judges, in performing their duties and responsibilities, shall share, divide, and allocate the work and duties to be performed by each of them. In the event of disagreement between the associate judges with respect to such matters, the decision of the presiding associate judge shall govern. (e) Notwithstanding any provision of this part to the contrary, the senior judge of the state court shall have ultimate authority over all matters concerning the administration of the traffic division.

Section 2-4. (a) All cases involving violations of the traffic laws of the State of Georgia shall be assigned to the state court. (b) The senior judge of the state court may order that cases involving violations of the traffic laws of the State of Georgia or any other matters within the jurisdiction of the state court be assigned to the traffic division. (c) The provisions of this section shall not limit the power of the associate judges to hear and decide any matter within the jurisdiction of the state court, but the associate judges shall hear and decide only such matters as are assigned to the traffic division by order of the senior judge of the state court. (d) This section shall not limit the power of the associate judges to punish contempts in the same manner as any other judge of the state court.

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Section 2-5. The associate judges shall take an oath to faithfully administer and discharge the duties of their offices in accordance with the Constitution and laws of the State of Georgia and the Constitution of the United States, which oath may be administered by any officer authorized under the laws of this state to administer oaths.

Section 2-6. The solicitor of the state court shall be the solicitor of the traffic division.

Section 2-7. The clerk of the state court shall be the clerk of the traffic division. All records of the Recorder's Court of DeKalb County shall be transferred to and maintained by the clerk of the state court."

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 2015 session of the General Assembly of Georgia a bill to amend an ++ Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court++ of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4602), and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mary Margaret Oliver, who on oath deposes and says that she is the Representative from District 82 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on January 22, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

s/ MARY MARGARET OLIVER Mary Margaret Oliver Representative, District 82

Sworn to and subscribed before me, this 9th day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved March 3, 2015.

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DEKALB COUNTY RECORDER'S COURT; TRANSFER OF CASES; ABOLISH.

No. 4 (House Bill No. 301).

AN ACT

To repeal an Act creating and establishing the Recorder's Court of DeKalb County, approved March 17, 1959 (Ga. L. 1959, p. 3093), as amended; to provide for the transfer of certain pending cases and court records; to provide for a solicitor of the Magistrate Court of DeKalb County; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating and establishing the Recorder's Court of DeKalb County, approved March 17, 1959 (Ga. L. 1959, p. 3093), and all amendatory Acts thereto, is repealed. All actions pending in said court relating to the violation of traffic offenses shall be immediately transferred to the traffic division of the State Court of DeKalb County. All other actions pending in said court shall be transferred to the Magistrate Court of DeKalb County. All records shall be transferred to the clerk of the State Court of DeKalb County. The Solicitor General of the State Court of DeKalb County shall be the solicitor in the Magistrate Court of DeKalb County for all cases involving violations of county ordinances and regulations.

SECTION 2. This Act shall become effective July 1, 2015.

GEORGIA LAWS 2015 SESSION
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

3505

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to ++ repeal an Act creating and establishing the Recorder's Court ++ of DeKalb County, approved March 17, 1959 (Ga. L. 1959, p. 3093), as amended; to provide for the transfer of cases and records; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mary Margaret Oliver, who on oath deposes and says that she is the Representative from District 82 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on January 22, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MARY MARGARET OLIVER Mary Margaret Oliver Representative, District 82

Sworn to and subscribed before me, this 9th day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved March 3, 2015.

__________

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DEKALB COUNTY CHIEF MAGISTRATE; ASSOCIATE JUDGES OF THE TRAFFIC DIVISION OF STATE COURT; CLERK OF STATE COURT; COMPENSATION.

No. 5 (House Bill No. 302).

AN ACT

To amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, particularly by an Act approved March 30, 1995 (Ga. L. 1995, p. 4016), so as to increase the salary of the Chief Magistrate of DeKalb County; to establish salaries of the associate judges of the traffic division of the State Court of DeKalb County; to establish the salary of the Clerk of the State Court of DeKalb 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. An Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, particularly by an Act approved March 30, 1995 (Ga. L. 1995, p. 4016), is amended by revising Section 3 as follows:

"SECTION 3.

Notwithstanding any other provisions of law to the contrary, the annual salary of each of the officials listed below shall be the following percentage of the gross salary as defined in Section 1:
(1) State Court Judge except the presiding associate judge and associate judges of the Traffic Division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90% (2) State Court Solicitor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90% (3) State Court Traffic Division presiding associate judge and associate judges. . 80% (4) Chief Magistrate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85% (5) Associate Magistrate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67.5% (6) District Attorney. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93.5%"

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SECTION 2. Said Act is further amended by adding a new section to read as follows:
"Section 3.1. The annual salary of the Clerk of the State Court of DeKalb County shall be 90 percent of the annual salary received by the Clerk of the Superior Court of DeKalb County."

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act providing for The compensation of certain county officers and officials of DeKalb County, Approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, particularly by an Act approved March 30, 1995 (GA. L. 1995, p. 4016), so as to increase the salary of the Chief Magistrate of DeKalb County; to establish the salary of the of the State Court of DeKalb County; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mary Margaret Oliver, who on oath deposes and says that she is the Representative from District 82 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on January 29, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MARY MARGARET OLIVER Mary Margaret Oliver Representative, District 82
Sworn to and subscribed before me, this 9th day of February, 2015.
s/ JENNIFER BURGESS Jennifer Burgess

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved March 3, 2015.

__________

SANDERSVILLE SCHOOL BUILDING AUTHORITY CREATION.

No. 7 (House Bill No. 305).

AN ACT

To create the Sandersville School Building Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, and powers; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for the transfer of property; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

This Act shall be known and may be cited as the "Sandersville School Building Authority Act."

SECTION 2.

There is created a body corporate and politic to be known as the Sandersville School Building Authority. By that name, style, and title, such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity, except that the authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents, and employees. The authority shall not be a state institution nor a department or agency of the state but shall be an instrumentality of the state, a mere creation of the state, having a distinct corporate entity. The authority shall have its principal office in the Town of Sandersville, and its legal situs or residence for the purposes of this Act shall be Washington County. The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this Act.

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SECTION 3. The authority is created for the purpose of acquiring, maintaining, developing, owning, and operating the building and grounds of the former Sandersville Elementary School in Sandersville, Georgia, in a manner that preserves this historic building, makes use of this space for cultural, artistic, and community endeavors, and generates revenues for the maintenance, improvement, and preservation of the facility and its grounds. The authority shall have perpetual existence. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this part or impair the obligations of any contracts existing under this part.

SECTION 4.

(a)(1) The authority shall consist of nine members selected as provided in this subsection. The initial members shall be appointed by the Governor and shall be as provided in paragraph (2) of this subsection. The Governor shall designate four members to serve two-year terms and five members to serve four-year terms, and until their successors have been appointed. Thereafter, members shall be appointed by the authority from nominations made by the county commission, which shall nominate candidates for each vacancy. The terms of the members of the authority shall be for four years, beginning on July 1 of the year of their appointment, and until their successors have been appointed. Members of the authority may succeed themselves in office. (2) Membership of the authority shall be residents of Washington County and shall include the following:
(A) One representative of the Washington County Historical Society; (B) Two representatives of the arts community, one from visual arts and one from the local theater; (C) One representative of the kaolin industry; (D) One representative of the agricultural community, including agribusiness and the Cooperative Extension Service; (E) One representative of the Chamber of Commerce; and (F) Three members drawn from the community at large who have demonstrated a record of promoting Washington County and its welfare as well as having an interest in the welfare and promotion of the Sandersville school building. (b) Any vacancy on the authority shall be filled for the remainder of the vacant term by the authority by appointment from nominations made by the county commissioner. Three nominations shall be made for each vacancy. (c) Five members of the authority shall constitute a quorum, and the affirmative votes of four members shall be required for any action by the authority. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority.

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(d) The authority shall make rules and regulations for its own government. It shall have perpetual existence. (e) The authority shall elect its own officers. (f) The members of the authority shall receive no compensation for their services on the authority but may receive reimbursement for expenses associated with their services pursuant to rules to be adopted by the authority. (g) The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all the books, together with the proper statement of the authority's financial position, to the state auditor.

SECTION 5.

The authority shall meet at such times as may be necessary to transact the business coming before it, but not less than quarterly. All meetings shall be called, noticed, and conducted in accordance with Chapter 14 of Title 50 of the Official Code of Georgia Annotated. Motions, resolutions, and all other proceedings of the authority and all documents and records shall be open to public inspection, except as authorized by provisions of the Georgia open records laws.

SECTION 6.

All funds deposited by the authority in any bank shall be placed in the name of the authority and shall be withdrawn or paid out only by check or draft on the bank, signed by the secretary-treasurer and countersigned by the chairperson a vice chairperson of the authority.

SECTION 7.

The authority shall have the power: (1) To adopt a seal and alter the same at its pleasure. The seal shall be impressed upon instruments of the authority, and any executed instrument bearing the seal of the authority shall be prima-facie evidence of its execution by the authority and that its execution was duly, regularly, and legally authorized by the authority; (2) To receive and administer gifts, grants, and donations; (3) To acquire in its own name by grant, purchase, gift, devise, or lease and to hold, use, sell, lease, or dispose of real and personal property of every kind and nature whatsoever, licenses, patents, rights, and interest necessary for the full, convenient, or useful exercise of carrying out any of its powers pursuant to this Act; (4) To acquire, develop, own, operate, and maintain the former buildings and grounds of Sandersville Elementary School, including power to acquire by purchase, lease, gift, or otherwise all or any part of any patents, licenses, rights, interest, engineering studies, data,

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3511

or reports owned or held by any person, firm, or corporation and determined by the authority to be necessary, convenient, or useful to the authority in connection with the acquisition, construction, completion, development, operation, or maintenance of such building; (5) To appoint, select, and employ officers, agents, and employees and provide for their personnel services and benefits, including payroll, insurance, and retirement programs; (6) To enter into contracts with consultants and independent contractors, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and to fix their respective compensation; (7) To make contracts, intergovernmental agreements, and leases and to execute all instruments necessary or convenient, including contracts for the acquisition of existing transportation facilities, acquisition of new facilities and property, managerial and operating services, and such other matters and things as may be needful and necessary to the proper and efficient operation of the business of the authority; (8) To accept loans and grants or to accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the United States of America or such agency or instrumentality or other source may impose; (9) To accept loans and grants or to accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision or any other source may impose; (10) To borrow money for any of its corporate purposes and to execute evidence of such indebtedness by promissory notes or otherwise, to secure the same, and to provide for the payment of the same and for the rights of the holders thereof; (11) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; (12) To do all things necessary or convenient to exercise and carry out the powers especially given in this Act; (13) To make rules and bylaws for the orderly operation of the authority; (14) To sue and to be sued in its corporate name in all courts of competent jurisdiction; (15) To accumulate its funds from year to year and to invest the same in any manner that instrumentalities of the State of Georgia or any of its political subdivisions may be invested; and (16) To procure and enter into contracts for any type of insurance and indemnity against loss or damage to its property from any cause, including loss or use and occupancy, against death or injury of any person, against employees' liability, against any act of any member, officer, or employee of the authority in the performance of the duties of his or her office, or against employment of any other insurance risk.

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SECTION 8.

All construction contracts and all contracts for the purchase of supplies, equipment, and services when the expense thereof exceeds $10,000.00 shall be awarded to the lowest, qualified, or best bidder, after advertising for bids therefor has been published twice in the legal organs of the counties within the jurisdiction of the authority. The authority shall have the right to reject any or all bids or parts of any or all bids when such rejection is deemed necessary by the authority.

SECTION 9.

The authority shall become active on July 1, 2015, or when all members of the authority have been appointed, whichever is later. If the authority is abolished or becomes inactive through the failure to appoint members, ownership of the Sandersville school building shall be transferred to Washington County.

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 2015 session of the General Assembly of Georgia a bill to create the Sandersville School Building Authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, and powers; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for the transfer of property; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mack Jackson, who on oath deposes and says that he is the Representative from District 128 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Sandersville Progress which is the official organ of Washington County on February 4, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

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s/ MACK JACKSON Mack Jackson Representative, District 128

Sworn to and subscribed before me, this 10th day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved March 6, 2015.

__________

CITY OF WAYCROSS CORPORATE LIMITS.

No. 11 (House Bill No. 523).

AN ACT

To amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, so as to change the corporate limits of such city; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, is amended by adding a new Section 3.1 as follows:

"SECTION 3.1.

On and after July 1, 2015, the corporate limits of the City of Waycross shall not include any territory within the boundaries of Pierce County."

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

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended; 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 Waycross Journal Herald which is the official organ of Ware County on February 28, 2015, 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 2nd day of March 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved March 23, 2015.

__________

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3515

HENRY COUNTY BOARD OF COMMISSIONERS; CHAIRPERSON; MEMBERS; COUNTY MANAGER; AUTHORITY, ROLES, AND RESPONSIBILITIES.

No. 12 (House Bill No. 554).

AN ACT

To amend an Act entitled "An Act to amend an Act providing for a new Board of Commissioners of Henry County," approved March 24, 1974 (Ga. L. 1974, p. 3680), as amended, particularly by an Act approved April 4, 1990 (Ga. L. 1990, p. 5232), so as to further define the authority, roles, and responsibilities of the chairperson, the board of commissioners, and the county manager; to provide for compensation; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act entitled "An Act to amend an Act providing for a new Board of Commissioners of Henry County," approved March 24, 1974 (Ga. L. 1974, p. 3680), as amended, particularly by an Act approved April 4, 1990 (Ga. L. 1990, p. 5232), is amended by revising Section 5 as follows:

"SECTION 5. The chairperson of the board of commissioners shall receive an annual salary in the amount of $45,000.00. Each district commissioner shall receive an annual salary in the amount of $35,000.00. Such salaries shall be paid in equal monthly installments out of the general funds of Henry County. The chairperson and each district commissioner shall also receive an expense allowance for in-county travel of $2,400.00 per annum, payable in equal monthly installments out of the funds of Henry County."

SECTION 2. Said Act is further amended by revising Section 8.2 as follows:

"SECTION 8.2. (a) The Board of Commissioners of Henry County, Georgia, in addition to such power and authority granted to it by local law, general statute, the Constitution of the State of Georgia, or by the now existing ordinances of Henry County, Georgia, shall have the exclusive power to:
(1) Appoint, from time to time, a non-elected individual to serve as county manager and individuals to serve as assistant county managers as necessary and appropriate;

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(2) Delegate to such county manager and assistant county managers such duties and responsibilities as are deemed necessary and appropriate; (3) Establish the qualifications, compensation, and job description of the county manager and assistant county managers; (4) Appoint, at least annually, an individual to serve as county clerk and individuals to serve as assistant county clerks; (5) Delegate to such county clerk such duties and responsibilities as are deemed necessary and appropriate; (6) Establish the qualifications, compensation, and job description of the county clerk; provided, however, that, in addition to any additional duties and responsibilities, the county clerk shall be the official custodian of records for Henry County and shall keep and maintain the minutes of meetings of the Board of Commissioners of Henry County, and after consultation with the board of commissioners, chairperson, county attorney, and county manager, the clerk shall establish the agenda for each meeting of the board of commissioners; (7) Appoint and retain, from time to time, an attorney or attorneys to serve as county attorney for Henry County; (8) Establish the qualifications and compensation of such attorney or attorneys designated to serve as county attorney who shall serve as legal counsel to the chairperson and the board of commissioners; provided, however, where there is a conflict between the chairperson and members of the board of commissioners, and unless otherwise provided by the board of commissioners, the Georgia Rules of Professional Conduct for attorneys in Georgia, or by order of court, the county attorney shall serve as legal counsel to the board of commissioners. Unless otherwise provided by the board of commissioners, the Georgia Rules of Professional Conduct for attorneys in Georgia, or by order of court, the county attorney in all legal proceedings shall serve as the attorney of record for Henry County, Georgia, and the chairperson and the board of commissioners in their official capacities; (9) Establish rules of order and procedure to govern meetings of the board of commissioners; (10) Establish personnel policies and organizational charts for the personnel of Henry County government; (11) Appoint, from time to time, one or more individuals to serve as executive assistant to the board of commissioners; (12) Establish the qualifications, compensation, and job description of such executive assistant or assistants; and (13) Hire, fire, discipline, suspend, or demote such executive assistant or assistants. The power and authority to hire, fire, discipline, suspend, or demote the county manager, county clerk, and county attorney shall rest exclusively with the Board of Commissioners of Henry County. In the absence of any such positions, the board of commissioners shall have the power to hire, fire, discipline, suspend, or demote any employee of Henry County

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or delegate such power to one or more non-elected employees. Any such action shall require the affirmative vote of a majority of the board of commissioners. Assistant county managers may be hired, fired, disciplined, suspended, or demoted by the county manager as well as the Board of Commissioners of Henry County. Assistant county clerks may be hired, fired, disciplined, suspended, or demoted by the county clerk as well as the Board of Commissioners of Henry County. (b) The chairperson shall:
(1) Serve as a voting member of the board of commissioners; (2) Serve as presiding officer over meetings of the board of commissioners; (3) Execute such documents and instruments as are approved by the board of commissioners; (4) After consultation with the county manager, submit to the board of commissioners an annual budget for consideration and adoption by the board of commissioners; (5) See that the ordinances, resolutions, and regulations of the board of commissioners and the laws of the state are faithfully executed and enforced; (6) Coordinate intergovernmental activity between the county and municipalities, other counties, other political subdivisions, and state and federal agencies; (7) With the other members of the board of commissioners, initiate the assessment of the needs of the county, evaluate county services, and develop the policies of the county; (8) Represent or designate an individual to represent Henry County at ceremonial functions; and (9) Have the power to delegate in writing to a member of the board of commissioners who accepts any of the powers of chairperson."

SECTION 3. Section 1 of this Act shall become effective on January 1, 2017. The remainder of 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 2015 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to amend an Act providing for a new Board of Commissioners of Henry County," approved March 24, 1974 (Ga. L. 1974, p. 3680), as amended, particularly by an Act approved April 4, 1990 (Ga. L. 1990, p. 5232), so as to further define the authority, roles, and responsibilities of the chairperson, the board

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of commissioners, and the county manager; to provide for compensation; to provide for related matters; to provide for effective dates; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 February 21, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DALE RUTLEDGE Dale Rutledge Representative, District 109

Sworn to and subscribed before me, this 4th day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved March 27, 2015.

__________

CITY OF PAYNE CITY ABOLISH.

No. 13 (House Bill No. 575).

AN ACT

To repeal an Act creating a new charter for Payne City, approved May 16, 2007 (Ga. L. 2007, p. 3555), as amended, so as to abolish Payne City; to provide for the disposition of the assets, property, and legal rights and obligations of the city and the winding up of city affairs; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. An Act creating a new charter for Payne City, approved May 16, 2007 (Ga. L. 2007, p. 3555), as amended, is repealed, and Payne City is abolished. The assets, property, and legal rights and obligations of the city shall devolve upon the governing authority of Macon-Bibb County, and the affairs of the city shall be wound up, all the same as provided for a terminated municipality under subsection (g) of Code Section 36-30-7.1 of the Official Code of Georgia Annotated.

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 2015 session of the General Assembly of Georgia a bill to repeal an Act entitled an Act tcreating a new charter for Payne City, approved May 16, 2007 (Ga. L. 2007, p. 3555), as amended; and for other purposes.
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 February 12, 2015, 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 5th day of March, 2015.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)
Approved March 27, 2015.

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MCDUFFIE COUNTY CORONER; COMPENSATION.

No. 28 (Senate Bill No. 211).

AN ACT

To amend an Act placing the county officers of McDuffie County on an annual salary, approved March 9, 1959 (Ga. L. 1959, p. 2568), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3899), so as to change the annual salary of the coroner of McDuffie County; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act placing the county officers of McDuffie County on an annual salary, approved March 9, 1959 (Ga. L. 1959, p. 2568), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3899), is amended by striking Section 5A in its entirety and inserting in its place a new Section 5A to read as follows:

"Section 5A. The coroner of McDuffie County shall be compensated as provided in O.C.G.A. Chapter 16 of Title 45."

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 2015 session of the General Assembly of Georgia a bill to amend an Act placing the county officers of McDuffie County on an annual salary, approved March 9, 1959 (Ga. L. 1959, p. 2568), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3899), so as to change the annual salary of the coroner of McDuffie County; to repeal conflicting laws; and for other purposes.
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

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was published in the McDuffie Progress which is the official organ of McDuffie County on March 5, 2015, 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 9th day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved April 29, 2015.

__________

CITY OF MARSHALLVILLE MAYOR AND COUNCIL; FILLING OF VACANCIES.

No. 30 (House Bill No. 181).

AN ACT

To amend an Act to reincorporate and provide a new charter for the City of Marshallville in Macon County, approved March 19, 1987 (Ga. L. 1987, p. 3993), so as to revise the manner of filling a vacancy in the office of mayor or councilmember; 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 reincorporate and provide a new charter for the City of Marshallville in Macon County, approved March 19, 1987 (Ga. L. 1987, p. 3993), is amended by revising Section 5.12 as follows:

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"SECTION 5.12. 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 by majority vote appoint a successor for the remainder of the term of office."

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 2015 session of the General Assembly of Georgia a bill to amend an Act to reincorporate and provide a new charter for the City of Marshallville in Macon County, approved March 19, 1987 (Ga.L.1987, p 3993), so as to revise the manner of filing a vacancy in the office of mayor or councilmember; to provide for related matters; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Patty Bentley, who on oath deposes and says that she is the Representative from District 139 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Citizen Georgian which is the official organ of Macon County on January 21, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ PATTY BENTLEY Patty Bentley Representative, District 139
Sworn to and subscribed before me, this 29th day of January, 2015.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

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Approved April 29, 2015.

__________

CITY OF LAFAYETTE HOTEL/MOTEL TAX.

No. 41 (House Bill No. 424).

AN ACT

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

SECTION 2. The enactment of this Act is subsequent to the adoption of Ordinance No. 15-01 and accompanying resolution by the governing authority of the City of LaFayette on February 9, 2015, 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 LaFayette:
(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 LaFayette; and

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(2) The remaining amount of taxes collected that exceeds the amount of taxes that would be collected at the rate of 5 percent which is 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 TO INTRODUCE LOCAL LEGISLATION

Notice is hereby given that there will be introduced at the regular 2015 Session of the General Assembly of Georgia a Bill to amend the City of LaFayette, Georgia Motel-Hotel Excise Tax Ordinance to increase the tax rate from 5.00% to 8.00%; to provide for all 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, 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 Walker County Messenger which is the official organ of Walker County on February 11, 2015, 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 19th day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 1, 2015.

__________

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CITY OF CHICKAMAUGA CITY MANAGER; CHIEF OF POLICE; DUTIES AND RESPONSIBILITIES.

No. 42 (House Bill No. 528).

AN ACT

To amend an Act to provide a new charter for the City of Chickamauga in Walker County, Georgia, approved April 10, 2014 (Ga. L. 2014, p. 4218), so as to revise the duties and responsibilities of the city manager and the chief of police; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide a new charter for the City of Chickamauga in Walker County, Georgia, approved April 10, 2014 (Ga. L. 2014, p. 4218), is amended by revising subsections (e) and (k) of Section 4.10 as follows:
"(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. 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." "(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 or removal of city personnel including department heads except as otherwise provided by law."

SECTION 2. Said Act is further amended by revising subsections (c) and (d) of Section 4.11 as follows:
"(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 directives, rules, and regulations for the department. The chief of police shall recommend for appointments or removal of police department personnel to the personnel manager. Police department personnel shall be appointed or removed as provided in paragraph (7) of subsection (b) of Section 3.19 of this charter. (d) The police chief may submit a draft budget to the city manager."

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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 2015 session of the General Assembly of Georgia a bill to an Act to provide a new charter for the City of Chickamauga in Walker County, Georgia, approved April 10, 2014 (Ga. L. 2015 p. 4218), so as to revise the duties and responsibilities of the city manager and the chief of police; to proved for related matters; and for other pup roses.

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 Walker County Messenger which is the official organ of Walker County on February 25, 2015, 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 2nd day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 1, 2015.

__________

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CATOOSA COUNTY STATE COURT; CREATION.

No. 48 (House Bill No. 674).

AN ACT

To create the State Court of Catoosa County; to specify the location of the court and provide for facilities therefor; to provide for jurisdiction, powers, practice, and procedure; to provide for terms of court; to specify business hours of the court; to specify costs and fees; to provide for transfer of certain matters from the Superior Court of Catoosa County; to provide for institution of criminal cases; to provide for appeals; to provide for selection, number, and compensation of jurors; to provide for appointment, election, qualifications, and terms of office of a judge of the court; to provide for restrictions and discipline of such judge and powers and duties thereof; to provide for the appointment, election, qualifications, and terms of office of a solicitor-general of the court and the powers and duties thereof; to provide for a clerk and sheriff of the court and the duties thereof; to provide compensation for the judge, solicitor-general, and other officers and staff of the court; to provide for a judge pro hac vice and an official court stenographer; to provide for expenses for the 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. Effective July 1, 2016, there is created the State Court of Catoosa County which shall have the power, jurisdiction, and method of procedure as provided by Chapter 7 of Title 15 of the O.C.G.A.

SECTION 2. The State Court of Catoosa County shall be located in the county site of Catoosa County in facilities provided by the governing authority of Catoosa County.

SECTION 3. The State Court of Catoosa County shall have such rules of practice and procedure as provided by Chapter 7 of Title 15 of the O.C.G.A. or by rules promulgated by the Supreme Court of Georgia.

SECTION 4. The State Court of Catoosa County shall have quarterly terms beginning on the second Monday of January, April, July, and October in the county site of Catoosa County, and such terms shall remain open for the transaction of business until the next succeeding term. If the date fixed for the convening of any term is a legal holiday, then that term shall begin on the

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next day thereafter which is not a legal holiday. Such court shall at all times be open for the purpose of receiving pleas of guilty in criminal cases and passing sentence thereon and for the transaction of civil business before the court.

SECTION 5. The clerk of the state court shall be required to keep his or her office open the same hours for business as the clerk of the superior court.

SECTION 6. The clerk of the state court shall be entitled to charge and collect the same fees as the clerk of the superior court is entitled to charge and collect for the same or similar services. All such fees shall be paid into the county treasury, except those sums which are directed by law to be paid otherwise.

SECTION 7. All misdemeanor criminal cases pending in the Superior Court of Catoosa County, the Probate Court of Catoosa County, and the Magistrate Court of Catoosa County on July 1, 2016, shall be transferred to the State Court of Catoosa County on such date and shall thereafter stand for trial in such state court as though originally filed therein.

SECTION 8. All prosecutions in criminal cases instituted in the State Court of Catoosa County shall be by written accusation, uniform traffic citation, or summons as provided for by Code Section 17-7-71 of the O.C.G.A.

SECTION 9. Any cases tried in the State Court of Catoosa County shall be subject to review by the Court of Appeals or the Supreme Court of Georgia, whichever court has jurisdiction, in the same manner and under the same rules of appellate procedure as apply to cases in the superior court.

SECTION 10. (a) Traverse jurors shall be drawn, selected, chosen, and summoned for service in the State Court of Catoosa County from the same jury list and from the same jury box and in the same manner as is done in the superior court. Jurors in such state court shall receive the same per diem compensation for service therein as in the Superior Court of Catoosa County and shall be paid by Catoosa County in the same manner and out of like funds as jurors are paid in the superior court. (b) The jury for the trial of all civil cases tried in the State Court of Catoosa County shall be composed of the number of jurors set forth in Chapter 12 of Title 15 of the O.C.G.A.

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Peremptory strikes in civil cases shall be exercised in the manner prescribed in Chapter 12 of Title 15 of the O.C.G.A. (c) The jury for the trial of all criminal cases tried in the State Court of Catoosa County shall be composed of the number of jurors set forth in Chapter 12 of Title 15 of the O.C.G.A. Peremptory strikes in criminal cases shall be exercised in the manner prescribed in Chapter 12 of Title 15 of the O.C.G.A.

SECTION 11. (a) There shall be a judge of the State Court of Catoosa County who shall be elected by the qualified voters of Catoosa County at the state-wide nonpartisan general election in 2018, shall take office the first day of January immediately following such election, and shall serve for a term of office of four years and until the election and qualification of a successor, as provided by Chapter 7 of Title 15 and Title 21 of the O.C.G.A.; provided, however, that the first judge shall be appointed by the Governor for a term of office beginning July 1, 2016, and ending January 1, 2019, and until the election and qualification of a successor. (b) The judge of such court shall have such qualifications and shall be subject to such restrictions and discipline as provided in Chapter 7 of Title 15 of the O.C.G.A. He or she shall be vested with all the power and authority of the judges of the state courts by Chapter 7 of Title 15 of the O.C.G.A. (c) The judge shall be a full-time judge, shall be paid an annual salary in an amount equal to 90 percent of the state salary for judges of the superior court not including any local supplements, and shall receive all legally required benefits. Such salary shall be payable out of the funds of Catoosa County at the same intervals as installments are paid to other county employees. The governing authority of Catoosa County may supplement such judge's salary.

SECTION 12. (a) There shall be a solicitor-general of the State Court of Catoosa County who shall be elected by the qualified voters of Catoosa County at the state-wide general election in November, 2018, shall take office the first day of January immediately following such election, and shall serve for a term of office of four years and until the election and qualification of a successor, as provided by Article 3 of Chapter 18 of Title 15 and Title 21 of the O.C.G.A.; provided, however, that the first solicitor-general shall be appointed by the Governor for a term of office beginning July 1, 2016, and ending January 1, 2019, and until the election and qualification of a successor. (b) The solicitor-general of such court shall have such qualifications as provided in Article 3 of Chapter 18 of Title 15 of the O.C.G.A. and shall be a full-time solicitor-general of such court. (c) The solicitor-general shall be paid an annual salary equal to 85 percent of the salary of the state court judge, not including any local supplements, and shall receive all legally required benefits. Such salary shall be payable out of the funds of Catoosa County at the same intervals as installments are paid to other county employees.

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SECTION 13. (a) The clerk of the Superior Court of Catoosa County shall, by virtue of his or her office, be the clerk of the State Court of Catoosa County, and the sheriff of such county shall likewise be the sheriff of such state court. The clerk shall provide all the necessary dockets, writs, minute books, printed forms, and the like as will be necessary for such state court which shall be paid for by Catoosa County in like manner as such items in the superior court. (b) The number and salaries of any necessary additional support staff for the clerk of the superior court and the sheriff of Catoosa County required to serve the State Court of Catoosa County shall be set by the Catoosa County Board of Commissioners.

SECTION 14. The governing authority of Catoosa County is authorized to supplement the salary of the clerk of the superior court in the amount of $500.00 per month.

SECTION 15. In the event the judge of the State Court of Catoosa County is unable to preside in the court or is disqualified for any reason, then the judge may appoint a judge pro hac vice to serve in his or her absence. Such judge pro hac vice shall meet the same qualifications as the judge of the State Court of Catoosa County.

SECTION 16. The judge of the State Court of Catoosa County may appoint an official stenographer for such court who shall report such cases as the court may require. He or she shall receive the same fees as allowed for similar services in the superior court which shall be taxed and enforced as in the superior court.

SECTION 17. The judge and solicitor-general of the State Court of Catoosa County shall make application to the Catoosa County Board of Commissioners for the provision of necessary and reasonable expenses incurred by them in the operation of the court.

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 2015 session of the General Assembly of Georgia a bill to create the State Court of Catoosa County; to specify the location of the court and provide for facilities therefor; to provide for jurisdiction, powers, practice, and procedure; to provide for terms of court; to specify business hours of the court;

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to specify costs and fees; to provide for transfer of certain matters from the Superior Court of Catoosa County; to provide for institution of criminal cases; to provide for appeals; to provide for selection, number, and compensation of jurors; to provide for appointment, election, qualifications, and terms of office of a judge and powers and duties thereof; to provide for the appointment, election, qualifications, and terms of office of a solicitor-general of the court and the powers and duties thereof; to provide for a clerk and sheriff of the court and duties thereof; to provide compensation for the judge, solicitor-general, and other officers and staff of the court; to provide for a judge por hac vice and an official court stenographer; to provide for expenses for the court; to provide an effective date; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Weldon, who on oath deposes and says that he is the Representative from District 3 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County on February 25, 2015, 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 25th day of March 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 5, 2015.

__________

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY VOTING PRIVILEGES FOR EXECUTIVE DIRECTOR OF GEORGIA REGIONAL TRANSPORTATION AUTHORITY; STAGGERED TERMS FOR NEW
BOARD MEMBERS; PENALTIES FOR VIOLATIONS OF RULES AND REGULATIONS; AUDITS; CITATIONS; APPEALS; COLLECTION OF FINES; RATES OF SALES AND USE TAX; RESTRICTIONS ON USE OF SALES AND USE TAX PROCEEDS.

No. 62 (House Bill No. 213).

AN ACT
To amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to provide for the restoration of voting privileges to the Executive Director of the Georgia Regional Transportation Authority until 2017; to provide for the staggering of new board members when a county joins the Authority; to provide for suspensions from the system and property for violations of rules and regulations; to provide for the inclusion of certain items in an independent management audit; to provide for the issuance of citations; to provide for an appeals process; to provide for the appointment of hearing officers; to provide for a hearing; to provide for the appeal of decisions to superior court; to provide for the authority to pursue legal action for the collection of fines; to provide for the rate of a sales and use tax; to provide for the retail sales and use tax when a county joins the Authority; to provide for a permanent suspension of restrictions on the use of sales and use tax proceeds upon the submission of an independent management audit to certain officials; 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 known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), is amended by revising subsections (a) and (b) of Section 6 as follows:
"(a) On and after January 1, 2017, the Board of Directors of the Authority shall be reconstituted and composed of 11 voting members and two nonvoting members. Three members shall be residents of the City of Atlanta to be nominated by the Mayor and elected by the City Council; four members shall be residents of DeKalb County with three of the four appointees to be appointed by the governing authority of DeKalb County and at least one of such appointees shall be a resident of that portion of DeKalb County lying south of

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the southernmost corporate boundaries of the City of Decatur and at least one of such appointees shall be a resident of that portion of DeKalb County lying north of the northernmost corporate boundaries of the City of Decatur and the fourth appointee to be appointed by a majority vote of a caucus of mayors of the municipalities located wholly in DeKalb County; three members shall be residents of Fulton County and one of such members shall be a resident of that portion of Fulton County lying south of the corporate limits of the City of Atlanta to be appointed by a majority vote of the Fulton County Board of Commissioners, and two of such members shall be residents of that portion of Fulton County lying north of the corporate limits of the City of Atlanta to be appointed by a majority vote of a caucus of mayors of the municipalities of Fulton County lying north of the corporate limits of the City of Atlanta; one member shall be a resident of a participating jurisdiction to be appointed by the Governor; one nonvoting member shall be the Commissioner of the Department of Transportation; and one nonvoting member shall be the Executive Director of the Georgia Regional Transportation Authority. Those board members appointed by a local governing authority, caucus, or the Governor as described in this section in office as of January 1, 2017, shall serve initial terms of office as follows: two of the three appointees of the governing authority of DeKalb County, two of the three appointees of the Mayor and City Council of Atlanta, and one of the two appointees of the caucus of mayors from municipalities lying north of the corporate limits of the City of Atlanta shall serve a term of two years, and the remaining appointees shall serve for terms of four years. No later than December 1, 2016, all board members shall be appointed and each local governing authority or caucus shall designate which board members shall serve an initial term of two years. After the initial two-year terms of those five board members described in this subsection, that governing authority or caucus which appointed the member for that initial term to that office shall appoint successors thereto for terms of office of four years in the same manner that such governing authority or caucus makes its other appointments to the Board. Those board members in office on May 31, 2014, shall serve until December 31, 2016. The Executive Director of the Georgia Regional Transportation Authority and the Commissioner of the Department of Transportation shall be nonvoting members of the Board and shall serve while holding their State offices; provided, however, that notwithstanding any provisions of this Act to the contrary, the Executive Director of the Georgia Regional Transportation Authority shall be a voting member of the Board until December 31, 2016. Except as provided above, all appointments shall be for terms of four years except that a vacancy caused otherwise than by expiration shall be filled for the unexpired portion thereof by the appointing entity which made the original appointment to the vacant position, or its successor in office. A member of the Board may be appointed to succeed himself or herself for one four-year term; provided, however, that board membership prior to January 1, 2017, shall not be considered in calculating limits on length of service. Appointments to fill expiring terms shall be made by the appointing entity prior to the

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expiration of the term, but such appointments shall not be made more than thirty days prior to the expiration of the term. Members appointed to the Board shall serve for the terms of office specified in this section and until their respective successors are appointed and qualified. (b) The local governing bodies of Clayton, Cobb, and Gwinnett counties may, any other provision of this Act to the contrary notwithstanding, negotiate, enter into, and submit to the qualified voters of their respective counties the question of approval of a rapid transit contract between the county submitting the question and the Authority, all in accordance with the provisions of Section 24 of this Act. The local governing bodies of these counties shall be authorized to execute such rapid transit contract prior to the holding of the referendum provided for in said Section 24; provided, however, that such rapid transit contract shall not become valid and binding unless the same is approved by a majority of those voting in said referendum, which approval shall also be deemed approval of further participation in the Authority. Upon approval of such rapid transit contract, the county entering into such contract shall be a participant in the Authority, and its rights and responsibilities shall, insofar as possible, be the same as if it had participated in the Authority from its beginning, and the local governing body of the county may then appoint two residents of the county to the Board of Directors of the Authority. The local governing body shall designate one such resident to serve an initial term ending on the 31st day of December in the second full year after the year in which the referendum approving said rapid transit contract was held and one such resident to serve an initial term ending on the 31st day of December in the fourth full year after the year in which the referendum approving said rapid transit contract was held, in which event the Board of Directors of the Authority shall, subsection (a) of this Section 6 to the contrary notwithstanding, be composed of such additional members. Upon the conclusion of the initial terms provided for in this subsection, the local governing body which appointed the member for that initial term shall appoint a successor thereto for a term of office of four years."

SECTION 2. Said Act is further amended by revising subsection (e) of Section 17 as follows:
"(e) Not later than December 31, 2016, and every four years thereafter, the Authority shall cause to be performed an independent management audit on the condition of management of the Authority, to be supervised and approved by the Metropolitan Atlanta Rapid Transit Overview Committee. Such management audit shall include the auditor's recommendations based thereon and the auditor's signed written verification that the Metropolitan Atlanta Rapid Transit Authority fully cooperated with such audit and allowed access to all its books, records, and documents to the extent the auditor deemed necessary. The management audit shall be submitted to the Board of the Authority, the Governor, the State Auditor, and the Metropolitan Atlanta Rapid Transit Overview Committee before December 31 of each year in which it is required. The management audit shall be performed at the expense of the Authority."

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SECTION 3. Said Act is further amended by revising subsection (a) of Section 20 as follows:
"(a)(1) The Board may promulgate reasonable rules and regulations, not inconsistent with law, for the control and management of its operations, properties, employees, and patrons. (2) Violations of such rules and regulations governing the conduct of the public in or upon the Authority's transportation system may be punished by a suspension from the use of Authority services and presence on Authority property for a period of time to be set by the Board or a civil fine or both, provided that such fine shall be no more than $300.00. (3) A citation shall be issued for violations of such rules and regulations which shall include notice of suspension from the use of Authority services and presence on Authority property or the civil fine amount or both, as applicable. Such citation shall also state at the top of the citation and in a print size no smaller than the largest print size used on the citation:
(A) That the suspension or civil fine or both may be appealed as provided for in paragraph (4) of this subsection; (B) The procedures by which such appeal shall be requested, including the mailing, overnight delivery, and hand delivery address to be used for such requests, specifying the required methods of delivery; (C) That such suspension or civil fine or both shall be deemed final if no appeal is made within 30 days; and (D) That if no appeal is made, use of Authority services or entry upon Authority property is forbidden and subsequent use of services or entry upon property during a period of suspension shall constitute criminal trespass under Code Section 16-7-21 of the O.C.G.A. (4) A citation may be appealed to the Authority by written request by registered or certified mail, statutory overnight delivery, or hand delivery within 30 days of the issuance of such citation. Within ten days of receipt of a request for a hearing, the Authority shall respond to the person requesting a hearing to schedule a hearing date, which shall be no later than 30 days from the receipt of the request. If no hearing is requested within 30 days of the issuance of a citation, the suspension or fine issued shall be deemed final and become effective immediately. (5) The Board shall hire a neutral licensed attorney to be known as the hearing officer to hear the appeal. Such attorney shall be a member in good standing with the State Bar of Georgia, have been in the practice of law for at least five years, and be appointed for one or more terms of two years subject to removal by majority vote of the Board only for good cause. The Board may appoint more than one neutral licensed attorney to serve as hearing officers subject to the requirements of this paragraph should the case load so require.

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(6) The hearing shall, with respect to rules of evidence and procedure, be conducted in accordance with Chapter 13 of Title 50 of the O.C.G.A, the 'Georgia Administrative Procedure Act.' (7) Within 30 days after the final decision from the hearing officer, a petition may be filed in superior court of the county where the alleged conduct occurred that resulted in a citation. A copy of the petition shall be served upon the Authority. The petition shall state that the petitioner is aggrieved by the decision and the grounds upon which the petitioner contends the decision should be reversed. The filing of a petition for judicial review in superior court does not itself stay enforcement of the citation. The court may reverse or modify the decision if substantial rights of the petitioner have been prejudiced because the decision was clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record. (8) The Authority may pursue any and all legal remedies for the collection of outstanding fines. (9) All rules and regulations governing the conduct of the public in or upon the Authority's transportation system and the length of suspension or civil fine or penalty for infraction of such rules and regulations shall be posted in a prominent location on the Authority's website."

SECTION 4. Said Act is further amended by revising paragraph (1) of subsection (b), subparagraph (b)(2)(A), and subsection (i) of Section 25 as follows:
"(b)(1) Rate of Tax. The tax when levied shall be at the rate of one (1%) percent until and including June 30, 2057, and shall thereafter be reduced to one-half (1/2%) of one percent. Said tax shall be added to the State Sales and Use Tax imposed by Article 1 of Chapter 8 of Title 48 of the O.C.G.A., and the State Revenue Commissioner is hereby authorized and directed to establish a bracket system by appropriate rules and regulations to collect the tax herein imposed in the areas affected.
(2)(A) A local governing body which, on January 1, 1988, is not a party to the Rapid Transit Contract and Assistance Agreement specified in subsection (k) of this Section may enter into a rapid transit contract to provide public transportation services and facilities other than any extension of or addition to the Authority's existing rail rapid transit system and may levy a retail sales and use tax authorized under subsection (a) of this Section at the rate of one (1%) percent. Such contract shall require that the costs of the transportation services and facilities contracted for, as determined by the Board of Directors on the basis of reasonable estimates, allocation of costs and capital, and projections shall be borne by one or more of the following:
(i) Fares; (ii) The proceeds of the tax levied in accordance with this subparagraph; (iii) Other revenues generated by such services and facilities; and

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(iv) Any subsidy provided, directly or indirectly, by or on behalf of that local governing body which is the party to the contract. Notwithstanding any limitation in subsection (i) of this Section or any other provision of this Act, the proceeds of the retail sales and use tax levied pursuant to this subparagraph may be used in their entirety to pay the operating costs of the system, as defined in that subsection (i)." "(i) Use of Proceeds. The proceeds of the tax levied pursuant to this Act shall be used solely by each local government to fulfill the obligations incurred in the contracts entered into with the Metropolitan Atlanta Rapid Transit Authority as contemplated in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended. If the Board of the Metropolitan Atlanta Rapid Transit Authority shall fail to file with the Governor, the State Auditor, and the chairperson of the Metropolitan Atlanta Rapid Transit Overview Committee every four years as provided in subsection (e) of Section 17 of this Act a report of the findings of a completed independent management audit of the Authority's current operations that was performed under contract with and at the expense of the Authority, along with any auditor's recommendations based thereon and the auditor's signed written verification that the Metropolitan Atlanta Rapid Transit Authority fully cooperated with such audit and allowed access to all its books, records, and documents to the extent the auditor deemed necessary, then for the four years beginning January 1 of the year immediately following the year in which the completed independent management audit was due but not submitted, no more than fifty percent (50%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection. In adopting its annual budget, the Board of the Metropolitan Atlanta Rapid Transit Authority shall be authorized to rely upon estimates of all revenues, operating costs, patronage, and other factors which may affect the amount of the fare required to limit the operating subsidy herein provided for. The words 'operating costs of the system' for purposes of this subsection 25(i) are defined to include all of the costs of that division of the Authority directly involved and that portion of the nonoperating administrative costs of those divisions of the Authority indirectly involved, through the provision of support services, in providing mass transportation services for the metropolitan area, but exclusive of the costs of the division or divisions directly involved and that portion of the nonoperating administrative costs of those divisions indirectly involved, in the planning, design, acquisition, construction, and improvement of the rapid transit system, according to accepted principles of accounting, and also exclusive of the following costs: (1) Nonrecurring costs and charges incurred in order to comply with any statute or regulation concerning either the protection or cleaning up of the environment, or accessibility by handicapped or disabled persons, or occupational health or safety, or compliance with any national or state emergencies, or with any judgment, decree, or order of any court or regulatory agency in implementation of any such statute or regulation; and

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(2) In the case of leases of equipment or facilities that, according to generally accepted principles of accounting, would not be classified as capital leases, payments of rent, and other payments for the property subject to such leases or for the use thereof; provided that any costs for regular maintenance or repair of such equipment or facilities shall not be excluded. If any proceeds of the tax levied pursuant to this Act are held for the purpose of planning, designing, acquiring, or constructing additional facilities or equipment for or improvements to the rapid transit system and are invested, then all interest earned from such investments shall be used only for such purposes or for paying the principal of or interest on bonds or certificates issued for such purposes."

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 2015 session of the General Assembly of Georgia a bill to amend an Act creating the Metropolitan Atlanta Rapid Transit Authority, approved March 10, 1965 (Ga. L. 1965, p. 2243); and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Jacobs, who on oath deposes and says that he is the Representative from District 80 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on December 19, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MIKE JACOBS Mike Jacobs Representative, District 80

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Sworn to and subscribed before me, this 3rd day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is hereby given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act creating the Metropolitan Atlanta Rapid Transit Authority, approved March 10, 1965 (Ga. L. 1965, p. 2243); and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Jacobs, who on oath deposes and says that he is the Representative from District 80 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on December 12, 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 3rd day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act creating the Metropolitan Atlanta Rapid Transit Authority, approved March 10, 1965 (Ga. L. 1965, p. 2243); 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 Daily Report which is the official organ of Fulton County on December 19th, 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 3rd day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act creating the Metropolitan Atlanta Rapid Transit Authority, approved March 10, 1965 (Ga. L. 1965, p. 2243); and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Jacobs, who on oath deposes and says that he is the Representative from

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District 80 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the News Daily which is the official organ of Clayton County on December 31, 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 3rd day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act creating the ++Metropolitan Atlanta Rapid Transit Authority++, approved March 10, 1965 (Ga. L. 1965, p. 2243); and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Jacobs, who on oath deposes and says that he is the Representative from District 80 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on December 25, 2014, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MIKE JACOBS Mike Jacobs Representative, District 80

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Sworn to and subscribed before me, this 3rd day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 5, 2015.

__________

CITY OF FORSYTH NEW CHARTER.

No. 68 (House Bill No. 553).

AN ACT

To provide a new charter for the City of Forsyth; to provide for incorporation, boundaries, and property of the city; to provide for examples of powers and the exercise of powers; 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 eminent domain; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a city manager, mayor, mayor pro tempore, and chief executive officer and certain duties, powers, and other matters relative thereto; to prohibit certain interference with administration by the city council; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a custodian of records, 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 and removal from office; 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 definitions and construction; to provide for severability; to provide for other matters relative to the foregoing; to provide an effective date; to provide a specific repealer; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Incorporation.

This Act shall constitute the whole charter of the City of Forsyth, repealing and replacing the charter provided by an Act of the General Assembly approved March 23, 1977 (Ga. L. 1977, p. 3980), as amended. The City of Forsyth, Georgia, in the County of Monroe and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the same name and style of City of Forsyth, Georgia, and shall continue to be vested with all of the property and rights of property which now belong to the city, and by that name shall have perpetual succession. References in this charter to "the city" refer to the City of Forsyth. The city shall have perpetual existence. The legal situs of the city shall be Monroe County.

SECTION 1.11. City property.

Title to any property, real or personal, within or without the corporate limits of said city, heretofore acquired by the City of Forsyth, with or without proper charter authority, is vested in the City of Forsyth created by this Act, the acquisition thereof being ratified and made lawful. The City of Forsyth, created by this Act, is authorized and empowered to purchase, hold, rent, lease, and receive by gift or otherwise, and to enjoy, possess and retain, temporarily or permanently, any property, real or personal, of any kind whatsoever, either within or without the corporate limits of said city, for corporate purposes.

SECTION 1.12. Corporate boundaries.

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

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the earlier map or maps which it is designated to replace but such earlier maps shall be retained in the office of the city clerk.

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 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 this city.

SECTION 1.14. Examples of powers.

The powers of this city shall include, but not be limited to, the following powers: (1) 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; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, fire safety, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the 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 enumerated in Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted;

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(6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of stormwater and establishment of a stormwater utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge or restrict the same; to prescribe fire safety regulations consistent with general law, relating to fire prevention and detection and firefighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety and welfare. To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city, to provide for commitment of such persons to any jail, to provide for the use of pretrial diversion and any alternative sentencing allowed by law, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (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;

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(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 of the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city, and the administration and use of the same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, stormwater management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and firefighting agency; (25) Public hazards removal. To provide for the destruction and removal of any building or other structure, which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detention, penal and medical institutions, agencies and facilities; and to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted;

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(27) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or 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; (30) 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; (31) Retirement. To provide and maintain a retirement plan and other employee benefit plans and programs for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts for the use of public utilities; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers; to regulate 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; to restrict adult bookstores and entertainment to certain areas; to regulate and license vehicles operated for hire in the

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city; to limit the number of vehicles operated for hire; to require the operators of vehicles operated for hire to be licensed; to require public liability insurance on vehicles operated for hire in the amounts to be prescribed by ordinance; and to regulate the parking of vehicles operated for hire; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation. (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Urban redevelopment. To organize and operate an urban redevelopment program; (40) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers, now or in the future, authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.15. 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, ELECTIONS, AND REMOVAL
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 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 for by general law and this charter.

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SECTION 2.11. City council terms and qualifications for office.

The mayor and each council member shall serve for terms of four years and until their respective successors are elected and qualified. There shall be no limits on the number of terms a mayor or council member is eligible to serve. No person shall be eligible to serve as mayor or a council member unless that person shall be at least 21 years of age and has been a resident of the city for 12 months prior to the date of election for such position. Each elected official shall continue to reside in the city during that official's period of service and 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 and each 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) Forfeiture of office. The mayor or any council member shall forfeit his office if he or she:
(1) Lacks at any time during his or her term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (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 any council member shall be filled for the remainder of the unexpired term, if any, by appointment by a majority vote of the remaining city council 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 other such laws as are or may hereafter be enacted.

SECTION 2.13. Compensation and expenses.

The mayor and each council member shall receive as compensation for their services and reasonable and necessary expenses such amounts as may be established by ordinance either heretofore or hereafter provided; however, any change in compensation for the mayor and any council member shall not take place prior to the start of the calendar year following the date on which the change was made.

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SECTION 2.14. Conflicts of interest; holding other offices.

(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflicts 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 that person's judgment or action in the performance of official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the Official Code of Georgia Annotated, 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, item, 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 that person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which 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 council members who have 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.

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(d) Use of public property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit 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 council members 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 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. This section shall not be construed as to prohibit the mayor or any council member from being appointed to represent the City of Forsyth on any board or authority upon which the City of Forsyth is entitled to representation under the bylaws of said authority. (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 an 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 city council either immediately upon qualification for an election or at any time such conflict may arise. (h) Penalties for violation.
(1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the city who shall forfeit an office or position, as described in paragraph (1) above, shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.

SECTION 2.15. Inquiries and investigations.

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

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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 city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, consistent 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 Forsyth 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, 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 meet for organization on the first Tuesday of each January. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows:
"I do solemnly swear that I will faithfully perform the duties of (mayor)(council members) 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 Forsyth for the time required by the Constitution and laws of this state and by the municipal charter. I will at all times act ethically and professionally when in the conduct of city business, and I will

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not become delinquent in any financial or personal obligations to the City of Forsyth. I will perform the duties of my office in the best interest of the City of Forsyth and 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 of the mayor or by four council members. Notice of such special meetings shall be served on all other members personally, by telephone, or shall be left at their residence at least 48 hours in advance of the meeting. Such notice shall not be required if the mayor and all council members are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice of any special meeting. Only the business stated in the notice shall be transacted at the special meeting except by unanimous consent of all members of the city council. With such consent, any business that may be transacted at a regular meeting may be conducted 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 or procedures 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) The mayor shall have the power to appoint ad hoc advisory committees as is deemed necessary. All ad hoc committee members and committee chairs shall be appointed by the mayor and shall serve at the pleasure of the mayor. (c) The city council shall have the power to appoint the city's representative to any board, council, or committee upon which the City of Forsyth is entitled to membership.

SECTION 2.21. Quorum; voting.

(a) Four council members, not including the mayor, shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances

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shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of four council members shall be required for the adoption of any ordinance, resolution, or motion. The mayor shall vote only in the case of a tie or in the case where his or her vote would provide the fourth affirmative vote required for approval of a matter. (b) An abstention noted on the record shall be counted as a negative vote.

SECTION 2.22. Action requiring an ordinance; definition.

An ordinance shall be defined as any act of the city council which shall have the force and effect of law. All such acts shall be enacted by ordinance and not by resolution. An ordinance shall be adopted in accordance with the requirements in Section 2.23.

SECTION 2.23. Ordinance form; procedures.

(a) Every proposed ordinance, as defined by Section 2.22, 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. Every ordinance shall begin with the enacting clause as follows: "It is hereby ordained by the governing authority of the City of Forsyth." (b) Following the first reading of any proposed ordinance, except emergency ordinances, the city clerk shall distribute a copy to the mayor and to each of the council members, shall file a reasonable number of copies in the office of the city clerk, and shall provide for publication of a notice of proposed ordinance in a local newspaper for two consecutive weeks. The notice shall describe the ordinance in brief and general terms and state that it is available for public inspection at the office of the city clerk. (c) Proposed ordinances, except emergency ordinances, shall be given a second reading at the next meeting of the city council, following the second publication of the notice of a proposed ordinance in the local newspaper and, after such reading, all persons interested shall be given an opportunity to be heard. A vote of the city council may be taken at that time and the proposed ordinance adopted. (d) The city council may then pass such ordinance with or without amendment, except that if the city council makes a substantive amendment, the ordinance shall not pass until a notice of amendment has been published twice in a local newspaper. (e) Every ordinance adopted by the city council shall be presented promptly to the mayor. (f) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk with or without his approval, or with his 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 eleventh calendar day

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after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council, through the clerk, a written statement of his reasons for his veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (g) Any ordinance vetoed by the mayor shall be presented by the clerk to the city council at its next regular meeting. Should the city council then or at its next regular meeting adopt the ordinance by an affirmative vote of five members, it shall become law. If such action is not taken by the city council, the ordinance shall not become law.

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

SECTION 2.25. Codes of technical regulations.

(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances in general except that: (1) the requirements of Section 2.23(b) for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance;

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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 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, technical regulations, 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 Forsyth, 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 this 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 council members. The compensation of the mayor shall be established in the same manner as for council members.

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SECTION 2.28. Chief executive officer.

The city manager shall be the chief executive officer of the city.

SECTION 2.29. Powers and duties of mayor.

As the chief elected official of the city, the mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesperson of the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city; (5) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient; (6) Call for special meetings of the city council as provided in Section 2.19(b); (7) Approve or disapprove ordinances as provided in Section 2.23 of this charter; (8) Disapprove or reduce any item or items in the budget. The approved or reduced parts of any budget shall become effective, and the part or parts disapproved shall not become effective unless subsequently passed by the affirmative vote of five council members. (9) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; and (10) Perform such other duties as may be required by law, this charter, or by ordinance.

SECTION 2.30. Submission of ordinances to the mayor; veto power.

The mayor shall have veto power as prescribed in Section 2.23 in this charter.

SECTION 2.31. Mayor pro tempore; selections; duties.

By a majority vote, the city council shall elect a council member to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor upon the mayor's physical or mental disability, suspension from office or absence. The city council, by a majority vote, shall elect a new presiding officer from among its members for any period in which the mayor pro tempore is disabled, absent, or acting as the mayor. Any such absence or disability shall be declared

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by a majority vote of all council members. When serving as a mayor, the mayor pro tempore shall vote only in the case of a tie or in the case where his or her vote would provide the fourth affirmative vote required for approval of a matter.

SECTION 2.32. City manager; appointment.

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 2.33. City manager; removal.

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

SECTION 2.34. Acting city manager.

By letter filed with the city clerk, the manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of manager during the manager's temporary absence or physical or mental disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return or the manager's disability shall cease.

SECTION 2.35. Powers and duties of the city manager.

The city manager shall be the chief executive officer of the city. The manager shall be responsible to the city council for the administration of all city affairs placed in the manager's charge by or under this charter. As the chief executive officer, 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 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 prescribed in this charter;

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(3) Attend all city council meetings and have the right to take part in discussion, but not vote except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager; (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 fully 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 reports as the city council may require concerning the operations of city departments, offices, and agencies subject to the managers direct 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 2.36. Council interference with administration.

Except for the purposes of inquiries and investigations, 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 the city council shall not give orders to any such officer or employee, either publicly or privately.

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

(a) Except as otherwise provided in this charter, the city council 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 this city. (b) There may be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (c) The city clerk and all directors of departments shall receive such compensation as prescribed by ordinance or resolution, at the recommendation of the city manager.

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(d) The city clerk, department directors, and all city employees are employed at-will and are subject to removal or suspension at any time at the discretion of the city manager.

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, 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 created by the city 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 chair and one member as vice-chair, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.

SECTION 3.12. City attorney.

The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for

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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. Custodian of records.

The city council shall designate annually, at its organization meeting, a custodian of records who shall not be a council member, but may be the city clerk or another regular employee of the city. This individual shall be custodian of the official city seal and city records, and shall maintain city council records required by this charter.

SECTION 3.14. Position classification and pay plans.

The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the mayor and city council for approval. Such 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.

SECTION 3.15. Personnel policies.

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

ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation, name.

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

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SECTION 4.11. Chief judge, associate judges.

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

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 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 that time fixed for trial, the bond shall be forfeited by the judge

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

SECTION 4.14. Certiorari.

The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Monroe 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 and clerk of municipal court, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.

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ARTICLE V ELECTIONS SECTION 5.10. Applicability of general law.

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

SECTION 5.11. Election of the city council and mayor.

(a) There shall be a municipal general election biennially in the odd-numbered years on the Tuesday next following first Monday in November. (b) Each council position shall be designated as a post for the purposes of conducting elections. There shall be elected the mayor and three city council members posts at one election and at every other regular election thereafter. The remaining council posts 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 (50 percent plus one) of the votes cast for any city office shall be elected. If no person receives a majority, the two candidates receiving the most votes will advance to a runoff election, to be held in a manner consistent with the Georgia Election Code, Chapter 2 of Title 21 of the Official Code of Georgia Annotated.

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 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

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or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the Georgia Election Code, Chapter 2 of Title 21 of the Official Code of Georgia Annotated, as now or hereafter amended.

SECTION 5.15. 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, Chapter 2 of Title 21 of the Official Code of Georgia Annotated.

SECTION 5.16. Removal of officers.

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

ARTICLE VI FINANCE
SECTION 6.10. Ad valorem (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

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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. All property subject to taxation for state or county purposes, assessed as of January 1 in each year, shall be subject to the ad valorem tax levied by the City of Forsyth. The city council by ordinance shall elect to use the county assessment for the year in which the city taxes are to be levied and shall request the county to furnish appropriate information for such purpose.

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

The city council, by resolution, shall annually 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 said resolution, may also 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 6.17.

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 6.17.

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

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

SECTION 6.15. Service charges.

The city council by ordinance shall have the power to assess and collect fees, charges, assessments, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city. If unpaid, such charges shall be collected as provided in Section 6.17.

SECTION 6.16. Construction, other taxes and fees.

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

SECTION 6.17. 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 6.16 by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.

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SECTION 6.18. 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 6.19. 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 6.20. 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 6.21. 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 Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted.

SECTION 6.22. Fiscal year.

The City of Forsyth's fiscal year shall run from January 1 to December 31. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency and activity of the city government unless otherwise provided by state or federal law.

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SECTION 6.23. 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 6.24. Submission of operating budget to city council.

On or before a date fixed by the city council but not later than 30 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of all changes recommended for the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

SECTION 6.25. 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 resolution shall adopt the final operating budget by a time each fiscal year as enumerated in the budget preparation 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 resolution setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or

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

SECTION 6.26. Tax levies.

The city council shall levy by ordinance or resolution 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 6.27. Changes in appropriations.

The city council by resolution 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 6.28. Capital budget.

(a) On or before the date fixed by the city council but no later than 30 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.24. (b) The city council shall adopt by resolution 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 resolution of the city council.

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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 made available to the public at the cost of printing such reports.

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 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.

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 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 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

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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 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.

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SECTION 7.14. Construction.

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

SECTION 7.15. Severability.

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

SECTION 7.16. Effective date.

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

SECTION 7.17. Specific repealer.

An Act approved March 23, 1977 (Ga. L. 1977, p. 3980), and all amendatory Acts thereto, are hereby repealed.

SECTION 7.18. General repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to provide a new charter for the City of Forsyth which shall

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supersede all previous charters for the City of Forsyth; 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 manager, a city attorney, a custodian of records, 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; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert Dickey, who on oath deposes and says that he is the Representative from District 140 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Monroe County Reporter which is the official organ of Monroe County on February 11, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ ROBERT DICKEY Robert Dickey Representative, District 140

Sworn to and subscribed before me, this 4th day of March, 2015.

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

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My Commission Expires December 29, 2018 (SEAL)

Approved May 5, 2015.

__________

CITY OF FORSYTH CITY OF FORSYTH CONVENTION AND VISITORS BUREAU AUTHORITY; CREATION.

No. 69 (House Bill No. 479).

AN ACT

To create the City of Forsyth 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, trade, and conventions in the City of Forsyth, Georgia; to provide for creation and organization of the authority; to provide for a purpose; to provide for powers, duties, and authority; to provide for a board of directors, membership, terms of office, and removal from office; to provide for an executive director and his or her duties and powers; to provide for meetings; to limit liability; to provide for a budget and finances; to provide for oversight; to provide that the city not be bound; to provide definitions; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Short title.

This Act shall be known and may be cited as "The City of Forsyth Convention and Visitors Bureau Authority Act."

SECTION 2. Definitions and references.

As used in this Act, the term: (1) "Authority" means the City of Forsyth Convention and Visitors Bureau Authority. (2) "Board" means the board of directors of the authority. (3) "City council" means the city council of the City of Forsyth. (4) "Director" means a member of the board of directors of the authority. (5) "Mayor" means the mayor of the City of Forsyth.

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SECTION 3. Creation of authority, status, tax exemption, and sovereign immunity.

(a) There is created a body public and politic to be known as the City of Forsyth 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 an Act of the General Assembly to serve certain purposes described in O.C.G.A. Section 48-13-51. The authority is intended to be an agency and instrumentality of the city and a governmental unit. The authority shall not be a state institution nor department or agency of the state but shall be a creation of the state. (b) The authority shall maintain its principal office in the City of Forsyth, and its legal situs or residence for the purposes of this Act shall be in the City of Forsyth. (c) The exercise of the powers conferred upon the authority in this Act shall constitute an essential government 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 exemptions 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 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 Monroe County, which shall have exclusive, original jurisdiction of such actions. The property of the authority shall not be subject to levy or sale under legal process. The records of the authority shall be public records which are subject to O.C.G.A. Section 50-18-70, et seq. Nothing in this Act shall be construed to abridge or change the powers and duties of other authorities, departments, boards, and like agencies of the city.

SECTION 4. Purpose.

The duties and purposes of the authority shall be to:

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(1) Promote tourism, trade, and conventions for the City of Forsyth; (2) Study, investigate, and develop plans for improving tourism in the City of Forsyth and doing such things as tend to bring visitors and conventions into the city; (3) Advise and recommend plans to the city council and departments of the city for the development of tourism in the city; and (4) Otherwise promote public interest in the general improvement of tourism in the City of Forsyth.

SECTION 5. Powers.

(a) The authority shall have all powers necessary or convenient to carry out and effectuate the purpose and provisions of this Act, including, but without limiting the generality of the foregoing, the power:
(1) To sue and be sued in contract or tort and to file complaints and defend in all courts; (2) To adopt and alter a corporate seal; (3) To acquire in its own name real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes by purchase on such terms and conditions and in such manner as it may deem proper, or by gift, grant, lease, or otherwise; to insure the same against any and all risks as such insurance may, from time to time, be available, and to use such property, rent or lease the same to or from others, make contracts with respect to the use thereof, or sell, lease, or otherwise dispose of any such property in any manner it deems to the best advantage of the authority and the purpose thereof. Title to any such property of the authority shall be held by the authority exclusively for the benefit of the public; (4) To exercise any one or more of the powers, rights, and privileges conferred by this Act either alone or jointly or in common with one or more other parties, whether public or private. In any such exercise of such powers, rights, and privileges jointly or in common with respect to the construction, operation, and maintenance of projects, the authority may own an undivided interest in such projects with any other parties, whether public or private. The authority may enter into agreements with respect to any project with the other parties participating therein, and any such agreement may contain such terms, conditions, and provisions consistent with this Act as the parties thereto may deem to be in their best interest; (5) To make and exercise contracts, agreements, and other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created; (6) To borrow money to further or carry out its public purpose and to execute notes, other obligations, leases, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary

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or desirable in the judgment of the authority to evidence and to provide security for such borrowing; (7) 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 authority'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; (8) To enter into agreements with the federal government, state government, or any agency thereof to use the facilities or services of the federal government, state government, or any agency thereof in order to further or carry out the public purposes of the authority; (9) Subject to proper appropriation to the authority, to receive and use the proceeds of any tax, including but not limited to a hotel-motel tax, levied by the city or any other political subdivision or taxing district of the state; (10) To accept donations and appropriations of money, services, products, property, and facilities for expenditure and use by the authority for the accomplishment of its purpose; (11) To adopt bylaws governing the conduct of business by the authority, the election and duties of officers of the authority, and other matters which the authority determines to include in its bylaws; (12) To invest any accumulation of its funds in any manner that public funds of the state or its political subdivisions may be invested; and (13) To do any and all things necessary or proper for the accomplishment of the objectives of this Act and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the public purpose of the authority or the Constitution and 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 elsewhere in this Act and no such power limits or restricts any other power of the authority.

SECTION 6. Board of directors.

(a) The property and business of the authority and the direction and execution of its activities shall be vested in and managed by the board of directors. The board shall have full control for setting policies, day-to-day operations, and approving annual budgets. (b) The board shall consist of nine directors, who shall be natural persons at least 21 years of age and who shall be residents of the city, or owners or employees of a business within the city. The city council shall appoint eight directors to the board by majority-vote; two of such directors shall be selected from the hotel-motel sector, two directors shall be selected from the restaurant sector, two directors shall be selected from the retail sector, and two directors shall be selected as members-at-large. The mayor shall appoint the ninth director

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who shall be an incumbent member of the city council and whose appointment shall be approved by a majority-vote of the city council. An appointee may also be a member of other boards and authorities of the city; however, no other city council member shall be appointed as a director except for the director appointed by the mayor. (c) The initial appointees to the board shall serve for staggered terms; the city council shall designate two of its initial appointments to serve terms of one year, two to serve terms of two years, and two to serve terms of three years. All other terms shall last for four years. Directors may succeed themselves. Terms shall expire on December 31 of the year in which the term is scheduled to end, and the appointment for the succeeding term shall be effective January 1 of the year in which the term is scheduled to begin. Any director may resign at any time by filing a written notice of resignation with the city clerk. Directors shall serve at the pleasure of the mayor and city council and may be removed, with or without cause, by a two-thirds' vote of the mayor and entire city council with the mayor having the right to vote on the question of such removal. (d) At the first meeting of the board, the directors shall elect, from among the directors, a chairperson, a vice-chairperson, and a secretary-treasurer as officers. Officers shall be elected on a calendar year basis and may be re-elected for succeeding terms. The chairperson shall preside at meetings of 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 members 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. Four directors shall constitute a quorum. Official action may be taken by majority vote of those directors voting on a matter if a quorum is present and voting on such matter, except that the bylaws of the board may only be initially adopted or subsequently amended by majority vote of all members. All directors present at a meeting shall be entitled to vote on all matters that come before the meeting except as otherwise provided in this Act. No vacancy on the board shall impair the right of the quorum to exercise all the rights and perform all the duties of the board. (e) Members shall receive no compensation for their services as directors of the authority but may be reimbursed for their proper and reasonable expenses incurred in the performance of their duties for the authority and as directors.

SECTION 7. Executive director.

The board shall have the power to employ an executive director as may be necessary to the operation of the board's activities, to whom in turn shall be delegated the authority and responsibility necessary to administer properly the business of the board, within polices set by the board and subject to the board's review. The executive director shall have full charge of the offices and the employees of the authority, including authority to hire and terminate

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employees. The board shall have the authority to establish salaries and compensation for said executive director and all of its employees.

SECTION 8. Meetings of the board of directors.

The board shall meet at such times as necessary to transact the business coming before it, and shall have an organizational meeting annually in January and shall have monthly meetings throughout the remainder of each year. Meetings of the board shall be open to the public in accordance with the laws of the state. Written minutes of all meetings shall be kept and a copy thereof furnished to the mayor and city council. Meetings shall be conducted in accordance with Robert's Rules of Order.

SECTION 9. Liability limited.

Neither the directors nor any person executing notes or obligations on behalf of the authority shall be personally liable thereon by reason of said execution.

SECTION 10. Budget and finances.

The board shall prepare and submit an annual budget to the mayor and city council seeking appropriations to the authority by the city council. Such appropriations shall be funded from the revenue received from the city's hotel-motel tax. The authority shall comply with all provisions related to the expenditure of hotel-motel tax revenue. As of January 1, 2015, said provisions are contained in Article 3 of Chapter 13 of Title 48 of the O.C.G.A. The authority shall also abide by any other spending restrictions or criteria set forth by the mayor and city council.

SECTION 11. Oversight.

The mayor and city council shall be authorized to, by and through a committee or by any person they select, inspect the books, accounts, and property of the authority. The authority shall furnish reasonable facility and assistance to aid such inspections.

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SECTION 12. City not bound.

The authority shall not have the power or authority to bind the city either by contract, agreement, financial obligations, indebtedness, or otherwise. No such contract, agreement, financial obligation, or indebtedness incurred by the authority shall ever provide a claim or charge against the city.

SECTION 13. 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 2015 session of the General Assembly of Georgia a bill to create the City of Forsyth 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, trade, and conventions in the City of Forsyth, Georgia; to provide for creation and organization of the authority; to provide for a purpose; to provide for powers, duties, and authority; to provide for a board of directors, membership, terms of office, and removal from office; to provide for an executive director and his or her duties and powers; to provide for meetings; to limit liability; to provide for a budget and finances; to provide for oversight; to provide that the city not be bound; to provide definitions; to provide a short title; 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, Robert Dickey, who on oath deposes and says that he is the Representative from District 140 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Monroe County Reporter which is the official organ of Monroe County on February 11, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ROBERT DICKEY Robert Dickey Representative, District 140

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Sworn to and subscribed before me, this 17th day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 5, 2015.

__________

MILLEDGEVILLE-BALDWIN COUNTY CONSOLIDATED GOVERNMENT; CREATION; REFERENDUM.

No. 83 (House Bill No. 67).

AN ACT

To provide for the unified government of Milledgeville-Baldwin County; to provide for boundaries and districts; to provide for powers and duties; to provide for organization, qualifications, election, terms, and filling of vacancies; to provide for associated offices, departments, and agencies; to provide for budgets and financial matters; to provide for a transition period; to provide for the repeal of certain Acts; to provide for a referendum; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I Power of Unified Government UNIFICATION, CREATION, BOUNDARIES, STATUS, AND POWERS OF UNIFIED GOVERNMENT
SECTION 1-101. Unification of county and city; creation of unified government.

(a) The new government shall be known as the Milledgeville-Baldwin County Unified Government. This unification shall result in the creation and establishment of a single government with powers and jurisdiction throughout the territorial limits of Baldwin County, which single government shall supersede and replace the governments of the City of Milledgeville and Baldwin County. Such county-wide government shall be a new political entity, a body politic and corporate, and a political subdivision of the state, to be known as

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"Milledgeville-Baldwin County, Georgia," having all the governmental and corporate powers, duties, and functions heretofore held by and vested in the City of Milledgeville and Baldwin County, and also the powers, duties, and functions provided in this charter. The unified government shall be a public corporation; shall have perpetual existence; shall adopt a common seal; shall, without the necessity or formality of a deed, bill of sale, or other instrument of transfer, own, possess, and hold all the properties of whatsoever kind or nature, assets, contracts, franchises, things, rights, privileges, immunities, and real and personal property theretofore owned, possessed, enjoyed, or held by the City of Milledgeville or Baldwin County; and by the name of Milledgeville-Baldwin County, Georgia, shall be capable of suing and being sued when authorized by this charter and by the Constitution and laws of the State of Georgia. From and after the effective date of this charter, the political subdivision known as Baldwin County, Georgia, and the municipal corporation known as the City of Milledgeville, Georgia, shall be unified into the said new political entity created in this charter. (b) Milledgeville-Baldwin County, Georgia, shall encourage the meaningful involvement in its operations of all citizens of Milledgeville-Baldwin County. This government shall comply with the United States Civil Rights Act of 1964 and 1972 as well as federal and state employment law where applicable. State of Georgia home rule statutes shall also apply where applicable. (c) The unification of the governments of the City of Milledgeville and Baldwin County is authorized pursuant to the provisions of Article IX, Section III, Paragraph II(a) of the Constitution of Georgia of 1983, as amended. (d) When the term "Milledgeville-Baldwin County Commission" or "commission" is used in this charter, unless a contrary meaning is clearly apparent from the context, such term shall include the mayor, vice mayor, and commissioners.

SECTION 1-102. Boundaries.

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

SECTION 1-103. Status as municipal corporation and county.

Milledgeville-Baldwin County, Georgia, shall be deemed to be both a municipal corporation and a county throughout the total territory of said government. It is the express intention of

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this section to declare as a city and as a part of the unified government all of the area of Baldwin County.

SECTION 1-104. Powers.

(a) Milledgeville-Baldwin County, Georgia, shall have all powers of self-government authorized by the Constitution and not otherwise prohibited by the laws of Georgia. (b) In addition to the foregoing, the unified government shall have and be vested with, to the same extent as if herein repeated, all rights, powers, duties, privileges, and authority that the mayor and council of the City of Milledgeville or the Commission of Baldwin County, or both, have under the Constitution and general and local laws of the State of Georgia at the time of adoption of this charter. This authority shall include, but shall not be limited to, the authority to adopt home rule ordinances and resolutions as provided in Article IX, Section II of the Constitution of the State of Georgia. (c) In addition to the foregoing, the unified government shall have all rights, powers, duties, privileges, and authority herein conferred or herein enlarged, and such other rights, powers, duties, privileges, and authority as may be necessary and proper for carrying the same into execution, and also all rights, powers, duties, privileges, and authority, whether express or implied, that may be now vested in or hereafter granted to counties or municipal corporations, or both, by the Constitution and laws of the State of Georgia, including the powers vested in the unified government by this charter. (d) The unified government, in addition to the rights, duties, powers, privileges, and authority expressly conferred upon it by this charter, shall have the right, duty, power, privilege, and authority to exercise and enjoy all other powers, duties, functions, rights, privileges, and immunities necessary and proper to promote or protect the safety, health, peace, security, and general welfare of said government and its inhabitants and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein and to do and perform all of the acts pertaining to its property, affairs, and local government which are necessary or proper in the legitimate exercise of its corporate powers and governmental duties and functions. (e) No enumeration of any right, power, privilege, or authority provided in other sections of this charter shall be construed as limiting or abolishing any right, power, and privilege or authority set forth in this section. (f) In addition to and supplementary to all other powers which it may possess, and by way of illustration and not of limitation, the unified government shall have the powers specifically enumerated in Section 8-114 of this charter.

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SECTION 1-105. Taxing districts.

(a) The unified government shall divide the county into two or more taxing districts which shall be known as "services districts"; provided, however, that at least one of such districts shall be known as the general services district. The general services district shall embrace the total geographic area of Milledgeville-Baldwin County. In addition, the board of commissioners shall initially establish at least one urban services district which shall embrace such territory for which provision is made by the commission for additional or higher levels of services than are provided uniformly throughout the territory of the unified government. (b) Taxes shall be assessed, levied, and collected in accordance with the kind, character, type, degree, and level of services provided by the government within such services districts; and the rate and manner of taxation may vary in any one district from that in another or other districts. (c) The unified government may also establish special services districts which shall embrace such territory or territories for which provision is made by the commission for additional or higher levels of services provided by the unified government. (d) In the establishment of future services district or districts, the commission shall hold one or more public hearings thereon at which all interested persons affected thereby shall have an opportunity to be heard. Notice of the time, place, and date of such hearings shall be published in the official legal organ of Milledgeville-Baldwin County at least once a week during the two weeks immediately preceding the date of the hearing. (e) The unified government shall be empowered to exercise and provide within the general services district and within any urban and special services district established by this charter or by ordinance of the commission those powers, functions, and services which have previously been exercised and provided by Baldwin County or the City of Milledgeville, or both; all powers, functions, and services authorized by this charter and any amendments thereto; and all powers, functions, and services which counties or municipal corporations, or both, are now or are hereafter authorized to exercise under the Constitution and laws of the State of Georgia. (f) The unified government shall perform within the general services district those governmental duties, functions, and services which are generally available and accessible to all residents throughout the total area of said government. (g) The unified government shall perform within its urban services districts those additional, more comprehensive and intensive, and higher levels of governmental duties, functions, and services which benefit primarily the residents of such urban services districts. (h) The unified government shall perform within its special services districts those additionally selected, more comprehensive, intensive, and higher levels of governmental duties, functions, and services which benefit primarily the residents of such special services districts.

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(i) Except as otherwise provided by this charter, urban and special services districts of the unified government shall be created, expanded, merged, consolidated, or reduced only by an ordinance duly adopted by the commission under such general rules, procedures, regulations, requirements, and specifications as established by the commission; provided, however, that no new urban or special services district shall be created or existing urban or special services district expanded, abolished, merged, consolidated, or reduced without providing an opportunity for interested persons to be heard by publishing a notice of a public hearing on the proposed expansion, abolishment, merger, consolidation, reduction, or creation of an urban or special services district in the official legal organ of Milledgeville-Baldwin County, Georgia, at least once a week during the two weeks immediately preceding the date of hearing. Such rules and regulations shall set forth the manner and method for the creation of new urban and special services districts; the expansion, abolishment, consolidation, reduction, or merger of existing urban or special services districts; requirements for defining functions and policies for rendering services; changes in levels of services within existing services districts; the transfer of territory from one services district to another; requirements for defining boundaries of services districts; procedures for the expansion, abolishment, reduction, or consolidation of existing services districts; and requirements for defining boundaries of services districts. (j) The unified government is empowered to create new services and eliminate existing services by the same procedures and methods stated in this section. (k) Citizens of any area in the county may request additional services by petitioning the unified government according to the rules, procedures, and guidelines established by the unified government. The unified government shall hold public hearings as outlined in the services district modification procedure stated in this section and shall consider all comments received prior to reaching a final decision.

SECTION 1-106. Construction.

The powers of the unified government shall be construed liberally in favor of the unified government. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general powers of the unified government as provided in this article. It is the intention hereof to grant to the unified government full power and right to exercise all governmental authority authorized by the Constitution and laws of Georgia which is necessary for the effective operation and conduct of the unified government within its territory and for the conduct of all of its affairs.

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ARTICLE II Legislative Make-up UNIFICATION, CREATION, BOUNDARIES, STATUS, AND POWERS OF UNIFIED GOVERNMENT. SECTION 2-101. Organization, oath, rules, quorum, records; vice chair.

(a)(1) The unified government provides for the creation of the Milledgeville-Baldwin County Commission as its governing body.
(2)(A) The commission shall be composed of five commissioners elected from districts and a mayor and vice mayor who shall be elected at large. For the purpose of electing members of the commission, Milledgeville-Baldwin County shall be divided into five commissioner districts. One member of the commission 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: MillBaldCC-2015 Plan Type: Local Administrator: H145 User: Gina".
(B)(i) For the purposes of such plan: (I) The term "VTD" shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (II) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia.
(ii) Any part of Milledgeville-Baldwin County which is not included in any district described in subparagraph (a)(2)(A) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (iii) Any part of Milledgeville-Baldwin County which is described in subparagraph (a)(2)(A) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) After the initial election of the mayor, vice mayor, and commission members as provided in Section 6-301 of this charter, the mayor, vice mayor, and commission members shall be elected to four-year terms of office and until their respective successors are elected and qualified. The Milledgeville-Baldwin County Commission (also referred

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to as "commission", "board of commissioners", or "board") shall meet for organization and swearing in purposes on the first Tuesday after January 1 following its election or as soon thereafter practicable. At this meeting, the newly elected commissioners shall each take the following oath of office, to be administered by the judge of the probate court:
"I do solemnly swear (or affirm) that I will well and truly perform the duties of commissioner of the unified government of Milledgeville-Baldwin County, Georgia, 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, so help me God." (b) The commission, by majority vote, shall adopt rules of procedure governing the transaction of its business consistent with the provisions of this charter; shall set by ordinance the time, date, and place for regular meetings, which will be held at least once each month; and shall provide for keeping minutes of its proceedings by the clerk as provided for by the charter. The commission may opt to hold more than one regular monthly meeting or may choose to hold a regular monthly work session. In either case, the number and type of meeting shall be established annually by majority vote. (c) At its first organizational meeting, the commission shall select the date when it will hold its regular monthly meetings. (d) Four of the seven members of the commission shall constitute a quorum for the transaction of business; however, a smaller number may adjourn from time to time. (e) Special meetings of the commission may be called by the mayor or by a quorum of commissioners upon no less than 24 hour notice. Written notice of such meeting shall be served personally on each member or left at the usual place of business or residence of such member. Such notice of a special meeting may be waived in writing either before or after such meeting. Subject to subsection (d) of Code Section 50-14-l of the O.C.G.A., special meetings may be held at any time without notice to all commissioners, upon attendance at such meeting by all members of the commission, or by waiver of notice of those not in attendance. (f) All meetings of the commission, except for those exceptions provided for in general law, shall be public; and any citizen shall have access to the minutes and records thereof at reasonable times. (g) In the absence of the mayor for any reason, the vice mayor shall preside over meetings and discharge the duties of mayor until either the return of the mayor or the election of a new mayor. While serving as the mayor, the vice mayor shall have the same powers as the mayor.

SECTION 2-102. Powers of the commission.

(a) All legislative powers of the unified government of Milledgeville-Baldwin County, Georgia, including any powers which may hereafter be conferred by law upon said

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government, shall be vested exclusively in the mayor and the commission in accordance with the provisions of this charter. (b) The unified government, in addition to the rights, duties and powers, privileges, and authority expressly conferred upon it by this charter, shall have the right, duty, power, privilege, and authority to exercise and enjoy all other powers, duties, functions, rights, privileges, and immunities necessary and proper to promote or protect the safety, health, peace, security, and general welfare of said government and its inhabitants and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated in this charter to do and perform all the acts pertaining to its local affairs, property, and government that are necessary or proper in the legitimate exercise of its corporate powers and governmental duties and functions. (c) No repeal of any law under which the unified government derives any right, power, privilege, or authority, except by amendment of this charter as provided in this charter, shall be construed as limiting or abolishing any such right, power, privilege, or authority set forth in this charter. (d) The general laws of the State of Georgia of a criminal nature shall be applicable to and within the limits of the unified government. General laws of local application through classification by population not in conflict with this charter which, on the effective date of this charter, apply to the City of Milledgeville or Baldwin County which are applicable to the unified government and which apply to the unified government as either a city or a county at the time of their enactment or thereafter shall be effective, but those which did not apply to the City of Milledgeville or Baldwin County or the unified government at the time of their enactment shall not become applicable to the unified government except through the adoption of a resolution to that effect by the commission. (e) Local Acts of the State of Georgia which apply specifically to Baldwin County, or the City of Milledgeville, or both collectively, shall be applicable to the unified government. (f) In construing the applicability of provisions of the Constitution and the general laws of Georgia which apply in general terms to either counties or municipalities, or both, and local Acts of the General Assembly that apply specifically to Baldwin County, the City of Milledgeville, or all collectively, the following terms as used in such laws shall be construed to include the unified government as follows:
(1) "Board of commissioners" shall be construed to include the commission of Milledgeville-Baldwin County, Georgia; (2) "City," "town," "municipal corporation," or "municipality" shall be construed to include Milledgeville-Baldwin County, Georgia; (3) "Council," "mayor," "mayor and council," and "county commissioners" shall be construed to include the commission of Milledgeville-Baldwin County, Georgia; and (4) "County" means Milledgeville-Baldwin County, Georgia. Any other terms and provisions as used in such Acts to refer specifically to Baldwin County or the City of Milledgeville or both collectively shall include employees, departments, and agencies of such entities.

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(g) In construing the applicability of laws in force to the unified government, the following order shall prevail:
(1) The Constitution of the State of Georgia; (2) The general laws of uniform application now in force or hereafter enacted by the General Assembly, as distinguished from general laws of local application through classification by population, applicable to municipal corporations or counties or both; (3) The general laws of local application through classification by population as and to the extent provided in subsection (b) of this section; (4) Special laws applicable to Baldwin County, not in conflict with this charter; (5) Special laws applicable to the City of Milledgeville, not in conflict with this charter; (6) This charter and all ordinances and resolutions passed pursuant thereto; and (7) Existing ordinances and resolutions of the former City of Milledgeville and existing ordinances and resolutions of the former County of Baldwin not in conflict with this charter. (h) The tort and nuisance liability of the unified government shall follow the law and rules of tort liability applicable to counties in Georgia. (i) For purposes of applicable laws, the unified government shall constitute a municipality and a county, or both. Except as otherwise provided by this charter, if a law applicable to municipalities and the same or another law applicable to counties are in conflict, the law applicable to counties shall prevail. (j) The unified government shall have the power and authority to participate in, cooperate in, and take all necessary action with respect to any and all projects, programs, and undertakings of any nature authorized by any statute, rule, or regulation of the United States, the State of Georgia, or any federal or state agency or instrumentality, including, but not limited to, community development, highways, aviation, aviation terminals, airports, airport facilities, municipal area or regional development, water and sewage disposal, public housing, housing for the aged, and transportation or mass transit or any phase thereof; to borrow money and issue promissory notes, general obligation bonds, or revenue bonds, or any combination thereof, for any such purposes in accordance with the provisions of this charter; and to execute mortgages or deeds of trust in favor of any federal agency, secured by property of which the restructured government is the legal or beneficial or equitable owner, or in favor of any private agency where the loan is guaranteed by a federal agency. (k) In addition to its legislative powers, the commission shall specifically have the power to: (1) Adopt and, as needed, amend the annual balanced budget by a majority vote; (2) Approve or reject recommendations concerning the appointments of the manager and attorney by a majority vote; (3) Remove from office the manager, attorney, or auditor by majority vote; and (4) Suspend the rules by a majority vote. (l) In the exercise of its powers, the commission shall adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with the charter, as

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may be necessary or proper for the purpose of carrying into effect the powers conferred by this charter and for the promotion and protection of the safety, health, peace, security, and general welfare of the inhabitants of the unified government and may enforce such ordinances, resolutions, rules, and regulations by imposing penalties for violations thereof, as prescribed by ordinance, by a fine that shall not to exceed $1,000.00, or by imprisonment for a period not to exceed six months. (m) Except as otherwise provided by the Constitution, general or local law, or this charter, the commission may by ordinance create, change, alter, combine, abolish, consolidate, and redefine the manner of appointment, membership, powers, and duties of bureaus, boards, commissions, departments, divisions, authorities, offices, and agencies of the unified government, including positions of public office, and may transfer and delete functions and assign additional functions to any bureaus, offices, agencies, departments, divisions, boards, authorities, commissions, and positions of public employment existing under this charter. The commission may by ordinance transfer all the assets, liabilities, and obligations thereof to a department, a division, or other unit of a department of the unified government which shall have the power and duty to perform and exercise all the functions and powers previously performed and exercised by such previous board, commission, authority, division, agency, bureau, office, department, or position of public employment. This subsection shall not apply to any authorities or boards which were created by either a local constitutional amendment or by a local Act of the General Assembly. (n) The commission shall have the power to conduct or cause to be conducted inquiries and investigations of the operations of any office, department, or agency or the conduct of any officer or employee thereof administering the affairs of the unified government. In conducting inquiries and investigations, the commission shall have the right to administer oaths; subpoena witnesses, documents, records or other evidence; take testimony; and require the production of evidence. The conduct of proceedings at commission inquiries and investigations shall be subject to such rules and regulations as the commission may prescribe by general ordinance. (o) The commission shall provide for the form of oaths and the amount and condition of surety bonds as may be required of any officer or employee of the unified government. (p) The commission shall have and exercise such other powers as conferred upon it by this charter and the laws of Georgia.

SECTION 2-103. Filling of vacancies.

(a) In the event that the office of a member of the commission becomes vacant by reason of death, resignation, or any other cause, and the term will expire in less than 180 days, the vacant position shall be filled by appointment by the remaining members of the commission. Any individual so appointed shall have the same qualifications required for election to the office.

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(b) If the term of the vacant commission position will continue for more than 180 days, a special election shall be held as provided in this charter and general state law to elect a new member of the commission to serve for the remainder of the term.

SECTION 2-201. Legislation by ordinance.

Every official act of the commission which is to have the force and effect of law shall be by ordinance and shall begin with the words: "The Commission of Milledgeville-Baldwin County, Georgia, hereby ordains". All other acts of the commission shall be by resolution or shall take such other form as prescribed by its rules.

SECTION 2-202. Introduction, consideration, and passage of ordinances and resolutions.

(a) Every proposed ordinance and every amendment shall contain not more than one subject which shall be expressed clearly in its title. (b) It shall be the duty of the attorney to review all ordinances prior to introduction to the commission in order to discern the draftsmanship and impact of the proposed ordinance. After such review, copies of such ordinance shall be prepared by the clerk of the commission and distributed to each member of the commission. (c) Every proposed ordinance shall be in writing, and each commissioner shall receive a copy. Such proposed ordinance shall be introduced by reading the title thereof at a regular monthly meeting or a properly called special meeting of the commission. Any new ordinances or amended ordinances shall be introduced at one meeting and acted on at the next or a later meeting. Rules may be suspended for exigent circumstances by majority vote. Exigent circumstances shall be defined as natural disasters or any event affecting the public order. (d) The adoption of any ordinance shall require a majority vote. (e) The passage of all ordinances shall be contingent upon the recording of the "ayes" and "nays" of each person voting and the names of each person voting for and against each proposed ordinance or amendment. The names of those abstaining and those absent shall be entered upon the minutes of the proceedings of the commission.

SECTION 2-203. Submission of ordinances to mayor; effective date.

Every ordinance or resolution adopted by the commission shall be certified by the clerk of the commission and presented to the Milledgeville-Baldwin County mayor within two business days following its adoption.

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SECTION 2-204. Authentication; recording.

The clerk of the commission shall authenticate by signature and record in full in a properly indexed book kept for that purpose all ordinances and resolutions adopted by the commission.

SECTION 2-205. Codes of technical regulations.

(a) The commission may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be prescribed for ordinances generally, except that the requirements of subsection (c) of Section 2-202 of this charter for distribution of copies of the ordinance to each commission member shall be construed to include copies of the code of technical regulations. Copies of the code of technical regulations shall be maintained in the clerk's office, as well as the adopting ordinance, and shall be authenticated by the clerk as provided in Section 2-204 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for public inspection and for purchase at a reasonable price as fixed by the commission.

SECTION 2-206. Codification and printing of ordinances.

(a) The commission shall, within two years of the effective date of this charter, provide for the preparation of general codification of all ordinances of a general or permanent nature. Such code shall be adopted by the commission by ordinance and shall be published promptly in loose-leaf form, together with all amendments thereto, this charter, and amendments hereto, and such codes of technical regulations and other rules and regulations as the commission may specify. This compilation shall be known and cited officially as the "Code of Milledgeville-Baldwin County, Georgia." As determined by the commission, copies of the code shall be furnished to officers, departments, and agencies of the unified government; placed in libraries and public offices for public reference; and made available for purchase by the public at a reasonable price. (b) Following publication of the first Code of Milledgeville-Baldwin County, Georgia, from time to time thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be in a suitable form for integration therein.

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SECTION 2-207. Prima facie evidence.

A record or entry made by the clerk of commission of a copy of such record or entry, duly certified by the clerk of commission, shall be prima facie evidence of the terms of every ordinance and its due adoption.

SECTION 2-301. Conflict of interest.

No elected official, appointed officer, or employee of Milledgeville-Baldwin County, Georgia, or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction in which the person has a financial interest which is incompatible with the proper discharge of official duties; (2) Disclose confidential information concerning the property, government, or affairs of the governmental body by which such person is engaged or is a member of without proper legal authorization or use that information to advance the financial or other private interest of such person or others; (3) Accept any gift that has a value of $100.00 or more from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in business dealings with the governmental body of which he or she is a member or by which such person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with a campaign; (4) Represent private interests other than his or her own in any action or proceeding against Milledgeville-Baldwin County, Georgia, or any portion of its government; or (5) Vote or otherwise actively participate in the negotiation or the making of any contract between Milledgeville-Baldwin County, Georgia, and any business or entity in which he or she has a financial interest.

SECTION 2-302. Disclosure.

Any elected official, appointed officer, or employee of the unified government or of any board, commission, authority, or agency thereof who has any private financial interest, direct or indirect, in any contract or matter pending before or within any department of the unified government shall disclose such private interest to the commission. Any commissioner who has a private interest in any matter pending before the commission shall disclose such private interest, and such disclosure shall be entered on the records of the commission; 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 board, commission, authority, or agency of the unified government who has any private financial interest, direct or indirect,

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in any contract or matter pending before or within such entity shall disclose such private interest to the commission.

SECTION 2-303. Testimony of public officials relating to public affairs.

Any officer or employee of the unified government or of any board, commission, authority, or agency thereof who is duly and properly called a witness before any unified government, state, or federal judicial or administrative tribunal, who before such tribunal fails to answer any proper question concerning his or her performance, shall be guilty of a violation of this charter; provided, however, that Garrity rights and fifth amendment constitutional protections are honored.

SECTION 2-304. Contracts voidable and rescindable.

Any contract between the unified government or any board, commission, authority, agency, or entity thereof made in violation of the provisions of this charter shall be voidable or rescindable at the option of the commission at any time if any elected official, appointed officer, or employee of such unified government or board, commission, authority, or agency thereof has any interest in such contract and does not disclose such interest in accordance with Section 2-302 of this charter.

SECTION 2-305. Hearings and determinations; penalties for violation.

(a) Upon the sworn complaint of any person alleging facts which, if true, would constitute a violation of this charter, the commission shall appoint an ethics committee consisting of three persons to consider such complaint. Such committee shall be selected by the commission from the following public officers of Milledgeville-Baldwin County: the clerk of superior court, the judge of the probate court, the tax commissioner, the district attorney, and the solicitor of the state court. The ethics committee may conduct a public hearing at which the accused shall be given an opportunity to be heard, either personally or through counsel. At the conclusion, based thereon, the committee shall make a determination concerning the propriety of the conduct of the official or employee in question and shall report such determination to the commission. If the ethics committee finds a violation, then the commission may impose such sanctions as if deems appropriate under this charter. (b) Any officer or employee of the unified government or of any board, commission, authority, or agency thereof who is found to have knowingly concealed his or her personal financial interest, or who is found to have knowingly violated any of the requirements of this charter, shall be deemed guilty of malfeasance in office or position. If such decision is

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upheld after all reviews and appeals provided by the unified government have been exhausted, the officer or employee shall be subject to such punishment as may be deemed appropriate by the commission and which may include forfeiture of office or position. (c) Any officer or employee of the unified government or of any board, commission, authority, or agency thereof who forfeits his or her office or position as described in subsection (b) of this section shall be ineligible for appointment or election to or employment in a position in the unified government or of any board, commission, authority, or agency thereof for a period of three years thereafter.

SECTION 2-306. Recall of elected officials.

Upon adoption of this charter, a process for recall of elected officials shall be established in accordance with state law.

SECTION 2-307. Code of ethics.

Within three months after taking office, the initial Milledgeville-Baldwin County Commission shall adopt a code of ethics for elected officials.

ARTICLE III UNIFIED GOVERNMENT HEAD
SECTION 3-101. Head of government; election; term of office; qualification; disqualification.

(a) There is hereby created the office of Milledgeville-Baldwin County Commission chairperson who shall be known as the mayor. Except as otherwise provided for an initial term of office, this position shall be elected at large by the voters of the unified government and shall serve for a term of four years and until a successor is qualified and elected. (b) Except as otherwise provided for initial terms of office, the term of office of all members of the Milledgeville-Baldwin County Commission shall be four years and until their successors are elected and qualified, except that a person appointed to fill a vacancy on the commission shall serve only for the balance of the unexpired term as provided in Section 2-103 of this charter. All terms of office shall commence at the first regular meeting in January following the election.

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SECTION 3-102. Salary and expenses.

(a) The salary of each commissioner, other than the mayor and vice mayor, shall be $15,000.00 per year, payable in equal monthly installments. The vice mayor's salary shall be $20,000.00 per year, payable in equal monthly installments. (b) In addition to their salaries, commissioners shall be reimbursed for all direct expenses incurred in carrying out the duties and responsibilities of the unified government. (c) The salary and expenses of members of the commission may be changed by ordinance, subject to the following conditions:
(1) No action to increase the salary or expenses of commissioners shall be taken until notice of intent to take the action has been published in the official legal organ of Milledgeville-Baldwin County, Georgia, at least once a week for three successive weeks immediately preceding the week during which the action is taken; (2) Salary increases shall not take effect until after the next commission is elected and seated; and (3) Increases in expense reimbursements shall take effect upon the affirmative action of the commission.

SECTION 3-103. Qualifications of office.

(a) To be eligible for election to the office of mayor or vice mayor, a person, on the date of his or her election, shall:
(1) Have attained the age of 25 years; (2) Have resided in the territory of Milledgeville-Baldwin County, Georgia, for at least one year immediately preceding the date of election and shall continue such residence therein during the term of office; (3) Be a registered voter of Milledgeville-Baldwin County, Georgia; and (4) Meet any other requirements as established by law. (b) To be eligible for election to the Milledgeville-Baldwin County Commission, a person, on the date of his or her election, shall: (1) Have attained the age of 21 years; (2) Have resided in the territory of Milledgeville-Baldwin County, Georgia, for at least one year immediately preceding the date of election and shall continue such residence therein during the term of office and shall have resided in their election district for at least one year; (3) Be a registered voter of Milledgeville-Baldwin County, Georgia; and (4) Meet any other requirements as established by law.

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(c) No person elected to the Milledgeville-Baldwin County Commission or as mayor or vice mayor shall, during that person's term of office, hold any other federal, state, or local elective government office.

SECTION 3-104. Compensation for mayor.

(a) The mayor shall receive as compensation for the services of the office an annual salary of $35,000.00, payable in equal monthly installments. (b) In addition to such salary, the mayor shall be reimbursed for all direct expenses incurred in carrying out the duties and responsibilities of the unified government. (c) The salary and expenses of the mayor may be changed by ordinance, subject to the following conditions:
(1) No action to increase the salary shall be taken until notice of intent to take the action has been published in the official legal organ of Milledgeville-Baldwin County, Georgia, at least once a week for three successive weeks immediately preceding the week during which the action is taken; (2) Salary increases shall not take effect until after the next commission is elected and seated; and (3) Increases in expense reimbursement shall take effect upon the affirmative action of the commission.

SECTION 3-105. Powers and duties of mayor.

The mayor shall: (1) Serve as the official representative of Milledgeville-Baldwin County, Georgia, including serving as the unified government's representative to federal, state, and local governmental bodies and officials; (2) Appoint a county manager, who shall be subject to confirmation by a majority of the commission; (3) Initiate the process, with the involvement of commissioners and appropriate staff, to search and screen candidates for the positions of attorney, auditor, and commission clerk and appoint candidates for such positions subject to confirmation by a majority vote of the entire commission; (4) Remove the county manager, attorney, commission clerk, and auditor for cause subject to the concurrence by a majority of the entire commission; (5) Set the agenda, after receiving input from members of the commission, the county manager, and the public, for meetings of the commission;

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(6) Make committee appointments; provided, however, that all standing and appointed committees shall be recommending bodies with the ability to recommend actions to the commission with the full commission retaining the authority to act; (7) Present the annual budget and the capital improvements budget, which shall be prepared by the county manager with the assistance of all department and agency heads and all others who supervise the implementation of a budget that uses funds of Milledgeville-Baldwin County, Georgia, for approval by the commission; (8) Be authorized to vote on any issue before the commission and shall vote in the event of a tie vote by the commission; (9) Call special meetings of the commission as provided by this charter and by rules of the commission; (10) Execute all deeds, contracts, and obligations of the unified government, provided such execution shall be attested to by the county manager; (11) Recommend to the commission the adoption of such measures as deemed necessary or expedient; (12) 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; and (13) Preside over meetings of the commission.

SECTION 3-106. Vacancy in office of mayor.

(a) In the event that the office of mayor becomes vacant by reason of death, resignation, or any other means, the vice mayor shall serve as the mayor with all the powers of the mayor for the unexpired term of office of the mayor if there are 180 days or less remaining in such term of office. (b) If there are more than 180 days remaining in the mayor's term of office, a special election shall be held as soon as practicable as provided by general law to elect a new mayor for the remainder of the vacant term. The vice mayor shall serve as the mayor until such special election is held and a successor for the mayor is elected and qualified.

ARTICLE IV ADMINISTRATION SECTION
SECTION 4-101. Milledgeville-Baldwin county manager; appointment;
qualifications; compensation.

(a) There may be a professional manager who shall be known as the county manager of Milledgeville-Baldwin County, Georgia. If appointed, the county manager shall be the full-time administrative officer of the unified government. A county manager may be appointed by the mayor recommending a candidate to the commission for the office of

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county manager and the commission confirming such recommendation. No person holding an elective office on the Milledgeville-Baldwin County Commission shall be eligible for this appointment until two years after leaving elective office. Such recommendation shall become effective when confirmed by a majority vote of the total membership of the commission. The county manager shall be prohibited from engaging in any political activity and shall not be eligible to qualify as a candidate for an elective office in the Milledgeville-Baldwin County Commission for one year after leaving office. The county manager at any time may be removed from office by a majority vote of the entire commission. (b) Whenever the office of the manager is vacant, the mayor may recommend a person to serve as acting manager until a new manager is appointed, subject to approval by a majority vote of the entire commission and subject to reappointment thereafter. The acting manager at any time may be removed by a majority vote of the entire commission. (c) The county manager need not be a resident of the county at the time of his or her appointment but shall establish residence therein within six months of such appointment and continue to reside therein throughout such appointment. The qualifications and compensation of the county manager shall be fixed by the commission.

SECTION 4-102. County manager; powers and duties.

(a) If appointed, the county manager shall be responsible for: (1) The management and coordination of the operations and activities of the various departments and agencies of the unified government; (2) The appointment and removal of all department heads with the exception of the city attorney, auditor, and clerk of commissioners; (3) The preparation of the proposed annual budget with the assistance of all department heads for approval by the commission and the mayor; (4) Keeping the commission at all times fully advised as to the financial condition and needs of the unified government; (5) Conducting studies and investigations and making reports thereon to the commission concerning the operation of the departments, offices, and agencies of the unified government; (6) Requiring any department, board, commission, or agency under the county manager's jurisdiction to submit written reports and to provide other information as deemed necessary; (7) Prescribing, requiring, publishing, and implementing standards of administrative, management, and operating practices and procedures to be followed and adhered to by all offices, departments, boards, commissions, authorities, and other agencies of the unified government which are subject to the county manager's supervision and jurisdiction;

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(8) Acting as the purchasing agent of the Milledgeville-Baldwin County Commission as provided for in Section 8-105 of this charter; (9) Maintaining all required records of the operations and activities of the Milledgeville-Baldwin County Commission; and (10) Developing and implementing an ongoing strategic plan for Milledgeville-Baldwin County, Georgia, and providing annual progress updates to the commission. (b) Except for the purpose of inquiry and investigation, the mayor and commission shall deal with employees of the unified government who are subject to appointment and removal by the county manager solely through the county manager and shall not give orders or directions to any such employee, either publicly or privately, directly or indirectly. (c) The county manager shall obtain the approval and authorization of the commission for all expenditures in excess of $25,000.00 and all transfers of investments in excess of $100,000.00.

SECTION 4-103. County finance manager; appointment; qualifications; duties; compensation.

(a) There shall be a professional finance manager who shall be known as the county finance manager of Milledgeville-Baldwin County, Georgia. The mayor shall recommend a candidate to the commission for the office of county finance manager. No person holding an elective office on the Milledgeville-Baldwin County Commission shall be eligible for this appointment until two years after leaving elective office. Such recommendation shall become effective when confirmed by a majority vote of the total membership of the commission. The county finance manager shall be prohibited from engaging in any political activity and shall not be eligible to qualify as a candidate for an elective office in the Milledgeville-Baldwin County Commission for one year after leaving office. The county finance manager at any time may be removed from office by a majority vote of the total membership of the commission. (b) Whenever the office of the county finance manager is vacant, the mayor may recommend a person to serve as acting county finance manager until a new county finance manager is appointed, subject to approval by a majority vote of the total membership of the commission and subject to reappointment thereafter. The acting county finance manager at any time may be removed by a majority vote of the total membership of the commission. (c) The county finance manager need not be a resident of the county at the time of his or her appointment but shall establish residence therein within six months of such appointment and continue to reside therein throughout such appointment. The qualifications and compensation of the county finance manager shall be fixed by the commission.

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SECTION 4-104. Attorney; appointment; qualifications; duties; compensation.

(a) The mayor shall make nonbinding recommendations to the commission for the attorney of the unified government (referred to at times in this charter as the "attorney"). The recommendations shall become effective when confirmed by a majority vote of the total membership of the commission. The attorney shall serve at the pleasure of the mayor and may be removed from office by the mayor for cause with confirmation of the majority vote of the commission. (b) The attorney shall be an active member of the State Bar of Georgia in good standing and shall satisfy any other qualifications established by ordinance. (c) The attorney shall be the legal counsel to the unified government and shall perform such other duties as may be required by this charter or by ordinance. (d) The compensation of the attorney shall be as prescribed by a duly adopted ordinance.

SECTION 4-105. Auditor; appointment; qualifications; duties; compensation.

(a) There shall be an auditor who shall be known as the county auditor of Milledgeville-Baldwin County, Georgia. The mayor shall recommend a candidate to the commission for the office of county auditor. No person holding an elective office on the Milledgeville-Baldwin County Commission shall be eligible for this appointment until two years after leaving elective office. Such recommendation shall become effective when confirmed by a majority vote of the total membership of the commission. The county auditor shall be prohibited from engaging in any political activity and shall not be eligible to qualify as a candidate for an elective office in the Milledgeville-Baldwin County Commission for one year after leaving office. The county auditor at any time may be removed from office by a majority vote of the total membership of the commission. (b) Whenever the office of the county auditor is vacant, the mayor may recommend a person to serve as acting county auditor until a new county auditor is appointed, subject to approval by a majority vote of the total membership of the commission and subject to reappointment thereafter. The acting county auditor at any time may be removed by a majority vote of the total membership of the commission. (c) The qualifications and compensation of the county finance manager shall be fixed by the commission.

SECTION 4-106. Sheriff.

The sheriff of Baldwin County in office on the effective date of this charter shall be the sheriff of Milledgeville-Baldwin County, Georgia, and shall be the chief law enforcement

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officer for the unified government. The sheriff shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for sheriff shall be on the same basis as provided by law for the election of sheriffs generally. The sheriff shall have such other or different powers and duties as provided by the Constitution and laws of Georgia. The sheriff shall be authorized to shift funds within the categories budgeted for his or her office to meet the needs of the office. The sheriff shall meet with the mayor, vice mayor, county manager, and finance committee chairperson of the commission every six months to review the budget of the office of the sheriff.

SECTION 4-107. Judge of the probate court.

The judge of the Probate Court of Baldwin County in office on the effective date of this charter shall be the judge of the Probate Court of Milledgeville-Baldwin County, Georgia. The judge of the probate court shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for the judge of the probate court shall be on the same basis as provided by law for the election of probate judges generally and shall be conducted nonpartisan. The judge of the probate court shall perform the same duties and exercise the same powers as conferred on probate judges generally by the Constitution and laws of Georgia.

SECTION 4-108. Clerk of superior court.

The clerk of the Superior Court of Baldwin County in office on the effective date of this charter shall be the clerk of the Superior Court of Milledgeville-Baldwin County, Georgia. The clerk of superior court shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for the clerk of superior court shall be on the same basis as provided by law for the election of clerks of superior court generally. The clerk of superior court shall perform the same duties and exercise the same powers as conferred on clerks of superior court generally by the Constitution and laws of Georgia.

SECTION 4-109. Tax commissioner.

The tax commissioner of Baldwin County in office on the effective date of this charter shall be the tax commissioner of Milledgeville-Baldwin County, Georgia. The tax commissioner shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for tax commissioner shall be on the same basis as provided by law for the election of tax commissioners generally. The tax commissioner shall

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perform the same duties and exercise the same powers as conferred on tax commissioners generally by the Constitution and laws of Georgia.

SECTION 4-110. Coroner.

The coroner of Baldwin County in office on the effective date of this charter shall be the coroner of Milledgeville-Baldwin County, Georgia. The coroner shall serve for the same term as provided by law, and compensation shall be fixed as provided by law. Subsequent elections for coroner shall be on the same basis as provided by law for the election of coroners generally. The coroner shall perform the same duties and exercise the same powers as conferred on coroners generally by the Constitution and laws of Georgia.

SECTION 4-111. Clerk.

The clerk of the commission shall be responsible for: (1) Maintaining all required records of the operations and activities of the Milledgeville-Baldwin County Commission, including the minutes of all meetings of the Milledgeville-Baldwin County Commission; (2) Certifying ordinances upon adoption for presentation to the mayor for approval or veto and certifying as to the authenticity of ordinances which have become law; (3) Attesting the mayor's signature on deeds, contracts, agreements, and any other obligations on the part of government and the signature of any other officer pursuant to Section 7-501 of this charter on any such document; (4) Keeping and affixing the seal; (5) Providing administrative support to the commission, the mayor, and the county manager of Milledgeville-Baldwin County, Georgia; and (6) Carrying out such other duties as may be directed by the commission.

ADMINISTRATIVE AND SERVICE DEPARTMENTS SECTION 4-201.
Creation and functions; generally.

Except as otherwise provided by this charter or by law, the administrative and service departments of the unified government shall be created and established by ordinance and shall perform such functions, duties, services, and responsibilities as enumerated in such ordinances and as prescribed by administrative regulations.

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SECTION 4-202. Administrative reorganization.

The commission may, by ordinance, reorganize, combine, consolidate, or discontinue any department or agency of the unified government subject to the jurisdiction of the commission and may, by ordinance, prescribe the functions and duties thereof and may establish, abolish, or alter any nonelective offices and positions of employment as necessary for the proper administration of the unified government.

SECTION 4-203. Appointment of directors of departments.

All directors of departments under the supervision and direction of the Milledgeville-Baldwin county manager shall be appointed by the Milledgeville-Baldwin county manager. The directors of all such departments shall serve at the pleasure of the Milledgeville-Baldwin county manager.

SECTION 4-204. Departments under state law.

(a) All departments which are created pursuant to state or federal law and which administer various state and federal programs and services shall continue their operations without interruption resulting from the adoption of this charter. (b) For employees hired by the City of Milledgeville or Baldwin County after the approval of this charter by the electors voting in the referendum pursuant to Section 9-112 of this charter, whether to continue to offer a program of health care benefits, the nature and structure of such a program, the benefits provided in such a program, and the premiums to be paid by employees for their participation or the participation of their families or dependents, if offered, shall be subject to change from time to time in the sound discretion of the mayor and commission.

SECTION 4-301. Certain commissions, boards, and authorities continued.

(a) All existing commissions, boards, and authorities are continued without interruption on the effective date of this charter. As used in the Acts and amendments creating the existing commissions, boards, and authorities, the terms "Milledgeville City Council" and "Baldwin County Board of Commissioners" shall mean the Board of Commissioners of Milledgeville-Baldwin County, Georgia, and the terms "mayor of the City of Milledgeville" and "Chairperson of the Baldwin County Board of Commissioners" shall mean the mayor of Milledgeville-Baldwin County, Georgia.

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(b) The Board of Commissioners of Milledgeville-Baldwin County, Georgia, shall have the authority to examine all existing boards, commissions, and authorities of the former City of Milledgeville and Baldwin County for the purpose of determining whether any such boards, commissions, and authorities should be reorganized or reconstituted for the purpose of increasing their efficient operation; provided, however, that this authority shall not be construed to authorize the commission to affect any board, commission, and authority created by general law or by local constitutional amendment. (c) The Georgia Military College Board of Trustees shall consist of the mayor and six members who shall be elected from the former City of Milledgeville city commission districts as such districts exist on the effective date of this charter within the urban services district (commonly referred to as the City of Milledgeville) and shall serve four-year terms as provided in Article 9 of Chapter 3 of Title 20 of the O.C.G.A. The qualifications for these positions shall be the same as those in place upon adoption of this charter.

SECTION 4-401. Employees.

Employees who are terminated from their employment shall have the right to appeal such termination to the commission. Such appeal process shall be initiated by filing a written appeal with the mayor within seven days of termination. The mayor shall present the appeal to the commission for review, and the commission shall act upon such appeal within 30 days following the receipt of the written appeal by the mayor. Failure by the commission to act within 30 days shall result in the reinstatement of such employee.

ARTICLE V JUDICIARY SECTION 5-101. Superior court and district attorney; unaffected by charter; redesignation.

The Superior Court of Baldwin County, including the office of the district attorney, shall continue its operations without interruption resulting from the adoption of this charter, and nothing herein shall be construed as affecting the status of such court. The court shall be known as the Superior Court of Milledgeville-Baldwin County, Georgia.

SECTION 5-102. State court and solicitor-general; unaffected by charter; redesignation.

The State Court of Baldwin County, including the office of the solicitor-general, shall continue its operations without interruption resulting from the adoption of this charter, and nothing herein shall be construed as affecting the status of such court. The court shall be known as the State Court of Milledgeville-Baldwin County, Georgia.

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SECTION 5-103. Juvenile court; unaffected by charter; redesignation.

The Juvenile Court of Baldwin County shall continue its operations without interruption resulting from the adoption of this charter, and nothing herein shall be construed as affecting the status of such court. The court shall be known as the Juvenile Court of Milledgeville-Baldwin County, Georgia.

SECTION 5-104. Probate court; unaffected by charter; redesignation.

The Probate Court of Baldwin County shall continue its operations without interruption resulting from the adoption of this charter, and nothing herein shall be construed as affecting the status of such court. The court shall be known as the Probate Court of Milledgeville-Baldwin County, Georgia.

SECTION 5-105. Magistrate court; unaffected by charter; redesignation.

The Magistrate Court of Baldwin County shall continue its operations without interruption resulting from the adoption of this charter, and nothing herein shall be construed as affecting the status of such court. The court shall be known as the Magistrate Court of Milledgeville-Baldwin County, Georgia.

SECTION 5-106. Municipal Court of the City of Milledgeville; abolishment of
operations in the unified government:

Six months after the effective date of this charter, the Municipal Court of the City of Milledgeville shall stand abolished. Any cases pending before the municipal court on that date shall be transferred to the State Court of Milledgeville-Baldwin County, Georgia. Thereafter, all jurisdiction of the former Municipal Court of the City of Milledgeville shall be transferred to either the Magistrate Court or the State Court of Milledgeville-Baldwin County, Georgia.

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ARTICLE VI ELECTIONS SECTION 6-101. Applicability of general laws.

Except as otherwise provided by this charter, general and special primaries and elections shall be conducted in accordance with provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

SECTION 6-102. Regular election, time of holding; voting.

(a) Except for the initial elections under this charter, regular elections for the unified government of Milledgeville-Baldwin County, Georgia, shall be held on the Tuesday after the first Monday in November in each even-numbered year. (b) Only the electors of each of the election districts defined in Section 6-201 of this charter shall be entitled to vote in the election for the commissioner to be elected from such district.

SECTION 6-103. Special elections.

All special elections shall be held and conducted in accordance with applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

SECTION 6-201. Number of districts; boundaries.

The territory of Milledgeville-Baldwin County, Georgia, shall consist of five single member election districts to be designated respectively as Commissioner Districts 1 through 5 as provided in Section 2-101 of this charter. The mayor and vice mayor of Milledgeville-Baldwin County shall be elected at large.

SECTION 6-202. Reapportionment of election districts.

(a) The election district boundaries of Milledgeville-Baldwin County, Georgia, shall be reapportioned following the publication of each official federal decennial census of the population of Milledgeville-Baldwin County, Georgia. (b) The reapportionment of election districts shall comply with the following specifications:
(1) The county shall be divided into five districts to as closely as possible reflect the population of Milledgeville-Baldwin County; and

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(2) The Milledgeville-Baldwin County Unified Government shall rely upon the Legislative and Congressional Reapportionment Office of the General Assembly of the State of Georgia to draw those districts that reflect the goal of the unified government. (c) Any reapportionment of election districts shall apply to officials of the unified government elected at the next regular election following such reapportionment; provided, however, any reapportionment ordinance shall not apply.

SECTION 6-301. Special election of first officials.

(a) If the referendum for the approval of the unification of the governments of the City of Milledgeville and Baldwin County is held in July, 2015, then the initial election for members of the Milledgeville-Baldwin County governing authority shall be held on the Tuesday immediately following the first Monday in November, 2015. Otherwise, the initial election for members of the Milledgeville-Baldwin County governing authority shall be held on the date of the 2016 presidential preference primary. The superintendent of elections for Baldwin County shall publish notice of the initial election of members of the unified government in the legal organ of Milledgeville-Baldwin County once a week for four weeks immediately preceding the election. (b) In all other respects, the election shall be held in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c) The qualifications for office for such initial election shall be as prescribed by applicable provisions of this charter. (d) Any elected official of Milledgeville-Baldwin County or of any municipality who is otherwise qualified under this charter shall be entitled to qualify and run for an office of the unified government.

SECTION 6-302. Initial terms of office.

If elected in November, 2015, the initial terms of the mayor, vice mayor, and commissioners of the unified government shall be from July 1, 2016, until December 31, 2018, and until their respective successors are elected and qualified. If elected in 2016, the initial terms of the mayor, vice mayor, and commissioners of the unified government shall be from January 1, 2017, until December 31, 2020, and until their respective successors are elected and qualified. After the initial elections, all commissioners shall be elected for four-year terms and until their respective successors are elected and qualified.

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ARTICLE VII REVENUE AND FINANCE
SECTION 7-101. Taxation and other revenues; levies and collection of taxes, fees, charges, and assessments; appropriations.

(a) For the purpose of raising revenue for the support and maintenance of the government of Milledgeville-Baldwin County, Georgia, the commission shall have full power and authority to levy and collect taxes to the extent hereinafter provided and to appropriate funds and expend money:
(1) For the purposes authorized by this charter; (2) For the discharge of the powers, duties, obligations, liabilities, and functions specified in this charter; (3) For any and all purposes and any and all subjects of taxation for which the City of Milledgeville or Baldwin County may have been authorized and in accordance with those authorizations to levy and collect taxes and to appropriate and expend funds under the Constitution or any general or special law of Georgia applicable to the City of Milledgeville or Baldwin County on the effective date of this charter; and (4) For any purpose authorized by the Constitution or any general or special law of Georgia applicable to municipal corporations and counties generally now in force or hereafter enacted. (b) The commission shall have full power and authority to levy and collect the following taxes, charges, and assessments: (1) Ad valorem taxes on all real and personal property situated within Milledgeville-Baldwin County, Georgia, which is subject to taxation for state, county, and municipal purposes, or for any other public purpose, to the full extent permitted by the Constitution and laws of Georgia, whether local (of the City of Milledgeville or Baldwin County) or general; (2) Occupation and business license taxes that are not prohibited by the Constitution and general laws of Georgia which may be levied upon any person, firm, partnership, company, or corporation which has a location or office within Milledgeville-Baldwin County, Georgia, at which a business, profession, or occupation is conducted; (3) Subject to the restrictions imposed by general law, the commission may also impose a regulatory fee, whether designated as a license fee or permit fee or other name, on those businesses, professions, or occupations that the unified government of Milledgeville-Baldwin County, Georgia regulates; (4) An excise tax on rooms, lodgings, or accommodations as now or hereafter provided by law for counties and municipalities; (5) License fees and taxes on insurance companies as authorized by Code Sections 33-8-8 through 33-8-8.6 of the O.C.G.A.;

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(6) A public utility franchise tax, fee, or both on each electric light and power company, gas company, telephone and telegraph company, and other public utility making use of the roads, streets, alleys, or other public ways of Milledgeville-Baldwin County, Georgia; (7) Franchise fees on cable television systems as now or hereafter provided by law; provided, however, that, upon the completion of transition activities funded by the franchise fees collected from the unincorporated area of Milledgeville-Baldwin County, these franchise fees may be used to reasonably reduce taxes in the services districts; (8) Fees, assessments, and charges for the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, storm sewers, drainage structures, or other utility mains and appurtenances from the abutting property owners under any terms and conditions as provided by ordinance; (9) Fees, assessments, charges, and tolls for sanitary and health services or any other services rendered within and without the limits of the unified government under such terms and conditions as provided by ordinance; (10) All other such taxes, charges, or assessments as the City of Milledgeville or Baldwin County were authorized and empowered to make and collect upon the effective date of this charter, which powers may be exercised throughout the area of the unified government, or appropriate portions thereof, including any tax now or hereafter authorized 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 commission to govern its local affairs. When authorized by this charter or a statute or the Constitution of the State of Georgia, the commission shall have full power and authority to assess, levy, charge, and collect taxes, rentals, interest, fees, penalties, fines, and costs; to receive income on investments; to accept funds, services, or property from other political subdivisions and public agencies, either local, state, or national, and from private persons, firms, or corporations; and to contract with them for any public purpose; (11) An excise tax upon the sale of distilled spirits or alcoholic beverages for beverage purposes by the drink as now or hereafter provided by law for counties and municipalities; (12) An excise tax upon the sale, transfer, or dispensing of malt beverages and alcoholic beverages within Milledgeville-Baldwin County, Georgia, by wholesale or retail dealers as now or hereafter provided by law for counties and municipalities. In addition, the Commission shall have the authority to impose, assess, levy, and collect an excise tax upon the sale, transfer, or dispensing of wine by wholesale or retail dealers within Milledgeville-Baldwin County, Georgia, as now or hereafter provided by law for counties and municipalities; (13) One mill of taxes shall be collected from the urban services district for Georgia Military College as is presently provided by law; and (14) Such other taxes and charges as provided by law. (c) Not later than the beginning of its eighth year of operation, the commission shall create and fully fund and maintain an emergency fund in an amount equal to one mill of taxes for the immediately preceding fiscal year. Funds in such account may only be used in the event

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of a fiscal emergency, as determined to exist by an affirmative vote of five or more members of the commission. In such event, the funds may be used to deal with such fiscal emergency, but such fund shall be replenished as soon as practicable and reasonable. (d) The commission shall create and maintain an unassigned fund balance equal to one-sixth of the preceding audited fiscal year's total general fund operating expenses. This minimum balance shall be established not later than the beginning of the eighth year of operation of the unified government. The adopted budget for each fiscal year shall not appropriate unassigned general funds which would cause this minimum balance to fall below an amount equal to one-sixth of the preceding audited fiscal year's total general fund operating expenses. In the event of a fiscal emergency, as determined by an affirmative vote of five or more members of the commission, the budget may be amended to temporarily utilize such unassigned general fund balance.

SECTION 7-102. Collection of delinquent taxes and fees.

The collection of delinquent taxes and fees shall be as provided by state law for the collection of delinquent property taxes by counties.

SECTION 7-103. Homestead exemptions.

The homestead exemptions provided under the Constitution and laws of Georgia presently in force or as hereafter amended shall be applicable to all such property subject to ad valorem taxes within Milledgeville-Baldwin County, Georgia.

SECTION 7-104. Tax and services districts; taxation therein.

(a) The general services district as defined and authorized in paragraph (1) of subsection (a) of Section 7-301 of this charter shall constitute a general services tax district wherein the commission shall levy and collect taxes and shall appropriate money to perform and discharge those powers, functions, and services provided therein by the unified government of Milledgeville-Baldwin County, Georgia. (b) The urban services district as authorized in paragraph (2) of subsection (a) of Section 7-301 of this charter, together with any enlargement or modification thereof pursuant to the provisions of this charter, shall constitute an urban tax district, as the case may be, wherein the commission may levy and collect additional taxes and may appropriate additional money therefrom to perform and discharge those additional powers, functions, and additional services provided therein by the unified government of Milledgeville-Baldwin County, Georgia.

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(c) The assessment of real and personal property for ad valorem tax purposes shall be upon a uniform basis throughout the entire area of the unified government; provided, however, that the rate and manner of additional taxation of services districts may vary in any services tax district from that in another or other services tax districts in such a way as to reflect reasonably the kind, character, type, degree, and level of services afforded to such services tax district or districts.

BORROWING AND INDEBTEDNESS SECTION 7-201.
Issuance of general obligation bonds.

(a) The commission shall be authorized to issue and sell general obligation bonds, after approval of the qualified voters, under the provisions of the Constitution and general laws of Georgia for any public purpose for the benefit of the unified government or any tax area or services district thereof; provided, however, that for the purpose of issuing and selling such general obligation bonds, the unified government of Milledgeville-Baldwin County, Georgia, shall be deemed a county, and the provisions of the Constitution and laws of Georgia governing the limitations, terms, and procedures for the issuance and sale of bonds by counties shall apply to the unified government unless otherwise provided by this charter. (b) All general obligation bonds shall be issued in the name of Milledgeville-Baldwin County, Georgia, and shall be an obligation thereof, and the full faith and credit of the unified government of Milledgeville-Baldwin County, Georgia, shall be pledged for all general obligation bonds issued thereunder which are payable from ad valorem taxes, and, for such purpose, the commission shall have the authority to levy and collect ad valorem taxes without limit as to rate or amount on all taxable property within the territorial limits of the unified government.

SECTION 7-202. Debt limitation; general obligation bonds.

The total general obligation bond indebtedness of the unified government of Milledgeville-Baldwin County, Georgia, payable from ad valorem taxes, including all outstanding general obligation bonds of the former City of Milledgeville and Baldwin County on the effective date of this charter, shall not exceed 10 percent of the assessed value of all taxable property within the territorial limits of the unified government.

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SECTION 7-203. Revenue bonds.

The commission shall be empowered and authorized to issue revenue bonds for the purposes and in the manner as now or hereafter provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."

SECTION 7-204. Use of bond proceeds.

All revenue derived by Milledgeville-Baldwin County, Georgia, from the issuance and sale of bonds shall be used exclusively for the purposes for which such bonds were issued, and all ad valorem taxes collected for the purpose of servicing or retiring such bonds shall be used exclusively for the payment of principal and interest thereof.

SECTION 7-205. Allocation of indebtedness.

(a) All general indebtedness of Baldwin County, whether represented by general obligation bonds or otherwise, which may be outstanding upon the effective date of this charter, shall be allocated to the general services area as defined in paragraph (1) of subsection (a) of Section 7-301 of this charter, and is hereby recognized as the obligation of the general services district of Milledgeville-Baldwin County, Georgia. All general indebtedness of the City of Milledgeville, whether represented by general obligation bonds or otherwise which may be outstanding upon the effective date of this charter, shall be allocated to the urban services area as defined in paragraph (2) of subsection (a) of Section 7-301 of this charter. The commission is hereby authorized to levy taxes and otherwise provide for the retirement thereof, subject to the terms of this charter. Any funds in the control of the previously existing City of Milledgeville and Baldwin County, now consolidated into Milledgeville-Baldwin County, Georgia, by this charter, which had been allocated to the retirement of any bonded indebtedness of such municipality and county shall be so applied by the commission. (b) All general obligation bonds issued prior to the effective date of this charter by Baldwin County and all bonds authorized but unissued by Baldwin County on the effective date of this charter and thereafter issued by Milledgeville-Baldwin County, Georgia, shall be allocated to the general services district, and the principal of and interest on such bonds shall be paid from ad valorem taxes or other revenues collected in the general services district. All general obligation bonds issued prior to the effective date of this charter by the City of Milledgeville and all bonds authorized but unissued by the City of Milledgeville on the effective date of this charter and thereafter issued by Milledgeville-Baldwin County, Georgia, shall be allocated to the urban services district, and the principal and interest on

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such bonds shall be paid from ad valorem taxes or other revenues collected in the urban services district. (c) Any revenue bonds issued prior to the effective date of this charter by the City of Milledgeville or Baldwin County under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and any such revenue bonds authorized but unissued by the said city or county on the effective date of this charter and thereafter issued by Milledgeville-Baldwin County, Georgia, shall be payable as to principal and interest from the revenues or sources and in the manner provided in the proceedings which authorized the issuance of such revenue bonds. (d) Neither the allocation of bonds to the general services district nor any of the other provisions of this charter shall impair or diminish any of the rights, revenues, or security and source for payment of any of such bonds or revenue bonds issued by the City of Milledgeville or by Baldwin County prior to the effective date of this charter, or authorized but unissued by the City of Milledgeville or by Baldwin County on the effective date of this charter and thereafter issued by Milledgeville-Baldwin County, Georgia; and such holders of such bonds or revenue bonds shall have and be entitled to enforce any and all rights, remedies, and security and sources for payment granted such holders by the proceedings which authorized the issuance of such bonds or revenue bonds as fully and to the same extent as if this charter had not been adopted.

SECTION 7-301. Financing of services; general and urban services districts.

(a) In Milledgeville-Baldwin County, Georgia, there shall be: (1) A general services district which shall consist of the total area of Baldwin County as fixed and established upon the effective date of this charter or as hereafter modified according to law; (2) An urban services district which shall consist of the area embraced within the corporate limits of the City of Milledgeville as the same exists upon the day immediately preceding the effective date of this charter or as such area may be hereafter expanded as herein provided; and (3) Such special services districts as the commission may hereafter establish.
(b) All other tax districts existing in the City of Milledgeville or Baldwin County immediately prior to the effective date of this charter shall be continued in effect by this charter. (c) Such services districts shall be tax districts wherein taxes and other assessments shall be assessed, levied, and collected by the unified government in accordance with the kind, character, type, and degree of services actually provided therein and may vary in any one services district from that of another or other areas in accordance with the provisions of this charter. The powers, authority, duties, liabilities, services, and functions of

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Milledgeville-Baldwin County, Georgia, may vary in any services district from that in another or other services district. (d) The unified government is hereby empowered to exercise and provide within the general services district and within any urban services district established by this charter or by ordinance of the commission those powers, functions, and services which have theretofore been exercised and provided by Baldwin County or the City of Milledgeville, or both; all powers, functions, and services authorized by this charter, and any amendments thereto; and all powers, functions, and services which counties and municipal corporations, or both, are now or hereafter authorized to exercise under the Constitution and laws of Georgia. (e) The unified government shall perform or procure the performance within the general services district of those governmental duties, functions, and services which are generally available and accessible to all residents throughout the total territory of Milledgeville-Baldwin County, Georgia. (f) The unified government shall perform within its urban services districts those additional, more comprehensive and intensive, and higher levels of governmental duties, functions, and services which benefit primarily the residents of such urban services districts.

SECTION 7-302. Creation of services districts by ordinance.

Except as otherwise provided by this charter, services districts of the unified government shall be created, expanded, merged, unified, or reduced only by ordinance duly adopted by the commission under such general rules, procedures, regulations, requirements, and specifications as are established by the commission and this charter. Such rules and regulations shall set forth the manner and method for the creation of new services districts and the expansion, unification, reduction, or merger of existing services districts; set forth requirements for defining functions and policies for rendering services, for changing levels of services within existing services districts, and for transferring territory from one services district to another; and set forth requirements for defining boundaries of services districts.

SECTION 7-303. Requirements for defining boundaries.

Whenever in this charter it is required that the boundaries of a services district be set out, it shall suffice if the boundaries are described in such a way as to convey an intelligent understanding of the location of the land. In the discretion of the commission, the boundaries may be described:
(1) By reference to a map; (2) By metes and bounds; (3) By general description referring to roads or natural boundaries or to the boundaries of particular tracts or parcels of land; or

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(4) By any combination of the above methods.

SECTION 7-304. Notice of hearing prior to adoption of ordinance.

Before adopting any ordinance authorized or described in Sections 7-301 through 7-303 of this charter, the commission shall give notice of its intention to consider the ordinance and shall provide an opportunity for interested persons to be heard as is provided for in subsection (d) of Section 1-105 of this charter.

SECTION 7-401. Financial administration; fiscal year.

If the initial members of the governing authority are elected in November, 2015, the initial fiscal year of Milledgeville-Baldwin County, Georgia, shall begin on July 1, 2016, and shall end on June 30, 2017. If the initial members of the governing authority are elected in 2016, the initial fiscal year of Milledgeville-Baldwin County, Georgia, shall begin on January 1, 2017, and shall end on June 30, 2017. Subsequent fiscal years shall begin on July 1 and end on the following June 30. The fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, institution, agency, and activity of the unified government, unless otherwise provided by state or federal law. The commission may adopt a different fiscal year by ordinance, which shall not be effective until at least six months after the date of adoption thereof.

SECTION 7-402. Preparation of budgets.

The preparation of an annual budget shall be as prescribed by ordinance and provisions of this charter. In addition, the unified government of Milledgeville-Baldwin County, Georgia, may adopt budgets as are permitted by general law, including, but not limited to, project budgets for major capital projects and fund budgets.

SECTION 7-403. Scope of budgets.

(a) The annual budget shall apply to the operating and capital improvement expenses of the unified government. (b) The annual operating budget shall contain funds of the government of Milledgeville-Baldwin County, Georgia, to which they are applicable:
(1) A reasonable estimate of cash revenues to be received during the ensuing year, classified according to source;

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(2) Proposed expenditures detailed by each department, commission, board, office, agency, and activity in accordance with an established classification of accounts, including those capital outlays which are to be financed from the revenues of the ensuing year and including all debt service requirements in full for such fiscal year; and (3) Such other information as may be considered necessary or desirable by the mayor or the commission. (c) In no event shall the total proposed expenditures from any fund exceed the total anticipated revenues plus the estimated unappropriated surplus or fund balance and applicable reserves less any estimated deficit at the end of the current fiscal year.

SECTION 7-404. Submission of budgets to the commissioners.

(a) In advance of initiating preparations of the annual budget, the mayor, with participation of the commission, shall develop a statement of the general fiscal policies of Milledgeville-Baldwin County, Georgia; the important features of the budget; explanations of major changes recommended for the next fiscal year; a general summary of the budget; and such other comments and information as may be deemed pertinent. (b) On or before a date fixed by the commission but not later than 60 days prior to the beginning of each fiscal year, the Milledgeville-Baldwin County, Georgia, county manager in consultation with the department heads shall prepare an operating budget to submit to the mayor. (c) The mayor shall submit to the commission 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 Milledgeville-Baldwin County, Georgia; the important features of the budget; explanations of major changes recommended for the next fiscal year; a general summary of the budget; and such other comments and information as may be deemed pertinent. A summary of the budget and the mayor's message shall be published in a newspaper of general circulation designated as the legal organ of the unified government. The operating budget, the budget message, and all supporting schedules shall be filed in the Milledgeville-Baldwin County, Georgia, county manager's office and shall be open to public inspection.

SECTION 7-405. Adoption of budgets.

(a) The commission shall approve, reject, or amend the proposed balanced operating budget. The budget as finally 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. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues constituting the resources available of such fund.

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(b) The commission shall adopt the final annual operating budget for the ensuing fiscal year not later than the 30th day of June of each year, and such budget shall be effective for the fiscal year beginning on the first day of July. In the event the commission fails to adopt the budget by such date, the amounts appropriated for current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year, with appropriate items prorated accordingly, until such time as the commission shall adopt a budget for the ensuing fiscal year. Adoption of the annual operating budget shall take the form of an appropriation ordinance setting out estimated revenues in detail by source and making appropriations accordingly to fund organizational units, purposes, or activities as set forth in the budget document. (c) The amount set out in the adopted operating budget for each organizational unit, purpose, or activity shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriation, or allotment thereof, to which it is chargeable. (d) The commission shall adopt by ordinance the capital improvements program and capital budget for the ensuing fiscal year not later than the 30th day of June of each year. The capital budget ordinance shall show in detail the capital expenditures intended to be made or incurred in the ensuing fiscal year that are to be financed from funds subject to control or appropriation by the commission and shall be in full conformity with that part of the capital program applicable to the year which it covers. Amounts specified as intended to be spent out of new appropriations shall, upon enactment of the capital budget ordinance, constitute appropriations of such amounts.

SECTION 7-406. Property tax levies.

Following the adoption of the operating and capital improvements budgets for each fiscal year, the commission shall levy by ordinance a general services district tax on all real and personal property within the general services tax district as provided by this charter. The tax rate set by such ordinance shall be such that a reasonable estimate of cash revenues from such levy shall be at least 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 services district for services to be rendered throughout the entire area of Milledgeville-Baldwin County, Georgia. Such services shall include those functions set forth in subsections (c) and (d) of Section 7-301 of this charter, and such other purposes, functions, and services as may be authorized by the laws of Georgia, by this charter, or by ordinance of the commission. The commission shall levy by ordinance a special services district tax on all real and personal property within any special services tax district as authorized by this charter. The tax rates set by such ordinance for each district shall be such that a reasonable estimate of cash revenues from such levy shall be at least sufficient, together with other anticipated revenues,

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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 a higher level of services to be rendered in a special services district.

SECTION 7-407. Limitation of funds.

Upon certification by the Milledgeville-Baldwin County, Georgia, county manager that the revenues or other resources actually realized with respect to any fund will be less than was anticipated and will be insufficient to meet the amounts appropriated from such fund, it shall be the duty of the Milledgeville-Baldwin County, Georgia, county manager upon the instruction of the mayor of the unified government to limit such appropriations or to transfer other available funds between departments as may be necessary to prevent deficit operation.

SECTION 7-408. Transfer of funds.

Upon recommendation of the Milledgeville-Baldwin County, Georgia, county manager and approval of a majority vote of the commission, the commission may make interfund or interdepartmental transfers in the current operating budget or capital improvements budget at any regular or special meeting called for such purpose, provided funds are also available.

SECTION 7-409. Lapse of appropriations.

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

SECTION 7-410. Continuing audit.

The auditor shall conduct a continuing internal audit of the fiscal affairs and operations of every department, office, and agency of the unified government.

SECTION 7-411. Post-audit.

(a) The commission shall provide annually for an independent audit of the accounts and other evidences of financial transactions of the government of Milledgeville-Baldwin County, Georgia, and of every office, department, board, commission, authority, or other

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agency. The audit shall be made by a certified public accountant who shall have no personal interest, direct or indirect, in the fiscal affairs of Milledgeville-Baldwin County, Georgia, or of any of its departments, boards, offices, commissions, authorities, or agencies. The commission shall by competitive bids, taking into consideration the most responsive and reasonable bid, designate such accountant or firm annually or for a period not exceeding three years. (b) The audit may be conducted on a quarterly or continuing basis, and the final report of the annual audit shall be completed as soon as practicable after the close of the fiscal year, and in no event later than six months after the close of the fiscal year. The audit report shall be filed with the Milledgeville-Baldwin County, Georgia, county manager and made available to the public. (c) The commission may at any time order an examination or special audit of any office, department, board, commission, or other agency of Milledgeville-Baldwin County, Georgia.

PROCUREMENT AND DISPOSITION OF PROPERTY SECTION 7-501.
Contracting procedures.

The commission shall prescribe by ordinance rules and regulations which shall be followed in the making of contracts in order to bind the government of Milledgeville-Baldwin County, Georgia. Except where otherwise provided by law or by ordinance, all contracts of the government of Milledgeville-Baldwin County, Georgia, shall be signed by the mayor and authenticated by the Milledgeville-Baldwin County, Georgia, county manager.

SECTION 7-502. Sale and disposition of property.

(a) The commission is authorized to sell any real or personal property owned or held by Milledgeville-Baldwin County, Georgia, and not needed for governmental or other public purposes in such manner as is required in state law for counties, as provided for in Code Sections 36-9-2 and 36-9-3 of the O.C.G.A. (b) Whenever in opening, extending, or widening any street, avenue, alley, or public place of Milledgeville-Baldwin County, Georgia, a small parcel or tract of land is cut off or separated by such work from a larger tract of land owned by Milledgeville-Baldwin County, Georgia, the commission may authorize the execution and deliverance in the name of the government of Milledgeville-Baldwin County, Georgia, of a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way in said street, avenue, alley, or public place, or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances so executed and delivered shall convey all title and interest the unified government of Milledgeville-Baldwin County, Georgia, has in such property.

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ARTICLE VIII GENERAL PROVISIONS
SECTION 8-101. Application of laws; laws in force.

(a) The general laws of the State of Georgia of a criminal nature shall be applicable to and within the limits of the unified government. General laws of local application through classification by population, not in conflict with this charter, which, on the effective date of this charter, apply to the City of Milledgeville or Baldwin County, Georgia, shall be applicable to the unified government, and which apply to Milledgeville-Baldwin County, Georgia, as either a city or a county at the time of their enactment or thereafter shall be effective; provided, however, that those laws which did not apply to the City of Milledgeville or Baldwin County or the unified government at the time of their enactment shall not become applicable to the unified government except through the adoption of a resolution to that effect by the commission. (b) Local Acts of the State of Georgia which apply specifically to either Baldwin County or the City of Milledgeville, or both, shall be applicable to the unified government. (c) In construing the applicability of provisions of the Constitution and the general laws of Georgia which apply in general terms to either counties or municipalities, or both, and local Acts of the General Assembly that apply specifically to Baldwin County or the City of Milledgeville, or both, the following terms as used in such laws shall be construed to include the unified government as follows:
(1) "City," "town," "municipal corporation," or "municipality" shall be construed to include Milledgeville-Baldwin County, Georgia; (2) "Council," "mayor," "mayor and council," "aldermen," and "commission of aldermen" shall be construed to include the Board of Commissioners of Milledgeville-Baldwin County, Georgia; (3) "County" shall be construed to include Milledgeville-Baldwin County, Georgia; (4) "Mayor" shall be construed to include the mayor of Milledgeville-Baldwin County, Georgia; and (5) Any other terms and provisions as used in such Acts to refer specifically to Baldwin County or the City of Milledgeville, or both, and the officers, employees, departments, and agencies thereof shall be construed to mean Milledgeville-Baldwin County, Georgia, and its officers, employees, departments, and agencies.

SECTION 8-102. Limitation on claims and service.

(a) All contractual claims against the unified government shall be presented within 12 months after they accrue or become payable or the same as claimed, unless held by

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minors or other persons laboring under disabilities, who are allowed 12 months after the removal of such disability. (b) Service on the unified government of any suit, process, or order of court shall be served upon the mayor.

SECTION 8-103. Competitive bidding.

(a) All departments and agencies of the unified government shall utilize competitive bidding procedures, as specified in an ordinance of the commission, for all purchases in excess of an amount provided for in an ordinance of the commission, unless such purchase shall be otherwise approved by four of the seven commissioners. (b) A vendor located in Milledgeville-Baldwin County whose bid is within 20 percent of the lowest bidder on a purchase shall be given the opportunity to rebid and match the lowest bidder for such purchase if such bid meets all other stated criteria for such bid.

SECTION 8-104. Execution of assessments.

Whenever any tax or special assessment is authorized or empowered to be levied or imposed by this charter which is required to be collected by the unified government and such is not paid within the time period specified by the commission and no specific provision is elsewhere provided in this charter for its collection, then the county manager shall issue execution in the name of Milledgeville-Baldwin County, Georgia, against such person, firm, or entity liable therefore or property subject thereto for such sums as may be due with interest at the legal rate from the due date, and penalties and costs. The unified government shall have the right to enforce payment of such execution by levy and sale as in the case of county taxes, and the purchaser at such sale shall acquire the same title and rights as a purchaser at a sale for county taxes. Executions issued by the county manager of Milledgeville-Baldwin County, Georgia, and the levy and sale thereunder shall be governed by general law.

SECTION 8-105. Authority to deal with federal and state agencies.

The unified government of Milledgeville-Baldwin County, Georgia, shall have the power and authority to participate in, cooperate in, and take all necessary action with respect to any and all projects, programs, and undertakings of any nature authorized by any statute, rule, or regulation of the United States, the State of Georgia, or any federal or state agency or instrumentality, including, but not limited to, community development, highways, aviation, aviation terminals, airports, airport facilities, municipal area or regional development, sewer and sewage disposal, public housing, housing for the aged, and transportation or mass transit

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or any phase thereof; to borrow money and issue promissory notes, general obligation bonds, or revenue bonds or a combination thereof for any such purposes in accordance with provisions of this charter; and to execute mortgages or deeds of trust in favor of any federal agency, secured by property of which the unified government is the legal or beneficial or equitable owner, or in favor of any private agency where the loan is guaranteed by a federal agency.

SECTION 8-106. Federal and state aid.

The unified government of Milledgeville-Baldwin County, Georgia, shall be deemed a county but shall also be deemed an incorporated city or municipality for the purpose of determining its right to receive and for the purpose of receiving state aid or grant-in-aid from the State of Georgia or from the United States or from any agency or instrumentality thereof or from any other source, public or private. The unified government shall be entitled to receive as state aid or as grant-in-aid from the State of Georgia or from the United States or from any agency or instrumentality thereof or from any other source, public or private, all funds to which a county is, or may hereafter be, entitled, and also all funds to which an incorporated city or municipality is or may be hereafter entitled, and to receive the same without diminution or loss by reason of unification.

SECTION 8-107. Budgets of county officers and agencies.

All elected officers and all agencies not under the direct control and jurisdiction of the county manager, such as the Board of Health and the Board of Family and Children Services, which receive appropriations from the commission, shall, on the same date as is applicable to budgets submitted by department heads, submit to the Milledgeville-Baldwin County, Georgia, county manager annual operating and capital budget requests for the ensuing fiscal year. Such budget requests, after any revisions therein by the Milledgeville-Baldwin County, Georgia, county manager and the Milledgeville-Baldwin County mayor, shall be incorporated into the overall unified government budget for submission by the Milledgeville-Baldwin County mayor to the commission, which shall grant a hearing to any such officer or agency on such proposed budgets.

SECTION 8-108. Existing pension rights protected.

(a) Persons who, at the time this charter takes effect, are employed by any office, department, board, commission, or agency of the former City of Milledgeville shall retain all pension rights which have accrued to them under any existing pension system.

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Milledgeville-Baldwin County, Georgia, shall continue in force and effect any existing pension system for city employees covered thereby who are employed by the unified government, and the services of such employees shall not be deemed to have been interrupted by the adoption of this charter. (b) Persons who, at the time this charter takes effect, are employed by any office, department, board, commission, or agency of the former Baldwin County shall retain all rights which have accrued to them under any existing pension system. Milledgeville-Baldwin County, Georgia, shall continue in force and effect any existing pension system for county employees covered thereby who are employed by the unified government, and the services of such employees shall not be deemed to have been interrupted by the adoption of this charter. (c) No employee seniority, salary, or benefit shall be diminished or eliminated as a result of unification.

SECTION 8-109. Establishment of new pension systems; merging of existing systems.

The commission is hereby authorized and empowered to establish and maintain a new pension system or pension systems or retirement plan or plans affecting new employees and such other employees as desire to be covered thereby and to revise, combine, and consolidate any pension system in effect on the effective date of this charter; provided, however, that in no event shall any revision, combination, or unification of any existing pension system in effect when this charter is adopted result in the curtailment or diminishment of any right accrued under any existing pension system to any person heretofore employed by the City of Milledgeville, Baldwin County, or of any agency of such former governments.

SECTION 8-110. Amending charter.

This charter may be modified, rescinded, changed, or amended by only the following methods:
(1) An Act of the General Assembly of Georgia; or (2) An ordinance adopted by the Board of Commissioners of Milledgeville-Baldwin County, Georgia, as provided for in Article IX, Section II, Paragraph I of the Constitution of the State of Georgia.

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SECTION 8-111. Fidelity bonds.

All officers of Milledgeville-Baldwin County, Georgia, both elected and appointed, shall execute such official bonds in such amounts and upon such terms and conditions as the law or the commission may require.

SECTION 8-112. Examples of powers.

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

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(16) Roadside regulation: to prohibit or regulate signs, billboards, and other items upon or adjacent to streets and roads; (17) Health: to prescribe and enforce health and sanitation standards; (18) Pollution: to regulate emissions which pollute the air and water; (19) Fire safety: to fix fire limits and to prescribe and enforce fire safety regulations; (20) Public hazards: to provide for the destruction or removal of public hazards; (21) Waste disposal: to provide for and regulate the collection, disposal, and recycling of garbage and wastes; (22) Water and sewer fees: to fix and collect water and sewer fees; (23) Garbage fees: to fix and collect garbage fees; (24) Nuisances: to define and provide for the abatement of nuisances; (25) Property protection: to preserve and protect the property of the unified government; (26) Prisoners: to provide for public work by prisoners and for their confinement; (27) Animal control: to regulate or prohibit the keeping of animals; (28) Motor vehicles: to regulate the operation and parking of motor vehicles; (29) Taxicabs: to regulate vehicles operated for hire in the unified government; (30) Pensions: to provide and maintain a system of pensions and retirement for employees and officers of the unified government; (31) Special assessments: to levy, assess, and collect special assessments to cover the cost of public improvements; (32) Contracts: to enter into lawful contracts and agreements; (33) Agencies: to create, alter, or abolish departments, boards, offices, commissions, authorities, and agencies of the unified government and to confer appropriate authority upon them; (34) Penalties: to provide penalties for violations of ordinances of the unified government; (35) Law enforcement and fire protection: to exercise the power of arrest through appointed deputies and to operate a fire department; (36) Emergencies: to provide for the determination, proclamation, and combating of emergencies; (37) Urban redevelopment: to organize and operate an urban redevelopment program; (38) Public transportation: to organize and operate public transportation programs; and (39) General health, safety, and welfare: to define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the unified government.

SECTION 8-113. Provision of services.

When determining services to be provided, the unified government of Milledgeville-Baldwin County, Georgia, shall always attempt:

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(1) To efficiently allocate resources to increase the quality of life for all citizens of Milledgeville-Baldwin County, Georgia; (2) To provide the highest quality services to all citizens of Milledgeville-Baldwin County, Georgia; (3) To ensure efficient utilization of community resources; (4) To promote equity for all citizens in the delivery of governmental services throughout Milledgeville-Baldwin County, Georgia; and (5) To recognize and consider the advantages of the provision of services through contractual arrangements with other governments and private enterprises.

SECTION 8-114. Historic items.

It shall be the responsibility of the unified government to collect, preserve, and display documents and other items of historical significance to the City of Milledgeville, Baldwin County, and Milledgeville-Baldwin County, Georgia.

SECTION 8-115. Section captions.

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

SECTION 8-116. Effect of repeals.

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

SECTION 8-117. Severability clause.

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

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ARTICLE IX TRANSITION PROVISION
SECTION 9-101. Provision of services during transition.

In order to unify the two governments and to assure the common and continued administration of services currently provided by both the City of Milledgeville and Baldwin County, the following procedures shall apply:
(1) On the effective date of the new unified government, all services currently provided by the county shall be provided through the general services district to all residents of the county, and all services provided by the city shall be provided through the urban services district to the current residents of the City of Milledgeville. Assuming the continued availability of state and federal funds, these services arrangements shall apply until modified as provided under the provisions cited below; (2) Within two years of the effective date of this charter, the unified government shall adopt a services delivery plan that includes, but is not limited to, the following:
(A) An administrative mechanism with appropriate status and adequate budget to develop and implement a comprehensive program of human and economic development which shall be responsible for identifying problems and needs that exist in the community and for identifying and securing resources needed to effectively address these problems and needs; and (B) An administrative mechanism with appropriate status and adequate budget to develop and implement adequate parks and recreation programs that will be available to all citizens of Milledgeville-Baldwin County, Georgia; and (3) The unified government shall work with due speed to equalize the charges for all services throughout the county.

SECTION 9-102. Protection and compensation of existing employees.

(a) All full-time employees of the City of Milledgeville and Baldwin County, Georgia, and all full-time employees of any department, office, or agency thereof shall, upon the termination of said city and county governments and the inception of the unified government, shall become employees of the unified government or of a department, office, or agency thereof and shall be assigned to duties as similar in nature as may be practicable within said unified government. (b) No permanent full-time employee of the City of Milledgeville or Baldwin County shall lose employment or suffer any diminution of compensation resulting from the adoption of this charter. The definition of compensation includes, but is not limited to, salary, retirement benefits, and annual and sick leave. This provision shall not apply to any position which

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requires appointment by the mayor and confirmation by a majority of the commission under paragraph (2) of Section 3-105 of this charter. (c) Within 12 months of the effective date of this charter, the unified government shall have begun implementation of a plan that ensures that all employees performing the same functions and having the same responsibilities receive uniform compensation by the end of the second year of operation of the unified government. This requirement that there be a uniform level of compensation throughout Milledgeville-Baldwin County, Georgia, by the end of the fourth year shall not require that there be any freeze on employee compensation. (d) Elimination of the duplication of functions shall be addressed through attrition and reassignment. Therefore, no permanent full-time employee of the City of Milledgeville or Baldwin County, Georgia, at the time of unification shall suffer any diminution of compensation resulting from the adoption of this charter. This provision shall not apply to any position which requires appointment by the mayor and confirmation by a majority of the commission under paragraph (2) of Section 3-105 of this charter. (e) All new employees hired by the governing authorities of Baldwin County and the City of Milledgeville following the ratification of this charter by the voters shall be deemed temporary employees until such employment is ratified by the unified government of Milledgeville-Baldwin County, Georgia.

SECTION 9-103. Effective date of charter.

This charter shall become fully effective in accordance with Section 9-112 of this charter upon the election of a mayor, vice mayor, and board of commissioners for Milledgeville-Baldwin County, Georgia, and their taking office as the governing authority of the unified government.

SECTION 9-104. Initial budget.

The first full 12 month budget of the unified government shall not exceed an amount equal to the combined fiscal year general operating budgets of the City of Milledgeville and Baldwin County from the immediately preceding fiscal year of the City of Milledgeville and Baldwin County, plus increases due to inflation as specified in the Consumer Price Index from the United States government, if approved, but not including capital road improvements and other special revenue funds under special purpose local option sales taxes or additional transfer tax fees.

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SECTION 9-105. Number of employees.

For a period of 24 months from the effective date of this charter, the total number of employees of Milledgeville-Baldwin County, Georgia, shall not exceed the combined number of employees authorized for the governments of the former City of Milledgeville and Baldwin County on the effective date of this charter except as otherwise mandated by law.

SECTION 9-106. Cooperation of former governments.

(a) All officers, officials, and employees of the former City of Milledgeville and Baldwin County shall cooperate with and assist the mayor; the board of commissioners; the Milledgeville-Baldwin County, Georgia, county manager; and other officers of Milledgeville-Baldwin County, Georgia:
(1) In planning the unification of departments, boards, commissions, authorities, 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 unified government of Milledgeville-Baldwin County, Georgia; and (2) In all other respects in order that the merger of the governments be accomplished in the most orderly manner possible. The officers of the unified government shall be entitled to examine all records, files, and other data in the possession of the former governments and of all officers, officials, employees, and departments thereof. The former governments shall, to the extent possible, provide working areas and facilities for the officers of the unified government. (b) During the time period beginning upon the ratification of this charter by the voters and extending until this charter becomes fully effective, it shall be illegal for any member of the governing authority of Baldwin County or the governing authority of the City of Milledgeville to violate the terms of this charter. (c) During the time period beginning upon the ratification of this charter by the voters and extending until this charter becomes fully effective, the governing authority of the City of Milledgeville and the governing authority of Baldwin County shall not be authorized to increase their respective budgets by more than 10 percent above the budget level existing on the date of the ratification of this charter by the voters.

SECTION 9-107. Existing ordinances and resolutions continued in effect.

(a) Subject to subsection (d) of this section, existing ordinances and resolutions of the Board of Commissioners of Baldwin County and existing rules and regulations of county

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departments or agencies, not inconsistent with the provisions of this charter, shall continue in effect as ordinances, resolutions, rules, or regulations of Milledgeville-Baldwin County, Georgia, or the appropriate department or agency thereof until they have been repealed, modified, or amended. (b) Subject to subsection (d) of this section, existing ordinances and resolutions of the City of Milledgeville, not inconsistent with the provisions of this charter, shall continue in effect as ordinances and resolutions of Milledgeville-Baldwin County, Georgia, and shall apply only to the area included within the urban services district until they have been repealed, modified, or amended. (c) Subject to subsection (d) of this section, in the event of a conflict between any of the ordinances or resolutions continued by this section, the provisions thereof shall apply only to the territory of the unified government that such ordinance or resolution applied prior to the effective date of this charter and until such ordinance or resolution is repealed, changed, or amended to eliminate the conflict. (d) Twenty-four months after the effective date of this charter, all ordinances and resolutions shall apply uniformly throughout the area of the unified government. Prior to this date, the commission shall review all ordinances and resolutions and take whatever action is needed to remove any conflicts between ordinances and resolutions continued by this section in order to produce a uniform body of ordinances and resolutions, free of any conflicts or contradictions between such provisions.

SECTION 9-108. Contracts and obligations.

(a) Except as otherwise provided by this charter, all contracts, orders, leases, bonds, and other obligations or instruments entered into by Baldwin County or for its benefit prior to the effective date of this charter shall continue in effect according to the terms thereof as obligations and rights of the unified government; provided, however, that any obligation created by Baldwin County to become effective after the date of approval of this charter and prior to the effective date of this charter shall be subject to ratification and approval by the Board of Commissioners of Milledgeville-Baldwin County, Georgia, 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 Milledgeville 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 unified government; provided, however, that any obligation created by the City of Milledgeville to become effective after the date of approval of this charter and prior to the effective date of this charter shall be subject to ratification and approval by the Board of Commissioners of Milledgeville-Baldwin County, Georgia, within six months following the effective date of this charter.

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(c) No pending action or proceeding of any nature, whether civil, criminal, judicial, administrative, or other, by or against the City of Milledgeville or Baldwin County or an agency or department thereof, shall be abated or otherwise affected by the adoption of this charter, and Milledgeville-Baldwin County, Georgia, shall stand substituted as a party in lieu thereof.

SECTION 9-109. Dissolution of existing governments.

On the effective date of this charter, the Board of Commissioners of Baldwin County and the mayor and council of the City of Milledgeville and all the officers thereof and the offices thereof not continued under this charter shall be repealed and abolished, and all emoluments appertaining thereto shall cease. Thereupon, the governments of Baldwin County and the City of Milledgeville shall terminate as separate political entities, and all powers, functions, duties, and obligations thereof shall be transferred to and vested in the unified government created by this charter.

SECTION 9-110. Transfer of records and equipment.

When an agency of the City of Milledgeville or of Baldwin County is abolished or unified by this charter, all books, papers, maps, charts, plans, records, other equipment, and personal property in possession of such agency shall be delivered to the agency to which its rights, powers, duties, and obligations are transferred.

SECTION 9-111. Officers serve until successors qualify.

Notwithstanding any other provision of this charter, any officer performing duties under the government of the City of Milledgeville or Baldwin County may continue to perform the duties thereof until a successor, whether under the same title or office of another, shall be elected or appointed and qualified to perform the duties, it being the intention hereof that no duty or service shall lapse or be abandoned because of lack of an officer to perform such duty or service.

SECTION 9-112. Referendum on the charter.

(a) If it is permissible under Code Section 21-2-540 of the O.C.G.A. to conduct a special election to submit a referendum to the voters on the third Tuesday in July, 2015, it shall be the duty of the Baldwin County Board of Elections to call an election for approval or

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rejection of the proposed charter to be held on such date; otherwise, it shall be the duty of the Baldwin County Board of Elections to call an election for approval or rejection of the proposed charter to be held on the Tuesday immediately following the first Monday in November, 2015. The board shall cause the date and purpose of the election to be published once a week for two calendar weeks immediately preceding the date thereof in the official legal organ of Baldwin County. The ballot shall have written or printed thereon the following:
"( ) YES Shall the charter unifying the governments of the City of Milledgeville and ( ) NO Baldwin County and creating a single county-wide government to supersede
and replace those governments be approved?"
(b) All persons desiring to vote for approval of the charter shall vote "Yes," and those persons desiring to vote for rejection of the charter shall vote "No." If more than one-half of the votes cast by the qualified voters of Baldwin County residing within the corporate limits of the City of Milledgeville are for approval of the charter and if more than one-half of the total votes cast by all the qualified voters of Baldwin County are for approval of the charter, then the charter shall become effective for the purposes of electing the mayor and commission and for transition activities immediately and for all purposes on July 1, 2016, if the election is held in July, 2015, or on January 1, 2017, if the election is held on the Tuesday immediately following the first Monday in November, 2015. Otherwise, it shall be void and of no force and effect and shall stand repealed by operation of law. The expense of such election shall be borne equally by the City of Milledgeville and Baldwin County. (c) The special election shall be conducted pursuant to Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," except to the extent specifically provided otherwise by this charter. (d) A qualified voter, as used herein, shall mean a voter of Baldwin County qualified to vote for members of the General Assembly of Georgia. The board shall certify the returns to the Secretary of State. The board shall also furnish a certified copy of the charter to the Secretary of State. The Secretary of State shall issue a proclamation showing and declaring the result of the election on the approval or rejection of the charter. One copy of the proclamation shall be attached to the copy of the charter certified to the Secretary of State. One copy of the proclamation shall be delivered to the clerk of the governing authority of the City of Milledgeville who shall attach the same to the copy of the charter previously certified to him or her. One copy of the proclamation shall be delivered to the clerk of the governing authority of Baldwin County who shall attach the same to the copy of the charter previously certified to him or her. (e) Whenever a charter for the unification of the governments of the City of Milledgeville and Baldwin County has been accepted, the certified copies thereof as provided for in this section, with the proclamation of the Secretary of State of Georgia attached thereto, shall be deemed duplicate original copies of the charter of the unified government for all purposes. The certified copy of the charter and proclamation deposited with the clerk of the governing

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authority of the City of Milledgeville and the certified copy of the charter and proclamation deposited with the clerk of the governing authority of Baldwin County shall subsequently be delivered by them to the successor government. The successor government may issue certified copies of the charter, and any copy so certified shall be deemed a duplicate original copy of the charter of the unified government for all purposes. The Secretary of State is authorized to issue certified copies of the charter on file, and copies so certified shall be deemed duplicate original copies of the charter of the unified government for all purposes. (f) Upon the approval of this charter, a transition team shall be established and initially composed of two members appointed by the member of the Senate who represents Baldwin County, two members appointed by the member of the House of Representatives who represents Baldwin County, the mayor of the City of Milledgeville, and the chairperson of the Board of Commissioners of Baldwin County. Upon their election, the members of the Milledgeville-Baldwin County unified government shall become members of the transition team. In the event that one or more newly elected members are already serving on the transition team, no additional member shall be added to replace such person. (g) Funding for transition activities shall come from the additional franchise fees that will become available from the unincorporated areas of Baldwin County upon adoption of the unified charter. (h) The transition team may make recommendations for revisions of the charter through the state legislative process prior to the actual implementation of the charter. (i) The following shall be the transition operational timeline:
2015 The charter shall be submitted to the General Assembly requesting that local legislation allowing a vote on the Milledgeville-Baldwin County Unified Government Charter take place in July, 2015, if permissible under Code Section 21-2-540, or in conjunction with the November, 2015, municipal general election. If the referendum is approved in July, 2015, elect commissioners for the Milledgeville-Baldwin County Unified Government in November, 2015.
2016 Merge all city and county departments and request the General Assembly to enact local legislation authorizing the formation of a Milledgeville-Baldwin County Water and Sewer Authority. If the referendum on the approval of the charter is held in conjunction with the 2015 November municipal general election, elect mayor, vice mayor, and commissioners for the Milledgeville-Baldwin County Unified Government at the 2016 presidential preference primary. If the mayor, vice mayor, and commissioners were elected in November, 2015, the unified government shall begin on July 1, 2016.
2017 If the mayor, vice mayor, and commissioners are elected at the 2016 presidential preference primary, then the unified government shall begin on January 1, 2017. All remaining departments and offices of the Baldwin County government and the City of Milledgeville government shall be merged as soon as practicable following the initiation of the new unified government.

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ARTICLE X REPEALS SECTION 10-101. Specific repeals.

(a) Upon this charter becoming fully effective, an Act providing for a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), and all amendatory Acts thereto, is repealed. (b) Upon this charter becoming fully effective, an Act creating the Board of Commissioners of Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), and all amendatory Acts thereto, is repealed.

SECTION 10-102. Repeal of conflicting laws.

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

Plan: MillBaldCC-2015 Plan Type: Local Administrator: H145 User: Gina

District 001 Baldwin County VTD: 009319 - WEST BALDWIN 970500: 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 3040 3042 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 970800: 2000 2002 2003 4000 4001 4002 4003 4004 4005 4006 4008 4009 4010 4011 4012 4013 VTD: 009CTY1 - SOUTH MILLEDGEVILLE 970300: 2004 2006 2007 2009 2010 2012 2013 2014 2016 2017 2021 2027 2028 2029 2046 2071 2072 2073 2077 2079 2081 2086 2089 970400: 2003 2009 2011 2012 2013 2014 2021 2022 2024 3017 3021 3024 3025 3033 3034

GEORGIA LAWS 2015 SESSION
970500: 3028 3034 3036 3041 3043 VTD: 009CTY3 - BODDIE 970400: 3000 3001 3002 3004 3035 3036 VTD: 009CTY5 - FIRE DEPT 970400: 1012 1013 1014 1016 1017 1018 1019 1020 1021 2000 2001 2002 2005 2006 2007 2008 2010 2015 2016 2017 VTD: 009CTY6 - NORTH MILLEDGEVILLE 970400: 1006 1010 1011 2004 2018 VTD: 009MERI - MERIWEATHER 970300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 2000 2001 2002 2003 2005 2008 2011 2015 2018 2019 2020 2022 2023 2024 2025 2026 2074 2075 2078 2080 2082 2083 2084 970400: 2019 2020 2023 2025 2026 3018 3019 3020 3022 3023 3026 3027 3028
District 002 Baldwin County VTD: 009318 - NORTH BALDWIN 970200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 2000 2001 2002 2003 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2023 2024 3000 3001 3002 3003 3004 3005 3006 3007 3009 3010 3014 3015 3022 3024 3028 3029 3032 3033 3034 3043 3044 3045 3051 3052 3053 3054 3055 3071 4002 970300: 2032 2035 2036 2037 2038 2039 2040 2041 2044 2048 2056 2057 2062 2064 2067 2068 2087

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970400: 1002 1005 VTD: 009CTY1 - SOUTH MILLEDGEVILLE 970200: 2004 2005 2022 970300: 2031 2042 2043 2045 2047 2049 2050 VTD: 009CTY3 - BODDIE 970200: 3040 3041 3042 3056 3057 3058 3059 3060 3069 3070 4003 VTD: 009CTY5 - FIRE DEPT 970200: 3061 3062 3063 VTD: 009CTY6 - NORTH MILLEDGEVILLE 970100: 1047 1049 1050 1056 1072 1075 1076 1077 970200: 3008 3011 3012 3013 3016 3017 3018 3019 3020 3021 3023 3025 3026 3030 3031 3035 3036 3037 3038 3039 3046 3047 3048 3049 3050 3064 3065 3066 970300: 2030 2033 2034 2051 2052 2053 2054 2055 2058 2059 2060 2061 2063 2065 2066 2069 2070 2076 2085 2088 970400: 1000 1001 1003 1004 1007 1008 1009 1015 1022 VTD: 009MONT - EAST BALDWIN 970100: 1000 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1048 1051 1052 1053 1054 1055 1057 1058 1059 1060 1061 1062 1073 1074 1078 1081 1082 1083 1084 970200: 3027

District 003 Baldwin County VTD: 009318 - NORTH BALDWIN 970200: 3067

GEORGIA LAWS 2015 SESSION
VTD: 009321E - EAST HARDWICK 970701: 2004 2005 2017 2018 2021 2022 2026 2027 2029 2030 2031 2032 2033 3000 3006 3007 970702: 1009 1016 1022 1023 1024 1025 1026 1028 1029 2001 2002 2004 VTD: 009CTY1 - SOUTH MILLEDGEVILLE 970400: 3006 3007 3010 3012 3013 3014 3015 3016 3029 3030 3032 4019 5007 5008 5014 5026 5027 5028 970500: 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 2031 2032 2041 2042 2043 2044 2045 2049 2050 2051 2052 VTD: 009CTY2 - CITY HALL ANNEX 970701: 1014 1017 1018 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1033 1034 1035 2000 2001 2002 2003 2006 2007 2008 2009 2019 2020 2028 3001 3002 3003 3004 3005 3008 3009 970702: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1010 1011 1012 1013 1014 1015 1017 1018 1027 1030 1031 2000 VTD: 009CTY3 - BODDIE 970200: 4000 4001 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5018 5019 5020 5021 970701: 1000 1001 1002 1003 1004 1005 1006 1010 1011 1012 1013 VTD: 009CTY4 - COURTHOUSE 970400: 5000 5001 5002 5003 5010 5011 5012 5013 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5029 5030 5031 970600: 1008 1009 1012 970701: 1032 1036 VTD: 009CTY5 - FIRE DEPT 970400: 3003 3005 3008 3009 3011 3031 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4020 4021 4022 4023 4024 4025 4026 5004 5005 5006 5009

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VTD: 009MONT - EAST BALDWIN 970100: 1001 1063 1064 1065 1066 1067 1068 1069 1070 1071 1079 1080 1085 1086 1087 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 3006 3008 3010 3011 3019 3020 3021 3022 970200: 3068 5016 5017

District 004 Baldwin County VTD: 0091714 - SCOTTSBORO VTD: 009321E - EAST HARDWICK 970701: 1038 2011 2012 2014 2015 2016 2025 3015 3016 3017 3018 3019 3020 3028 3029 3030 3032 3039 3041 3042 3043 3044 3045 970702:

1019 1020 1021 2003 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2016 2017 2018 2051 VTD: 009321W - WEST HARDWICK 970600: 1002 1003 1004 1005 1006 1007 1010 1011 1013 1014 1015 1024 1025 1026 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4020 4021 4022 4023 4024 4025 4026 VTD: 009CTY2 - CITY HALL ANNEX 970702: 2015 2019 2020 2021 2022 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2054 970800: 1001 1002 1003 1004 1005 1015 1016 1017 1020 1021 1022 1023 VTD: 009CTY4 - COURTHOUSE 970701: 1037 2010 2013 2023 2024 3010 3011 3012 3013 3014 3021 3022 3023 3024 3025 3026 3027 3031 3033 3034 3035 3036 3037 3038 3040

GEORGIA LAWS 2015 SESSION
970702: 2023 2024 2025 2026 2027 2028 VTD: 009MONT - EAST BALDWIN 970100: 3000 3001 3002 3003 3004 3005 3007 3009 3012 3013 3014 3015 3016 3017 3018 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 970702: 2052 2053 970800: 1000 1019 1064 1065
District 005 Baldwin County VTD: 009319 - WEST BALDWIN 970500: 3029 3046 3047 3048 3049 3075 3081 3082 3085 3086 VTD: 009321W - WEST HARDWICK 970600: 1016 1017 1018 1019 1020 1021 1022 1023 1027 1028 1029 1030 1031 1032 1033 1034 1035 2001 2002 2005 2009 2010 2011 2013 2015 2016 2018 2021 2022 2023 2024 2025 2026 2027 2028 2029 4017 4018 970800: 2001 2004 2005 2006 2007 2008 2009 2010 2011 2012 2016 2017 2018 VTD: 009322 - COOPERS VTD: 009CTY1 - SOUTH MILLEDGEVILLE 970500: 1023 1024 2000 2001 2002 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 2033 2034 2035 2036 2037 2038 2039 2040 2046 2047 2048 3030 3031 3032 3033 3035 3037 3038 3039 3044 3045 3076 3077 3078 3079 3080 3083 3084 3087 970600: 2003 2004 2006 2007 2008 2012 2014 2017 2019 2020 2030 2031 2032 2033 2034

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VTD: 009CTY2 - CITY HALL ANNEX 970500: 1047 1048 1049 1050 970600: 1000 970701: 1015 1016 1019 1020 1021 VTD: 009CTY3 - BODDIE 970701: 1007 1008 1009 VTD: 009CTY4 - COURTHOUSE 970500: 1000 1001 1002 1003 1004 1005 1006 1017 1018 1019 1020 1021 1022 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1051 1052 1053 970600: 1001 2000 VTD: 009MERI - MERIWEATHER 970500: 2003

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to provide for the unified government of Milledgeville-Baldwin County; to provide for boundaries and districts; to provide for powers and duties; to provide for organization, qualifications, election, terms, and filling of vacancies; to provide for associated offices, departments, and agencies; to provide for budgets and financial matters; to provide for a transition period; to provide for the repeal of certain Acts; to provide for a referendum; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative E. Culver "Rusty" Kidd District 145
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rusty Kidd, who on oath deposes and says that he is the Representative from District 145 and further deposes and says that the attached Notice of Intention to Introduce

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Local Legislation was published in the The Union-Recorder which is the official organ of Baldwin County on 01/09/2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ RUSTY KIDD Rusty Kidd Representative, District 145

Sworn to and subscribed before me, this 14th day of January 2015.

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

Approved May 5, 2015.

__________

TOWN OF BISHOP NEW CHARTER.

No. 96 (House Bill No. 203).

AN ACT

To provide a new charter for the Town of Bishop; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town or 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, mayor pro tempore, and town council 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, town clerk, town manager, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for town contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules

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and pending matters; to provide for penalties; to provide for definitions and construction; to provide for related matters; to provide for severability; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.

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

SECTION 1.11. Corporate boundaries.

The boundaries of this town shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this town at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the town hall and to be designated, as the case may be, "Official Map (or Description) of the corporate limits of the Town of Bishop, 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 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. The specific boundaries of the town shall be those existing on the effective date of this charter and as now or hereafter provided by law, with such future alterations as are made in the manner provided by law.

SECTION 1.12. Municipal 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. This town shall have the right to enter into agreements with other governments or private entities for assistance. The powers of this town shall be construed liberally in favor of the town. The specific mention or failure to

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mention a particular power shall not be construed as limiting in any way the powers of this town. (b) The powers of this town shall include, but not be limited to, the following:
(1) Air and water pollution. To regulate the emission of smoke or other individual or corporate exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the town; (2) Alcoholic beverages. The keeping for sale, selling, or offering for sale of any spirituous, vinous, malt, or fermented wines or liquors within the corporate limits of the town shall be prohibited or regulated by the Town of Bishop as provided by law. The mayor and council of the town shall have power or authority to license the sale thereof, consistent with the laws of the State of Georgia, and it shall be their duty to enforce same by the enactment of necessary ordinances with suitable penalties for violation; (3) 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; (4) 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; (5) Building regulation. To regulate and to license the erection and construction, alterations, or demolition of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; to regulate all building and housing trades; and to contract with county, state, or private qualified firms or individuals for inspection or other assistance; (6) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any town fees or taxes or by failure to abide by town and zoning regulations; (7) Cemetery. The mayor and council shall have jurisdiction over the cemetery belonging to or located in the town and may provide by ordinance for the public cemetery. They may appoint such employees to superintend the care thereof as they deem proper. They may enact ordinances to prevent trespass therein and to prevent any person from defacing any work therein. They may regulate the charges for the sale and care of lots, grave digging, hearse fees, and any and everything pertaining to the care and operation of such cemetery; (8) Condemnation. To condemn property, both inside and outside the corporate limits of the town, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; the mayor and council are

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empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, and charitable, educational, recreational, sport, and any curative agencies and facilities, and any other public improvements inside and outside the corporate limits of 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; (9) Contracts. 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; (10) 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; (11) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the town through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (12) Fire regulations. To fix and establish fire limits inside and outside the town 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; (13) 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 such town 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; (14) General health, safety, sanitation, and welfare. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; 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, etc.; (15) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the town and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (16) Motor vehicles. To regulate the 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

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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 town and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by council, 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 and 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; to prescribe penalties and punishment for violations thereof; and to provide for the dissolution of same; (21) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of utility systems, etc.; (22) Nuisances. To define a public nuisance, or nuisance property, and provide for its abatement whether on public or private property; (23) Penalties. To provide penalties for violation of any ordinances or council decisions 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, land use, and housing and development regulations as the mayor and council deem necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (25) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency, including an agreement with other governments or qualified private entities; (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 and to require this removal, repair work, or reimbursement from landowners; (27) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, and curative institutions, agencies, and facilities; to provide any other public improvements, inside and outside the corporate limits of the town; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (28) Public peace. To provide for the prevention and punishment of intoxication, riots, and public disturbances, such as excessive noise, shooting, etc.;

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(29) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the town, and to prescribe penalties and punishment for violation of such ordinances; (31) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the town; to negotiate and execute leases over, through, under, or across any town property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the town for passageways, or any other purpose or use between buildings on opposite sides of the street and for other similar transportation items for private use at such location and to charge a rental therefore in such manner as may be provided by ordinance; to authorize and control the construction of streets within the corporate limits of the town; to grant franchises and rights of way throughout the streets and roads for the use of public utilities and for private use; and to require new real estate owners to construct a sidewalk and repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (32) Sewer, water, and solid waste fees. To contract with other government or private entities for these services and to levy a fee, charge, or tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of such entities; (33) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors and drugs, the use of firearms, the transportation, storage, and use of combustible, explosive, and flammable materials, the use of lighting, sound, and heating equipment, peddlers and itinerant traders, theatrical performances, exhibitions, professional fortune telling, palmistry, adult entertainment or bookstores, massage parlors, shows of any kind, etc., by license taxation, zoning or otherwise. (34) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (35) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (36) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (37) Trees. To adopt and enforce ordinances for the protection and preservation of trees on the streets, public places, cemeteries, and parks in the town and to prevent the cutting, impairing, or mutilations thereof by telephone, electric, or gas company employees or any

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other person unless the same is done under and with the formal consent of the mayor and council or some officer appointed by them to direct the same and then only when absolutely necessary for the public service or safety; (38) Business vehicles: vehicles for hire or for commercial use. 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 properly licensed; to require public liability insurance on such vehicles; and to regulate the parking and visibility of such vehicles; (39) Prohibited activities. To prohibit or regulate loitering, disorderly conduct, and disturbing the peace in the corporate limits of the town; to prohibit or regulate the playing of lotteries therein; and to prohibit or regulate such other conduct and activities within the town which, while not constituting offenses against the laws of this state, are, nevertheless, deemed by the governing authority to be detrimental and offensive to the peace and good order of the town or to the welfare of the citizens thereof; (40) Public health, sanitation, cleanliness, welfare, and safety. To define, regulate, and prohibit any act, conduct, practice, 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 town and to provide for the enforcement of such standards; (41) Preservation of property. 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; (42) Rules and regulations. To make, ordain, and establish such bylaws, zoning, ordinances, rules, and regulations as shall appear necessary for the security, welfare, convenience, and interest of the town and the inhabitants thereof and for preserving the health, peace, order, and good government of the town; (43) Ordinances, resolutions, rules, and regulations. 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 Bishop and may enforce such ordinances by imposing penalties for violations thereof; and (44) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the town and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly

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prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.13. Exercise of powers.

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

ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. Mayor and council creation; number.

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

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 sworn in. No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of the town for 12 months prior to the date of qualification for the election of mayor or councilmember, as the case may be, and shall continue to reside in the town during his or her term of office. Each such official shall continue to reside in the town during his or her period of service and continue to be registered and qualified to vote in municipal elections of the town, be current on all taxes, be 21 years of age, and meet any other requirements of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

SECTION 2.12. Vacancy; suspensions; 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. A vacancy in the office of mayor or councilmember may be filled for the remainder of the unexpired term, if any, by appointment of the mayor and council as set forth in subsection (c) of this section.

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(b) Upon the suspension from office of the mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the mayor and council, or those remaining, shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. (c) In the event of a vacancy in the office of mayor or councilmember prior to the expiration of a regular term of office, such vacancy may be filled for the remainder of the unexpired term, if any, by appointment by the mayor and council if less than 24 months remain in the unexpired term, otherwise by an election, as provided for in Article V of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., or such other laws as are or may hereafter be enacted.

SECTION 2.13. Compensation and expenses.

The mayor and councilmembers may receive compensation and expenses for their services as provided by council vote or resolution.

SECTION 2.14. Conflicts of interest; holding other offices.

(a) Elected and appointed officers of the town are trustees and servants of the residents of the town and shall act in a fiduciary capacity for the benefit of such residents. (b) No elected official, appointed officer, or employee of the town or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate

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for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent private interests in any legal 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 he or she has a financial interest. (c) Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the town shall disclose such private interest to the mayor and council. The mayor or any councilmember who has a private interest in the matter pending before mayor and council shall disclose such private interest and such disclosure shall be entered on the records of the mayor and council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto and may be asked to depart from that section of the meeting. 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) 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 mayor and council or the governing body of such agency or entity. Use of public property shall be approved by council and used to promote the town or other approved cause. (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 mayor and council. (f) Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in town government during the term for which he or she was elected. (g)(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 his or her office or position. (2) Any officer or employee of the town who shall forfeit his or her office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the town government for a period of three years thereafter, and such forfeiture shall be reported to the appropriate agencies.

SECTION 2.15. Inquiries and investigations.

The mayor and council may make inquiries and investigations into the affairs of the town and the conduct of any employee, department, office, or agency thereof and for this purpose may

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subpoena witnesses, administer oaths, take testimony, and require the production of evidence.

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

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

SECTION 2.17. Organizational meetings; oaths.

Preferably in December, the meeting shall be called to order by a legal officer, and the oath of office shall be administered to the newly elected mayor and councilmembers 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." If this is not accomplished in December, the oath shall be administered at the January meeting of the regular term of office.

SECTION 2.18. Regular and special meetings.

(a) The mayor and council shall hold regular meetings at such times and places as prescribed by ordinance, resolution, or council agreement. Currently, the regular meetings are the second Monday evenings of each month. (b) Special meetings of the mayor and council may be held on call of the mayor or a minimum of two members of the town council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember'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 prior to such meetings, which includes placing a notice on the public bulletin board, notifying the legal newspaper, and recording proper minutes.

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SECTION 2.19. Rules of procedure.

(a) The mayor and council may adopt rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of proceedings, which shall be a public record. (b) All committees, boards, and commissions of citizens shall be appointed by the mayor and council and shall serve at their pleasure. The mayor and council shall have the power to appoint new members to any committee at any time; each committee may appoint its own chairperson, if such chairperson has not been specially appointed by the mayor and council.

SECTION 2.20. Quorum; voting.

Three councilmembers, one of whom may be the mayor, shall constitute a quorum and shall be authorized to transact business of the mayor and council. Voting on the adoption of ordinances shall be by voice vote or raising of right hand and the vote shall be recorded in the official minutes, but the mayor and any councilmember shall have the right to request a roll-call vote and such vote shall be recorded in the official minutes. Except as otherwise provided in this charter, the affirmative vote of the majority of the quorum in attendance and official signatures shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall not be counted as a negative or affirmative vote.

SECTION 2.21. Ordinance form; procedure.

(a) Every proposed ordinance should be introduced for public inspection in writing and in the form required for final adoption. (b) An ordinance may be introduced by the mayor or 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 mayor and council in accordance with the rules which they shall establish. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as mayor and council may designate for public inspection. Unless in an emergency, the official vote will occur at the meeting following the meeting of the public reading.

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SECTION 2.22. Action requiring an ordinance or resolution.

Acts of the mayor and council that have the force and effect of law shall be enacted by ordinance or resolution.

SECTION 2.23. Emergencies.
To meet a public emergency affecting life, health, property, or public peace, the mayor and council may convene on call of the mayor or a councilmember 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 such emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of a majority of a quorum shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
SECTION 2.24. Code of technical regulations.
(a) The mayor and council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:
(1) The requirements of subsection (b) of Section 2.21 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to 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.

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SECTION 2.25. Signing; authenticating; recording; codification; printing.

(a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for that purpose all ordinances, resolutions, minutes, etc., adopted by the council. (b) The mayor and council will provide for the preparation of a general compilation or codification of ordinances, as required under Georgia law, of all the ordinances of the town having the force and effect of law. The general compilation or codification shall be adopted by the mayor and council and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the mayor and council may specify. (c) The mayor and council will 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 inspection or for purchase by the public at reasonable prices to be fixed by the mayor and council. Following publication of the first compilation or codification under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as such first compilation and shall be suitable for incorporation therein. The mayor and council shall make such further arrangements as deemed desirable with the reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

SECTION 2.26. Election of mayor; forfeiture; compensation.

The mayor shall be elected at large and shall serve for a term of four years and until his or her successor is qualified and elected. The mayor shall be a qualified elector of the town, shall be current on taxes, shall have been a resident of the town for at least 12 months prior to his or her qualification for his or her election, and abide by the laws of the State of Georgia and Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." The mayor shall continue to reside in this town during the period of his or her service. He or she shall forfeit his or her office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.

SECTION 2.27. Powers and duties of mayor.

The mayor shall: (1) Preside at all meetings of the mayor and council;

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(2) Solicit council input in preparing for agendas and meetings of the mayor and council; (3) 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; (4) Have the power to administer oaths and to take affidavits; (5) 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; (6) Vote in the event of a tie on matters before mayor and council and be counted toward a quorum as any other councilmember; (7) Assign councilmembers to their committees of responsibilities; (8) Each January, review with council the town appointments and reappoint, suspend, or abolish same (clerk, attorney, planning commission representative, committees, etc.); (9) Exercise supervision over all executive and administrative work of the town and provide for the coordination of administrative activities; (10) See that all laws and ordinances of the town are faithfully executed; (11) Recommend to the council such measures relative to the affairs of the town, improvement of the government, and promotion of the welfare of its inhabitants as he or she may deem expedient; (12) Call special meetings of the council as needed and as provided for in this charter; (13) Update town attorney and solicit legal guidance for town when needed; (14) Present to the council and citizens a recommended annual operating budget; (15) See that the peace and good order of the town are preserved and all persons and property therein are protected; and (16) Serve as the chief executive officer and fulfill such other executive and administrative duties as the mayor and council shall establish by council agreement or ordinance.

SECTION 2.28. Mayor pro tempore; selection; duties.

Each January, by a majority vote, the mayor and council shall elect a councilmember to serve as mayor pro tempore. Upon the mayor's disability or absence, the mayor pro tempore shall preside at all meetings of the mayor and council and shall assume the duties and powers of the mayor. The mayor and council by a majority vote shall elect a new presiding officer from among the councilmembers for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Any such absence or disability shall be declared by majority vote of all councilmembers.

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SECTION 2.29. Town manager/town clerk; appointment;
qualifications; compensation; powers.

(a) The mayor and council shall appoint a town manager or town clerk for an indefinite term and shall fix the compensation. The manager or clerk shall be appointed solely on the basis of executive and administrative qualifications. The manager or clerk is employed at will and may be summarily removed from office at any time by a majority vote of the mayor and council. During extreme absence or disability, the mayor and council may revoke such designation at any time and appoint another officer to serve. The position shall be reviewed each January. (b) The manager or clerk shall be responsible to the mayor and council for the administration of all town affairs placed in their charge by or under this charter. He or she will:
(1) Work with council and citizens on agenda and post in a timely manner; (2) Prepare for and attend all mayor and council meetings except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the town manager or clerk; (3) See that all laws, provisions of this charter, and acts of the mayor and council are faithfully executed; (4) Maintain financial records for council and assist in the preparation and submittal of the annual operating budget, capital budget, and annual audit material; (5) Submit to the mayor and council and make available to the public a complete report on the finances and administrative activities of the town monthly and at the end of each fiscal year; (6) Make such other reports as the mayor and council may require concerning the operations of town departments, offices, and agencies subject to the manager's or clerk's direction and supervision; (7) Keep the mayor and council fully advised as to the financial condition and current and future needs of the town and make such recommendations to the mayor and council concerning the affairs of the town as the manager or clerk deems desirable; (8) Ensure that all government and other agency reports are submitted in a timely fashion; (9) Advise mayor and council of upcoming state deadlines and maintain the official records for the town; (10) Direct and supervise the administration of the office; (11) Serve as qualifying officer and notary public; (12) Follow all guidelines regarding open records, open meetings, advertising, public hearings, e-verify, rezone requests, etc.; and (13) Perform such other duties as are specified in this charter or as may be required by the mayor and council.

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ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Department heads.

(a) The mayor and council may by resolution or ordinance establish town departments, officers, or agencies in addition to those created by this charter and may prescribe the functions and duties of all departments, officers, and agencies. (b) Except as otherwise provided in this charter, the mayor and council by resolution or ordinance shall prescribe the functions or duties of and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the town and establish professional qualifications as necessary for the proper administration of the affairs and government of the town. (c) Except as otherwise provided by this charter or by law, all appointed officers of the town shall be appointed solely on the basis of their respective administrative and professional qualifications. (d) All appointed officers shall receive such compensation as prescribed by mayor and council. (e) The department head shall ensure that all meetings and records are open and adhere to the state guidelines on such meetings and records.

SECTION 3.11. Boards; commissions; authorities.

(a) The mayor and council shall create by ordinance or resolution such boards, commissions, and authorities to fulfill any functions that the mayor and council deem necessary and shall by ordinance or resolution establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the town shall be appointed by the mayor and council for such terms of office and in such manner as shall be provided by ordinance or resolution, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The mayor and council by ordinance or resolution may provide for the compensation and reimbursement of actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by this charter or by law, no member of any board, commission, or authority shall hold any elective office in the town; provided, however, that elected town officials may serve on such boards, commissions, or authorities as an uncompensated nonvoting member.

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(e) Any vacancy on a board, commission, or authority of the town shall be filled for the unexpired term in the manner prescribed in this section for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the town an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of the mayor and council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the town may elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the town, provided that the mayor and council did not specially appoint a chairperson at the time of appointment. Each board may pass 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 rules and regulations, as they exist, shall be filed with the town manager or town clerk. (i) Each committee shall adhere to the guidelines pertaining to open meetings.

SECTION 3.12. Town attorney.

The mayor and council shall appoint a town attorney at the first scheduled meeting of the calendar year 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 solicitor in the municipal court; shall attend the meetings of the council as requested; shall advise the council, mayor, and other officers and employees of the town concerning legal aspects of the town's affairs; and shall perform such other duties as may be required of him or her by virtue of his or her position as town attorney. This appointment will be reviewed in January and is terminable at will by the mayor and council.

SECTION 3.13. Personnel policies.

The mayor and council, upon the vote of a majority thereof, may adopt rules and regulations consistent with this charter concerning the nondiscriminatory method of employee selection and probationary periods of employment, administration of the position classification and pay plan, hours of work, duties, and such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.

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ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Municipal court.

The mayor and council may make agreement with other governments for assistance with a municipal court system, judges, jurisdiction and powers, and related matters.

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."

SECTION 5.11. Election of mayor and councilmembers.

(a) There shall be a municipal general election on the Tuesday following the first Monday in November, 2015, and every four years thereafter. (b) The mayor and those members of the city council who are serving as such on July 1, 2015, and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office. (c) For purposes of electing members of the city council, the Town of Bishop is divided into four posts to be designated Post No. 1, Post No. 2, Post No. 3, and Post No. 4. Any person seeking election to the city council shall designate the city council post to which he or she seeks election and shall seek election only to the post so designated. The provisions of this section shall not be construed as requiring the division of the territory of the city into council districts or the establishment of council districts. The person receiving a majority of votes cast in the entire city for that office shall be elected.

SECTION 5.12. Nonpartisan elections.

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

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SECTION 5.13. Election by majority.

The person receiving a majority of the qualified votes cast by town residents for any town office shall be elected and shall assume his or her office in January, except in the case of a special election.

SECTION 5.14. Other provisions.

Except as otherwise provided by this charter, the mayor and council shall by resolution prescribe such rules and regulations as they deem appropriate to fulfill any provisions under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

SECTION 5.15. Removal of officers.

(a) The mayor, councilmembers, or 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. This mandatory removal due to a cause listed under Title 45 of the O.C.G.A. does not limit the language in this charter that establishes that appointed officer appointments are terminable at will by the mayor and council. (b) Removal of a mayor or councilmember pursuant to subsection (a) of this section shall be accomplished by an order of the Superior Court of Oconee County following a hearing on a complaint seeking such removal brought by any resident of the Town of Bishop.

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 town that is subject to such taxation by the state and county. 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 Town of Bishop. The council shall use the county assessment for the year in which the town taxes are to be levied and may request the county to furnish appropriate information for such purpose and to assist with property tax digest and collection. This tax is for the purpose of raising revenues to defray the costs of operating the town government, of providing governmental

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services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the mayor and council in their discretion.

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

The council shall provide, through Oconee County, when the taxes of the town shall fall due, when and where such taxes shall be paid, whether they may be paid in installments or in one lump sum, and upon what terms such taxes shall be due and payable. The mayor and council, while considering the budget, as well as the recommendation of the Oconee County Tax Commissioner, shall establish a millage rate for the town property tax.

SECTION 6.12. Occupation taxes and business taxes.

The mayor and council shall have the power to levy such occupation or business taxes allowed by law. Such taxes may be levied on both individuals and corporations who transact business in this town or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this town to be so taxed. The mayor and council should check applicable zoning classification and may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.

SECTION 6.13. Regulatory licenses, fees, permits.

The mayor and council shall have the power to require any individuals or corporations who transact business in this town or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the town and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude town regulation. Such fees may reflect the total cost to the town of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The mayor and council by resolution may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.

SECTION 6.14. Franchises.

The mayor and council shall have the power to grant franchises for the use of the town's streets and alleys for the purposes of railroads, street railways, telephone companies, electric

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companies, cable television, 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, that no franchise shall be granted unless the town receives just and adequate compensation therefor. The mayor and council shall provide for the registration of all franchises with the town clerk in a registration book kept by the clerk. The mayor and council may provide by resolution for the registration within a reasonable time of all franchises previously granted. If no franchise agreement is in effect, the mayor and council have the authority to impose a tax on gross receipts for the use of this town's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.

SECTION 6.15. Services charges.

The mayor and council by resolution shall have the power to assess and collect fees, charges, and tolls for sewer, water, sanitary, health, and fire services or any other services provided or made available inside and outside the corporate limits of the town. If unpaid, such fees, charges, and tolls shall be collected as provided in Section 6.18 of this charter.

SECTION 6.16. Special assessments.

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

SECTION 6.17. Construction; other taxes and fees.

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

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SECTION 6.18. Collection of delinquent taxes and fees.

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

SECTION 6.19. General obligation bonds.

The 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 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.

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

SECTION 6.21. Short-term loans.

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

SECTION 6.22. Lease-purchase contracts.

The town may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. The town may further enter into lease, purchase, and lease-purchase contracts for its property as is permitted by law.

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SECTION 6.23. Fiscal year.

The mayor and council shall set the fiscal year, which shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the town government.

SECTION 6.24. Preparation of budget.

The mayor and council shall provide the procedures and requirements for the preparation and execution of an annual operating budget, and, if needed, a capital improvements program and a capital budget, including requirements as to the scope, content, and form of such budgets and programs.

SECTION 6.25. Submission of budget to mayor and council.

On or before a date fixed by the mayor and council, normally May 1, the mayor and town manager or town clerk, after soliciting council and citizen input and reviewing financial records, shall submit to the council a proposed operating budget for the ensuing fiscal year. The mayor shall present a statement of the general fiscal policies of the town, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he or she may deem pertinent. The operating budget and a possible capital improvements budget provided for in Section 6.24 of this charter and all supporting documents shall be filed in the office of the town clerk and shall be open to public inspection. Public hearings will be advertised and conducted according to council direction and state law, as well as publication of the recommended and approved budget.

SECTION 6.26. Action by mayor and council on budget.

(a) The mayor and 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 mayor and council shall make every effort to adopt the final operating budget for the ensuing fiscal year by June 30. State law will be followed if council fails to adopt the budget.

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(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such unit, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriation or allotment thereof to which it is chargeable without a specific budget amendment resolution approved by majority vote of mayor and council.

SECTION 6.27. Tax levies.

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

SECTION 6.28. Changes in appropriations.

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

SECTION 6.29. Independent audit.

There shall be an annual independent audit of all town accounts, funds, and financial transactions by a certified public accountant selected by the mayor and council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. The report shall be submitted to the state, and copies of all audit reports shall be given to councilmembers and made available at printing costs to the public.

SECTION 6.30. Contracting procedures.

No contract with the town shall be binding on the town unless it is made pursuant to procedures established by mayor and council and it is:
(1) In writing; (2) Drawn by or submitted to and reviewed by the town attorney; and

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(3) Made or authorized by the mayor and council and such approval is entered in the town journal of proceedings pursuant to this charter.

SECTION 6.31. Centralized purchasing.

The mayor and council shall prescribe procedures for a system of centralized purchasing for the town. However, the mayor is permitted to spend up to $500.00 without council approval for town projects or needs.

SECTION 6.32. Sale and lease of town property.

(a) The mayor and council may sell and convey any real or personal property owned or held by the town for governmental or other purposes as now or hereafter provided by law. (b) The mayor and council may quitclaim any rights the town 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 mayor and council may authorize the mayor to execute and deliver in the name of the town a deed conveying such cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of such street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the town. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the town has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.

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

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SECTION 7.11. Prior ordinances.

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

SECTION 7.12. Definitions and 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. The words "city" and "town" are interchangeable.

SECTION 7.13. 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, or part thereof be enacted separately and independent of each other.

SECTION 7.14. Specific repealer.

An Act to incorporate the Town of Bishop in the County of Oconee, approved December 26, 1890 (Ga. L. 1890, p. 621), is repealed.

SECTION 7.15. Effective date.

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

SECTION 7.16. Repealer.

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

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to provide a new charter for the Town of Bishop; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town or 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, mayor pro tempore, and town council 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, town clerk, town manager, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for town contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules and pending matters; to provide for penalties; to provide for definitions and construction; to provide for related matters; to provide for severability; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chuck Williams, who on oath deposes and says that he is the Representative from District 119 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Oconee Enterprise which is the official organ of Oconee County on January 29, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CHUCK WILLIAMS Chuck Williams Representative, District 119

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Sworn to and subscribed before me, this 3rd day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 5, 2015.

__________

MACON WATER COMMISSIONERS-PENSION PLAN ASSIGNMENT OF PENSION RIGHTS; REPEAL.

No. 102 (House Bill No. 36).

AN ACT

To amend an Act entitled "Macon Water Commissioners-Pension Plan," approved December 30, 1953 (Ga. L. 1953, p. 2831), as amended, particularly by an Act approved May 1, 2012 (Ga. L. 2012, p. 5637), so as to repeal a provision permitting the assignment of pension rights; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act entitled "Macon Water Commissioners-Pension Plan," approved December 30, 1953 (Ga. L. 1953, p. 2831), as amended, particularly by an Act approved May 1, 2012 (Ga. L. 2012, p. 5637), is amended by revising Section 5.14 as follows:

"5.14 ASSIGNMENT OF BENEFITS; QUALIFIED DOMESTIC RELATIONS ORDER. (a) No benefit payment or portion of the pension fund contributed by member employees or officers shall be subject to assignment or used as collateral for any claim or debt of any kind or character by any person, firm, or corporation whatsoever.
(b)(1) Neither a member nor any beneficiary shall have any right to alienate, commute, anticipate, or assign any of the benefits, payments, proceeds, or distributions of the plan. (2) If a member or any beneficiary attempts to dispose of any benefits or the right to dispose of such benefits provided under the plan, or if there is an effort to seize such benefits or the right to receive such benefits by attachment, execution, or other legal or equitable process by any entity other than the authority, then the pension committee, in

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its discretion, may pass and transfer the benefit or right in such shares as the pension committee determines to one or more persons from among the beneficiaries, if any, designated by the member or to the spouse, children, or other dependents of the member. The pension committee may revoke any such appointment at any time and make further appointments to other persons, including to the member."

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

GEORGIA, BIBB COUNTY NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act entitled "Macon Water Commissioners-Pension Plan," approved December 30, 1 953 (Ga. L. 1953, p. 2831), as amended, particularly by an Act approved May1. 2012 (Ga. L. 2012.p.5637); andforotherpurposes.
Representative, Nikki Randall District 142
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Nikki Randall, who on oath deposes and says that she is the Representative from District 142 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph which is the official organ of Bibb County on December 27, 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 28th day of January, 2015.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia

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My Commission Expires December 29, 2018 (SEAL)

Approved May 6, 2015.

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GRADY COUNTY MAGISTRATE COURT; COUNTY LAW LIBRARY FEES.

No. 103 (House Bill No. 38).

AN ACT

To authorize the Magistrate Court of Grady County to impose and collect county law library fees as part of the court costs in the magistrate court; to provide for practices and procedures connected therewith; 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. For the purposes of providing funds for those uses specified in Code Section 36-15-7 of the Official Code of Georgia Annotated, the chief magistrate of the Magistrate Court of Grady County is authorized to impose a county law library fee upon all cases in such court as authorized and defined in Code Section 36-15-9 of the Official Code of Georgia Annotated, in addition to all other legal costs.

SECTION 2. The amount of the fee to be imposed shall be no greater than the sum authorized in Code Section 36-15-9 of the Official Code of Georgia Annotated and shall be in the same sum as that set by the chief judge of the Superior Court of Grady County.

SECTION 3. All of the provisions of Chapter 15 of Title 36 of the Official Code of Georgia Annotated shall apply to and govern the Magistrate Court of Grady County.

SECTION 4. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to authorize the imposition, collection, and disposition of the county law library fees as part of the court costs in the Magistrate Court of Grady County; to provide for practices and procedures connected therewith; 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, Darlene Taylor, who on oath deposes and says that she is the Representative from District 173 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cairo Messenger which is the official organ of Grady County on February 4, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DARLENE K. TAYLOR Darlene Taylor Representative, District 173

Sworn to and subscribed before me, this 9th day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 6, 2015.

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CITY OF STAPLETON MAYOR AND COUNCIL; TERMS OF OFFICE; AT-LARGE ELECTIONS.

No. 106 (House Bill No. 88).

AN ACT

To amend an Act creating a new charter for the City of Stapleton, approved March 30, 2000 (Ga. L. 2000, p. 3543), as amended, particularly by an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 743), so as to change the terms of office of the mayor and councilmembers; to provide for at-large elections; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a new charter for the City of Stapleton, approved March 30, 2000 (Ga. L. 2000, p. 3543), as amended, particularly by an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 743), is amended by striking Section 2.05 in its entirety and inserting in lieu thereof a new Section 2.05 to read as follows:

"SECTION 2.05. Election of the city council and mayor.

(a) On the Tuesday following the first Monday in November, 2016, an election shall be conducted by the municipal election superintendent at the same hours and places for general elections to elect three councilmembers. The three candidates for city council elected at that time to the councilmember positions held on January 1, 2015, by Kevin E. Prescott (Seat No. 1), Willie A. Moss (Seat No. 2), and Lisa M. Cranford (Seat No. 3) shall take office on January 1, 2017, and serve for terms expiring December 31, 2017, and until such city councilmembers' successors are elected and qualified as provided in subsection (c) of this section. (b) On the Tuesday following the first Monday in November, 2015, an election shall be conducted by the municipal election superintendent at the same hours and places for general elections to elect a mayor and two councilmembers. The mayor elected at that time shall take office on January 1, 2016, at the expiration of the term of office of the person serving as mayor on January 1, 2014, Paul Frank Parrish. The two candidates for city council elected at that time to the councilmember positions held on January 1, 2014, by Tara L. Parrish (Seat No. 4) and Jason V. Irby (Seat No. 5) shall take office on January 1, 2016. The mayor and city councilmembers elected in November, 2015, shall serve for terms expiring December 31, 2019, and until such mayor's and city

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councilmembers' successors are elected and qualified as provided in subsection (c) of this section. (c) Thereafter, the successors to the positions held by Prescott (Seat No. 1), Moss (Seat No. 2), and Cranford (Seat No. 3) shall be elected on the Tuesday following the first Monday in November 2017 and continuing every fourth year in odd-numbered years thereafter. Such successors shall take office on January 1 of the following year at the expiration of the then current terms of office. The successors to the positions held by Parrish (Mayor), Parrish (Seat No. 4), and Irby (Seat No. 5) shall be elected on the Tuesday following the first Monday in November 2019 and continuing every fourth year in odd-numbered years thereafter. Such successors shall take office on January 1 of the following year at the expiration of the then current terms of office. The mayor and all councilmembers elected as provided in this subsection shall serve for terms of office of four years each so that a continuing body is created. (d) Each councilmember and mayor shall be elected at large by the voters of the entire municipality."

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

INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend the City Charter (Ga. L. 2000, p. 3543) for the City of Stapleton, as amended, so as to amend Section 2.05 of the Charter concerning the election of the City Council and Mayor and to repeal conflicting laws; and for other purposes.
This 12th day of December, 2014.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Brian Prince, who on oath deposes and says that he is the Representative from District 127 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the The News and Farmer/The Jefferson Reporter which is the official organ of Jefferson County on December 18, 2014, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BRIAN PRINCE Brian Prince Representative, District 127

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Sworn to and subscribed before me, this 26th day of January 2015.

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

Approved May 6, 2015.

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SCHLEY COUNTY BOARD OF EDUCATION; REDISTRICTING.

No. 110 (House Bill No. 101).

AN ACT

To amend an Act providing for the Board of Education of Schley County, approved March 4, 1977 (Ga. L. 1977, p. 2955), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3822), so as to change the description of education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for the Board of Education of Schley County, approved March 4, 1977 (Ga. L. 1977, p. 2955), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3822), is amended by revising subsection (a) of Section 1 as follows:
"(a)(1) For purposes of electing members of the board of education other than the at-large member, the Schley County School District is divided into four education districts. One member of the board shall be elected from each such district. The four education districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as 'Plan Name: schleyccsb-2013 Plan Type: Local Administrator: Schley User: Gina'. The fifth member of the board shall be elected at large from the entire Schley County School District and such position shall be designated as Education District 5. (2) For the purposes of such plan:
(A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial

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census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (3) Any part of Schley County which is not included in any district described in paragraph (1) of this subsection shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (4) Any part of Schley County which is described in paragraph (1) of this subsection as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia."

SECTION 2. Education Districts 1, 2, 3, 4, and 5, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Education Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this Act.

SECTION 3. This Act shall become effective January 1, 2016.

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

Plan: schleyccsb-2013 Plan Type: Local Administrator: Schley User: Gina

District 001 Schley County

GEORGIA LAWS 2015 SESSION
VTD: 24901 - PRECINCT ONE 960100: 1010 1011 1012 1013 1014 1015 1016 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1029 1032 1035 1036 1037 1038 1039 1040 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2091 2093 2097 2098 2099 2100 2101 2102 2115 2116 2117 2119 2120 2121 2122 2123 2124 2125 960200: 1030 1031 1032 1035 1036 1037 1039 1051 1052
District 002 Schley County VTD: 24901 - PRECINCT ONE 960100: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1049 1057 1058 1059 2034 2035 2036 2037 2038 2039 2040 2041 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2092 2094 2095 2096 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2118
District 003 Schley County VTD: 24901 - PRECINCT ONE 960100: 1000 1041 1042 1043 1045 1046 1047 1048 1060 960200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1022 1059 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1146 1147 1148 1149 1150 1151 1153 1154 1155 1156 1157

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District 004 Schley County VTD: 24901 - PRECINCT ONE 960100: 1017 1028 1030 1031 1033 1034 1044 1050 1051 1052 1053 1054 1055 1056 960200: 1021 1023 1024 1025 1026 1027 1028 1029 1033 1034 1038 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1053 1054 1055 1056 1057 1058 1060 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1152

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2015 Session of the General Assembly of Georgia a bill to amend an Act providing for the Board of Education for the Schley County School District, approved March 4, 1977 (Georgia Laws 1977, p. 2955), as amended, particularly by an Act approved April 8, 2002 (Georgia Laws 2002, p. 3822) so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for effective dates; to repeal conflicting laws; and for other purposes.
This, the 3rd day of December, 2014.
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 Stewart Webster Journal Patriot Citizen which is the official organ of Schley County on January 1, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MIKE CHEOKAS Mike Cheokas Representative, District 138

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Sworn to and subscribed before me, this 26th day of January 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 6, 2015.

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SCHLEY COUNTY MAGISTRATE COURT; JUDGE OF PROBATE COURT SERVE AS CHIEF MAGISTRATE.

No. 111 (House Bill No. 102).

AN ACT

To provide that the judge of the Probate Court of Schley County shall also serve as the judge of the Magistrate Court of Schley County on and after January 1, 2017; to provide for the continuation in office and expiration of term of the current magistrate judge; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Pursuant to subsection (g) of Code Section 15-10-20 of the Official Code of Georgia Annotated, the judge of the Magistrate Court of Schley County shall not be separately elected for any term of office that begins on or after January 1, 2017, but on and after that date the judge of the Probate Court of Schley County shall serve as the judge of the Magistrate Court of Schley County. There shall be no election in 2016 or thereafter for the office of judge of the Magistrate Court of Schley County. The term of office of the judge serving as judge of the magistrate court shall be concurrent with such judge's term of office as the judge of the probate court.

SECTION 2. The judge of the Magistrate Court of Schley County who was serving as such on January 1, 2015, and any person selected to fill a vacancy in such office shall continue to serve as such judge for a term of office which shall expire on December 31, 2016, and during such time

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

period shall continue to receive the same salary such person was receiving for performing such 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 2015 session of the General Assembly of Georgia a bill to provide that the judge of the Probate Court of Schley County shall also serve as the judge of the Magistrate Court of Schley County on and after January 1, 2017; and for other purposes.
Representative Mike Cheokas District 138
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Cheokas, who on oath deposes and says that he is the Representative from District 138 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Stewart Webster Journal which is the official organ of Schley County on January 22, 2015, 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 27th day of January, 2015.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)
Approved May 6, 2015.

GEORGIA LAWS 2015 SESSION

3683

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

No. 114 (House Bill No. 125).

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 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

3684

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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, 2016.

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 2015 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:
"( ) 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, 2016. 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.

GEORGIA LAWS 2015 SESSION
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

3685

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to provide a homestead exemption from City of Rutledge ad valorem; and for other purposes.

Representative Dave Belton District 112

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dave Belton, 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 22, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DAVE BELTON Dave Belton Representative, District 112

Sworn to and subscribed before me, this 27th day of January, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 6, 2015.

__________

3686

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CITY OF BYRON HOTEL/MOTEL TAX.

No. 116 (House Bill No. 148).

AN ACT

To authorize the governing authority of the City of Byron 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 Byron is authorized to levy an excise tax at a rate not to exceed 6 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.

SECTION 2. The enactment of this Act is subsequent to the adoption of a resolution by the governing authority of the City of Byron authorizing an increase in the excise tax on October 13, 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 Byron:
(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 Byron; and (2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

GEORGIA LAWS 2015 SESSION
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

3687

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Byron to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; and for other purposes. Representative 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 Leader-Tribune which is the official organ of Peach County on January 21, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ ROBERT DICKEY Robert Dickey Representative, District 140

Sworn to and subscribed before me, this 28th day of January, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 6, 2015.

__________

3688

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CITY OF FLOWERY BRANCH CORPORATE BOUNDARIES.

No. 121 (House Bill No. 187).

AN ACT

To amend an Act providing a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. L. 1979, p. 3404), as amended, particularly by an Act approved April 11, 2012 (Ga. L. 2012, p. 5132), so as to provide the corporate boundaries of such city; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA

SECTION 1. An Act providing a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. L. 1979, p. 3404), as amended, particularly by an Act approved April 11, 2012 (Ga. L. 2012, p. 5132), is amended by revising subsection (a) of Section 1.2 as follows:
"(a) The corporate limits of the City of Flowery Branch shall be those existing on December 31, 2014, as further described by the following Hall County, Georgia Geographic Information System (GIS) parcel numbers: 08069001013; 08070001002; 08070001003; 08073000003A; 08073000003B; 08073000003D; 08073000004A; 08073000006; 08073000008; 08092000001; 08092000003; 08092000004; 08092000005; 08092000006 08092000007; 092000008; 092000009; 093000006; 093000007; 093000008; 08093000004; 08093000010; 08096000001; 08096000002; 08096000003; 08096000004; 08096000007; 08096000012; 08096000016; 08096000018; 08096000019; 08097000001A; 08097000003 08097000008; 08097000009; 08097000010; 08097000011; 08097000012; 08097000013; 08097000014; 08097000015; 08097000016; 08097000018; 08097000019; 08097000020; 08097000021; 08098000014; 08098000016; 08098001001; 08098001002; 08098001003; 08098001004; 08098001011; 08098001017; 08098001019; 08098001020; 08098001021; 08098001022; 08098001023; 08098001024; 08098001025; 08098A000001; 08098A000002; 08098A000003; 08098A000004; 08098A000005; 08098A000006; 08098A000007; 08098A000008; 08098A000009; 08098A000010; 08098A000011; 08098A000012; 08098A000013; 08098A000014; 08098A000015; 08098A000016; 08098A000017; 08098A000018; 08098A000019; 08098A000020; 08098A000021; 08098A000022; 08098A000023; 08098A000024; 08098A000025; 08098A000026; 08098A000027; 08098A000028; 08098A000029; 08098A000030; 08098A000031; 08098A000032; 08098A000033; 08098A000034; 08098A000035; 08098A000036; 08098A000037; 08098A000038; 08098A000039; 08098A000040; 08098A000041; 08098A000042; 08098A000043; 08098A000044; 08098A000045; 08098A000046; 08098A000047; 08098A000048; 08098A000049; 08098A000050; 08098A000051; 08098A000052;

GEORGIA LAWS 2015 SESSION

3689

08098A000053; 08098A000054; 08098A000055; 08098A000056; 08098A000057; 08098A000058; 08098A000059; 08098A000060; 08098A000061; 08098A000062; 08098A000063; 08098A000064; 08098A000065; 08098A000066; 08098A000067; 08098A000068; 08098A000069; 08098A000070; 08098A000071; 08098A000072; 08098A000073; 08098A000074; 08098A000075; 08098A000076; 08098A000077; 08098A000078; 08098A000079; 08098A000080; 08098A000081; 08098A000082; 08098A000083; 08098A000084; 08098A000085; 08098A000086; 08098A000087; 08098A000088; 08098A000089; 08098A000090; 08098A000091; 08098A000092; 08098A000093; 08098A000094; 08098A000095; 08098A000096; 08098A000097; 08098A000098; 08098A000099; 08098A000100; 08098A000101; 08098A000102; 08098A000103; 08098A000104; 08098A000105; 08098A000106; 08098A000107; 08098A000108; 08098A000109; 08098A000110; 08098A000111; 08098A000112; 08098A000113; 08098A000114; 08098A000115; 08098A000116; 08098A000117; 08098A000118; 08098A000119; 08098A000120; 08098A000121; 08098A000122; 08098A000123; 08098A000124; 08098A000125; 08098A000126; 08098A000127; 08098A000128; 08098A000129; 08098A000130; 08098A000131; 08098A000132; 08098A000133; 08098A000134; 08098A000135; 08098A000136; 08098A000137; 08098A000139; 08098A000140; 08098A000141; 08098A000142; 08098A000143; 08098A000144; 08098A000145; 08098A000146; 08098A000147; 08098A000148; 08098A000149; 08098A000150; 08098A000151; 08098A000152; 08098A000153; 08098A000154; 08098A000155; 08098A000156; 08098A000157; 08098A000158; 08098A000159; 08098A000160; 08098A000161; 08098A000162; 08098A000163; 08098A000164; 08098A000165; 08098A000166; 08098A000167; 08098A000168; 08098A000169; 08098A000170; 08098A000171; 08098A000172; 08098A000173; 08098A000174; 08098A000175; 08098A000176; 08098A000177; 08098A000178; 08098A000179; 08098A000180; 08098A000181; 08098A000182; 08098A000183; 08098A000184; 08098A000185; 08098A000186; 08098A000187; 08098A000188; 08098A000189; 08098A000190; 08098A000191; 08098A000192; 08098A000193; 08098A000194; 08098A000195; 08098A000196; 08098A000197; 08098A000198; 08098A000199; 08098A000200; 08098A000201; 08098A000202; 08098A000203; 08098A000204; 08098A000205; 08098A000206; 08099000003; 08099000004; 08099000006; 08099000007; 08099000008; 08099000009; 08099000010; 08099000011; 08099000012; 08099000013; 08099000014; 08099000015; 08099000016; 08099000017; 08099A000001; 08099A000002; 08099A000003; 08099A000004; 08099A000005; 08099A000006; 08099A000007; 08099A000008; 08099A000009; 08099A000010; 08099A000011; 08099A000012; 08099A000013; 08099A000014; 08099A000015; 08099A000016; 08099A000017; 08099A000018; 08099A000019; 08099A000020; 08099A000021; 08099A000022; 08099A000023; 08099A000024; 08099A000025; 08099A000026; 08099A000027; 08099A000028; 08099A000029; 08099A000030; 08099A000031; 08099A000032; 08099A000033; 08099A000034; 08099A000035; 08099A000036; 08099A000037; 08099A000038; 08099A000039; 08099A000040;

3690

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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GEORGIA LAWS 2015 SESSION

3691

08100001094; 08100001095; 08100A000001; 08100A000002; 08100A000003; 08100A000004; 08100A000005; 08100A000006; 08100A000007; 08100A000008; 08100A000009; 08100A000010; 08100A000011; 08100A000012; 08100A000013; 08100A000014; 08100A000015; 08100A000016; 08100A000017; 08100A000018; 08100A000019; 08100A000020; 08100A000021; 08100A000022; 08100A000023; 08100A000024; 08100A000025; 08100A000026; 08100A000027; 08100A000028; 08100A000029; 08100A000030; 08100A000031; 08100A000032; 08100A000033; 08100A000034; 08100A000035; 08100A000036; 08100A000037; 08100A000038; 08100A000039; 08100A000040; 08111003002; 08111003013; 08111003014; 08111003015; 08111003028; 08111003033; 08111003039; 08111005007; 08111005008; 08111005009; 08111005010; 08112001001; 08112002001; 08112002002; 08112002002A; 08112002003; 08112002004; 08112003001; 08112004001; 08112004002; 08112004003; 08112004004; 08112004005; 08112004006; 08112004006A; 08112005001; 08112005002; 08112005003; 08112005004; 08112006001; 08112006002; 08112007001; 08112007002; 08112007003; 08112008001; 08112008002; 08112008003; 08112008004; 08112008005; 08112008006; 08112008006A; 08112008007; 08112008008; 08112008009; 08112008009A; 08112008009B; 08112008010; 08112008011; 08112008012; 08112008013; 08112008014; 08112008015; 08112008017; 08112008018; 08112008019; 08112008020; 08112008021; 08112009001; 08112009002; 08112009003; 08112009003A; 08112009004; 08112009005; 08112009007; 08112009009; 08112009010; 08112009011; 08112009012; 08112009013; 08112009014; 08112009015; 08112009016; 08112009017; 08112009018; 08112009019; 08112009020; 08112009021; 08112009022; 08112009023; 08112009024; 08112009025; 08112009026; 08112009027; 08112009028; 08112009029; 08112009030; 08112009031; 08112009032; 08112009033; 08112009034; 08112009035; 08112009036; 08112009037; 08112009038; 08112009039; 08112009040; 08112009041; 08112009042; 08112009043; 08112009044; 08112009045; 08112009046; 08112009047; 08112009048; 08112009049; 08112009050; 08112009051; 08112009052; 08112009053; 08112009054; 08112009055; 08112009056; 08112009057; 08112009058; 08112009059; 08112010001; 08112010002; 08112011001; 08112011002; 08112012001; 08112012001A; 08112012002; 08112012003; 08112012004; 08112012005; 08112012006; 08112012006A; 08112012007; 08112012008; 08112013001; 08112013002; 08112013003; 08112013005; 08112013005A; 08112013006; 08112013007; 08112013008; 08112013009; 08112013010; 08112013011; 08112013012; 08112013012A; 08112013013; 08112013014; 08112013015; 08112013016; 08112013017; 08112013018; 08112013019; 08112013020; 08112013021; 08112013022; 08112014001; 08112014002; 08112014002A; 08112014003; 08112014003A; 08112014004; 08112014005; 08112014005A; 08112014006; 08112014007; 08112014008; 08112015001; 08112016001; 08112016002; 08112016003; 08112016004; 08112017001; 08112017002; 08112017003; 08112017003A; 08112018001; 08112018002; 08112018003; 08112018003A; 08112019001; 08112019001A; 08112019002; 08112019003; 08112019004; 08112019005; 08112019006; 08112019007; 08112019008; 08112020001; 08112020002; 08112020002A; 08112020003; 08112020004;

3692

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

08112021001; 08112021002; 08112022001; 08112022002; 08112023001; 08112024002; 08112024002A; 08112024003; 08112024004; 08112024005; 08112025001; 08112025002; 08112025002A; 08112025003; 08112025004; 08112025005; 08112025006; 08112025007; 08112025008; 08112025009; 08112025010; 08112026001; 08112026002; 08112026003; 08112026004; 08112026005; 08112026006; 08112027001; 08112027002; 08112027003; 08112027007; 08112027008; 08112027010; 08112027011; 08112027012; 08112027015; 08112027016; 08112027017A; 08112027017B; 08112027017C; 08112027017D; 08112027018; 08112027019; 08112027020; 08112027020A; 08112027021; 08112027022; 08112027022A; 08112027023A; 08112027024; 08112027025; 08112027026; 08112027027; 08112027028A; 08112027028B; 08112027028C; 08112027028D; 08112027030; 08112027031; 08112027032; 08112027033; 08112027034; 08112027036; 08112027036A; 08112027037; 08112027039; 08112027040; 08112027041; 08112027042; 08112027043; 08112028001; 08112028002; 08112028003; 08112028004; 08112028005; 08112028006; 08112028007; 08112028008; 08112028009; 08112028010; 08112028011; 08112028012; 08112028013; 0811028014; 08112A001001; 08112A001002; 08112A001003; 08112A001004; 08112A001005; 08112A001006; 08112A001006A; 08112A001006B; 08112A001007; 08112A001008; 08112A002001; 08112A002002; 08112A002003; 08112A002004; 08112A002005; 08112A002006; 08112A002007; 08112A002007A; 08112A002008; 08112A002009; 08112A002010; 08112A002011; 08112A002012; 08112A002013; 08113001001; 08113001002; 08113001003; 08113001004; 08113001005; 08113001006; 08113001008; 08113001009; 08113001010; 08113001011; 08113001012; 08113001013; 08113001014; 08113001015; 08113001016; 08113001017; 08113001018; 08113001019; 08113001020; 08113001021; 08113001022; 08113001023; 08113001024; 08113001025; 08113001026; 08113001027; 08113001028; 08113001029; 08113001030; 08113001031; 08113001032; 08113001033; 08113001034; 08113001035; 08113001036; 08113001037; 08113001038; 08113001039; 08113001040; 08113001041; 08113001042; 08113001043; 08113001044; 08113001045; 08113001046; 08113001047; 08113001048; 08113001049; 08113001050; 08113001051; 08113001052; 08113001053; 08113001054; 08113001055; 08113001056; 08113001057; 08113001058; 08113001059; 08113001060; 08113001061; 08113001062; 08113001063; 08113001064; 08113001065; 08113001066; 08113001067; 08113001068; 08113001069; 08113001070; 08113001071; 08113001072; 08113001073; 08113001074; 08113001075; 08113001076; 08113001077; 08113001078; 08113001079; 08113001080; 08113001081; 08113001082; 08113001083; 08113001084; 08113001085; 08113001086; 08113001087; 08113001088; 08113001089; 08113001090; 08113001091; 08113001092; 08113001093; 08113001094; 08113001095; 08113001103; 08113002002; 08113002003; 08113002004; 08113002005; 08113002006; 08113002007; 08113002008; 08113002009; 08113002010; 08113002011; 08113002012; 08113002013; 08113002013A; 08113002014; 08113002015; 08113002017; 08113002018; 08113002019; 08113002020; 08113002021; 08113002022; 08113002023; 08113002024; 08113002025; 08113002026; 08113002027; 08113002028; 08113002029; 08113002030; 08113002031; 08113002032; 08113002033; 08113002034; 08113002035;

GEORGIA LAWS 2015 SESSION

3693

08113002036; 08113002037; 08113002038; 08113002039; 08113002040; 08113002041; 08113002042; 08113002043; 08113002044; 08113002045; 08113002046; 08113002047; 08113002048; 08113002049; 08113002050; 08113002051; 08113002052; 08113002053; 08113002054; 08113002055; 08113002056; 08113002057; 08113002058; 08113002059; 08113002060; 08113002061; 08113002062; 08113002063; 08113002064; 08113002065; 08113002066; 08113002067; 08113002069; 08113002070; 08113002071; 08113002072; 08113002073; 08113002076; 08113002078; 08113002079; 08113002080; 08113002081; 08113002082; 08113002083; 08113002084; 08113002085; 08113002086; 08113002087; 08113003001; 08113004001; 08113004002; 08113004003; 08113004004; 08113004005; 08113004006; 08113004007; 08113004008; 08114001002; 08114001003; 08114001004; 08114002003; 08114002020; 08114002025; 08114002025A; 08114002027; 08114002029; 08114002030; 08114002031; 08114004004; 08114004005; 08114004009; 08114004012; 08114004013; 08116000015; 08116000016; 08116000017; 08116000018; 08116000019; 08116000020; 08116000021; 08116000022; 08116000023; 08117001001; 08117001002; 08117001003; 08117001004; 08117001005; 08117001006; 08117001007; 08117001008; 08117001009; 08117001010; 08117001011; 08117001012; 08117001013; 08117001014; 08117001015; 08117001016; 08117001017; 08117001018; 08117001019; 08117001020; 08117001021; 08117001022; 08117001023; 08117001024; 08117001025; 08117001026; 08117001027; 08117001028; 08117001029; 08117001030; 08117001031; 08117001032; 08117001033; 08117001034; 08117001035; 08117001036; 08117001037; 08117002001; 08117002006; 08117002007; 08117002008; 08117002008A; 08117002009; 08117002010; 08117002011; 08117002012; 08117002013; 08117002015; 08117002016A; 08117002016C; 08117002016D; 08117002059; 08117002061; 08117002061B; 08117005002; 08117005003; 08117005005; 08117005006; 08118001001; 08118001001A; 08118001002; 08118001002C; 08118001002D; 08118001002E; 08118001002F; 08118001004; 08118001004A; 08118001006; 08118001008; 08118001009; 08118001011; 08118001012; 08118001015; 08118001019; 08118001020; 08118001021; 08118002001; 08118002002; 08118002002A; 08118002002B; 08118002003; 08118002005; 08118002006; 08118002007; 08118002008; 08118002009; 08118002010; 08118002011; 08118002012; 08118002013; 08118003001; 08118003002; 08118003003; 08118003004; 08118003005; 08118004001; 08118004004; 08118004005; 08118004006; 08118004007; 08118004008; 08118004009; 08118004010; 08118004011; 08118004012; 08118004013; 08118004014; 08118005001; 08118005001A; 08118005002; 08118005003; 08118005004; 08118005005; 08118005006; 08118005007; 08118005008; 08118005009; 08118005010; 08118005012; 08118006001; 08118006002A; 08118006002B; 08118006003; 08118006003A; 08118006003B; 08118006003C; 08118006004; 08118006004A; 08118006005; 08118006006; 08118006007; 08118006008; 08118006009; 08118007001; 08118007002A; 08118007002B; 08118007003; 0811800700; 08118007005; 08118007006; 08118007007; 08118007008; 08118007009; 08118007010; 08118007011; 08118007012; 08118007013; 08118007014; 08118007015; 08118007016; 08118007017; 08118007018; 08118008002; 08118008003; 08118008004; 08118008005; 08118008005A;

3694

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

08118008006; 08118008008; 08118008009; 08118008010; 08118008011; 08118008012; 08118008013; 08118008014; 08118A000001; 08118A000002; 08118A000003; 08118A000004; 08118A000005; 08118A000006; 08118A000007; 08118A000008; 08118A000009; 08118A000010; 08118A000011; 08118A000012; 08118A000013; 08118A000014; 08118A000015; 08118A000016; 08118A000017; 08118A000018; 08118A000019; 08118A000020; 08118A000021; 08118A000022; 08118A000023; 08118A000024; 08118A000025; 08118A000026; 08118A000027; 08118A000028; 08118A000029; 08118A000030; 08118A000031; 08118A000032; 08118A000033; 08118A000034; 08118A000035; 08118A000036; 08118A000037; 08118A000038; 08118A000039; 08118A000040; 08118A000041; 08118A000042; 08118A000043; 08118A000044; 08118A000045; 08118A000046; 08118A000047; 08118A000048; 08118A000049; 08118A000050; 08118A000051; 08118A000052; 08118A000053; 08118A000054; 08118A000055; 08118A000056; 08118A000057; 08118A000058; 08118A000059; 08118A000060; 08118A000061; 08118A000062; 08118A000063; 08118A000064; 08118B000001; 08118B000002; 08118B000003; 08118B000004; 08118B000005; 08118B000006; 08118B000007; 08118B000008; 08118B000009; 08118B000010; 08118B000011; 08118B000012; 08118B000013; 08118B000014; 08118B000015; 08118B000016; 08118B000017; 08118B000018; 08118B000019; 08118B000020; 08118B000021; 08118B000022; 08118B000023; 08118B000024; 08118B000025; 08118B000026; 08118B000027; 08118B000028; 08118B000029; 08118B000030; 08118B000031; 08118B000032; 08118B000033; 08118B000034; 08118B000037; 08118B000038; 08118B000039; 08118B000040; 08118B000041; 08118B000042; 08118B000043; 08118B000044; 08118B000045; 08118B000046; 08118B000047; 08118B000048; 08118B000049; 08118B000050; 08118B000051; 08118B000052; 08118B000053; 08118B000054; 08118B000055; 08118B000056; 08118B000057; 08118B000058; 08118B000059; 08118B000060; 08118B000061; 08118B000062; 08118B000063; 08118B000064; 08118B000065; 08118B000066; 08118B000067; 08118B000068; 08118B000070; 08118B000071; 08118B000072; 08118B000073; 08118B000074; 08118B000075; 08118B000076; 08118B000078; 08118B000079; 08118B000080; 08118B000081; 08118B000082; 08118B000083; 08118B000084; 08118B000085; 08118B000086; 08118B000087; 08118B000088; 08118B000089; 08118B000090; 08118B000091; 08118B000092; 08118B000093; 08118B000094; 08118B000095; 08118B000096; 08118B000097; 08118B000098; 08118B000099; 08118B000100; 08118B000101; 08118B000102; 08118B000103; 08118B000104; 08118B000105; 08118B000106; 08118B000107; 08118B000108; 08118B000109; 08118B000110; 08118B000111; 08118B000112; 08118B000113; 08118B000114; 08118B000115; 08118B000116; 08118B000117; 08118B000118; 08118B000119; 08118B000120; 08118B000121; 08118B000122; 08118B000123; 08118B000124; 08118B000125; 08118B000126; 08118B000127; 08118B000128; 08118B000129; 08118B000130; 08118B000131; 08118B000132; 08118B000133; 08118B000134; 08118B000135; 08118B000136; 08118B000137; 08118B000138;

GEORGIA LAWS 2015 SESSION

3695

08118B000139; 08118B000140; 08118B000141; 08118B000142; 08118B000143; 08118B000144; 08118B000145; 08118B000146; 08118B000147; 08118B000148; 08118B000149; 08118B000150; 08118B000151; 08118B000152; 08118B000153; 08118B000154; 08118B000155; 08118B000156; 08118B000157; 08118B000158; 08118B000159; 08118B000160; 08118B000161; 08118B000162; 08118B000163; 08118B000164; 08118B000165; 08118B000166; 08118B000167; 08118B000168; 08118B000169; 08118B000170; 08118B000171; 08118B000172; 08118B000173; 08118B000174; 08118B000175; 08118B000176; 08118B000177; 08118B000178; 08118B000179; 08118B000180; 08118B000181; 08118B000182; 08118B000183; 08118B000184; 08118B000185; 08118B000186; 08119000207; 08119000215; 08119000216; 08132000026; 08132000097; 08134000002; 08134000005; 08140000092; 08140000118; 08140000215; 08150002001; 15044000039A; 15044000039B; 15044000073; 15044000075; 15044000135; 15044A002001; 15044A002022; 15044A002023; 15044A002024; 15046000009; 15046000009B; 15046000009C; 15046000028; 15046000034; 15046000035; 15046000039; 15046000069; 15046000071; 15046000111; 15046000122; 1504600123; 15046000135; 15046000145; 15046000146; 15046000147; 15047000001; 15047000003; 15047000005; 15047000007; 15047000019A; 15047000022; 15047000041; 15047000098; 15047000101; 15047000104; 15047000105; 15047000106; 15047000107; 15047000108; 15047000109; 15047000110; 15047000111; 15047000112; 15047000113; 15047000114; 15047000115; 15047000116; 15047000117; 15047000119; 15047000120; 15047000121; 15047000122; 15047000123; 15047000124; 15047000125; 15047000126; 15047000127; 15047000128; 15047000129; 15047000130; 15047000131; 15047000132; 15047000133; 15047000134; 15047000135; 15047000136; 15047000137; 15047000138; 15047000139; 15047000140; 15047000141; 15047000142; 15047000143; 15047000144; 15047000145; 15047000146; 15047000147; 15047000148; 15047000149; 15047000150; 15047000151; 15047000152; 15047000153; 15047000154; 15047000155; 15047000156; 15047000157; 15047000158; 15047000159; 15047000160; 15047000161; 15047000162; 15047000163; 15047000164; 15047000165; 15047000166; 15047000167; 15047000168; 15047000169; 15047000170; 15047000171; 15047000172; 15047000173; 15047000174; 15047000175; 15047000176; 15047000177; 15047000178; 15047000179; 15047000180; 15047000181; 15047000182; 15047000183; 15047000184; 15047000185; 15047000186; 15047000187; 15047000188; 15047000189; 15047000190; 15047000191; 15047000192; 15047000193; 15047000194; 15047000195; 15047000196; 15047000197; 15047000198; 15047000199; 15047000200; 15047000201; 15047000202; 15047000203; 15047000204; 15047000205; 15047000206; 15047000207; 15047000208; 15047000209; 15047000210; 15047000211; 15047000212; 15047000213; 15047000214; 15047000215; 15047000216; 15047000217; 15047000218; 15047000219; 15047000220; 15047000221; 15047000222; 15047000223; 15047000224; 15047000225; 15047000226; 15047000227; 15047000228; 15047000229; 15047000230; 15047000231; 15047000232; 15047000233; 15047000234; 15047000235; 15047000236; 15047000237; 15047000238; 15047000239; 15047000240; 15047000241; 15047000242; 15047000243; 15047000244;

3696

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

15047000245; 15047000246; 15047000247; 15047000248; 15047000249; 15047000250; 15047000251; 15047000252; 15047000253; 15047000254; 15047000255; 15047000256; 15047000257; 15047000258; 15047000259; 15047000260; 15047000261; 15047000262; 15047000263; 15047000264; 15047000265; 15047000266; 15047000267; 15047000268; 15047000269; 15047000270; 15047000271; 15047000272; 15047000273; 15047000274; 15047000275; 15047000276; 15047000277; 15047000278; 15047000279; 15047000280; 15047000281; 15047000282; 15047000283; 15047000284; 15047000285; 15047000286; 15047000287; 15047000288; 15047000289; 15047000290; 15047000291; 15047000292; 15047000293; 15047000294; 15047000295; 15047000296; 15047000297; 15047000298; 15047000299; 15047000300; 15047000301; 15047000302; 15047000303; 15047000304; 15047000305; 15047000306; 15047000307; 15047000308; 15047000309; 15047000310; 15047000311; 15047000312; 15047000313; 15047000314; 15047000315; 15047000316; 15047000317; 15047000318; 15047000319; 15047000320; 15047000321; 15047000322; 15047000323; 15047000324; 15047000363; 15047000364; 15047000365; 15047000366; 15047000367; 15047000368; 15047000369; 15047000370; 15047000371; 15047000372; 15047000373; 15047000374; 15047000375; 15047000376; 15047000377; 15047000378; 15047000379; 15047000380; 15047000381; 15047000382; 15047000383; 15047000384; 15047000385; 15047000386; 15047000387; 15047000388; 15047000389; 15047000390; 15047000391; 15047000392; 15047000393; 15047000394; 15047000395; 15047000396; 15047000397; 15047000398; 15047000399; 15047000400; 15047000401; 15047000402; 15047000403; 15047000404; 15047000405; 15047000406; 15047000407; 15047000408; 15047000409; 15047000410; 15047000411; 15047000412; 15047000413; 15047000414; 15047000415; 15047000416; 15047000417; 15047000418; 15047000419; 15047000420; 15047000421; 15047000422; 15047000423; 15047000424; 15047000425; 15047000426; 15047000427; 15047000428; 15047000429; 15047000430; 15047000431; 15047000433; 15047000434; 15047000435; 15047000436; 15047000437; 15047000438; 15047000439; 15047000440; 15047000441; 15047000442; 15047000443; 15047000444; 15047000445; 15047000446; 15047000447; 15047000448; 15047000449; 15047000450; 15047000451; 15047000452; 15047000453; 15047000454; 15047000455; 15047000456; 15047000457; 15047000458; 15047000459; 15047000460; 15047000461; 15047000462; 15047000463; 15047000464; 15047000465; 15047000466; 15047000467; 15047000468; 15047000469; 15047000470; 15047000471; 15047000472; 15047000473; 15047000474; 15047000475; 15047000476; 15047000477; 15047000478; 15047000479; 15047000480; 15047000481; 15047000482; 15047000483; 15047000484; 15047000485; 15047000486; 15047000487; 15047000488; 15047000489; 15047000490; 15047000491; 15047000492; 15047000493; 15047000494; 15047000495; 15047000496; 15047000497; 15047000498; 15047000499; 15047000500; 15047000501; 15047000502; 15047000503; 15047000504; 15047000505; 15047000506; 15047000507; 15047000508; 15047000509; 15047000510; 15047000511; 15047000512; 15047000513; 15047000514; 15047000515; 15047000516; 15047000517; 15047000518; 15047000519; 15047000520; 15047000521; 15047000522; 15047000523; 15047000524; 15047000525; 15047000526; 15047000527; 15047000528; 15047000529;

GEORGIA LAWS 2015 SESSION

3697

15047000530; 15047000531; 15047000532; 15047000533; 15047000534; 15047000535; 15047000536; 15047000537; 15047000538; 15047000539; 15047000540; 15047000541; 1047000542; 15047000543; 15047000544; 15047000545; 15047000546; 15047000547; 15047000548; 15047000549; 15047000550; 15047000551; 15047000552; 15047000553; 15047000554; 15047000555; 15047000556; 15047000557; 15047000558; 15047000559; 15047000560; 15047000561; 15047000562; 15047000563; 15047000564; 15047000565; 15047000566; 15047000567; 15047000568; 15047000569; 15047000570; 15047000571; 15047000572; 15047000573; 15047000574; 15047000575; 15047000576; 15047000577; 15047000578; 15047000579; 15047000580; 15047000581; 15047000582; 15047000583; 15047000584; 15047000585; 15047000586; 15047000587; 15047000588; 15047000589; 15047000590; 15047000591; 15047000592; 15047000593; 15047000594; 15047000595; 15047000596; 15047000597; 15047000598; 15047000599; 15047000600; 15047000601; 15047000602; 15047000603; 15047000604; 15047000605; 15047000606; 15047000607; 15047000608; 15047000609; 15047000610; 15047000611; 15047000612; 15047000613; 15047000614; 15047000615; 15047000616; 15047000617; 15047000618; 15047000619; 15047000620; 15047000621; 15047000622; 15047000623; 15047000624; 15047000625; 15047000626; 15047000627; 15047000628; 15047000629; 15047000630; 15047000631; 15047000632; 15047000633; 15047000634; 15047000635; 15047000636; 15047000637; 15047000638; 15047000639; 15047000640; 15047000641; 15047000642; 15047000643; 15047000644; 15047000645; 15047000646; 15047000647; 15047000648; 15047000649; 15047000650; 15047000651; 15047000652; 15047000653; 15047000654; 15047000655; 15047000656; 15047000657; 15047000658; 15047000659; 15047000660; 15047000661; 15047000662; 15047000663; 15047000664; 15047000665; 15047000666; 15047000667; 15047000668; 15047000669; 15047000670; 15047000671; 15047000672; 15047000673; 15047000674; 15047000675; 15047000676; 15047000677; 15047000678; 15047000679; 15047000680; 15047000681; 15047000682; 15047000683; 15047000684; 15047000701; 15047000703; 15047000704; 15047000705; 15047000706; 15047000707; 15047000708; 15047000709; 15047000710; 15047000711; 15047000726; 15047000727; 15047000728; 15047000729; 15047000730; 15047000731; 15047000732; 15047000733; 15047000734; 15047000735; 15047000736; 15047000737; 15047000749; 15047000750; 15047000751; 15047000752; 15047000753; 15047000754; 15047000755; 15047000756; 15047000757; 15047000758; 15047000759; 15047000760; 15047000885; 15047000886; 15047C000001; 15047C000002; 15047C000003; 15047C000004; 15047C000005; 15047C000006; 15047C000007; 15047C000008; 15047C000009; 15047C000010; 15047C000011; 15047C000012; 15047C000013; 15047C000014; 15047C000015; 15047C000016; 15047C000017; 15047C000018; 15047C000019; 15047C000020; 15047C000021; 15047C000022; 15047C000023; 15047C000025; 15047C000026; 15047C000027; 15047C000028; 15047C000029; 15047C000030; 15047C000031; 15047C000032; 15047C000033; 15047C000034; 15047C000035; 15047C000036; 15047C000037; 15047C000038; 15047C000039; 15047C000040; 15047C000041; 15047C000042; 15047C000043; 15047C000044; 15047C000045; 15047C000046; 15047C000047;

3698

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

15047C000048; 15047C000049; 15047C000050; 15047C000051; 15047C000052; 15047C000053; 15047D000001; 15047D000002; 15047D000003; 15047D000004; 15047D000005; 15047D000006; 15047D000007; 15047D000008; 15047D000009; 15047D000010; 15047D000011; 15047D000012; 15047D000013; 15047D000014; 15047D000015; 15047D000016; 15047D000017; 15047D000018; 15047D000019; 15047D000020; 15047D000021; 15047D000022; 15047D000023; 15047D000024; 15047D000025; 15047D000026; 15047D000027; 15047D000028; 15047D000029; 15047D000030; 15047D000031; 15047D000032; 15047D000033; 15047D000034; 15047D000035; 15047D000036; 15047D000037; 15047D000038; 15047D000039; 15047D000040; 15047D000041; 15047D000042; 15047D000043; 15047D000044; 15047D000045; 15047D000046; 15047D000047; 15047D000048; 15047D000049; 15047D000050; 15047D000051; 15047D000052; 15047E000001; 15047E000002; 15047E000003; 15047E000004; 15047E000005; 15047E000006; 15047E000007; 15047E000008; 15047E000009; 15047E000010; 15047E000011; 15047E000012; 15047E000013; 15047E000014; 15047E000015; 15047E000016; 15047E000017; 15047E000018; 15047E000019; 15047E000020; 15047E000021; 15047E000022; 15047E000023; 15047E000024; 15047E000025; 15047E000026; 15047E000027; 15047E000028; 15047E000029; 15047E000030; 15047E000031; 15047E000032; 15047E000033; 15047E000034; 15047E000035; 15047E000036; 15047E000037; 15047E000038; 15047E000039; 15047E000040; 15047E000041; 15047E000042; 15047E000043; 15047E000044; 15047E000045; 15047E000046; 15047E000047; 15047E000048; 15047E000049; 15047E000050; 15047E000051; 15047E000052; 15047E000053; 15047E000054; 15047E000055; 15047E000056; 15047E000057; 15047E000058; 15047E000059; 15047E000060; 15047E000061; 15047E000062; 15047E000063; 15047E000064; 15047E000065; 15047E000066; 15047E000067; 15047E000068; 15047E000069; 15047E000070; 15047E000071; 15047E000072; 15047E000073; 15047E000074; 15047E000075; 15047E000076; 15047E000077; 15047E000078; 15047E000079; 15047E000080; 15047E000081; 15047E000082; 15047E000083; 15047E000084; 15047E000085; 15047E000086; 15047E000087; 15047E000088; 15047E000089; 15047E000090; 15047E000091; 15047E000092; 15047E000093; 15047E000094; 15047E000095; 15047E000096; 15047E000097; 15047E000098; 15047E000099; 15047E000100; 15047E000101; 15047E000102; 15047E000103; 15047E000104; 15047E000105; 15047E000106; 15047E000107; 15047E000108; 15047E000109; 15047E000110; 15047E000111; 15047E000112; 15047E000113; 15047E000114; 15047E000115; 15047E000116; 15047E000117; 15047E000118; 15047E000119; 15047E000120; 15047E000121; 15047E000122; 15047E000123; 15047E000124; 15047E000125; 15047E000126; 15047E000127; 15047E000128; 15047E000129; 15047E000130; 15047E000131; 15047E000132; 15047E000133; 15047E000134; 15047E000135; 15047E000136; 15047E000137; 15047E000138; 15047E000139; 15047E000140; 15047E000141; 15047E000142; 15047E000143; 15047E000144; 15047E000145; 15047E000146; 15047E000147;

GEORGIA LAWS 2015 SESSION

3699

15047E000148; 15047E000149; 15047E000150; 15047E000151; 15047E000152; 15047E000153; 15047E000154; 15047E000155; 15047E000156; 15047E000157; 15047E000158; 15047E000159; 15047E000160; 15047E000161; 15047E000162; 15047E000163; 15047E000164; 15047E000165; 15047E000166; 15047E000167; 15047E000168; 15047E000169; 15047E000170; 15047F000001; 15047F000002; 15047F000003; 15047F000004; 15047F000005; 15047F000006; 15047F000007; 15047F000008; 15047F000009; 15047F000010; 15047F000011; 15047F000012; 15047F000013; 15047F000014; 15047F000015; 15047F000016; 15047F000017; 15047F000018; 15047F000019; 15047F000020; 15047F000021; 15047F000022; 15047F000023; 15047F000024; 15047F000025; 15047F000026; 15047F000027; 15047F000028; 15047F000029; 15047F000030; 15047F000031; 15047F000032; 15047F000033; 15047F000034; 15047F000035; 15047F000036; 15047F000037; 15047F000038; 15047F000039; 15047F000040; 15047F000041; 15047F000042; 15047F000043; 15047F000044; 15047F000045; 15047F000046; 15047G000001; 15047G000002; 15047G000003; 15047G000004; 15047G000005; 15047G000006; 15047G000007; 15047G000008; 15047G000009; 15047G000010; 15047G000011; 15047G000012; 15047G000013; 15047G000014; 15047G000015; 15047G000016; 15047G000017; 15047G000018; 15047G000019; 15047G000020; 15047G000021; 15047G000022; 15047G000023; 15047G000024; 15047G000025; 15047G000026; 15047G000027; 15047G000028; 15047G000029; 15047G000030; 15047G000031; 15047G000032; 15047G000033; 15047G000034; 15047G000035; 15047G000036; 15047G000037; 15047G000038; 15047G000039; 15047G000040; 15047G000041; 15047G000042; 15047G000043; 15047G000044; 15047G000045; 15047G000046; 15047G000047; 15047G000048; 15047G000049; 15047G000050; 15047G000051; 15047G000052; 15047G000053; 15047G000054; 15047G000055; 15047G000056; 15047G000057; 15047G000058; 15047G000059; 15047G000060; 15047G000061; 15047G000062; 15047G000063; 15047H000001; 15047H000002; 15047H000003; 15047H000004; 15047H000005; 15047H000006; 15047H000007; 15047H000008; 15047H000009; 15047H000010; 15047H000011; 15047H000012; 15047H000013; 15047H000014; 15047H000015; 15047H000016; 15047H000017; 15047H000018; 15047H000019; 15047H000020; 15047H000021; 15047H000022; 15047H000023; 15047H000024; 15047H000025; 15047H000026; 15047H000027; 15047H000028; 15047H000029; 15047H000030; 15047H000031; 15047H000032; 15047H000033; 15047H000034; 15047H000035; 15047H000036; 15047H000037; 15047H000038; 15047H000039; 15047H000040; 15047H000041; 15047H000042; 15047H000043; 15047H000044; 15047H000045; 15047H000046; 15047H000047; 15047H000048; 15047H000049; 15047H000050; 15048000014; 15048000014A; 15048000018; 15048000019; 1504800019D; 15048000021; 15048000021X; 15048000036; 15048000038; 15048000038A; 15048000038B; 15048000039; 15048000039B; 15048000149; 15048000167; 15048000176; 15048000177; 15048000178; 15048000184; 15048000186; 15048000189; and, 15048000192."

3700

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 2015 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. L. 1979, p. 3404), as amended, particularly by an Act approved April 11, 2012 (Ga. L. 2012, p. 5132); and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory Dunahoo, who on oath deposes and says that he is the Representative from District 30 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gainesville Times which is the official organ of Hall County on January 27, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ EMORY DUNAHOO Emory Dunahoo Representative, District 30

Sworn to and subscribed before me, this 2nd day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 6, 2015.

__________

GEORGIA LAWS 2015 SESSION

3701

LANIER COUNTY BOARD OF COMMISSIONERS; REDISTRICTING.

No. 122 (House Bill No. 188).

AN ACT

To amend an Act creating a board of commissioners for Lanier County, approved March 7, 1933 (Ga. L. 1933, p. 602), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3768), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for the manner of election; 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 creating a board of commissioners for Lanier County, approved March 7, 1933 (Ga. L. 1933, p. 602), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3768), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:

"SECTION 1. (a) The Board of Commissioners of Lanier County shall be composed of five members. Except for the chairperson, the members of the board shall be residents of the commissioner districts they represent and shall be elected by the qualified electors voting within their respective commissioner districts. The chairperson shall be a resident of Lanier County and shall be elected by the qualified voters of the entire county. (b) For the purpose of electing four members of the board from commissioner districts, Lanier County shall be divided into four commissioner districts. One member of the board shall be elected from each such district. Those 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: lanierccsb-2015 Plan Type: Local Administrator: Lanier User: Gina'.
(c)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a 'VTD' heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical

3702

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (2) Any part of Lanier 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 Lanier County which is described in subsection (b) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia."

SECTION 2. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:

"SECTION 3. (a) In the event that any member elected from a district ceases to be a resident of his or her respective commissioner district during his or her term of office, a vacancy shall be created and shall be filled in the manner provided in Section 18 of this Act. In all elections conducted pursuant to this Act, each candidate shall designate, at the time of qualifying, the district or chairperson post for which he or she offers as a candidate. All members shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended. (b) The members of the board who were elected at the general election in November, 2012, shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this section. The members of the board who were elected at the general election in November, 2014, shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this section. (c) The first members of the reconstituted Board of Commissioners of Lanier County from Commissioner Districts 1 and 2 shall be elected in the state-wide general election in November, 2018. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (d) The first members of the reconstituted Board of Commissioners of Lanier County from Commissioner Districts 3 and 4 shall be elected in the state-wide general election in November, 2016. Such members shall take office on January 1 following their election for a term of four years and until their successors are elected and qualified. (e) The first chairperson of the reconstituted Board of Commissioners of Lanier County shall be elected by all of the qualified voters of Lanier County voting in the state-wide

GEORGIA LAWS 2015 SESSION

3703

general election in November, 2016. Such chairperson shall take office on January 1 following his or her election for a term of four years and until his or her successor is elected and qualified. (f) Successors to members elected under subsections (c), (d), and (e) of this section shall be elected at the state-wide general election next preceding the expiration of such terms of office and shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (g) 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 section."

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

Plan: lanierccsb-2015 Plan Type: Local Administrator: Lanier User: Gina

District 001 Lanier County VTD: 1731 - LAKELAND 950200: 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2061 2062 2063 2064 2065 2066 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 2113 2114 3000 3001 3002 3003 3004 3005 3006 3007 3018 3019 3020 3021 3022 3023 3024 3025 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064

3704

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

District 002 Lanier County VTD: 1731 - LAKELAND 950200: 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1034 1035 1036 1037 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1066 1068 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1090 1091 1092 1093 1094 1095 1096 1099 1100 1101 1102 1103 1104 1105 1107 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3026 3027 3028 3029 3030 3031 3032 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4030 4037 4039 4040

District 003 Lanier County VTD: 1731 - LAKELAND 950200: 4000 4001 4002 4003 4004 4005 4006 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4031 4032 4033 4034 4035 4036 4038 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 5000 5001 5002 5003 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 5067 5068 5069 5070 5071 5072 5073 5074 5075 5076 5077 5078 5079 5080 5081 5082 5083 5084 5085 5086 5087 5088 5089 5090 5091 5093 5094 5095 5096 5097 5098 5099 5100 5101 5102

District 004 Lanier County VTD: 1731 - LAKELAND 950100: 1089 2018 2046 2049 2050 950200: 1000 1001 1002 1003 1004 1032 1033 1038 1039 1040 1041 1042

GEORGIA LAWS 2015 SESSION
1043 1044 1061 1062 1063 1064 1065 1067 1069 1070 1087 1088 1089 1097 1098 1106 1108 1109 2000 2001 2002 2003 2004 2060 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2112 5004 5005 5006 5007 5008 5009 5010 5028 5029 5030 5092 5103 5104 VTD: 1732 - SIRMANS VTD: 1733 - STOCKTON

3705

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend and Act creating a board of commissioners for Lanier County, approved March 7, 1933 (Ga. L. 1933, p. 602), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3768), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for the manner of election; to provide for the continuation in office of current members; to provide for related matters; and for other purposes.
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 Advocate which is the official organ of Lanier County on January 21, 2015, 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 2nd day of February, 2015.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia

3706

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

My Commission Expires December 29, 2018 (SEAL)

Approved May 6, 2015.

__________

LANIER COUNTY BOARD OF EDUCATION; REDISTRICTING.

No. 123 (House Bill No. 189).

AN ACT

To amend an Act creating a new Board of Education of Lanier County, approved March 13, 1970 (Ga. L. 1970, p. 2709), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3763), so as to revise the education districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for terms and 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 creating a new Board of Education of Lanier County, approved March 13, 1970 (Ga. L. 1970, p. 2709), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3763), is amended by revising Section 2 as follows:

"SECTION 2. (a) Those members of the Board of Education of Lanier County who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such offices shall continue to serve as such members for the remainder of the terms of office to which they were elected and until their successors are elected and qualified. (b) For the purpose of electing members of the Board of Education of Lanier County, Lanier County shall be divided into four education districts. One member of the board shall be elected from each such district. Those 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: lanierccsb-2015 Plan Type: Local Administrator: Lanier User: Gina'.
(c)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a 'VTD' heading shall mean and describe individual

GEORGIA LAWS 2015 SESSION

3707

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 Lanier 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 Lanier 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. (d) The members of the board of education who were elected at the general election in November, 2012, shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this section. The members of the board of education who were elected at the general election in November, 2014, shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this section. (e) The first members of the reconstituted Board of Education of Lanier County from Education Districts 1, 3, and 4 shall be elected in the state-wide general election in November, 2018. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (f) The first member of the reconstituted Board of Education of Lanier County from Education District 2 shall be elected in the state-wide general election in November, 2016. Such member shall take office on January 1 following his or her election for a term of four years and until his or her successor is elected and qualified. (g) The first chairperson of the reconstituted Board of Education of Lanier County shall be by all of the qualified voters of Lanier County voting in the state-wide general election in November, 2016. Such chairperson shall take office on January 1 following his or her election for a term of four years and until his or her successor is elected and qualified. (h) Successors to members elected under subsections (e), (f), and (g) of this section shall be elected at the state-wide general election next preceding the expiration of such terms of office and shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (i) The members of the board of education shall be residents of the education districts they represent and shall be elected by the qualified voters voting within their respective

3708

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

education districts. The chairperson shall be a resident of Lanier County and shall be elected by the qualified voters of the entire county. (j) In the event that any member elected from a district ceases to be a resident of his or her respective education district during his or her term of office, a vacancy shall be created and shall be filled in the manner provided in Section 3 of this Act. In all elections conducted pursuant to this Act, each candidate shall designate, at the time of qualifying, the district or chairperson post for which he or she offers as a candidate. All members shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended. (k) Education Districts 1, 2, 3, and 4 as they exist immediately prior to the effective date of this Act shall continue to be designated as Education Districts 1, 2, 3, and 4, respectively, but as newly described under this Act, and, on and after the effective date of this Act, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this section."

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

Plan: lanierccsb-2015 Plan Type: Local Administrator: Lanier User: Gina

District 001 Lanier County VTD: 1731 - LAKELAND 950200: 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2061 2062 2063 2064 2065 2066 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 2113 2114 3000 3001 3002 3003 3004 3005 3006 3007 3018 3019 3020 3021 3022 3023 3024 3025 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064

GEORGIA LAWS 2015 SESSION
District 002 Lanier County VTD: 1731 - LAKELAND 950200: 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1034 1035 1036 1037 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1066 1068 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1090 1091 1092 1093 1094 1095 1096 1099 1100 1101 1102 1103 1104 1105 1107 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3026 3027 3028 3029 3030 3031 3032 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4030 4037 4039 4040
District 003 Lanier County VTD: 1731 - LAKELAND 950200: 4000 4001 4002 4003 4004 4005 4006 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4031 4032 4033 4034 4035 4036 4038 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 5000 5001 5002 5003 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 5067 5068 5069 5070 5071 5072 5073 5074 5075 5076 5077 5078 5079 5080 5081 5082 5083 5084 5085 5086 5087 5088 5089 5090 5091 5093 5094 5095 5096 5097 5098 5099 5100 5101 5102
District 004 Lanier County VTD: 1731 - LAKELAND 950100: 1089 2018 2046 2049 2050 950200: 1000 1001 1002 1003 1004 1032 1033 1038 1039 1040 1041 1042

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1043 1044 1061 1062 1063 1064 1065 1067 1069 1070 1087 1088 1089 1097 1098 1106 1108 1109 2000 2001 2002 2003 2004 2060 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2112 5004 5005 5006 5007 5008 5009 5010 5028 5029 5030 5092 5103 5104 VTD: 1732 - SIRMANS VTD: 1733 - STOCKTON

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend and Act creating a new Board of Education for Lanier County, approved March 13, 1970 (Ga. L. 1970, p. 2709), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3768), so as to revise the education districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for the terms and continuation in office of current members; to provide for related matters; and for other purposes.
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 Advocate which is the official organ of Lanier County on January 21, 2015, 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 2nd day of February, 2015.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia

GEORGIA LAWS 2015 SESSION

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My Commission Expires December 29, 2018 (SEAL)

Approved May 6, 2015.

__________

CITY OF WAYCROSS RENAME POLICE COURT TO MUNICIPAL COURT; RENAME RECORDER TO JUDGE OF MUNICIPAL COURT; OPERATION OF COURT.

No. 129 (House Bill No. 254).

AN ACT

To amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved April 13, 1989 (Ga. L. 1989, p. 4916), an Act approved April 13, 1992 (Ga. L. 1992, p. 6055), and an Act approved April 4, 1997 (Ga. L. 1997, p. 3814), so as to change the term recorder to judge of municipal court of Waycross; to rename the police court as the municipal court and provide new provisions for the operation of that court; to change the name of the recorder to the judge of municipal court; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved April 13, 1989 (Ga. L. 1989, p. 4916), an Act approved April 13, 1992 (Ga. L. 1992, p. 6055), and an Act approved April 4, 1997 (Ga. L. 1997, p. 3814), is amended by revising paragraph (1) of subsection (d) of Section 15 as follows:
"(1) To preside at meetings of the commission, and he shall have all the rights, powers, and duties and responsibilities as a commission member except that the mayor shall be entitled to vote on matters before the mayor and commission only where there is an equal division on the question, and then the mayor shall determine the matter by his vote. The mayor shall also be entitled to vote on the election of the following officers and employees of the commission: mayor pro tempore, city manager, city attorney, and judge of the municipal court."

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SECTION 2. Said Act is further amended by revising Section 59 as follows:

"SECTION 59. Municipal court.

(1) Creation. (A) There shall be a court to be known as the Municipal Court of the City of Waycross (hereinafter referred to as 'municipal court'), the same is hereby granted all such powers as are inherent in courts generally and as usually belong to municipal courts under the laws of this state, as well as those hereinafter more particularly set forth. (B) The municipal court shall be held at such place as the city commission shall prescribe by ordinance, or as may be necessitated by the emergencies of the case.
(2) Judge. (A) No person shall be eligible to serve as judge of municipal court unless such person shall be, at the time of qualification, at least 25 years of age, shall be a resident of the Waycross Judicial Circuit, and shall be a licensed, practicing attorney at law in good standing with the State Bar of Georgia. (B) Any person selected to be judge of said court shall preside over said court and shall try and determine all cases therein, without a jury. Said person shall be clothed with all the powers as judge of said court as set forth in this charter, the ordinances of the City of Waycross, Georgia, and as provided by law. (C) Before entering upon his or her duties of office, said person shall take and subscribe to the following oath, which shall be entered upon the minutes of the commission, and said oath taken and subscribed shall comply with the requirements of Code Sections 45-3-1 through 45-3-10 of the O.C.G.A.: 'I solemnly swear (or affirm) that I will uprightly demean myself as Judge of the Municipal Court of the City of Waycross and that I will faithfully and impartially discharge all the duties incumbent on me as presiding Judge of said municipal court of said city, according to the best of my ability and understanding. I further swear (or affirm) 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, and am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which state by the laws of the State of Georgia I am prohibited from holding; and that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I swear (or affirm) that I will uphold and support the Constitution of the United States, and the Charter and Ordinances of the City of Waycross, and the laws and Constitution of the State of Georgia, so help me God.' (D) The judge shall hold court at stated hours, Sundays excepted, or as often as the exigencies of business demand. In case the judge is absent from the city, sick, disqualified, or for other cause is unable to hold court, the judge pro tempore may

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preside and act as judge of said court in the place of said judge and, while so doing, shall be clothed with all the rights and powers of the judge of said court. (E) The judge of said court and the judge pro tempore of said court shall serve at the pleasure of the commission of the City of Waycross. (F) The judge of said court and the judge pro tempore shall be selected by the commission of the City of Waycross in the same manner as the city manager for a term of one year. (G) In case a vacancy shall occur in the office of the judge of municipal court, such vacancy shall be filled by the commission of the City of Waycross. (3) Jurisdiction, powers. (A) The municipal court shall have jurisdiction to try and determine all offenses against the laws and ordinances of the city committed within the jurisdictional limits of the city, and upon conviction, to punish the offenders for the violation of such laws and ordinances by imposing such fines and sentences, and inflicting such punishment as shall be prescribed by the provisions of this Act and the ordinances and resolutions adopted in pursuance thereof. The judge or judge pro tempore of the municipal court shall have the power to impose fines and inflict punishments after conviction upon all violations of the laws and ordinances of said city by fine not to exceed $1,000.00, or by labor on the streets or public works of said city under the control and direction of the proper officers, not to exceed six months, or by confinement not to exceed six months, either one or more or all, in the discretion of the judge or judge pro tempore trying the case. Upon failure or refusal of any person to pay promptly any fine or costs imposed by the municipal court, the same may 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 levies may be made and sales thereunder may be conducted in the same way, this method being cumulative and to be used at the option of the commission of the City of Waycross. (B) The municipal court shall have jurisdiction to try and determine all misdemeanor traffic offenses as authorized by Code Sections 40-6-372 through 40-6-376 of the O.C.G.A., and such other offenses as authorized presently, or in the future, by state law. The municipal court may prescribe punishment for offenses within its jurisdiction to the fullest extent allowed by state law. (C) The municipal court may fix punishment for offenses within its jurisdiction, including both fines and imprisonment or alternative sentencing; provided that such fines or imprisonment does not exceed the statutory limits as now exist or thereafter provided by law. (D) The municipal court shall have jurisdiction to forfeit all appearance bonds and recognizances returnable to said court and to hear, try and determine all issues made therein and to render judgment on the same; and also, to try all nuisances and questions arising in reference thereto and to grant judgments for the abatement of the same and for the removal thereof.

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(E) The municipal court shall have authority to recommend to the city commission for approval of a schedule of fees to defray the cost of operation. (F) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as security for appearances of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited to the judge presiding at such time and an execution issued thereon by serving the defendant and his or her surety, or sureties, with a rule nisi at least three 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 of Waycross, or the property so deposited shall have a lien against it for the value forfeited. (G) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears, by probable cause, that a state law has been violated. (H) The municipal court shall have the authority to administer oaths and to perform all other acts necessary and proper for the conduct of court. (I) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by state law. (J) The municipal court shall have the authority to punish those in its presence for contempt; provided that such punishment shall not exceed the statutory limits for fines and imprisonment for such municipal courts. (K) The municipal court is specifically vested with all of the judicial jurisdiction and judicial powers throughout the entire area of the City of Waycross granted by state laws generally to municipal courts, including the power to impose sentences for those offenses that carry a maximum penalty under state law of up to 12 months imprisonment, and particularly by such laws as authorize the abatement of nuisances. (L) The judge or judge pro tempore of the municipal court shall have and are given the same powers and authorities as magistrates in the matter of and pertaining to criminal cases of whatever nature in the several courts of this state. The judge or judge pro tempore are authorized and empowered to issue warrants for offenses committed within the jurisdiction of the City of Waycross for police purposes, against the penal laws of the state, this either before or after the hearing or trial of the charge in said municipal court, and consequently where, in the course of an investigation of a matter in said municipal court, it shall appear that the penal laws of the state have been violated, it shall be the duty of the judge or judge pro tempore to bind over the offender to the proper court having jurisdiction of such matter in said County of Ware; and to that end, the judge or judge pro tempore shall have the power and authority to commit such offender or offenders to the county jail of said county or admit them to bail, in bailable

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cases, for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. (4) Contempt. (A) The judge or judge pro tempore of the municipal court shall have the authority to issue attachment and inflict summary punishment for contempt of court in cases of:
(i) Misbehavior of any person or persons in the presence of such court or so near thereto as to obstruct the administration of justice; (ii) Misbehavior of any of the officers of the court in their official transactions; or (iii) Disobedience or resistance of any officer of the court, party, juror, witness, or other person or persons to any lawful writ, processed order, rule, decree, or command of the court. (B) The judge or judge pro tempore of the municipal court shall have the power and authority to punish for contempt by fine not to exceed $1,000.00, or confinement not to exceed 20 days, either one or both, in the discretion of the judge or judge pro tempore trying the case. Upon failure or refusal of any person to pay promptly any fine or cost imposed by said judge or judge pro tempore, the same may 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 levies may be made and sales thereunder may be conducted in the same way, this method being cumulative and to be used at the option of the commission of the City of Waycross. (5) Docket. There shall be kept one or more dockets, on which shall appear the name of each person arrested by the officers of the city for any offense against the municipal ordinances or laws in force within the jurisdictional limits of the city, and a brief and clear statement of the offense with which such person is charged. Upon the trial of such person, the sentence imposed or the disposition made of the case shall be entered in writing opposite the name and charge by judge or judge pro tempore of said court, which respective entries shall be signed by the judge or judge pro tempore in such cases. (6) Summons and subpoenas. (A) The municipal court shall have the power to compel the attendance of persons charged with the violation of any ordinance or law within the jurisdiction of the municipal court, by summons, which summons shall be issued by the city clerk and bear testament in the name of the judge of municipal court, and shall set forth the nature of the charge or case, and the time set for trial or hearing, and shall be served upon the defendant by any officer or member of the police force. Likewise, said court shall have the power to compel the attendance of witnesses in all proceedings by issuing subpoenas which shall be similarly issued and served as are summons. (B) The municipal court shall have the power to punish any person disobeying such summons or subpoena as for contempt. Any person who may be charged with contempt may be arrested by attachment in writing or warrant signed by the judge or judge pro tempore, which said attachment or warrant shall be executed by any member of the police force.

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(7) Trial. The cases before the municipal court shall be tried as speedily as possible. With due regard to the rights of the accused and of the city, continuances may be granted by the court upon proper showing made, in accordance with the rules governing such matters in the superior courts of this state, but such continuances shall be only until a time when the case can be properly tried in the discretion of the presiding judge or judge pro tempore. (8) Bonds and forfeitures.
(A) When any person who is charged with an offense against the laws or ordinances of the city, or who is arrested for such offense, shall give bond for his or her appearance at any session of municipal court, and if such person shall fail to appear at the time appointed in said bond, then and in such event, said bond shall be forfeited and the amount of same collected from the principal and sureties thereon in a manner to be provided for by ordinance of the city. And said commission is hereby expressly authorized and empowered to provide by ordinance for the forfeiture and collection of such appearance bonds similarly to the way in which they are forfeited and collected in the superior courts of this state, and said municipal court is hereby clothed with full power and authority to forfeit said appearance bonds and grant judgments upon the same for the amounts thereof, in the same way that superior courts grant such judgments. On the entering of such judgment, the city clerk shall issue an execution against the principal and surety or sureties on such bonds in conformity with such judgment, and in the form and manner prescribed for executions issued by the city for taxes, and the city shall proceed to enforce and collect the same as tax executions of the city are enforced and collected. (B) In any case where any person charged with an offense brought in the municipal court, or arrested for such offenses, has deposited a sum of money as a bond for his appearance in said municipal court, and similarly where some other party has deposited a sum of money for the appearance of such person in said municipal court, then and in the event such person does not appear at the time appointed, for whose appearance such sum of money was deposited in lieu of a bond as aforesaid, said sum of money shall be forfeited instantly by the judgment of the municipal court entered upon the municipal court docket and shall be paid over to the City of Waycross. (C) No resident of Ware County, Georgia, who is not a resident of the City of Waycross, Georgia, shall be prohibited from giving a property bond, solely on the basis of residency for the appearance in the municipal court of a person who is charged with an offense against the laws or ordinances of the City of Waycross. The means and method for giving bond, forfeiture of bond, execution, and judgment thereon shall be established by the code of the City of Waycross, Georgia, the ordinances and laws applicable to the City of Waycross, Georgia. (D) If Ware County residents who are not residents of the City of Waycross give bond for a person or persons to appear in the municipal court, and if such person shall fail to appear at the time appointed in said bond, then in such event, said bond shall be

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forfeited and the amount of same collected from the principal and his sureties as established by the ordinances and laws of the City of Waycross, Georgia, and general laws of the State of Georgia applicable to said court. Any ordinances and laws in effect at the time this ordinance is adopted, as well as any amendments that may be adopted from time to time thereafter, shall apply to persons and bonds which are given by Ware County residents who are non-residents of the City of Waycross. (9) Costs. Said commission shall have the power to provide by ordinance for the charge and collection of all items of costs in cases brought into said municipal court, such as are usually incident and lawfully chargeable to the prosecution of said cases, same to be added to the amount of the fines imposed and collected, and then to be paid over to the proper officers for whose use they are charged. (10) Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all cases, and any and all persons who shall complain, and take exception at any decision or judgment rendered in said municipal court, shall have the right to have same reviewed by a writ of certiorari which shall be applied for, issued and heard and determined under the provisions of the laws of the State of Georgia in such cases made and provided."

SECTION 3. Said Act is further amended by revising Section 105 as follows:

"SECTION 105. City attorney, judge of municipal court; separate offices.

The offices of city attorney and judge, or judge pro tempore, of municipal court, shall be separate and distinct offices, and the judge, or judge pro tempore, of municipal court shall not be competent or eligible to hold the office of city attorney of the city during the term for which he or she was elected or selected."

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 2015 session of the General Assembly of Georgia a bill to amend an Act providing a new charter fo the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended; and for other purpose.

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GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Corbett, 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 Waycross Journal-Herald which is the official organ of Ware County on February 6, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JOHN CORBETT John Corbett Representative, District 174

Sworn to and subscribed before me, this 9th day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 6, 2015.

__________

DECATUR COUNTY BOARD OF COMMISSIONERS; RESTATE ACT; ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON.

No. 130 (House Bill No. 257).

AN ACT

To amend an Act relating to the board of commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, so as to restate the provisions of said Act; to provide for the election of a chairperson and vice-chairperson of the board by its members; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. An Act relating to the board of commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, is amended by striking Sections 1 through 17 of said Act, which comprise all substantive provisions of said Act as amended, and inserting in their place new Sections 1 through 17 to read as follows:

"SECTION 1. (a) There is established in Decatur County a board of commissioners which shall be the governing authority of said county. The board shall be composed of six members as provided in this Act. For the purpose of electing members of the board of commissioners, Decatur County is divided into six commissioner districts. One member of the board shall be elected from each such district. The six commissioner districts shall be and correspond to those six numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: decaturccsb-2012 Plan Type: local Administrator: decatur User: bak'.
(b)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia.
(2) Any part of Decatur County which is not included in any district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Decatur County which is described in subsection (a) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia.

SECTION 2. All members of the board of commissioners shall not be less than 21 years of age and shall be qualified electors of Decatur County. Each of the commissioners shall have been a resident of his or her respective commission district for at least 18 months prior to the date

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of taking office. In the event that any member ceases to be a resident of his or her respective commission district during his or her term of office, a vacancy shall be created and shall be filled in the manner hereinafter provided. Each of the members shall be elected by the qualified voters of Decatur County residing within his or her respective commission district. In all elections conducted pursuant to this Act, each candidate shall designate, at the time of qualifying, the district from which he or she offers as a candidate. To be elected as a member of the board, a candidate must receive the highest number of votes cast for the seat he or she is seeking; and, at the same time, a candidate must receive a majority of the total votes cast for the election of a commissioner to that seat. In the event no candidate for a particular seat receives a majority of the votes for the seat he or she is seeking, a run-off election shall be conducted for that particular seat. All members shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code, as now or hereafter amended.

Reserved.

SECTION 3.

SECTION 4. (a) The present members of the board of commissioners of Decatur County and any successors filling vacancies created by such members prior to the expiration of their terms of office shall continue to serve out the terms of office for which they were elected and until their successors are elected and qualified as provided in this section. (b) The members from Commission Districts No. Two, Three, and Five shall be those elected at the general election of 2004 and quadrennially thereafter and they shall take office on January 1 next following their election for terms of four years and until their successors are elected and qualified. (c) The members from Commission Districts No. One, Four, and Six shall be elected at the general election of 2006 and quadrennially thereafter and shall take office on January 1 next following their election for terms of four years and until their successors are elected and qualified. (d) Successors to the members elected pursuant to this section shall be elected at the general election immediately preceding the expiration of their respective terms of office and shall take office on the first day of January following their election for terms of four years and until their successors are elected and qualified. (e) Any vacancy which occurs on the board of commissioners by death, resignation, removal from the commission district, or for any other reason shall be filled by the remaining members of the board electing a successor to serve until a successor is elected at the next general election to serve for the unexpired term or for a full term, as the case may be. Persons elected or appointed to fill the vacancies as provided by this subsection shall be subject to the same qualifications as required of other regular elected members of the board of commissioners.

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SECTION 5. Each member of said board, before entering upon his or her duties, shall take an oath before the probate judge or the clerk of superior court to faithfully and honestly discharge all the duties of such commissioner according to the laws and Constitution of the State of Georgia, which oath shall be subscribed by the member and recorded upon the minutes of said board.

SECTION 6. (a) All members of the board shall have the same authority and privileges. (b) A majority of the members of the board shall constitute a quorum for the transaction of all business which may come before it. A majority vote of the members present and voting on any matter shall be required for the board to act affirmatively or negatively on the matter.

SECTION 7. (a) At the first board meeting in January, 2016, and at the first meeting each year thereafter, the board of commissioners shall by majority vote elect one of its members as chairperson and one of its members as vice-chairperson. (b) The chairperson shall serve a term of one year, unless he or she resigns, vacates the office, or is removed from the position of chairperson. (c) The vice-chairperson shall serve a term of one year, unless he or she resigns, vacates the office, or is removed from the position of vice-chairperson. (d) It shall be the duty of the chairperson to:
(1) Act as presiding officer at the meetings of the board; (2) Serve as the ceremonial head of the county government; (3) Represent the board in executing any matter approved by the board; and (4) Ensure effective, regular, and harmonious communication among board members. (e) The chairperson shall have the privilege to vote on any matter coming before the board for its consideration, unless otherwise disqualified by interest or relationship. (f) In the event of absence or recusal of the chairperson, the vice-chairperson shall temporarily assume the duties of the chairperson. (g) In the event that the chairperson is physically absent from four consecutive regularly scheduled board meetings, the office of chairperson shall be declared vacant. (h) In the event that the office of chairperson shall become vacant during the course of the year, the vice-chairperson shall serve as chairperson for the remainder of the term. (i) In the event that the vice-chairperson is physically absent from four consecutive regularly scheduled board meetings, the office of vice-chairperson shall be declared vacant. (j) In the event that the office of vice-chairperson shall become vacant during the course of the year, the position of vice-chairperson shall be filled in the same manner as it would be pursuant to subsection (a) of this section.

3722

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(k) The chairperson or vice-chairperson may be removed from office for any of the following reasons: incompetence, misfeasance, or malfeasance in performing the duties of the office of chairperson or vice-chairperson; conviction of a crime of moral turpitude; or abandonment of office or neglect to perform the duties thereof. Such removal of office shall require the affirmative vote of five commissioners.

SECTION 8. Each member of the board of commissioners shall be compensated from the funds of Decatur County. The compensation for the chairperson, the vice-chairperson, and the remaining members of the board shall be fixed by the governing authority of Decatur County, as authorized by law.

SECTION 9. The board of commissioners shall be authorized to employ a county administrator for the purpose of carrying out any of their powers and duties in the management and controlling of the affairs of the county. The county administrator shall perform such duties and responsibilities as determined by the board of commissioners. The county administrator shall be compensated out of county funds in an amount set by the board of commissioners.

SECTION 10. The board of commissioners shall be authorized to elect and appoint a county clerk, and said clerk shall take the same oath in the same manner as its members have. The clerk's duties shall be prescribed by the board of commissioners and his or her term of office shall be designated by the board of commissioners. The county clerk shall be compensated out of county funds in an amount set by the board of commissioners.

Reserved.

SECTION 11.

SECTION 12. The board of commissioners may appoint and employ a competent attorney to act as attorney for said county, whose term of office may be fixed by the board of commissioners, and the board of commissioners shall pay for such legal services such compensation as the board in its discretion may deem reasonable.

SECTION 13. The board of commissioners shall be authorized to designate the county administrator or any other county employee as the purchasing agent for the board of commissioners. The person designated as purchasing agent shall perform his or her responsibilities in accord with the purchasing policy of the county.

GEORGIA LAWS 2015 SESSION

3723

SECTION 14. The board of commissioners shall have, and they are hereby vested with, exclusive jurisdiction over the following matters: in directing and controlling all of the property of the county as they may deem expedient according to law; in levying taxes according to law; in establishing, altering, or abolishing and changing elections, precincts, and militia districts; in supplying by appointment all vacancies in county offices and in ordering elections to fill them; in examining, settling, and allowing all claims against the county; in examining and auditing the accounts of all officers having the care, management, keeping, collection, or disbursement of money belonging to the county or appropriated for its use and benefit and bringing them to a settlement; in supervising the tax commissioner's books and allowing the insolvent list for said county, according to law in the settlement; and especially are they charged with the authority to examine and audit the books of the county treasurer, the tax commissioner, the sheriff, and all other officers of the county through whose hands may pass funds. This may be done by the commissioners or their clerk or designated auditor, and they may require from such officers such report as may be necessary to keep the board of commissioners fully informed at all times of the financial condition of the county; in controlling, caring for, and managing the inmates of the county according to law; in making such rules, regulations, and provisions for the support of the poor of the county; in preserving and promoting public health of the county with authority to quarantine against contagious diseases and epidemics as provided by law; in levying and collecting taxes and trying all defaulters according to law; to sit at any time as a court for county purposes; to appoint any person or persons to discharge any duty and trust authorized by their powers, when no other person or persons are designated by law, and to regulate his or her or their compensation in their discretion; to concur in the approval with the probate court of the county of all official bonds now or formerly required to be approved by the ordinary or probate court by law; and generally to exercise all of the powers which are by the Constitution and laws of Georgia vested in the probate judge when sitting for county purposes, and to exercise such other powers as are granted by law or as may be necessary to their jurisdiction over county matters or county finances, including all powers not contrary with this Act, which have been heretofore exercised by the Board of Commissioners of Roads and Revenues of Decatur County under the Acts approved August 15th, 1904, and under all Acts amendatory thereof; in selecting and appointing all subsidiary officers and employees of the county whose election and appointment are not otherwise provided for by law, such as superintendents and guards of inmates, county physicians, health officer, county farm agent, janitor of the courthouse, and other employees or officials as may be required or authorized by law. The board shall have entire management and control of the inmates of the county sentenced to work upon the roads and public works of the county so long as the county maintains a correctional institute and all inmates of the state assigned to work in the county by the proper authorities of the state and shall so employ them according to law and under such plans of working,

3724

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

building, repairing, and maintaining the public roads, bridges, and public works of the county, as now provided by law in said county.

SECTION 15. The board of commissioners may receive contributions to the building or improvement of the public buildings, bridges, and property of the county from any person or persons, and such contributions received shall be used for the improvement of the roads and bridges or other county property.

SECTION 16. Whenever practical and in the discretion of the board of commissioners, all supplies, equipment, and materials used by the county shall be purchased after notice and competitive bids received by the board, and whenever the board deems it advisable or necessary in their discretion that any property of the county be sold, the board shall sell same after due advertisement in the official organ of the county, at public outcry to the highest bidder for cash, before the courthouse door, all pursuant to the county purchasing policies.

SECTION 17. The board of commissioners has the right to summon witnesses to appear before the board sitting as a court for county purposes, and to punish any and every person for contempt as the judges of the superior courts of this state now have."

SECTION 2. Those members of the board of commissioners of Decatur County who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors.

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

Plan: decaturccsb-2012 Plan Type: local Administrator: decatur User: bak

District 001 Decatur County VTD: 0871005 - BELL

GEORGIA LAWS 2015 SESSION
VTD: 0871361 - CLIMAX 970100: 2022 2025 2028 2029 2030 2031 2032 2033 2037 2038 2045 2055 2056 2057 2058 2059 2062 2063 VTD: 0871392 - FOWLSTOWN VTD: 087513 - BAINBRIDGE-COLI 970100: 2049 2050 2051 970300: 3091 3092 3093 3094 3095 3096 4003 4007 4008 4011 4012 4015 4016 4018 4019 4031 4032 4033 4034 4035 4040 4041 4042 4043 4044 4045 4046 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4060 4061 4062 970700: 1000 1001 1002 1003 1004 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1048 1049 1050 1051 1052 1053 1054 1071 1072 1074 1076 1079 1100 970800: 2001 VTD: 087694 - ATTAPULGUS VTD: 087914 - FACEVILLE 970700: 1055 1056 1057 1058 1059 1060 1077 1078 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1095 1096 1097 1098 1099 970800: 2086
District 002 Decatur County VTD: 0871277 - BELCHER VTD: 0871361 - CLIMAX 970100: 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074

3725

3726

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2020 2021 2024 2026 2027 2042 2043 2044 2046 2054 2060 2061 VTD: 0871646 - PARKER VTD: 087513 - BAINBRIDGE-COLI 970600: 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4026 4027 4028 4029 4030 4031 4032 4070 4073 VTD: 087514 - BDGE-FAIRGROUND 970100: 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3126 3127 3128 3129 3130 3131 3132 3133 3134 3135 3136 3137 3138 3139 3140 3141 3142 3143 3144 3145 3146 3147 3148 3149 3150 3151 3152 3155 3156 3157 3164 3165 3166 970400: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 2000 2001 2002 2003 2004 2005 2006 2047 2048

District 003 Decatur County VTD: 087513 - BAINBRIDGE-COLI 970300: 3026 3027 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3047 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3087 970600: 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1026 1027 1028 1029 1030 1031 1032 1033 VTD: 087514 - BDGE-FAIRGROUND 970100: 3167 970300: 2010 2064 3000 3001 3002 3003 3004 3005 3006 3007 3010 3011

GEORGIA LAWS 2015 SESSION
3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3028 3029 3030 3046 970400: 1034 1035 1036 1037 1038 1039 1040 1041 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 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052
District 004 Decatur County VTD: 087513 - BAINBRIDGE-COLI 970100: 2016 2017 2018 2019 2023 2034 2039 2040 2041 970300: 4000 4001 4002 4004 4005 4006 4009 4010 4013 4014 4017 4020 4021 4022 4023 970600: 1000 1001 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 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 4071 4072

3727

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

District 005 Decatur County VTD: 0871325 - RECOVERY VTD: 0871342 - KENDRICK VTD: 0871805 - WEST BAINBRIDGE 970200: 2082 2083 2084 2099 970300: 1043 1044 1045 1046 1047 1048 1050 1051 1052 1088 1103 2097 2098 2099 2100 2103 2104 2105 2106 2107 2108 2114 2115 3085 VTD: 087513 - BAINBRIDGE-COLI 970300: 2092 2109 2110 2111 2112 2113 3008 3009 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3078 3079 3080 3081 3082 3083 3084 3086 3088 3089 3090 4024 4025 4026 4027 4028 4029 4030 4036 4037 4038 4039 4047 4059 VTD: 087914 - FACEVILLE 970700: 1039 1040 1041 1042 1043 1044 1045 1046 1047 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1073 1080 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2121 2122 2123 2124 2125 2126 2127 2132 2133

District 006 Decatur County VTD: 0871188 - PINE HILL VTD: 0871613 - BRINSON VTD: 0871805 - WEST BAINBRIDGE 970200: 1080 1081 1118 1119 1120 1122 1124 970300: 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1042 1049 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 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1104 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035

GEORGIA LAWS 2015 SESSION
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 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 2093 2094 2095 2096 2101 2102

3729

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act relating to the board of commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Darlene Taylor, who on oath deposes and says that she is the Representative from District 173 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Post Searchlight which is the official organ of Decatur County on January 28, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DARLENE K. TAYLOR Darlene Taylor Representative, District 173

Sworn to and subscribed before me, this 9th day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 6, 2015.

__________

3730

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

DECATUR COUNTY TREASURER; ABOLISH.

No. 131 (House Bill No. 258).

AN ACT

To abolish the office of treasurer of Decatur County; to provide for the transfer of duties; to repeal an Act to provide compensation for the treasurer of Decatur County, approved August 16, 1915 (Ga. L. 1915, p. 209), as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Pursuant to the provisions of subsection (b) of Code Section 36-6-1 of the Official Code of Georgia Annotated, the office of treasurer of Decatur County is abolished. All duties vested in such office by law shall henceforth be carried out by any proper county official or employee as determined by the board of commissioners for Decatur County.

SECTION 2. An Act to provide compensation for the treasurer of Decatur County, approved August 16, 1915 (Ga. L. 1915, p. 209), and all amendatory Acts thereto, are repealed.

SECTION 3. This Act shall become effective on December 31, 2015.

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 2015 session of the General Assembly of Georgia a bill to abolish the office of treasurer of Decatur County; to provide for the transfer of duties; to repeal an Act to provide compensation for the treasurer of Decatur County, approved August 16, 1915 (Ga. L. 1915, p.209), as amended; and for other purposes.

GEORGIA LAWS 2015 SESSION

3731

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Darlene Taylor, who on oath deposes and says that she is the Representative from District 173 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Post Searchlight which is the official organ of Decatur County on January 28, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DARLENE TAYLOR Darlene Taylor Representative, District 173

Sworn to and subscribed before me, this 9th day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 6, 2015.

__________

CITY OF STOCKBRIDGE HOTEL/MOTEL TAX.

No. 139 (House Bill No. 294).

AN ACT

To authorize the governing authority of the City of Stockbridge 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 Stockbridge is authorized to levy an excise tax at a rate not

3732

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 R14-616 by the governing authority of the City of Stockbridge on December 8, 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 Stockbridge:
(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 Stockbridge; provided, however, that the City of Stockbridge 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 exceeds the amount of taxes that would be collected at the rate of 5 percent which is 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 2015 session of the General Assembly of Georgia, a bill to authorize the governing authority of Stockbridge to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2015 SESSION

3733

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 31, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DALE RUTLEDGE Dale Rutledge Representative, District 109

Sworn to and subscribed before me, this 9th day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 6, 2015.

__________

CITY OF SANDERSVILLE CITY COUNCIL; MANNER OF ELECTION.

No. 141 (House Bill No. 307).

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, particularly by an Act approved April 29, 2014 (Ga. L. 2014, p. 4290), 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:

3734

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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, particularly by an Act approved April 29, 2014 (Ga. L. 2014, p. 4290), 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 the City of Sandersville which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (4) Any part of the City of Sandersville 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 council 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 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.

GEORGIA LAWS 2015 SESSION
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 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

3735

3736

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 2015 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, particularly by an Act approved April 29, 2014 (Ga. L. 2014, p. 4290); and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mack Jackson, who on oath deposes and says that he is the Representative from District 128 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Sandersville Progress which is the official organ of Washington County on February 4, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MACK JACKSON Mack Jackson Representative, District 128

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Sworn to and subscribed before me, this 10th day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 6, 2015.

__________

CITY OF KENNESAW CORPORATE LIMITS.

No. 147 (House Bill No. 329).

AN ACT

To amend an Act creating a new charter for the City of Kennesaw, approved May 6, 2013 (Ga. L. 2013, p. 4234), as amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 4106), 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), as amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 4106), 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. All that tract or parcel of land lying and being in Land Lots 207, 208, 211 and 212 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:
BEGINNING at a 5/8-inch rebar set at the intersection of the Southwesterly right-of-way line of U.S. Highway 41, a.k.a. Cobb Parkway (200-foot right-of-way and varies) and the Westerly right-of-way line of Barrett Parkway (variable right-of-way), said point being the TRUE POINT OF BEGINNING; Thence along the Westerly right-of-way line of Barrett Parkway, South 00 degrees 29 minutes 16 seconds West, a distance of 88.66 feet to a point; Thence along a curve to the left having an arc length of 92.98 feet, with a

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radius of 7720.00 feet, at a chord bearing of South 43 degrees 23 minutes 26 seconds West, for a chord length of 92.98 feet, to a point; Thence North 46 degrees 56 minutes 16 seconds West, a distance of 9.17 feet to a point; Thence South 42 degrees 59 minutes 34 seconds West, a distance of 25.30 feet to a point; Thence South 46 degrees 58 minutes 24 seconds East, a distance of 14.18 feet to a point; Thence along a curve to the left having an arc length of 146.44 feet, with a radius of 7715.00 feet, at a chord bearing of South 42 degrees 18 minutes 51 seconds West, for a chord length of 146.44 feet, to a point; Thence North 48 degrees 03 minutes 27 seconds West, a distance of 14.18 feet to a point; Thence South 41 degrees 42 minutes 44 seconds West, a distance of 20.24 feet to a point; Thence South 48 degrees 14 minutes 33 seconds East, a distance of 13.26 feet to a point; Thence along a curve to the left having an arc length of 285.14 feet, with a radius of 7712.05 feet, at a chord bearing of South 39 degrees 13 minutes 35 seconds West, for a chord length of 285.12 feet, to a point; Thence along a curve to the left having an arc length of 159.04 feet, with a radius of 7712.05 feet, at a chord bearing of South 37 degrees 25 minutes 59 seconds West, for a chord length of 159.04 feet, to a point; Thence South 45 degrees 34 minutes 23 seconds West, a distance of 15.19 feet to a point; Thence South 38 degrees 28 minutes 24 seconds West, a distance of 117.00 feet to a point; Thence along a curve to the right having an arc length of 359.91 feet, with a radius of 1091.43 feet, at a chord bearing of South 46 degrees 46 minutes 56 seconds West, for a chord length of 358.28 feet, to a point; Thence along a curve to the right having an arc length of 4.04 feet, with a radius of 1091.43 feet, at a chord bearing of South 56 degrees 20 minutes 07 seconds West, for a chord length of 4.04 feet, to a point; Thence South 00 degrees 28 minutes 23 seconds West, a distance of 2.16 feet to a point; Thence along a curve to the right having an arc length of 142.24 feet, with a radius of 1080.92 feet, at a chord bearing of South 60 degrees 01 minutes 34 seconds West, for a chord length of 142.14 feet, to a point; Thence along a curve to the right having an arc length of 190.68 feet, with a radius of 1080.92 feet, at a chord bearing of South 68 degrees 50 minutes 59 seconds West, for a chord length of 190.44 feet, to a point; Thence North 16 degrees 05 minutes 48 seconds West, a distance of 5.00 feet to a point; Thence along a curve to the right having an arc length of 117.37 feet, with a radius of 1075.92 feet, at a chord bearing of South 77 degrees 01 minutes 42 seconds West, for a chord length of 117.31 feet, to a point; Thence South 09 degrees 50 minutes 48 seconds East, a distance of 5.00 feet to a point; Thence along a curve to the right having an arc length of 128.99 feet, with a radius of 1080.92 feet, at a chord bearing of South 83 degrees 34 minutes 19 seconds West, for a chord length of 128.91 feet, to a point; Thence South 86 degrees 59 minutes 26 seconds West, a distance of 71.94 feet to a point; Thence South 86 degrees 59 minutes 26 seconds West, a distance of 212.54 feet to a point; Thence South 86 degrees 59 minutes 26 seconds West, a distance of 213.82 feet to a point; Thence along a curve to the left having an arc length of 94.10 feet, with a radius of 1025.00 feet, at a chord bearing of South 84 degrees 21 minutes 18 seconds West, for a chord length of 94.07 feet, to a point; Thence departing the Northwesterly right-of-way

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of Barrett Parkway, North 83 degrees 10 minutes 03 seconds West, a distance of 100.22 feet to a point; Thence North 84 degrees 55 minutes 01 seconds West, a distance of 164.90 feet to a point; Thence North 47 degrees 36 minutes 09 seconds West, a distance of 45.73 feet to a point located at the centerline of Noonday Creek; Thence along said centerline, North 47 degrees 31 minutes 03 seconds East, a distance of 117.38 feet to a point; Thence North 23 degrees 04 minutes 07 seconds East, a distance of 47.69 feet to a point; Thence North 41 degrees 25 minutes 24 seconds East, a distance of 125.61 feet to a point; Thence North 50 degrees 51 minutes 47 seconds East, a distance of 81.72 feet to a point; Thence North 37 degrees 25 minutes 46 seconds East, a distance of 141.52 feet to a point; Thence North 40 degrees 25 minutes 21 seconds East, a distance of 164.64 feet to a point; Thence North 46 degrees 08 minutes 06 seconds East, a distance of 81.32 feet to a point; Thence North 38 degrees 16 minutes 45 seconds East, a distance of 44.33 feet to a point; Thence North 21 degrees 08 minutes 09 seconds East, a distance of 138.73 feet to a point; Thence North 11 degrees 56 minutes 32 seconds East, a distance of 145.04 feet to a point; Thence North 27 degrees 49 minutes 37 seconds East, a distance of 54.76 feet to a point; Thence North 10 degrees 03 minutes 08 seconds East, a distance of 115.70 feet to a point; Thence North 15 degrees 52 minutes 38 seconds East, a distance of 205.51 feet to a point; Thence North 09 degrees 45 minutes 22 seconds East, a distance of 93.64 feet to a point; Thence North 19 degrees 30 minutes 51 seconds East, a distance of 121.80 feet to a point; Thence North 10 degrees 03 minutes 44 seconds East, a distance of 111.05 feet to a point; Thence North 16 degrees 29 minutes 28 seconds East, a distance of 122.13 feet to a point; Thence North 07 degrees 49 minutes 07 seconds East, a distance of 152.34 feet to a point; Thence North 14 degrees 57 minutes 08 seconds East, a distance of 118.48 feet to a point located on the Southwesterly right-of-way line of U.S. Highway 41; Thence along said right-of-way and following along a curve to the right having an arc length of 559.42 feet, with a radius of 5506.63 feet, at a chord bearing of South 65 degrees 45 minutes 27 seconds East, for a chord length of 559.18 feet, to a point; Thence South 62 degrees 50 minutes 50 seconds East, a distance of 64.37 feet to a point; Thence along a curve to the right having an arc length of 955.94 feet, with a radius of 5301.90 feet, at a chord bearing of South 57 degrees 40 minutes 53 seconds East, for a chord length of 954.64 feet, to a 5/8-inch rebar set, said point being the TRUE POINT OF BEGINNING. Said tract of land contains 52.311 Acres.

Tract 2. All that tract or parcel of land lying and being in Land Lot 136, 20th District, 2nd Section of Cobb County, Georgia and being more particularly described as follows:
BEGINNING at a 1/2 inch rebar set at the intersection of the northerly side of Duncan Road (50 foot right-of-way) with the easterly side of Big Shanty Road (50 foot right-of-way); running thence North 37 degrees 08 minutes 17 seconds West 17.68 feet to a 1/2 rebar set on the easterly side of Big Shanty Road; running thence along the easterly right-of-way of Big Shanty Road North 14 degrees 21 minutes 59 seconds East

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87.07 feet to a point; thence continuing North 12 degrees 03 minutes 06 seconds East a distance of 373.02 feet to a 1/2 inch rebar set; running thence South 82 degrees 40 minutes 26 seconds East 303.32 feet to a point; running thence South 12 degrees 03 minutes 06 seconds West a distance of 398.75 feet to a 1/2 inch rebar set on the northerly side of Duncan Road (which has an 80 foot right-of-way at this point; running thence North 89 degrees 50 minutes 09 seconds West 137.22 feet to a 1/2 inch rebar set; running thence South 00 degrees 09 minutes 51 seconds West 15 feet along the northerly side of Duncan Road to a 1/2 inch rebar set; running thence along the northerly side of Duncan Road South 85 degrees 49 minutes 08 seconds West 78.11 feet to a point; running thence along the northerly side of Duncan Road South 81 degrees 05 minutes 21 seconds West 92.36 feet to a 1/2 inch rebar set and the POINT OF BEGINNING. Being property more particularly described as Tract I containing 3.000 acres on that survey for Pye Barker Welding Supply, Inc. by Johnny R. Knight dated June 3, 1986, said survey being incorporated herein by reference. LESS AND EXCEPT property conveyed in that certain Right of Way Deed to Cobb County filed October 5, 1998, recorded in Deed Book 11747, Page 210, Cobb County, Georgia records. LESS AND EXCEPT property conveyed in that certain Right of Way Deed to Cobb County filed December 12, 1986, recorded in Deed Book 4247, Page 522, aforesaid records. LESS AND EXCEPT property conveyed in that certain Right of Way Deed to Cobb County filed December 12, 1986, recorded in Deed Book 4247, Page 523, 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 2015 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. 864), 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, Bert Reeves, who on oath deposes and says that he is the Representative from District 34 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of

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Cobb County on January 30, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BERT REEVES Bert Reeves Representative, District 34

Sworn to and subscribed before me, this 11th day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 6, 2015.

__________

CITY OF HOGANSVILLE MAYOR AND COUNCIL; VACANCIES.

No. 149 (House Bill No. 345).

AN ACT

To amend an Act to incorporate the City of Hogansville in Troup County, Georgia, approved February 13, 1976 (Ga. L. 1976, p. 2588), as amended, so as to provide for certain procedures for the filling of vacancies in the office of mayor or councilmember; 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 Hogansville in Troup County, Georgia, approved February 13, 1976 (Ga. L. 1976, p. 2588), as amended, is amended by revising subsection (c) of Section 2.11 as follows:
"(c) Filling of vacancies: A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as follows:
(1) If the vacancy occurs more than 27 months prior to the expiration of the term of office of the seat vacated, then such vacancy shall be filled for the unexpired term of office at a special election to be held on the same date as the next general municipal

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election; and in this case the remaining members of the council shall, by majority vote of those present and voting, select a qualified person to fill the vacancy until the person elected at such special election takes office. (2) If the vacancy does not occur more than 27 months prior to the date of the general municipal election at which a successor to the office will be elected to a new full term of office, then the remaining members of the city council shall, by majority vote of those present and voting, select a qualified person to serve for the remainder of the unexpired term."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act to incorporate the City of Hogansville in Troup County, Georgia, approved February 13, 1976 (Ga. L. 1976, p. 2588), as amended; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert Trammell, Jr., who on oath deposes and says that he is the Representative from District 132 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County on February 7, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ROBERT TRAMMELL, JR. Robert Trammell, Jr. Representative, District 132
Sworn to and subscribed before me, this 12th day of February, 2015.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

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Approved May 6, 2015.

__________

CITY OF LAKE PARK MAYOR AND COUNCIL; TERMS; MANNER OF ELECTION.

No. 152 (House Bill No. 371).

AN ACT

To amend an Act creating a new charter for the City of Lake Park, approved April 17, 1973 (Ga. L. 1973, p. 3074), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4123), so as to provide for the election and terms of office of the mayor and councilmen; 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 Lake Park, approved April 17, 1973 (Ga. L. 1973, p. 3074), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4123), is amended by revising subsection (b) of Section 5.11 as follows:
"(b) There shall be an election on the first Tuesday next following the first Monday in November, 2015, to elect the mayor and four councilmen who shall take office on January 1, 2016.
(1) The mayor and the two councilmen who receive the highest vote tally during said election shall serve terms of office expiring on December 31, 2018, and until a successor is elected and qualified. Their successors and future successors shall be elected in the same manner on the Tuesday next following the first Monday in November immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of two years and until their successors are elected and qualified. (2) The two councilmen who receive the third and fourth highest vote tally during said election shall serve terms of office expiring on December 31, 2017, and until a successor is elected and qualified. Their successors and future successors shall be elected in the same manner on the Tuesday next following the first Monday in November immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of two years and until their successors are elected and qualified. (3) In the event that two or more candidates for councilman receive an equal number of votes in the election prescribed by this subsection, the tying candidates shall draw lots to decide who will serve a term of two years under paragraph (1) of this subsection and who

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will serve a term of one year under paragraph (2) of this subsection. In the event that two or more candidates for councilman tie for the fourth position for councilman, those candidates shall draw lots to decide who will hold the fourth position for councilman."

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 2015 session of the General Assembly of Georgia a bill to amend an act creating a new charter for the City of Lake Park, approved April 17, 1973 (Ga. L. 1973, p. 3074), as amended, and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Corbett, 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 Valdosta Daily Times which is the official organ of Lowndes County on February 10, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JOHN CORBETT John Corbett Representative, District 174

Sworn to and subscribed before me, this 17th day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 6, 2015.

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CITY OF PORTERDALE REDEVELOPMENT POWERS; REFERENDUM.

No. 154 (House Bill No. 379).

AN ACT

To authorize the City of Porterdale 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 Porterdale 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 Porterdale 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 Porterdale 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 Porterdale shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Porterdale for approval or rejection. The election superintendent shall conduct that election on any permissible special election date under Code Section 21-2-540 of the O.C.G.A. but not later than November, 2015, 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 Newton County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City of Porterdale 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 those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes

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

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to authorize the City of Porterdale 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, 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 February 8, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ REP. PAM DICKERSON Pam Dickerson Representative, District 113

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Sworn to and subscribed before me, this 17th day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 6, 2015.

__________

TROUP COUNTY COMMUNITY IMPROVEMENT DISTRICTS; CREATION.

No. 155 (House Bill No. 380).

AN ACT

To provide for the creation of one or more community improvement districts in Troup County; to provide for the purposes of such district or districts; to provide for definitions; to provide for a board or boards to administer such district or districts; to provide for the appointment and election of members of such board or boards; to provide for taxes, fees, and assessments; to provide for the boundaries of such district or districts; to provide for the alteration of district boundaries and the practices, procedures, and requirements related thereto; to provide for cooperation with local governments; to provide for powers of such boards; to provide for authorized contents of agreements and instruments of the board generally, use of proceeds of bonds, notes or other obligations, and subsequent issues 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 dissolutions; to provide the procedures connected with all of the foregoing; to provide for severability; to provide a short title; 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 referred to as the "Troup County Community Improvement Districts Act."

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SECTION 2. Purpose.

The purpose of this Act shall be to provide for the creation of one or more community improvement districts within Troup 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 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 Troup 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:

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(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; (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.

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(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 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 Troup 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 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 Troup 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

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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 Troup 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 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 Troup 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 Troup 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 each community improvement district by:
(A) The governing authority of Troup County if the district is located wholly within the unincorporated area of Troup 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 Troup County and any municipality in which the district is partially located if it is partially within the unincorporated area of Troup County and partially within the incorporated area of any municipality; and (2) The written consent to the creation of the community improvement district by:

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(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 Troup County ad valorem tax digest. The written consents provided for in this paragraph shall be submitted to the Troup 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, which 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 governing authority of Troup County to Post 6. 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, to Post 7 and additional Posts if there are multiple municipalities. One board member shall be elected by a numerical majority of the elector votes to serve in Post 1, and four board members shall be elected by a majority of the equity elector votes to serve in Posts 2, 3, 4, and 5. The initial term of office for the members representing Posts 1 and 2 shall be one year. The initial term of office for the members representing Posts 3 and 4 shall be two years, and the initial term of office of the member representing Post 5 shall be three years. Thereafter, all terms of office shall be for three years, except the appointed board members who shall serve at the pleasure of the appointing governing authority. (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 consenting to the creation of the district, pursuant to the certification of the Troup County Tax Commissioner of the written consents herein provided, at such time and place within the district as the governing authority of Troup County, or the governing authority of the municipality if the district lies wholly within the incorporated area thereof, shall designate after notice thereof shall have been given to said electors by publishing same in the legal organ of Troup 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 Troup County, a caucus of electors at such time and place within the district as the

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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 Troup 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.

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 Troup County or the municipality as a whole. Any tax, fee, or assessment so levied shall be

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collected by the Troup County Tax Commissioner in the same manner as taxes, fees, and assessments are levied by Troup County. Delinquent taxes shall bear the same interest and penalties as Troup 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 the Troup County Tax Commissioner to the district 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 governing authority of Troup County and such municipalities within which the district may be partially located if partially within the unincorporated area of Troup County and partially within one or more municipalities, or by the governing authority of a municipality if wholly within the incorporated area thereof, as set forth in the resolutions required in Section 4 of this Act, or as may thereafter be added as hereinafter provided. (b) The boundaries of the district or districts 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 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 governing authority of Troup County if any portion of the district is or is to be in the unincorporated area of Troup County, and the governing authority of such municipalities as may have area within the district before or after the annexation.

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(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 governing authority of Troup County if any portion of the district is or is to be in the unincorporated area of Troup County, and/or the governing authority of such municipalities as may have area within the district before or after the annexation.

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 will be provided for in a cooperation agreement executed jointly by the board, the governing body of Troup County if any of the district is in the unincorporated area of the county, and any municipalities within which the district is partially located. The provisions of this section shall in no way limit the authority of Troup County or any such municipality to provide services or facilities within the district; and Troup County and such municipalities 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 Troup County or such municipalities. 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 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:

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(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; (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

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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 Troup County and any municipalities within which the district is wholly or partially located; (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 Troup County or municipal services; (21) To 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. (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 - 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

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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 Troup 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 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)

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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; use of proceeds of sale of bonds,
notes, and other obligations; subsequent issues of obligations.

(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.

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.

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SECTION 14. Applicability of Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Uniform Securities
Act of 2008"; notice, proceeding, publication, referendum.

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 governing authority of Troup County if wholly within the unincorporated area of Troup County, by the governing authority of Troup County and such municipalities within which the district may be located if within the unincorporated area of Troup 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) 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 Troup 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 properties, as certified by the Troup County Tax Commissioner, the governing authorities of Troup County and any municipality within which the district is located shall dissolve the district.

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(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 Troup County, or if the district is located entirely within a municipality, the municipality, shall assume the duties, obligations, and authority of the board. The board, and after December 31 the governing authority which has assumed the duties as set forth above, 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 Troup County for public facilities located within the unincorporated area, or the municipality within which they are located, 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.

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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. 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 2015 session of the General Assembly of Georgia a bill to provide for the creation of one or more community improvement districts in Troup County; to provide for the purposes of such district or districts; to provide for definitions; to provide for a board or boards to administer such district or districts; to provide for the appointment and election of members of such board or boards; to provide for taxes, fees, and assessments; to provide for the boundaries of such district or districts; to provide for the alteration of district boundaries and the practices, procedures, and requirements related thereto; to provide for cooperation with local governments; to provide for powers of such boards; to provide for authorized contents of agreements and instruments of the board generally, use of proceeds of bonds, notes or other obligations, and subsequent issues 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 dissolutions; to provide the procedures connected with all of the foregoing; to provide for severability; to provide a short title; 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, Randy Nix, who on oath deposes and says that he is the Representative from District 69 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County on February 13, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

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s/ RANDY NIX Randy Nix Representative, District 69

Sworn to and subscribed before me, this 17th day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 6, 2015.

__________

WILCOX COUNTY MAGISTRATE COURT; JUDGE OF PROBATE COURT SERVE AS CHIEF MAGISTRATE; COMPENSATION.

No. 158 (House Bill No. 388).

AN ACT

To provide that the judge of the Probate Court of Wilcox County shall also serve as the chief magistrate of the Magistrate Court of Wilcox County on or after June 1, 2015, or upon vacancy of the office of chief magistrate; to provide for the compensation of such judge for service as chief magistrate; to provide for the continuation in office and expiration of term of the current chief magistrate; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) Pursuant to subsection (g) of Code Section 15-10-20 of the Official Code of Georgia Annotated, the chief magistrate of the Magistrate Court of Wilcox County shall not be separately elected or appointed for any term of office that begins on or after January 1, 2016, but on and after that date the probate judge of Wilcox County shall serve as the chief magistrate of the Magistrate Court of Wilcox County. There shall be no election or appointment in 2015 or thereafter for the office of chief magistrate. The current chief magistrate shall finish his or her current term; provided, however, that in the event of a vacancy in the office of chief magistrate, the probate judge shall immediately begin to serve

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as the chief magistrate. The term of office of the judge serving as chief magistrate shall be concurrent with such judge's term of office as the judge of the probate court. (b) Effective upon the date the judge of the probate court assumes the duties of the chief magistrate, the judge of the probate court shall receive a supplement for service as chief magistrate in an amount to be fixed by the governing authority of Wilcox County in addition to any compensation received for service as judge of the probate court. Such supplement shall not be less than the minimum amount provided by any general law of the state for additional service by a judge of the probate court as chief magistrate.

SECTION 2. The chief magistrate of the Magistrate Court of Wilcox County who is serving as such on the effective date of this Act shall continue to serve as chief magistrate for the remainder of his or her current term of office. During such time period, the current chief magistrate shall continue to receive the same salary he or she as receiving for performing such duties as fixed by the governing authority of Wilcox County. However, if the office of chief magistrate becomes vacant prior to expiration of the current term, the probate judge shall immediately begin to serve as chief magistrate.

SECTION 3. On and after January 1, 2016, the number of magistrates to serve as judges of the Magistrate Court of Wilcox County shall be determined by the Wilcox County Board of Commissioners. Such magistrates, if any, shall be selected by the probate judge and shall be appointed to take office on January 1, 2016. Such magistrates shall serve four-year terms and until their respective successors are appointed and qualified.

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 2015 session of the General Assembly of Georgia a bill to provide that the judge of the Probate Court of Wilcox County shall also serve as the chief magistrate of the Magistrate Court of Wilcox County on or after June 1, 2015, or upon vacancy of the office of chief magistrate; to provide for the compensation of such judge for service as chief magistrate; to provide for the continuation

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in office and expiration of term of the current chief magistrate; to provide an effective date; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Buddy Harden, who on oath deposes and says that he is the Representative from District 148 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cordele Dispatch which is the official organ of Wilcox County on February 13, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BUDDY HARDEN Buddy Harden Representative, District 148

Sworn to and subscribed before me, this 18th day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 6, 2015.

__________

CITY OF MONTICELLO MUNICIPAL COURT; ABOLISH.

No. 161 (House Bill No. 398).

AN ACT

To amend an Act to incorporate and grant a new charter to the City of Monticello, approved March 10, 1959 (Ga. L. 1959, p. 2683), as amended, so as to dissolve the municipal 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:

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SECTION 1. An Act to incorporate and grant a new charter to the City of Monticello, approved March 10, 1959 (Ga. L. 1959, p. 2683), as amended, is amended by revising Section 29 as follows:

"SECTION 29. Jurisdiction over all matters in which the municipal court of the City of Monticello had jurisdiction while in existence is granted to the following courts:
(1) As to all matters which are pending in the municipal court of the City of Monticello on July 1, 2015, of this section shall be transferred to the following courts:
(A) As to all matters pending in the municipal court of the City of Monticello which are within the jurisdiction of the Probate Court of Jasper County as provided by law in the absence of a municipal court, to the Probate Court of Jasper County; and (B) As to all matters pending in the municipal court of the City of Monticello which are not within the jurisdiction of the Probate Court of Jasper County as provided by law in the absence of a municipal court, to the Magistrate Court of Jasper County. (2) As to all matters arising on and after July 1, 2015, or pending on the effective date of this section over which the municipal court had jurisdiction and which are not within the jurisdiction of the Probate Court of Jasper County in the absence of a municipal court, including, but not limited to, any violation of city ordinance of the City of Monticello, shall be tried before the Magistrate Court of Jasper County to which jurisdiction is hereby granted. (3) From and after July 1, 2015, all fines, fees, and forfeitures collected in the cases transferred to either the Probate Court of Jasper County or the Magistrate Court of Jasper County shall be paid to the respective court and remitted to Jasper County."

SECTION 2. Said Act is further amended by repealing and reserving Sections 30, 31, 32, 33, 34, and 35.

SECTION 3. This Act shall become effective on July 1, 2015.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to amend an Act granting a new charter to the City of Monticello, approved March 10, 1959 (Ga. L. 1959, p. 2683), as amended, so as to eliminate the

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municipal court; to provide for related matter; to repeal conflicting laws; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Susan Holmes, who on oath deposes and says that she is the Representative from District 129 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Monticello News which is the official organ of Jasper County on January 29, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ SUSAN HOLMES Susan Holmes Representative, District 129

Sworn to and subscribed before me, this 19th day of February 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 6, 2015.

__________

TOWN OF CLERMONT NEW CHARTER.

No. 162 (House Bill No. 400).

AN ACT

To amend an Act incorporating the Town of Clermont in Hall County, approved April 5, 1994 (Ga. L. 1994, p. 4782), as amended, so as to completely revise such charter; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and

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procedures; to provide for ordinances and codes; to provide for a town manager, mayor, and mayor pro tempore, and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a town attorney, a town clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for town contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Incorporation.

The Town of Clermont in Hall County is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the "Town of Clermont." References in this charter to "the town" refer to the Town of Clermont. The town shall have perpetual existence. The legal situs of the town shall be Hall County.

SECTION 1.11. Corporate boundaries.

(a) The boundaries of the town shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time by local law or in the manner provided by general state 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 of the town and to be designated, as the case may be: "Official Map or Description of the Corporate Limits of the Town of Clermont, Georgia." Photographic, typed, or other copies of such map or description certified by the clerk shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description.

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(b) The town council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace but such earlier maps shall be retained in the office of the clerk.

SECTION 1.12. Powers and construction.

(a) The town shall have all powers possible for a town to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. (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.

SECTION 1.13. Examples of powers.

The powers of the town shall include but not be limited to the following powers: (1) Air and Water Pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the town; (2) Animal Regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (3) Appropriations and Expenditures. To make appropriations for the support of the government of the town; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the town; (4) Building Regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, fire safety, electrical, gas, and heating and air conditioning codes and other similar technical codes; and to regulate all housing and building trades; (5) Business Regulation and Taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized 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 town taxes or fees;

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(6) Condemnation. To condemn property, inside or outside the corporate limits of the town, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the 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 town, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the town; (9) Environmental Protection. To protect and preserve the natural resources, environment, and vital areas of the town, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of stormwater and establishment of a stormwater utility, the management of solid and hazardous waste, the management of commercial waste, and other necessary actions for the protection of the environment; (10) Fire Regulations. To fix and establish fire limits and from time to time 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 town 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 to provide that said fees may be based upon the availability of the service as opposed to user fees; (12) General Health, Safety, and Welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the town, and to provide for the enforcement of such standards; (13) Gifts. To accept or refuse gifts, donations, bequests, or grants from a 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 municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the town, to provide for commitment of such persons to any jail, to provide for the use of pretrial diversion and any alternative sentencing allowed by law, or

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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, including but not limited to any Housing Authority, 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 to 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, or the laws of the United States of America; (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 municipal 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; 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; (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 ensure 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, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational,

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recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the town; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; (28) Public Peace. To provide for the prevention and punishment of 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, 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, or other applicable state laws of Georgia; (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 and other employee benefit plans and programs for elected officials, officers, and employees of the town; (33) Roadways. To lay out, open, extend, widen, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the town; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so; (34) Sewer Fees. To levy a fee, charge, or 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 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 connect 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;

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(36) Special Areas of Public Regulation. To regulate or prohibit junk dealers; to regulate the manufacture and sale of intoxicating liquors; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials; to regulate the use of lighting and heating equipment; to regulate the treatment of commercial waste or septage, or both, 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 and other adult entertainment 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 town; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (41) Urban Redevelopment. To organize and operate an urban redevelopment program; (42) Special Referendums. To hold special referendums to place policy issues or to conduct "straw polls" before the electors of the town; to hold such special referendums at the times allowed for special elections under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code" as now or hereafter amended; and (43) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the town and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be 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

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

ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL
SECTION 2.10. Town council creation; composition; number.

(a) On or after January 1, 2018, the legislative authority of the government of the town except as otherwise specifically provided in this charter, shall be vested in a town council to be composed of a mayor and five councilmembers. The mayor and five councilmembers shall be the successors to the mayor and five councilmembers provided for in previous law. (b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as the mayor and councilmember unless he or she shall have been a resident of the town for 12 months immediately preceding the election of such office.

SECTION 2.11. Inquiries and investigations.

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

SECTION 2.12. General power and authority of the town council.

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

SECTION 2.13. Organization meeting.

The town council shall meet for organization on the first Tuesday in January of each year or as soon thereafter as practical. The meeting shall be called to order by the mayor and the oath of office shall be administered to the newly elected members as follows:
"I do solemnly swear (or affirm) that I will faithfully perform the duties of a councilmember of the 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."

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SECTION 2.14. Regular and special meetings.

(a) The town council shall hold regular meetings at such times and places as prescribed by resolution. (b) Special meetings of the town council may be held on call of the mayor or two other members of the town council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if all town 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. Except where waiver by all members is effected by their presence or in writing, 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 general state law and notice to the public of all meetings shall be made as required by general state law.

SECTION 2.15. 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 minutes of its proceedings according to general state law, and which shall be a public record. (b) All committees and committee chairmen and officers of the town council shall be appointed by the town council. The town council, by a majority vote, shall have the power to remove members of any committee and the power to appoint new members to any committee, at any time, with the town council's discretion.

SECTION 2.16. Quorum; voting.

(a) Except as otherwise provided in subsection (b) of this section, three councilmembers, or two councilmembers and the mayor, shall constitute a quorum and shall be authorized to transact business of the town council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the minutes, but any member of the town council shall have the right to request a roll-call vote. 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. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be

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authorized to transact business for the town council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion.

SECTION 2.17. Ordinance form; procedure; notice and reading.

(a) Every proposed ordinance shall be introduced in writing and must be finalized at the time of passage at the second meeting for final adoption. The enacting clause shall be: "The Council of the Town of Clermont hereby ordains...." and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember. Before an ordinance can be voted on, it must be introduced at one regular or special meeting and passed at a second regular or special meeting. (c) Upon passage, all ordinances shall be signed by the mayor, or mayor pro tempore if presiding, and the town clerk. (d) Failure to comply with the technical requirements of this section shall not invalidate an ordinance if the intention of the governing authority that the ordinance be effective is evident.

SECTION 2.18. Exercise of powers.

Notwithstanding any other provisions of this charter, acts of the town council which have the force and effect of law may be done by motion or resolution of the town council, except that any act of the town council to amend the charter or the code of ordinances or any other act required by general state law to be done by ordinance shall be done by ordinance.

SECTION 2.19. 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 town 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. Any emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. 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 is adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency

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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 2.20. 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. (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 2.21. Signing; authenticating; recording; codification; printing.

(a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book or record kept for the purpose all ordinances adopted by the council. (b) The town council shall provide for the preparation of a general codification or compilation of all of the ordinances of the town having the force and effect of law. The general codification or compilation shall be adopted by the town council and shall be published as soon as is practicable, 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 Clermont, Georgia." Copies of the code or compilation shall be furnished to all offices, 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 published as soon as is practicable following its adoption, and the published 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 or compilation under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code or compilation currently in effect and shall be suitable in form for incorporation therein. The town 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.

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SECTION 2.22. Submission of ordinances to the mayor; veto power.

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

SECTION 2.23. Chief executive officer; delegation of powers.

The mayor shall be the chief executive of the town. The mayor shall possess all of the executive powers granted to the town under the Constitution and laws of the State of Georgia, and all the executive powers contained in this charter, except as otherwise specifically provided in this charter. The mayor shall have the authority to delegate any one or more executive powers to a person or persons employed by the town and qualified in management and administration. As chief executive officer, the mayor shall be the supervisor of any town manager, if one is selected by the town council, but the town manager, if selected, shall administratively handle the operations of the town on a day-to-day basis.

SECTION 2.24. Powers and duties of mayor.

As the chief executive of the town, the mayor shall: (1) Supervise the town manager to see that all laws and ordinances of the town are faithfully executed;

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(2) Review and approve the recommendation of appointment or removal by the town manager of all officers, department heads, and employees of the town except as otherwise provided in this charter; any appointment or removal by the mayor shall be subject to confirmation by the town council; (3) Exercise supervision over all executive and administrative work of the town by the town manager and provide for the coordination of administrative activities, including but not limited to appointment of councilmembers as administrative supervisors over town departments and who will supervise the town manager's management of said departments; the mayor shall coordinate the administrative tasks performed by the town manager and those performed by a councilmember acting as an administrative supervisor over a town department; (4) Exercise supervision over the town manager's preparation and submission to the council a recommended annual operating budget and recommended capital budget; (5) Ensure that the town manager shall submit to the council at least once a year a statement covering the financial conditions of the town and from time to time such other information as the town council may request; (6) Preside over all meetings of the town council; (7) Call special meetings of the town council as provided for in Section 2.14 of this charter; (8) Participate in the discussion of all matters brought before the town council and vote on such matters only in the case of a tie vote or where such vote is needed to provide the affirmative vote needed for approval of a matter; (9) Recommend to the town council such measures relative to the affairs of the town, improvement of the government, and promotion of the welfare of its inhabitants as he or she may deem expedient; (10) Approve or disapprove ordinances as provided in Section 2.22 of this charter; (11) Require any department or agency of the town to submit written reports whenever he or she deems it expedient; (12) Sign as a matter of course all written contracts, ordinances, and other instruments executed by the town which by law are required to be in writing; (13) Perform the duties of town manager should that office not be filled or be vacant for any reason; and (14) Perform such other duties as may be required by general state law, this charter, or ordinance.

SECTION 2.25. Mayor pro tempore.

The town council at the first annual meeting, after the newly elected councilmembers have taken office following each regular election, shall elect from its membership a mayor pro tempore for a term of one year. In the event that no decision is reached at such first regular

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meeting, the town council shall elect from its membership, within ten days following such meeting, the mayor pro tempore; otherwise the councilmember who received the highest number of votes when he or she was last elected shall become the mayor pro tempore. The mayor pro tempore shall perform the duties of the mayor during his or her absence or inability to act and shall fill out any unexpired term in the office of mayor, in which case a new mayor pro tempore shall be elected by majority vote of the town council.

SECTION 2.26. Town manager and acting town manager.

(a) Appointment of town manager; compensation. The town council may select an officer of not less than 25 years of age whose title shall be town manager and who shall be the head of the administrative branch of the town government on a day-to-day basis. The town manager shall be chosen by the town council on the basis of qualifications for the position as such with special reference to actual experience in and knowledge of the duties of the office as hereinafter prescribed. The town manager shall have received a bachelor's degree as a minimum educational requirement or, in lieu thereof, a minimum of five years' experience in a town in a supervisory capacity. The town manager shall serve at the pleasure of the town council. The town manager shall receive such salary as the town council may fix. Should the town council not fill the office of town manager for any reason, including but not limited to choosing not to have a town manager, or should the office be vacant for any reason, then the mayor shall perform the duties of town manager. (b) Acting town manager. By letter filed with the town clerk, the mayor shall designate, subject to approval of the town council, a qualified administrative officer (which can include but not be limited to the mayor) to execute the powers and perform the duties of the town manager during the manager's temporary absence or disability.

SECTION 2.27. Powers and duties of town manager.

(a) The town manager shall be responsible to the mayor and town council for the proper administration of all affairs of the town. As chief administrator, the town manager shall have the power to recommend appointment and removal of all officers department heads, and employees in the administrative service of the town except the town clerk, town police chief, town engineer, town attorney, and the town judge; and these officers, department heads, and employees shall be administratively responsible to the town manager, except the town clerk, town police chief, town engineer, town attorney, and the town judge who shall be appointed or removed by the mayor and subject to the confirmation by the town council. The mayor and town council as determined in their discretion can modify any personnel decision made by the town manager. It shall be the duty of the town manager to supervise the administration of the affairs of the town; to see that the ordinances, resolutions, and

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regulations of the town council and the laws of the state are faithfully executed and enforced; to make such recommendations to the town council concerning the affairs of the town as he or she shall deem expedient; to keep the town council advised of the financial condition and future financial needs of the town; to attend all meetings of the town council; to prepare and to submit to the town council such reports as may be deemed expedient or as may be required by the town council. The town manager shall perform such other functions as assigned by the town council. (b) The town manager shall be designated and given authority to delegate duties as the purchasing agent, the personnel officer, and the finance officer of the Town of Clermont. The town manager shall have responsibility for preparing and implementing the budget following budgetary review and adoption of the council in regular meeting. All department heads employed by the town manager shall be administratively accountable to the town manager. All department heads or other agents employed by the legislative body shall be administratively communicative with the town manager.

SECTION 2.28. Compensation and expenses.

The mayor shall receive compensation of $150.00 per month and each councilmember shall receive compensation of $125.00 per month, and reimbursement for expenses actually and necessarily incurred by them in carrying out their official duties. The council shall be authorized to change their compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A.

SECTION 2.29. Prohibitions.

(a) No elected official, appointed officer, or employee of the town or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others;

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(4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against the town or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the town shall disclose such private interest to the town council. The mayor or any councilmember who has a private interest in any matter pending before the town council shall disclose such private interest and such disclosure shall be entered on the records of the town council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity in which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the town or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the town council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the town council. (e) Except as authorized by law, no member of the council shall hold any other elective town office or other town employment during the term for which he or she was elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this charter.

SECTION 2.30. Removal of officers.

(a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime that is a felony or a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law;

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(4) Knowingly violating Section 2.29 or any other express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any cause to perform the duties of office as required by this charter or by state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of three councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the town council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the town council to the Superior Court of Hall County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Hall County following a hearing on a complaint seeking such removal brought by a resident of the Town of Clermont.

SECTION 2.31. 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 the Constitution of Georgia, by general law, or by this charter. If general law and this charter make no provision, such shall be carried into execution as provided by ordinance.

ARTICLE III ELECTIONS SECTION 3.10. Terms and qualifications.

The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he or she has been a resident of the town for 12 months immediately preceding the election of mayor or councilmembers. Each person elected as mayor or councilmember shall continue to reside within the town and, for councilmember Wards 1 through 4, in the ward which that member represents, during said period of service, and shall be registered and qualified to vote in municipal elections of the town. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person files a written notice with the clerk of the town that he or she desires his or her name to be placed on the ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless he or she files such

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notice within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

SECTION 3.11. Elections.

(a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said town shall be eligible to qualify as voters in the election. (b) All primaries and elections shall be held and conducted in accordance with Chapter 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, or resolution as appropriate, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the "Georgia Election Code." (c) Political parties shall not conduct primaries for town offices and all names of candidates for town offices shall be listed without party labels. (d) The candidate receiving a plurality of the votes cast for any town office shall be elected.

SECTION 3.12. Councilmembers; election wards.

(a) The mayor and councilmembers who are in office on the effective date of this charter shall serve until the expiration of the terms of office to which they were elected and until their successors are duly elected and qualified.
(b)(1) For purposes of electing members of the town council of the Town of Clermont, the town is divided into four councilmember wards which shall be and correspond to those four numbered wards described in and attached to and made a part of this Act and further identified as Plan: Clermont-2015 Plan Type: Local Administrator: Clermont User: BAK. A fifth councilmember ward shall comprise the entire territory of the town. Each councilmember and mayor shall be elected at large by the voters of the entire municipality. Persons qualifying for election as councilmember at the 2015 municipal elections shall reside in and qualify for Wards 1, 2, and 5, as applicable. Persons qualifying for election as councilmember at the 2017 municipal election shall reside in and qualify for Wards 3 and 4, as applicable. If a councilmember moves his or her residence from the ward from which he or she was elected during his or her term of office, a vacancy shall be created and shall be filled as provided in this charter. The mayor may reside in any part of the town and will be elected at the 2017 municipal election. The mayor and each councilmember shall serve terms of four years and until their successors are duly elected and qualified. (2) When used in such attachment, the term 'VTD' (voting tabulation district) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia.

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(3) The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of the Town of Clermont which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (4) Any part of the Town of Clermont which is described in that attachment as being in a particular councilmember ward shall nevertheless not be included within such ward if such part is not contiguous to such ward. Such noncontiguous part shall instead be included within that ward contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (5) Any part of the Town of Clermont which is described in paragraph (1) of this subsection as being included in a particular councilmember ward shall nevertheless not be included within such ward if such part is not contiguous to such ward. Such noncontiguous part shall instead be included within that ward contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia.

SECTION 3.13. Elections.

Municipal elections shall be held on the Tuesday next following the first Monday in November, 2015, and on such day biennially thereafter. At the election held in November, 2015, there shall be elected councilmembers representing councilmember Wards 1, 2, and 5, as applicable, to serve terms of four years. At the election, held in 2017, there shall be elected a mayor, who may reside in any part of the town, and councilmembers from councilmember Wards 3 and 4 to serve terms of four years. Thereafter, the mayor and councilmembers shall serve terms of four years and until their successors are duly elected and qualified.

SECTION 3.14. Vacancies in office.

(a)(1) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (2) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the town council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes

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permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant, the town council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within twelve 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.

ARTICLE IV ADMINISTRATIVE AFFAIRS
SECTION 4.10. Administrative and service departments.

(a) Except as otherwise provided in this charter, the town council, by ordinance or resolution as appropriate, shall prescribe the functions or duties of and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the town as necessary for the proper administration of the affairs and government of the town. (b) Except as otherwise provided by this charter or general state law or federal law, the directors of departments and other appointed officers of the town shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance or resolution, as appropriate. (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 town manager, be responsible for the administration and direction of the affairs and operation of his or her department or agency.

SECTION 4.11. Boards, commissions, and authorities.

(a) The town council shall create by ordinance or resolution as appropriate such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative functions as the town council deems necessary and shall by ordinance or resolution as appropriate 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 or resolution as appropriate, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or general state law.

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(c) The town council, by ordinance or resolution as appropriate, may provide the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as specifically authorized by general law, no member of any board, commission, or authority shall hold any elective office in the town. (e) Any vacancy on a board, commission, or authority of the town shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter, by general law, or by resolution. (f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the town an oath obligating himself or herself to perform faithfully and impartially the duties of his or her office, such oath to be prescribed by ordinance or resolution as appropriate and administered by the mayor. (g) Any member of the board, commission, or authority may be removed from office for any reason by a majority vote of the town council. (h) Except as otherwise provided by this charter or by general state law, each board, commission, or authority of the town shall elect one of its members as chairman and one member as vice-chairman and one member as secretary. 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 general state law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the clerk of the town.

SECTION 4.12. Town attorney.

(a) Appointment; qualifications; term. The town mayor, subject to the approval of the town council, shall appoint a town attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The town attorney shall serve at the pleasure of the town council. (b) Duties of the town attorney; compensation. It shall be the duty of the town attorney to serve as legal advisor to the mayor, town council, town manager, and other town officials with respect to the affairs of the town; to draw proposed ordinances when requested to do so; to inspect and determine the legality and form of all agreements, contracts, franchises, and other instruments with which the town may be concerned; to attend meetings of the town council upon request of the council; and to perform such other duties as may be required by virtue of the position of town attorney. The compensation of the town attorney shall be set by the town council.

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SECTION 4.13. Town clerk.

The town mayor, subject to approval by the town council, shall appoint an officer who shall perform the duties of the town clerk and who shall keep a journal of the proceedings of the town council, maintain a safe place for all records and documents pertaining to the affairs of the town, and perform such other duties as may be required by law or as mayor and council may direct, including but not limited to the office of town treasurer.

SECTION 4.14. Personnel policies.

The town 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 a position classification and pay plan; (3) Hours of work, vacation, sick leave and other leaves of absence, overtime pay, retirement, and the manner in which layoffs shall be effected; (4) Institute civil service regulations for employees and as to which personnel decisions of the town manager, mayor, and town council would be subject; and (5) Such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the Town of Clermont.
Notwithstanding the foregoing, all employees and personnel of the town are at will employees, unless the town council enters into a written employment contract or creates by ordinance a personnel system providing for removal of employees only for cause.

SECTION 4.15. Comprehensive land use plan.

A comprehensive land use plan shall be adopted by the town council and official updates to this plan shall be made as provided by general state law.

ARTICLE V JUDICIAL BRANCH
SECTION 5.10. Creation; name.

There shall be a court to be known as the Municipal Court of the Town of Clermont.

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SECTION 5.11. Chief judge; associate judge.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by associate judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he or she shall have attained the age of 21 years and is a member of the State Bar of Georgia. The town judge need not be a resident of the Town of Clermont. No other officers of the Town of Clermont may serve as the town judge. All judges shall be appointed by the town council. Upon the effective date of this charter, the present residing town judge may be eligible to continue holding office subject to the approval of the town council. (c) Compensation of the judges shall be fixed by resolution of the council. (d) Judges may be removed for any reason by a majority vote of the town council. (e) Before entering on the duties of his or her office, each judge not presently serving at the time of enactment of the charter shall take an oath given by the mayor that he or she will honestly and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be similar in form as set out in Section 2.13 and shall be entered upon the minutes of the town council.

SECTION 5.12. Clerk of municipal court.

The town manager shall designate, subject to the approval of the chief judge of the Municipal Court of the Town of Clermont, a municipal employee to serve as the clerk of the municipal court. The clerk of the municipal court shall attend all hearings and be responsible for all records of said municipal court.

SECTION 5.13. Convening.

The municipal court shall be convened at regular intervals as designated by procedure set by the chief judge of the Municipal Court of the Town of Clermont.

SECTION 5.14. Jurisdiction; power.

(a) The municipal court shall try and punish violations of all town ordinances and such violations of state law allowed to be tried in municipal court under the general laws of the State of Georgia. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $1,000.00 or 180 days in jail or both.

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(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days or both or may sentence any offender upon conviction to labor for the town on the streets, sidewalks, squares, or other public places for a period not exceeding 180 days. A fine levied by the municipal court shall not be subject to suspension, stay, or probation except that, if the fine will impose an economic hardship on the defendant, the judge of the municipal court, in his or her sole discretion, may order the defendant to pay such fine in installments or under an order of probation, and such order may be enforced through a contempt proceeding. (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. The schedule of fees shall be in addition to any fines imposed, and may include assessments for court costs, probation fees, technology fees, and such other assessments as may be imposed by the municipal court. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the town, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for town property taxes. (f) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated and a jury trial is requested. (g) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party, to enforce obedience to its orders, judgments, and sentences, and to administer such oaths as are necessary. (h) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by an officer as authorized by this charter or by general state law. All judges of the municipal court and the clerk of the municipal court are authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the town or as to violations of state law. (i) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of the town granted by general state laws to mayor's, recorder's, and police courts, and particularly by such laws as that authorize the abatement of nuisances and prosecution of traffic violations.

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SECTION 5.15. Certiorari.

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

SECTION 5.16. Rules for court.

With the approval of the town council, the judge shall have the full power and authority to make reasonable rules and regulations necessary to secure the proper administration of the municipal court and to require the prosecution by a prosecuting officer or by a council appointed solicitor; provided, however, that the town council may adopt in part or in toto the rules and regulations for procedure in the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted shall be filed with the town clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings.

SECTION 5.17. Probation.

The Clermont Municipal Court may establish rules and regulations to allow those convicted of ordinances or violations of state law to serve their sentence pursuant to such terms of probation as may be set by the municipal judge. The municipal court may establish or contract for probation services as determined are necessary for the proper operation of the court by the municipal judge and as approved by the town council.

ARTICLE VI FINANCE
SECTION 6.10. Property tax.

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

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

The town council, by ordinance, shall establish a millage rate for the town property tax, a due date, and in what length of time 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 and may authorize the voluntary payment of taxes prior to the time when due.

SECTION 6.12. Occupation and business taxes.

The town council, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by general state law. Such taxes may be levied on both individuals and corporations who transact business in the town or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to the town to be so taxed. The town council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in Section 6.18.

SECTION 6.13. Licenses; permits; fees.

The town council, by ordinance, shall have the power to require any individuals or corporations who transact business in the town or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the town and pay a reasonable fee for such license or permit where such activities are not now regulated by general state law in such a way as to preclude town regulation. Such fees, if unpaid, shall be collected as provided in Section 6.18. The town council, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates.

SECTION 6.14. Franchises.

The town council shall have the power to grant franchises for the use of the town's street and alleys for the purposes of railroads, street railways, telephone companies, electric companies, and other similar organizations. The town council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises. The town council shall have the right to set franchise fees as to state franchises as allowed by the general laws of the State of Georgia.

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SECTION 6.15. Services charges.

The town council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for law enforcement, fire, emergency, water, zoning, sewer, sanitary, health services, and any other services rendered within and without the corporate limits of the town, or as to provide the availability of said services, or both. If unpaid, such charges shall be collected as provided in Section 6.18.

SECTION 6.16. Special assessments.

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

SECTION 6.17. Construction; other taxes.

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

SECTION 6.18. Collection of delinquent taxes and fees.

The town council, by ordinance, may provide generally for the collection of delinquent taxes, fees, charges, or other revenue due the town by whatever reasonable means as are not precluded by general state law, including but not limited to the termination of town services such as water or sewer, or both. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking town licenses for failure to pay any town taxes or fees, allowing exceptions for hardship, and providing for the assignment or transfer of tax executions.

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SECTION 6.19. General obligation bonds.

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

SECTION 6.20. Revenue bonds.

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

SECTION 6.21. Short-term loans.

Any short-term loan obtained by the town must be repaid by December 31 of the year in which the loan was obtained unless otherwise provided by present or future state law.

SECTION 6.22. Fiscal year.

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

SECTION 6.23. Action by town council on budget.

(a) The town council shall adopt and may thereafter amend an annual budget, by resolution, except that the budget as finally adopted and amended 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 amount set out in the adopted 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 unless by a majority vote of the town council.

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SECTION 6.24. Tax levies.

After adoption of the budget, in a timely fashion, 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 total amount of the operating budget for defraying the expenses of the general government of the town.

SECTION 6.25. Changes in appropriations.

The town council, by majority vote, may make changes by resolution in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purpose.

SECTION 6.26. Independent audit.

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

SECTION 6.27. Contracting procedures.

No contract with the town shall be binding on the town unless: (1) It is in writing; and (2) It is made or authorized by the town council and such approval is entered in the town council minutes.

SECTION 6.28. Centralized purchasing.

The town council may prescribe procedures for a system of centralized purchasing for the town.

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SECTION 6.29. Sale of town property.

(a) The town council may sell and convey any real or personal property owned or held by the town for governmental or other purposes as provided by general state law. (b) The town council may quitclaim any rights it may have in property not needed for public purposes upon 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 is of 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 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 town manager to execute and deliver in the name of the town a deed conveying said cut off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the town has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Official bonds.

The officers and employees of the town, both elective and appointive, shall execute such official 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 state law.

SECTION 7.11. Prior ordinances.

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

SECTION 7.12. 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

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or cases shall be dealt with by such town agencies, personnel, or offices as may be provided by the town council.

SECTION 7.13. Effective dates.

Those provisions of Article III of this Act relating to municipal elections in November, 2015, shall become effective on the Governor's approval or this Act becoming effective without such approval. The remainder of this Act shall become effective on January 1, 2016.

SECTION 7.14. 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 2015 session of the General Assembly of Georgia a bill to amend an Act incorporating the Town of Clermont in Hall County, approved April 5, 1994 (Ga. L. 1994, p. 4782), so as to completely revise such charter; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualification, prohibitions, conflicts of interest, and suspension and removal from office relative to member of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a town manager, mayor, and mayor pro tempore, and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a town attorney, a town clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for town contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for effective dates; and for other purposes.

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GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lee Hawkins, who on oath deposes and says that he is the Representative from District 27 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gainesville Times which is the official organ of Hall County on January 10, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ LEE HAWKINS Lee Hawkins Representative, District 27

Sworn to and subscribed before me, this 12th day of Feb., 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 6, 2015.

__________

WASHINGTON COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION.

No. 164 (House Bill No. 403).

AN ACT

To create a board of elections and registration for Washington 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

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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 Washington County Board of Elections and Registration. (2) "Commissioners" means the Washington County Board of Commissioners. (3) "County" means Washington County. (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 Washington 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 Washington County Board of Elections and Registration. The board shall have the powers, duties, and responsibilities of the superintendent of elections of Washington 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 Washington County, and the powers, duties, and responsibilities of the Board of Registrars of Washington 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 commissioners. (b) The initial members of the board shall be appointed for terms of office beginning January 1, 2016. All members of the board shall be appointed by the Washington County Board of Commissioners. The commissioners shall designate two of the initial members to serve for a term ending on December 31, 2018, and three of the initial members to serve for a term ending on December 31, 2020, and until their respective successors are appointed and qualified. The subsequent terms shall be for a four-year period. (c) No person who holds or qualifies as a candidate for elective public office shall be eligible to serve as a member of the board during the term of such office, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office.

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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. (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 Washington 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 commissioners and to the clerk of the Superior Court of Washington County. Each member shall be subject to removal for good cause from the board by the commissioners 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 commissioners 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, 2016, the elections superintendent of Washington County and the board of registrars of Washington 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,

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papers, records, and facilities of every kind pertaining to such powers and duties. At such time, the board of registrars of Washington County shall stand abolished.

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

SECTION 10. The board may hold regular meetings at the county courthouse or such other 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 and 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

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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 commissioners, 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 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 commissioners 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.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to create a board of elections and registration for Washington County and provide for its powers and duties; 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 expenditures of public funds for certain purposes; to provide for compensation of members of the board and personnel; to provide for officers and equipment; to provide for contracts with certain municipalities; to provide for effective dates; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mack Jackson, who on oath deposes and says that he is the Representative from District 128 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Sandersville Progress which is the official organ of Washington County on February 11, 2015, 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 18th day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 6, 2015.

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GLASCOCK COUNTY TREASURER; ABOLISH.

No. 165 (House Bill No. 404).

AN ACT

To abolish the office of county treasurer of Glascock County; to repeal an Act entitled "An Act to fix the salary of the treasurer of Glascock County," approved August 4, 1917 (Ga. L. 1917, p. 363); to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Pursuant to the provisions of Code Section 36-6-1 of the O.C.G.A., the office of treasurer of Glascock County is abolished on January 1, 2017.

SECTION 2. An Act entitled "An Act to fix the salary of the treasurer of Glascock County," approved August 4, 1917 (Ga. L. 1917, p. 363), and all amendatory Acts thereto, are repealed.

SECTION 3. This Act shall become effective on January 1, 2015.

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 2015 session of the General Assembly of Georgia a bill to abolish the office of county treasurer of Glascock County; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mack Jackson, who on oath deposes and says that he is the Representative from District 128 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the News and Farmer and Jefferson Reporter which is the

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official organ of Glascock County on February 5, 2015, 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 18th day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 6, 2015.

__________

PUTNAM COUNTY BOARD OF COMMISSIONERS; STAGGERED TERMS.

No. 168 (Senate Bill No. 75).

AN ACT

To amend an Act creating the board of commissioners for Putnam County, approved September 8, 1879 (Ga. L. 1878-79, p. 334), as amended, particularly by an Act approved February 15, 2012 (Ga. L. 2012, p. 3596), so as to provide for staggered 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 creating the board of commissioners for Putnam County, approved September 8, 1879 (Ga. L. 1878-79, p. 334), as amended, particularly by an Act approved February 15, 2012 (Ga. L. 2012, p. 3596), is amended by revising Section 3 as follows:

"SECTION 3. (a) In the event that any member elected from a district ceases to be a resident of his or her respective commissioner district during his or her term of office, a vacancy shall be created

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and shall be filled as provided by law. All members shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended. (b) The members of the board holding office on the effective date of this section and any persons selected to fill vacancies in such offices shall serve out the terms of office to which they were elected and until their successors are elected and qualified. (c) In the general election in November, 2016, successors to the members from Districts 3 and 4 shall be elected for terms of two years beginning on January 1 following their election and until their respective successors are elected and qualified. Thereafter, successors to the members shall be elected at the November general election immediately preceding the end of their terms of office for terms of four years beginning on January 1 following their election and until their respective successors are elected and qualified. (d) In the general election in November, 2016, a successor to the chairperson of the board shall be elected for a term of two years beginning on January 1 following his or her election and until his or her respective successor is elected and qualified. Thereafter, a successor to the chairperson shall be elected at the November general election immediately preceding the end of the term of office of the chairperson for a term of four years beginning on January 1 following such election and until his or her respective successor is elected and qualified. (e) In the general election in November, 2016, successors to the members from Districts 1 and 2 shall be elected for terms of four years beginning on January 1 following their election and until their respective successors are elected and qualified. Thereafter, successors to the members shall be elected at the November general election immediately preceding the end of their terms of office for terms of four years beginning on January 1 following their election and until their respective successors are elected and qualified."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners for Putnam County, approved September 8, 1879 (Ga. L. 1878 79, p. 334), as amended, particularly by an Act approved February 15, 2012 (Ga. L. 2012, p. 3596), so as to provide for staggered terms; to provide for related matters; and for other purposes.
Burt Jones, Senator from District 25

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GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Burt Jones, who on oath deposes and says that he is the Senator from District 25 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Eatonton Messenger which is the official organ of Putnam County on January 29, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BURT JONES Burt Jones Senator, District 25

Sworn to and subscribed before me, this 2nd day of February, 2015

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 6, 2015.

__________

CITY OF TYBEE ISLAND CONSTRUCTION OF PUBLIC SWIMMING POOL; ADVISORY REFERENDUM.

No. 170 (Senate Bill No. 84).

AN ACT

To provide for an advisory referendum election to be held in the City of Tybee Island for the purpose of determining if the construction of a public swimming pool with municipal funds is desired by the people of said 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. (a) The election superintendent of the City of Tybee Island shall call and conduct an advisory referendum election as provided in this section for the purpose of submitting an

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advisory question to the voters of said city for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2015, municipal election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Chatham County. The ballot shall have written or printed thereon the words:
"ADVISORY REFERENDUM ELECTION
( ) YES Should municipal funds be used to construct a public swimming pool on ( ) NO city property?"
All persons desiring to vote for approval of the use of municipal funds to construct a public swimming pool on city property shall vote "Yes," and those persons desiring to vote for rejection of the use of municipal funds to construct a public swimming pool on city property shall vote "No." The expense of such election shall be borne by the City of Tybee Island. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. (b) It is found, determined, and declared that the holding of the advisory referendum election provided for in this section is in all respects for the benefit of the people of Tybee Island, is for a public purpose, and is an essential governmental function for which public funds may be expended.

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 2015 session of the General Assembly of Georgia, a bill to provide for an advisory referendum election to be held in the City of Tybee Island for the purpose of determining if the construction of a public swimming pool with municipal funds is desired by the people of said city; 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, Ben Watson, 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 27, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

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s/ BEN WATSON Ben Watson Senator, District 1

Sworn to and subscribed before me, this 3rd day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 6, 2015.

__________

SEMINOLE COUNTY JUDGE OF PROBATE COURT; NONPARTISAN ELECTIONS.

No. 172 (Senate Bill No. 93).

AN ACT

To provide that future elections for the office of probate judge of Seminole 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 Seminole 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. Such nonpartisan elections shall be conducted at the general nonpartisan election immediately preceding the expiration of the term of such 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 probate judge of Seminole County in office on the effective date of this Act. The sitting probate judge shall serve out the term of office for which he or she was elected and shall be eligible to succeed himself or herself as provided in this Act.

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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 2015 session of the General Assembly of Georgia a bill to provide that future elections for the office of probate judge of Seminole County shall be nonpartisan elections; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dean Burke, who on oath deposes and says that he is the Senator from District 11 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Donalsonville News which is the official organ of Seminole County on January 22, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DEAN BURKE Dean Burke Senator, District 11

Sworn to and subscribed before me, this 9th day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 6, 2015.

__________

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DEKALB COUNTY BOARD OF ETHICS; JURISDICTION; MANNER OF APPOINTMENT; TERMS; QUALICFICATIONS; FUNDING; REFERENDUM.

No. 204 (House Bill No. 597).

AN ACT

To amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), an Act approved March 20, 1990 (Ga. L. 1990, p. 3900), and an Act approved April 13, 1992 (Ga. L. 1992, p. 6137), so as to change the jurisdiction of the Board of Ethics of DeKalb County; to change the manner of appointment of the members of the board; to provide for terms of office of members of the board; to provide for qualifications of members of the board; to provide funding for the board; to provide for a referendum; to provide for contingent effective dates; 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 revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), an Act approved March 20, 1990 (Ga. L. 1990, p. 3900), and an Act approved April 13, 1992 (Ga. L. 1992, p. 6137), is amended by repealing Section 22A in its entirety and inserting in lieu thereof a new Section 22A to read as follows:

"SECTION 22A. Code of Ethics

(a) Purpose. (1) It is essential to the proper administration and operation of the DeKalb County government that its officials and employees be, and give the appearance of being, independent and impartial, that public office not be used for private gain, and that there be public confidence in the integrity of DeKalb County officials and employees. Because the attainment of one or more of these ends is impaired whenever there exists in fact, or appears to exist, a conflict between the private interests and public responsibilities of officials and employees, the public interest requires that the General Assembly protect

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against such conflicts of interest by establishing by law appropriate ethical standards with respect to the conduct of the officials and employees of DeKalb County in situations where a conflict may exist. (2) The General Assembly recognizes that an appropriate and effective code of ethics for appointed officials and employees of DeKalb County is also essential for the proper administration and operation of the DeKalb County government. (b) Definitions. As used in this section, the term: (1) 'Agency' means any board, bureau, body, commission, committee, department, or office of DeKalb County to which the governing authority has appointment powers. (2) 'Business' means any corporation, partnership, organization, sole proprietorship, and any other entity operated for economic gain, whether professional, industrial, or commercial, and entities which for purposes of federal income taxation are treated as nonprofit organizations. (3) 'Confidential information' means information which has been obtained in the course of holding public office, employment, acting as an independent contractor, or otherwise acting as an official or employee and which information is not available to members of the public under state law or other law or regulation and which the official, independent contractor, or employee is not authorized to disclose. (4) 'Contract' means any claim or demand against or any lease, account, or agreement with any person, whether express or implied, executed or executory, verbal or in writing. (5) 'Emergency situation' means any circumstance or condition giving rise to an immediate necessity for the execution of a contract by and between DeKalb County and an official or employee or between DeKalb County and a business in which an official or employee has an interest and where, to the satisfaction of the Chief Executive, it is shown that there is no one other than such persons with whom the contract could have been made and that the necessity was not brought about by such persons' own fault or neglect. (6) 'Immediate family' means an official or employee and his or her spouse, parents, brothers, sisters, and natural or adopted children. (7) 'Interest' means any direct or indirect pecuniary or material benefit held by or accruing to the official or employee as a result of a contract or transaction which is or may be the subject of an official act or action by or with DeKalb County. Unless otherwise provided in this section, the term 'interest' does not include any remote interest. An official or employee shall be deemed to have an interest in transactions involving:
(A) Any person in the official's or employee's immediate family; (B) Any person, business, or entity that the official or employee knows or should know is seeking official action with DeKalb County, is seeking to do or does business with DeKalb County, has interests that may be substantially affected by performance or nonperformance of the official's or employee's official duties, or with whom a contractual relationship exists whereby the official or employee may receive any payment or other benefit;

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(C) Any business in which the official or employee is a director, officer, employee, shareholder, or consultant; or (D) Any person of whom the official or employee is a creditor, whether secured or unsecured. (8) 'Official or employee' means any person elected or appointed to or employed or retained by DeKalb County or any agency, whether paid or unpaid and whether part time or full time. This definition includes retired employees or former county employees during the period of time in which they are later employed or retained by the county or any agency. This definition does not include superior and state court judges and their immediate staffs, the district attorney, the solicitor of the state court, the clerks of the superior and state courts, magistrates, judges of the recorders court, the judge of the probate court, and their respective staffs. (9) 'Official act or action' means any legislative, administrative, appointive, or discretionary act of the Commission, the Chief Executive, or a commissioner. (10) 'Paid' means the receipt of, or right to receive, a salary, commission, percentage, brokerage, or contingent fee. (11) 'Participate' means to take part in official acts, actions, or proceedings personally as an official or employee through approval, disapproval, decision, recommendation, investigation, the rendering of advice, or the failure to act or perform a duty. (12) 'Person' means any individual, business, labor organization, representative, fiduciary, trust, or association, whether paid or unpaid, and includes any official or employee of DeKalb County. (13) 'Property' means any property, whether real or personal or tangible or intangible, and includes currency and commercial paper. (14) 'Remote interest' means the interest of: (A) A nonsalaried director, officer, or employee of a nonprofit organization; (B) A holder of less than 5 percent of the legal or beneficial ownership of the total shares of a business; (C) Any person in a representative capacity, such as a receiver, trustee, or administrator; or (D) Any person who, by determination of the Board of Ethics, is deemed to have such an interest. (15) 'Transaction' means the conduct of any activity that results in or may result in an official act or action of an official or employee of DeKalb County. (c) Proscribed Conduct. No official or employee of DeKalb County shall: (1) By his or her conduct give 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 his or her official acts or actions or that he or she is affected unduly by the rank or position of or kinship or association with any person; (2)(A) 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:

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(i) It tends to influence him or her in the discharge of his or her official duties; or (ii) He or she recently has been, or is now, or in the near future may be, involved in any official act or action directly affecting the donor or lender. (B) Subparagraph (A) of this paragraph shall not apply in the case of: (i) An occasional nonpecuniary gift of value less than $100.00; (ii) An award publicly presented in recognition of public service; or (iii) A commercially reasonable loan made in the ordinary course of business by an institution authorized by the laws of Georgia to engage in the making of such a loan; (3) Disclose or otherwise use confidential information acquired by virtue of his or her position for his or her or another person's private gain; (4) Appear on his or her own personal behalf, or represent, advise, or appear on the personal behalf, whether paid or unpaid, of any person before any court or before any legislative, administrative, or quasi-judicial board, agency, commission, or committee of this state or of any county or municipality concerning any contract or transaction which is or may be the subject of an official act or action of DeKalb County or otherwise use or attempt to use his or her official position to secure unwarranted privileges or exemptions for himself or herself or other persons; (5) Engage in, accept employment with, or render services for any agency, private business, or professional activity when such employment or rendering of services is adverse to and incompatible with the proper discharge of his or her official duties; (6) Acquire an interest in any contract or transaction at a time when he or she believes or has reason to believe that such an interest will be affected directly or indirectly by his or her official act or actions or by the official acts or actions of other officials or employees of DeKalb County; or (7) 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 his or her being an official or employee of DeKalb County. (d) Disclosure of interests. An official or employee 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 another official or employee of DeKalb County shall disclose the precise nature and value of such interest by sworn written statement to the Board of Ethics and ask for the board's opinion as to the property of such interest. Every official or employee who knowingly has any interest, direct or indirect, in any contract to which DeKalb County is or is about to become a party, or in any other business with DeKalb County, shall make full disclosure of such interest to the Chief Executive and the Commission and to the ethics officer and the Board of Ethics. The information disclosed by such sworn statements, except for the valuation attributed to the disclosed interest, shall be made a matter of public record by the Board of Ethics.

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(e) Participation in contracts. (1) An official or employee shall disqualify himself or herself from participating in any official act or action of DeKalb County directly affecting a business or activity in which he or she has any interest, whether or not a remote interest. (2) DeKalb County shall not enter into any contract involving services or property with an official or employee of the county or with a business in which an official or employee of the county has an interest. This subsection shall not apply in the case of: (A) The designation of a bank or trust company as a depository for county funds; (B) The borrowing of funds from any bank or lending institution which offers the lowest available rate of interest for such loans; (C) Contracts for services entered into with a business which is the only available source for such goods or services; or (D) Contracts entered into under circumstances which constitute an emergency situation, provided that a record explaining the emergency is prepared by the Chief Executive and submitted to the Board of Ethics at its next regular meeting and thereafter kept on file. (3) DeKalb County shall not enter into any contract with, or take any official act or action favorably affecting, any person, or business represented by such person, who has been within the preceding two-year period an official or employee of DeKalb County.
(f) Reporting violations. Any person who witnesses or becomes aware of a violation of this section may complain of the violation as follows:
(1) A complaint may be communicated anonymously to the ethics officer. Such complaint shall be made in good faith and with veracity and sufficient specificity so as to provide the ethics officer with salient and investigable facts. The ethics officer may require the anonymous complaint to be made in a manner and form that is intended only to obtain relevant facts related to the alleged violation of this section and that is not designed to reveal the identity of the complainant. (2) A sworn written complaint may be filed with the ethics officer of the Board of Ethics, as described in this paragraph. All written complaints to be considered by the Board of Ethics and the ethics officer shall contain the following, if applicable:
(A) The name and address of the person or persons filing the complaint; (B) The sworn verification and signature of the complainant; (C) The name and address of the party or parties against whom the complaint is filed and, if such party is a candidate, the office being sought; (D) A clear and concise statement of acts upon which the complaint is based along with an allegation that such facts constitute one or more violations of law under the jurisdiction of the Board of Ethics; (E) A general reference to the allegedly violated statutory provision(s) of the code of ethics within the jurisdiction of the Board of Ethics; and (F) Any further information which might support the allegations in the complaint including, but not limited to, the following:

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(i) The names and addresses of all other persons who have first-hand knowledge of the facts alleged in the complaint; and (ii) Any documentary evidence that supports the facts alleged in the complaint. (3) Upon receipt of a complaint, whether by the ethics officer or by the Board of Ethics, the ethics officer or the secretary of the Board of Ethics shall send a written notice to the subject of the complaint by the next business day. Both this notice and any subsequent documents shall be subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A. (4) Upon receipt of a written, nonanonymous complaint which does not conform to the applicable requirements of paragraph (2) of this subsection, the ethics officer shall by letter acknowledge receipt of the complaint and advise the complainant of the defect in the complaint and that the complaint will not be considered by the Board of Ethics unless the defect is corrected. (g) Enactment. (1) This section shall be construed liberally to effectuate its purpose and policies and to supplement such existing laws as may relate to the conduct of officials or employees. (2) The propriety of any official act or action taken by or transaction involving any officials or employees immediately prior to the time this section shall take effect shall not be affected by the enactment of this section. (3) The provisions of this section are severable, and if any of its provisions shall be held unconstitutional or invalid by a court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions. (h) Board of Ethics. (1)(A) There is created the Board of Ethics of DeKalb County to be composed of seven citizens of DeKalb County to be appointed as provided in paragraph (2) of this subsection. (B) Each member of the Board of Ethics shall have been a resident of DeKalb County for at least one year immediately preceding the date of taking office and shall remain a resident of the county while serving as a member of the Board of Ethics. (C) No person shall serve as a member of the Board of Ethics if the person has, or has had within the immediately preceding two-year period, any interest in any contract, transaction, or official act or action of DeKalb County. (D) No member of the Board of Ethics shall be a member of an agency or an official or employee of DeKalb County or shall have served in such a capacity in the two-year period immediately preceding such person's appointment to the Board of Ethics. (E) No person shall serve as a member of the Board of Ethics if the person has been a candidate for, or was elected to, public office in the immediately preceding three-year period. Filing for an elective office shall constitute a resignation from the Board of Ethics on the date of filing. (F) Appointees to the Board of Ethics shall have professional knowledge or expertise in matters of ethics, finance, governance, or the law.

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(G) All proposed appointments to the Board of Ethics shall be subject to an education and employment background check as well as a criminal history check. Persons proposed to be appointed to the Board of Ethics shall execute all releases necessary for the appointing authority to accomplish such checks. If the nominee is determined to have committed a felony, the nomination shall be withdrawn. (2)(A) The members of the Board of Ethics in office on the effective date of this section shall serve until December 31, 2015, and then their terms shall terminate. A new board shall be appointed as provided in this paragraph to take office on January 1, 2016, and to serve for the terms prescribed in this paragraph. (B) Not later than December 31, 2015, the members of the new Board of Ethics shall be selected as follows:
(i) One member shall be appointed by the DeKalb Bar Association, chosen from the attorney members of the association; (ii) One member shall be appointed by the DeKalb County Chamber of Commerce, which member shall not be an attorney; (iii) One member shall be appointed by a majority vote of the DeKalb County legislative delegation; (iv) One member shall be appointed by the judge of the Probate Court of DeKalb County; (v) One member shall be appointed by Leadership DeKalb; (vi) One member shall be appointed by the six major universities and colleges located within DeKalb County (Agnes Scott College, Columbia Theological Seminary, Emory University, Georgia State University, Mercer University, and Oglethorpe University), which member shall not be an attorney; and (vii) One member shall be appointed by the chief judge of the Superior Court of DeKalb County. (C) The members shall each serve for terms of three years; provided, however, that the initial terms of the first DeKalb County Chamber of Commerce appointee, the first Leadership DeKalb appointee, and the first DeKalb County legislative delegation appointee shall be two years; and provided, further, that the initial terms of the six major institutes of higher learning within DeKalb County appointee and the judge of the Probate Court appointee shall be one year. (D) Successors to all members of the Board of Ethics and future successors shall be appointed by the respective appointing authorities not less than 30 days prior to the expiration of each such member's term of office, and such successors shall take office on January 1 following such appointment and shall serve terms of three years and until their respective successors are appointed and qualified. (3) If a member of the Board of Ethics ceases to be a resident of DeKalb County, that member's position on the Board of Ethics, by operation of law, shall become vacant upon the establishment of the fact of such nonresidency, if contested, by a court of competent jurisdiction. A vacancy in the Board of Ethics shall exist by reason of death, the

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disability or incapacity of a member for more than 90 days, resignation, or loss of residency as described in this paragraph. A member of the Board of Ethics may be removed from office during a term if the member becomes ineligible to hold civil office within the meaning of Code Section 45-2-1 of the O.C.G.A. and that ineligibility is established by decision of a court of competent jurisdiction which declares the office vacant because of such ineligibility or for good cause by a majority vote of the Board of Ethics. The ethics officer shall notify the appointing authority of a vacancy upon its occurrence, and such vacancy shall be filled for the unexpired term by the respective appointing authority. (4) The members of the Board of Ethics shall serve without compensation and shall elect from their own membership a chairperson and otherwise provide for their own internal organization. The Commission shall provide adequate office and meeting space and pay all administrative costs, including those specifically stipulated in this section, pertaining to the operation of the Board of Ethics. The Board of Ethics shall be authorized to employ its own staff and clerical personnel and contract for the services of a competent court reporter, an attorney, and a private investigator as it deems necessary. The members of the Board of Ethics shall have the authority to propose the budget of the board and shall recommend the budget to the Commission, who shall fund it as a priority. In the event that the proposed budget is in excess of $300,000.00, the Commission shall have the authority to authorize the additional funds requested in accordance with standard budgetary procedures and requirements. The Board of Ethics shall be completely independent and shall not be subject to control or supervision by the Chief Executive, the Commission, or any other official or employee or agency of the county government. (5) The Board of Ethics shall have the following duties:
(A) To establish procedures, rules, and regulations governing its internal organization and the conduct of its affairs; (B) To render advisory opinions with respect to the interpretation and application of this section to all officials or employees who seek advice as to whether a particular course of conduct would constitute a violation of the standards imposed in this section or other applicable ethical standards. Such opinions shall be binding on the Board of Ethics in any subsequent complaint concerning the official or employee who sought the opinion and acted in good faith, unless material facts were omitted or misstated in the request for the advisory opinion; (C) To prescribe forms for the disclosures required in this section and to make available to the public the information disclosed as provided in this section; (D) To receive and hear complaints of violations of the standards required by this section over which it has personal and subject matter jurisdiction; (E) To make such investigations as it deems necessary to determine whether any official or employee has violated or is about to violate any provisions of this section; and

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(F) To hold such hearings and make such inquiries as it deems necessary for it to carry out properly its functions and powers. (i) Ethics officer. (1) There is hereby created as a full-time salaried position an ethics officer for DeKalb County. The ethics officer must be an active member of the Georgia Bar Association in good standing with five years' experience in the practice of law. The ethics officer shall be appointed by a majority of the members of the Board of Ethics, subject to confirmation by a majority of the Commission and approval by the Chief Executive, for a period not to exceed six years. Removal of the ethics officer before the expiration of the designated term shall be for cause by a majority vote of the members of the Board of Ethics. The ethics officer need not be a resident of the county at the time of his or her appointment, but he or she shall reside in DeKalb County within six months of such appointment and continue to reside therein throughout such appointment. (2) The ethics officer shall not be involved in partisan or nonpartisan political activities or the political affairs of DeKalb County. (3) The duties of the ethics officer shall include, but not be limited to, the following: (A) Educating and training all city officials and employees to have an awareness and understanding of the mandate for and enforcement of ethical conduct and advising them of the provisions of the code of ethics of DeKalb County; (B) Maintaining the records of the Board of Ethics as required by Article 4 of Chapter 18 of Title 50 of the O.C.G.A.; (C) Meeting with the Board of Ethics; (D) Advising officials and employees regarding disclosure statements and reviewing the same to ensure full and complete financial reporting; (E) Urging compliance with the code of ethics by calling to the attention of the Board of Ethics any failure to comply or any issues, including the furnishing of false or misleading information, that the ethics officer believes should be investigated by the Board of Ethics so that the Board of Ethics may take such action as it deems appropriate; (F) Monitoring, evaluating, and acting upon information obtained from an 'ethics hotline' which shall be a city telephone number for the receipt of information about ethical violations. Each complaint, as of the time it is reported, whether by telephone or otherwise, shall be deemed to be a separate pending investigation of a complaint against a public officer or employee as provided by Article 4 of Chapter 18 of Title 50 of the O.C.G.A.; (G) Notifying the subject of a report of any alleged violation of the ethics code, whether the report is anonymous, made by an identified individual, or is written. Such notice shall be given in writing, by facsimile, or hand delivered to the subject of the complaint at the same time and in the same form that any disclosure of information is required by Article 4 of Chapter 18 of Title 50 of the O.C.G.A.;

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(H) Notifying the Board of Ethics of any report of an alleged violation of the ethics code received by the ethics officer; (I) Reporting, as appropriate, suspected ethical violations to the Board of Ethics; (J) Reporting, as appropriate, suspected criminal violations to state or federal law enforcement agencies; and (K) Filing with the Board of Ethics, the Chief Executive, and the Commission on the first Tuesday of each February a written report describing the activities of the ethics officer in carrying out the goals of his or her office and the code of ethics and reporting on the ethical health of DeKalb County. (j) Investigations and hearings. The Board of Ethics shall conduct investigations into alleged violations of the code of ethics, hold hearings, and issue decisions as prescribed in this subsection: (1) The proceedings and records of the Board of Ethics shall be open unless otherwise permitted by state law. (2) Upon request of the Board of Ethics, the Solicitor of DeKalb County or any attorney representing the office of the Solicitor of DeKalb County, or in the event of a conflict any attorney who shall be selected by a majority vote of the Board of Ethics, shall advise the Board of Ethics. (3) A complaint may be filed by the ethics officer, any resident, or a group of residents of DeKalb County by submitting to the office of the ethics officer a written, verified, and sworn complaint under the penalty of perjury or false swearing. The complaint shall specifically identify all provisions of the DeKalb County code of ethics which the subject of the complaint is alleged to have violated, set forth facts as would be admissible in evidence in a court proceeding, and show affirmatively that the complainant or affiant (if in addition to or different from the complainant) is competent to testify to the matter set forth therein. All documents referenced in the complaint as well as supporting affidavits shall be attached to the complaint. (4) Upon receipt of the complaint, the ethics officer shall conduct a preliminary investigation to determine whether it meets the jurisdictional requirements as set forth in this section. If in the opinion of the ethics officer the complaint fails to meet these requirements, the ethics officer shall notify the person who filed the complaint and he or she shall have ten days from the date of notice to correct and refile the complaint directly with the ethics officer. A complaint which fails to satisfy the jurisdictional requirements as established by this section and by the rules and procedures established by the Board of Ethics shall be dismissed by the Board of Ethics no later than 30 days after the complaint is filed with the office of the ethics officer, unless extended by a majority vote of the Board of Ethics. (5) The ethics officer will report his or her findings and recommendation to the Board of Ethics and advise whether there is probable cause for belief that the code of ethics has been violated, warranting a formal hearing. If the Board of Ethics determines, after the preliminary investigation of a complaint by the ethics officer, that there does not exist

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probable cause for belief that this section has been violated, the Board of Ethics shall so notify the complainant and the subject of the investigation, and the complaint will be dismissed. If the Board of Ethics determines, after a preliminary investigation of the complaint by the ethics officer, that there does exist probable cause for belief that this section has been violated, the Board of Ethics shall give notice to the person involved to attend a hearing to determine whether there has been a violation of this section. (6) For use in proceedings under this section, the Board of Ethics shall have the power to issue subpoenas to compel any person to appear, give sworn testimony, or produce documentary or other evidence. Any person who fails to respond to such subpoenas may be subjected to the penalties set forth in subsection (k) of this section. (7) All hearings of the Board of Ethics pursuant to this section shall be as follows:
(A) All testimony shall be under oath, which shall be administered by a member of the Board of Ethics. Any person who appears before the Board of Ethics shall have all of the due process rights, privileges, and responsibilities of a witness appearing before the courts of this state. Any person whose name is mentioned during a proceeding of the Board of Ethics and who may be adversely affected thereby may appear personally before the Board of Ethics on such person's own behalf or may file a written sworn statement for incorporation into the record to be made part of all proceedings pursuant to this subsection. (B) The decision of the Board of Ethics shall be governed by a preponderance of the evidence standard. (C) At the conclusion of proceedings concerning an alleged violation, the Board of Ethics shall immediately begin deliberations on the evidence and proceed to determine by a majority vote of members present whether there has been a violation of this section. The findings of the Board of Ethics concerning a violation and the record of the proceedings shall be made public by the ethics officer as soon as practicable after the determination has been made. (k) Violations; appeals. (1) Any intentional violation of this section, furnishing of false or misleading information to the Board of Ethics or the ethics officer, failure to follow an opinion rendered by the Board of Ethics, or failure to comply with a subpoena issued by the Board of Ethics pursuant to this section shall subject the violator to any one or more of the following: (A) Administrative sanction of not more than $1,000.00 assessed by the Board of Ethics; (B) Public reprimand by the Board of Ethics; and (C) Prosecution by the DeKalb County Solicitor in municipal court and, upon conviction, a fine of up to $1,000.00 per violation and up to six months imprisonment, whether the official or employee is elected or appointed, paid or unpaid. Nothing in this section shall be interpreted to conflict with state law. An action for violation of this section or the furnishing of false or misleading information or the failure to comply

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with a subpoena issued by the Board of Ethics must be brought within two years after the violation is discovered. (2) With regard to violations by persons other than officials or employees, in addition to the remedies in paragraph (1) of this subsection, the Board of Ethics may recommend to the Chief Executive and the Commission any one or more of the following: (A) Suspension of a contractor; and (B) Disqualification or debarment from contracting or subcontracting with DeKalb County. (3) The decision of the Board of Ethics after a hearing shall be final; provided, however, that such proceeding shall be subject to review by writ of certiorari to the DeKalb County Superior Court. The designee of the Board of Ethics shall be authorized to acknowledge service of any such writ and shall, within the time provided by law, certify and cause to be filed with the clerk of the superior court a record of the proceedings before the Board of Ethics, the decision of the Board of Ethics, and the notice of the final actions of the Board of Ethics."

SECTION 2. The election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of DeKalb County for approval or rejection. The election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 2015, and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which revises the Board of Ethics for DeKalb ( ) NO County?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by DeKalb County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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

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

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), an Act approved March 20, 1990 (Ga. L. 1990, p. 3900), and an Act approved April 13, 1992 (Ga. L. 1992, p. 6137), so as to change the manner of appointment of the members of the Board of Ethics of DeKalb County; to provide for terms of office of members of the board; to provide for qualifications for members of the board; to provide funding for the board; to provide for a referendum; to provide for contingent effective dates; to provide for related matters; and for other purposes.
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 January 15, 2015, 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 9th day of March, 2015.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)
Approved May 12, 2015.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

DEKALB COUNTY PURCHASING; PROCEDURES; LIMITATIONS; DISCLOSURES; PUBLICATIONS.

No. 205 (House Bill No. 598).

AN ACT

To amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), and an Act approved May 23, 2007 (Ga. L. 2007, p. 4073), so as to provide for the manner of purchasing by DeKalb County; to provide for procedures and limitations; to provide for certain disclosures and publications; 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 revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), and an Act approved May 23, 2007 (Ga. L. 2007, p. 4073), is amended by revising Section 18 as follows:

"SECTION 18. Purchases; contracts.

(a) The Chief Executive, subject to the approval of the Commission, shall establish rules to regulate purchasing for all county departments, offices, and agencies of the county government, with exception of the tax commissioner, clerk of the superior court, district attorney, and sheriff. Formal sealed bids, after notice of same has been published one time in the official organ of DeKalb County, must be obtained on all purchases exceeding $50,000.00. (b) Except for contracts of employment, the Commission shall authorize all contracts involving the expenditure of county funds in excess of $100,000.00. (c) No more than one contract involving the expenditure of county funds during a fiscal year may be made with any vendor without approval of the Commission. (d) Subdividing a proposed contract which is for an amount above the threshold specified in subsection (a) or (b) of this section into smaller contracts or subcontracts for the purpose of avoiding the requirement of subsection (a) or (b) of this section shall be prohibited and such contracts or subcontracts shall be void ab initio.

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(e) Except for contracts of employment, all contracts for purchase shall be published on the county website within 30 days of approval of such contracts."

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 2015 session of the General Assembly of Georgia a bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), and an Act approved May 23, 2007 (Ga. L. 2007, p. 4073), so as to provide for the manner of purchasing by DeKalb County; to provide for procedures and limitations; to provide for certain disclosures and publications; to provide for related matters; and for other purposes.
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 January 15, 2015, 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 9th day of March 2015.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)
Approved May 12, 2015.

3826

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

DEKALB COUNTY INDEPENDENT INTERNAL AUDITS.

No. 206 (House Bill No. 599).

AN ACT

To amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), so as to provide for independent internal audits for DeKalb County; to provide for procedures, policies, and limitations; to provide for certain reports; to provide for funding; to provide for oversight; 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 revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), is amended by repealing subsection (d) of Section 10 in its entirety.

SECTION 2. Said Act is further amended by adding a new Section 10A to read as follows:

"SECTION 10A. Independent Internal Audit. (a)(1) It is essential to the proper administration and operation of the DeKalb County government that public officials, government managers, and private citizens know not only whether government funds are handled properly and in compliance with laws and regulations but also whether public programs are achieving the purposes for which they were authorized and funded, and whether they are doing so efficiently, effectively, and equitably. An independent internal audit function can provide objective information on the operations of government programs, assist managers in carrying out their responsibilities, and help ensure full transparency and accountability to the public. Internal auditing is defined as an independent, objective assurance and consulting activity designed to add value and improve an organization's operations by bringing a systematic, disciplined approach to evaluate and improve the effectiveness of risk management, control, and governance processes.

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(2) The public interest requires that the General Assembly provide for the proper administration and operation of the DeKalb County government by establishing by law an independent internal audit function to assist the governing authority to accomplish its objectives by bringing a systematic, disciplined approach to evaluate and improve the effectiveness of risk management, control, and governance processes. (b) The Office of Internal Audit is hereby established which shall consist of the Chief Audit Executive ('Auditor') and those assistants, employees, and personnel as deemed necessary by such Auditor for the efficient and effective administration of the affairs of the office, and over whom the Auditor shall have the sole authority to appoint, employ, and remove. (c) The Office of Internal Audit shall be completely independent and shall not be subject to control or supervision by the Chief Executive, the Commission, or any other official, employee, department, or agency of the county government. (d) The Auditor shall be appointed by a majority vote of the DeKalb County Board of Commissioners from a list of not fewer than two nor more than three candidates provided to the board by the audit oversight committee. Such appointment shall be made within 30 days of receipt of the list of nominees by the board. In the event that the Commission fails to appoint a nominee within 30 days, the Auditor shall be appointed by a majority vote of the audit oversight committee. (d) The term of office of the Auditor shall be five years and until his or her successor is qualified and appointed. The Auditor shall be limited to a maximum of two terms in office. A vacancy in the position of Auditor shall exist by reason of expiration of term, resignation, death, removal from office by the vote of a supermajority of the members of the Commission, or if the Auditor becomes ineligible to hold civil office within the meaning of Code Section 45-2-1 of the O.C.G.A. and that ineligibility is established by decision of a court of competent jurisdiction which declares the office vacant because of such ineligibility. A vacancy shall be filled within 60 days by a majority vote of the audit oversight committee for the remainder of the term of office. (e) The Auditor must have adequate professional proficiency for the job and shall: (1) Be a certified public accountant or a certified internal auditor; (2) Have a bachelor's degree in public policy, accounting, business administration, economics, or a related field; and (3) Have at least five years of experience in government auditing, evaluation, or analysis. (f) The position of the Auditor shall be nonpartisan. Qualifying for election to a public office shall constitute a resignation from the position as of the date of qualifying. (g) The Auditor shall have authority to conduct financial and performance audits of all departments, offices, boards, activities, agencies, and programs of the county in order to independently and objectively determine whether: (1) Activities and programs being implemented have been authorized by this Act, Georgia law, or applicable federal law or regulations and are being conducted and funds expended in compliance with applicable laws;

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(2) The department, office, board, or agency is acquiring, managing, protecting, and using its resources, including public funds, personnel, property, equipment, and space, economically, efficiently, effectively, and in a manner consistent with the objectives intended by the authorizing entity or enabling legislation; (3) The entity, programs, activities, functions, or policies are effective, including the identification of any causes of inefficiencies or uneconomical practices; (4) The desired results or benefits are being achieved; (5) Financial and other reports are being provided that disclose fairly, accurately, and fully all information required by law, to ascertain the nature and scope of programs and activities, and to establish a proper basis for evaluating the programs and activities including the collection of, accounting for, and depositing of, revenues and other resources; (6) Management has established adequate operating and administrative procedures and practices, systems or accounting internal control systems, and internal management controls; and (7) Indications of fraud, abuse, or illegal acts are valid and need further investigation. (h) All officers and employees of DeKalb County shall furnish to the Auditor unrestricted access to employees, information, and records including electronic data within their custody regarding powers, duties, activities, organization, property, financial transactions, contracts, and methods of business required to conduct an audit or otherwise perform audit duties. In addition, they shall provide access for the Auditor to inspect all property, equipment, and facilities within their custody. If such officers or employees fail to provide or produce such access and information, the Auditor may initiate a search to be made and exhibits to be taken from any book, paper, or record of any such official or employee or outside contractor or subcontractor, except as governed by statute. Further, all contracts with outside contractors and subcontractors shall contain a 'right-to-audit' clause and provide for Auditor access to the contractors' employees and to all financial and performance related records, property, and equipment purchased in whole or in part with governmental funds. For the purpose of this subsection, the Auditor shall have the authority to issue subpoenas and may apply to the Superior Court of DeKalb County for the enforcement of any subpoena issued by the Auditor. (i) The Auditor may obtain the services of certified public accountants, qualified management consultants, or other professional experts necessary to perform audit work. An audit that is performed by contract must be conducted by persons who have no financial interests in the affairs of the governmental entity or its officers. The Auditor shall coordinate and monitor auditing performed by certified public accounting firms or other organizations employed under contract by the governing authority to assist with audit related activities. Contracting for the external audit will follow the normal contracting processes of the governing authority of DeKalb County except for the participation and oversight by the audit oversight committee and Auditor. The selection of a certified public accounting firm for the annual financial audit must be approved by the Commission.

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(j)(1) Audits shall be conducted in accordance with recognized government auditing standards. (2) At the beginning of each fiscal year, the Auditor shall submit a one-to-five-year audit schedule to the audit oversight committee and the Commission for review and comment. The schedule shall include the proposed plan, and the rationale for the selections, for auditing departments, offices, boards, activities, programs, policies, contractors, subcontractors, and agencies for the period. This schedule may be amended after review with the audit oversight committee and the Commission, but the Auditor shall have final authority to select the audits planned. (3) In the selection of audit areas and audit objectives, the determination of audit scope and the timing of audit work, the Auditor shall consult with federal and state auditors and external auditors so that the desirable audit coverage is provided and audit efforts are properly coordinated. (4) A final draft of the audit report shall be forwarded to the audit oversight committee, the Chief Executive, the Commission, and the audited agency for review and comment regarding factual content prior to its release. The agency shall respond in writing, specifying the agreement with audit findings and recommendations or reasons for disagreement with findings and recommendations, plans for implementing solutions to issues identified, and a timetable to complete such activities. The response shall be forwarded to the Auditor within 60 days. The Auditor shall review and report on information included in the agency's response. If no response is received, the Auditor shall note that fact in the transmittal letter and shall release the audit report. (5) Each audit shall result in a final report, in written or some other retrievable form. The report shall contain relevant background information and findings and recommendations and shall communicate results to the audit oversight committee, the audited agency, and the governing authority. (6) The Auditor shall submit an annual report to the audit oversight committee, Chief Executive, and the Commission indicating audits completed, major findings, corrective actions taken by administrative managers, and significant issues which have not been fully addressed by management. The annual report, in written or some other retrievable form, shall be made available to the public through the county website within ten days of submission to the Commission. (k) If, during an audit, the Auditor becomes aware of abuse or illegal acts or indications of such acts that could affect the governmental entity, the Auditor shall report the irregularities to the audit oversight committee, the Chief Executive, and the Commission. If a member of the governing authority is believed to be a party to abuse or illegal acts, the Auditor shall report the acts directly to the audit oversight committee, the Chief Executive, and the Commission. If it appears that the irregularity is criminal in nature, the Auditor shall notify the district attorney in addition to those officials previously identified in this subsection.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(l) The Auditor shall follow up on audit recommendations to determine if corrective action has been taken. The Auditor shall request periodic status reports from audited agencies regarding actions taken to address reported deficiencies and audit recommendations.
(m)(1) The audit activities of the Office of Internal Audit shall be subject to a peer review in accordance with applicable government auditing standards by a professional, nonpartisan objective group utilizing guidelines endorsed by the Association of Local Government Auditors (ALGA). (2) The peer review shall use applicable government auditing standards to evaluate the quality of audit effort and reporting. Specific quality review areas shall include staff qualifications, adequacy of planning and supervision, sufficiency of work paper preparation and evidence, and the adequacy of systems for reviewing internal controls, fraud and abuse, program compliance, and automated systems. The peer review shall also assess the content, presentation, form, timelines, and distribution of audit reports. The Commission shall pay for the costs of the peer review. (3) A copy of the written report of such independent review shall be furnished to each member of the governing authority and to the audit oversight committee. (n)(1) To ensure independence of the audit function, an audit oversight committee is hereby established. The audit oversight committee shall consist of five voting members. (2) All members of the audit oversight committee shall:
(A) Be residents of DeKalb County; (B) Have expertise in performance auditing; and (C) Have a minimum of five years' experience as a certified public accountant, a certified internal auditor, a certified performance auditor, a certified management accountant, or ten years of other relevant professional experience. (3) Not later than October 31, 2015, the members of the audit oversight committee shall be selected as follows: (A) One member shall be appointed by the chairperson of the DeKalb County delegation in the Georgia House of Representatives; (B) One member shall be appointed by the chairperson of the DeKalb County delegation in the Georgia Senate; (C) One member shall be appointed by the Chief Executive of DeKalb County; and (D) Two members shall be appointed by the Commission. (4) The members shall serve for terms of five years; provided, however, that the initial term of the first appointee of the Commission shall be one year and until his or her respective successor is appointed and qualified; the initial term of the appointee of the chairperson of the DeKalb County delegation in the Georgia House of Representatives shall be two years and until his or her respective successor is appointed and qualified; the initial term of the appointee of the Chief Executive shall be three years and until his or her respective successor is appointed and qualified; the initial term of the second appointee of the Commission shall be four years and until his or her respective successor is appointed and qualified; and the initial term of the appointee of the chairperson of the

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DeKalb County delegation in the Georgia Senate shall be five years and until his or her respective successor is appointed and qualified. (5) Successors to all members of the audit oversight committee and future successors shall be appointed by the respective appointing authorities not less than 30 days prior to the expiration of each such member's term of office, and such successors shall take office on January 1 following such appointment and shall serve terms of five years and until their respective successors are appointed and qualified. (6) If a member of the audit oversight committee ceases to be a resident of DeKalb County, that member's position on the board, by operation of law, shall become vacant upon the establishment of the fact of such nonresidency, if contested, by a court of competent jurisdiction. A vacancy on the audit oversight committee shall exist by reason of death, resignation, incapacity to serve for 90 days or longer, or loss of residency as described in this subsection. A member of the audit oversight committee may also be removed from office during a term if the member becomes ineligible to hold civil office within the meaning of Code Section 45-2-1 of the O.C.G.A. and that ineligibility is established by decision of a court of competent jurisdiction which declares the office vacant because of such ineligibility or by a vote of two-thirds of the members of the legislative delegation. A vacancy shall be filled within 60 days by the legislative delegation for the remainder of the unexpired term. (7) The members of the audit oversight committee shall elect from their own membership a chairperson and otherwise provide for their own internal organization. (8) The audit oversight committee shall consult with the Auditor regarding technical issues and work to assure maximum coordination between the work of the Auditor's office and external audit efforts. (9) The audit oversight committee shall meet as needed to perform its duties but shall not meet less than once quarterly and shall be responsible for:
(A) Selecting not fewer than two nor more than three nominees for the position of Auditor who meet the requirements outlined in subsection (e) of this section which shall be submitted to the Commission for selection and appointment of one of the nominees to the position of Auditor; (B) Performing regular evaluations of the DeKalb County audit function; (C) Providing suggestions and comments for the annual audit plan; (D) Ensuring that audit reports are transmitted to the governing authority and to the public; (E) Monitoring follow-up on reported findings to assure corrective action is taken by management; (F) Reporting to the governing authority on problems or problem areas at such times as deemed appropriate; (G) Conducting or overseeing the requests for proposal and selection process for the firm conducting the annual financial statement audits, and ranking and recommending in order of preference no fewer than three firms deemed to be the most highly qualified

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

to perform the required services. If fewer than three firms respond to the request for proposal, the audit oversight committee shall recommend such firms as it deems to be the most highly qualified. (H) Evaluating the firm providing annual financial statement auditing services and providing oversight of that audit, including ensuring transmission of reports and follow-up on corrective action by management; (I) Evaluating the findings and recommendations of the peer review as required by recognized government auditing standards; (J) Consulting with the Auditor regarding technical issues with the external audit firm and working to assure maximum coordination between the work of the Office of Internal Audit and contracted audit efforts and other consulting engagements; (K) Maintaining the confidentiality of personnel matters while taking responsibility for appropriate disclosure to the governing authority, the legislature, or to the public; and (L) Annually meeting with members of the Commission to discuss controls, systems and risk, and performance of the audit firm, and to discuss other matters that the audit firm, the Auditor, or staff desires or is required to bring to the Commission's attention such as fraud, illegal acts, and financial and control weaknesses. (10) The audit oversight committee shall have the authority to hire outside experts, including legal counsel, when necessary. (11) The audit oversight committee shall have the authority to propose the budget of the Office of Internal Audit, including the Auditor's salary and staffing, and shall then recommend the budget to the Commission for approval, who shall fund it as a priority. (12) Sufficient resources as requested by the audit oversight committee shall be provided by the Commission to enable the audit oversight committee to carry out its responsibilities. (o) The provisions of this section are severable, and if any of its provisions shall be held unconstitutional or invalid by a court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions."

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 2015 session of the General Assembly of Georgia a bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), so as to provide for independent internal audits for DeKalb County; to provide for procedures,

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policies, and limitations; to provide for certain reports; to provide for funding; to provide for oversight; to provide for related matters; and for other purposes.

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 January 15, 2015, 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 9th day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

SATILLA REGIONAL WATER AND SEWER AUTHORITY MEMBERS OF THE AUTHORITY; MANNER OF SELECTION; REPEAL PROVISIONS REGARDING PAYMENTS, LATE FEES, SERVICE DISCONNECTION, AND SERVICE RECONNECTION.

No. 212 (House Bill No. 518).

AN ACT

To amend an Act creating the Satilla Regional Water and Sewer Authority, previously known as the Ware County Water and Sewer Authority, approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 705), as amended, so as to revise the manner of selection of the members of the

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

authority; to repeal provisions regarding receipts for payments, late fees, service disconnection, and service reconnection; 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 Satilla Regional Water and Sewer Authority, previously known as the Ware County Water and Sewer Authority, approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 705), as amended, is amended by revising paragraph (1) of subsection (d) of Section 2 as follows:
"(1) Prior to each election for the position of a member of the authority, the authority shall establish a period of time for the submission of nominations of candidates. Each sitting member of the authority shall be entitled to nominate one candidate. Additionally, any account holder shall be entitled to submit one petition for nomination of a candidate, provided that such petition, to be valid, shall be accompanied by the signatures of at least 15 other account holders. Following the close of the nominations period, the authority shall designate for inclusion on the election ballot the name of each candidate nominated by a sitting authority member, as well as the name of each candidate for which a valid petition for nomination was submitted;".

SECTION 2. Section 24.1 of the Act is repealed in its entirety.

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 introduce at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act creating the Satilla Regional Water and Sewer Authority, previously known as Ware County Water and Sewer Authority, approved October 1, 2001 (Ga. L. 2001. Ex. Sess., p. 705), as amended, so as to revise the manner of selection of the members of the authority; to repeal provisions regarding receipts for payments, late fees, service disconnection, and service reconnection; to provide for related matters; and for other purposes.

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GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Corbett, 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 Waycross Journal Herald which is the official organ of Ware County on February 25, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JOHN CORBETT John Corbett Representative, District 174

Sworn to and subscribed before me, this 2nd day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

COBB COUNTY STATE COURT; JUDGES; COMPENSATION.

No. 213 (House Bill No. 410).

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 April 10, 2014 (Ga. L. 2014, p. 4102), 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:

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 April 10, 2014 (Ga. L. 2014, p. 4102), is amended by deleting 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 $166,511.00 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 $171,506.00 per annum."

SECTION 2. Said Act is further amended by deleting from Section 3 the following:
"The chief judge of the State Court of Cobb County shall receive as additional compensation $3,952.00 per annum." and inserting in lieu thereof the following: "The chief judge of the State Court of Cobb County shall receive as additional compensation $4,071.00 per annum."

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 2015 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, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 4102); and for other purposes.
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 13, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

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s/ STACEY EVANS Stacey Evans Representative, District 42

Sworn to and subscribed before me, this 19th day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

CHEROKEE COUNTY BOARD OF COMMISSIONERS; RESIDENCY.

No. 214 (House Bill No. 413).

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."

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SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, provided that legislation is enacted during the regular 2015 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 commissioners. Otherwise, this Act shall be repealed by operation of law on July 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 2015 session of the General Assembly of Georgia a bill to amend an Act creating the office of commissioner of Cherokee County, approved August 9, 1915 (GA L. 1915, p. 177), as amended, particularly by an Act 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.
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 22, 2015, 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 17th day of February, 2015.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia

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My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

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CITY OF AMERICUS CITY MANAGER; APPOINTMENT, QUALIFICATIONS, TERMS, REMOVAL, VACANCIES, DUTIES, POWERS, AND RESPONSIBILITIES; CITY CLERK; FINANCE DIRECTOR.

No. 215 (House Bill No. 425).

AN ACT

To amend an Act providing a new charter for the City of Americus, approved April 13, 1992 (Ga. L. 1992, p. 5985), as amended, so as to provide for a city manager; to provide for appointment, qualifications, terms, removal, and vacancies; to provide for duties, powers, and responsibilities; to provide for appointment of a city clerk and finance director; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing a new charter for the City of Americus, approved April 13, 1992 (Ga. L. 1992, p. 5985), as amended, is amended by revising Chapter 1 of Article III as follows:

"CHAPTER 1 City Council Section 3-101. Appointment; qualifications; compensation; removal.

(a) The city council shall have the right, power, and authority to employ and to appoint in their discretion an officer whose title shall be 'city manager.'
(b)(1) The city manager shall be appointed solely on the basis of executive and administrative qualifications. The city manager shall hold at least a bachelor's degree from a four-year college or university and shall have such other qualifications as may be determined by the city council. Such person need not be a resident of the city or state at the time of appointment but shall reside in the city while in office.

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(2) The city may enter into an employment contract with the city manager for a term not to exceed two years. No such contract shall be automatically renewable, but any such contract may be renewed by mutual agreement of the city council and city manager. Any such contract may provide for a severance payment of salary and benefits to the city manager for a term to be agreed upon between the city and the city manager at the time the contract is executed, but any such severance payments shall only be payable in the event that the city manager is removed by the city without cause. (c) In the event that there is a permanent vacancy in the position of city manager due to resignation, termination, death, or incapacity, the city council shall be authorized to appoint a successor. In the event of a temporary vacancy, the city manager may, by letter filed with the city clerk, designate a qualified administrative officer to exercise the powers and perform the duties of city manager during such temporary vacancy. Such designation shall be subject to the approval of the city council and may be revoked at any time, in which case the city council shall appoint an alternative to serve as city manager during such temporary vacancy. (d) The city council may remove the city manager at any time, with or without cause, by adopting a resolution to that effect. The city council shall have such authority whether or not there is an existing employment contract as provided in paragraph (2) of subsection (b) of this section, but such removal shall comply with the terms of any such contract which do not conflict with the provisions of this subsection. Within five days of adopting such resolution, the council shall provide written notice thereof to the city manager. The city manager, within ten calendar days after receipt of such notice, may in writing request a public hearing regarding the decision of the city council. Such hearing shall be held not earlier than 20 nor more than 30 calendar days after the submission of such hearing request. Any determination of the city council following any such hearing, however, shall be final. Upon the removal of the city manager, any severance required pursuant to such contract shall be paid in accordance with its terms.

Section 3-102. Duties and responsibilities.

(a) The city manager shall be the chief administrative officer of the city and shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge in accordance with this charter. (b) The city manager shall have the additional power, duty, and responsibility to:
(1) Ensure that the laws of the state and all ordinances, resolutions, rules, and regulations of the city which are subject to the city manager's direction and supervision are faithfully executed and enforced; (2) Prepare the agenda for meetings of the city council, subject to inclusion of matters requested by a member of the city council; (3) Recommend for adoption any measures deemed expedient;

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(4) Direct and supervise, subject to the general direction of the city council, the administration of all departments, boards, offices, agencies, commissions, authorities, properties, and operations of the city unless otherwise provided by this charter or by law; (5) Serve as a liaison between the city council and the departments, boards, offices, agencies, commissions, and authorities of the city government; (6) Attend all meetings of the city council, including subcommittee meetings, and take part in discussion; provided, however, that the city manager shall not be authorized to vote and shall not be authorized to attend those portions of public meetings held in executive session for the purpose of deliberating upon the appointment, discipline, compensation, or removal of the city manager unless requested by the city council to be present at such executive sessions; (7) Make reports to the city council from time to time on the affairs of the city and keep the city council fully advised of the city's financial condition and future financial needs and requirements; (8) Prepare and submit the annual operating budget and capital improvements program to the city council; (9) Investigate the affairs, records, accounts, and expenditures of the various departments, boards, offices, agencies, commissions, and authorities of the city and report thereon at least every six months to the city council regarding such matters; (10) Appoint, suspend, remove, or terminate city employees, including department heads other than the municipal judge, city attorney, and city clerk, in accordance with the personnel rules, regulations, policies, and ordinances that the city council may adopt; provided, however, that the city manager may delegate such authority in whole or in part to any administrative officer or department head who is subject to the city manager's direction and supervision; and (11) Exercise any other powers and perform any other duties as shall be required or authorized by the city council and which are not inconsistent with this charter. (c) The city manager shall have the right to request the counsel, advice, and opinion of the city attorney concerning any matter affecting the interest of the city.

Section 3-103. Council interference with supervision.

No member of the city council shall direct or request the city manager to appoint any person to or remove any person from office as a city employee or take part in any other manner in the appointment, discipline, or removal of employees of the city except as to offices which are subject to appointment by the city council and except to the extent that the city council is required to hear and determine appeals of disciplinary actions taken with respect to any employee of the city pursuant to the city's personnel policies. Except for the purpose of inquiries and investigations under the provisions of this charter or pursuant to ordinances enacted thereunder, or for other good cause shown, neither the mayor nor city

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council shall supervise or attempt to supervise city officers or employees who are subject to the direction and supervision of the city manager."

SECTION 2. Said Act is further amended by revising Chapter 2 of Article 3 as follows:

"CHAPTER 2 City clerk and finance director
Section 3-201. Appointment and qualification.

The city manager shall appoint a city clerk who shall not be a councilmember. The city clerk shall be the custodian of the official city seal; shall maintain records of the city council required by this charter, ordinance, or law; and perform such other duties as may be required by the city council. The city clerk shall not be deemed a department head of the city.

Section 3-202. City finance director.

The city manager shall appoint a city finance director who shall not be a councilmember. The city finance director shall collect all taxes, fees, and other monies owed to the city, subject to applicable provisions of this charter, ordinances, or state law. The city finance director shall also enforce all laws and city ordinances related to the collection of delinquent taxes and the sale or foreclosure for nonpayment of taxes and other indebtedness to the city. The city finance director shall be responsible for carrying out the general duties of a fiscal officer of the city and shall perform such other duties as may be provided by the governing body or the city manager. The city finance director shall be the head of the city finance department."

SECTION 3. Said Act is further amended by revising Section 3-401 as follows:

"Section 3-401. Administrative and service departments.

(a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city.

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(b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a department head for each department of the city who shall be its principal officer. Each department head shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of his or her department. (e) All department heads shall be appointed by, and serve at the pleasure of, the city manager."

SECTION 4. Said Act is further amended by revising Chapter 5 of Article 6 as follows:

"CHAPTER 5 Fiscal Control Section 6-501.
Fiscal year.

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

Section 6-502. Preparation of budgets.

The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual budget, which shall include an annual operating budget, a capital improvement program, and a capital budget and may also include requirements as to the scope, content, and form of such budgets and programs of the city.

Section 6-503. 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 budget for the ensuing fiscal year, which budget shall include both an operating budget and a capital budget. 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

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summary of the budget, and such other comments and information as he or she may deem pertinent. The proposed budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

Section 6-504. Action by city council on budget.

(a) The city council may amend the 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 for all capital improvements required 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 a final budget for the ensuing fiscal year not later than the last day of the current fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated 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 6-502 of this charter. (c) The amount set out in the adopted budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. 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 this charter, or where the funds required for such improvement are otherwise provided for in accord with this charter or applicable state laws.

Section 6-505. Tax levies.

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

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Section 6-506. Changes in appropriations.

The city manager may submit amendments to the budget to the city council at any time during the fiscal year, accompanied by his or her recommendations. The city council by ordinance may make changes or amendments in the appropriations contained in the current 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. Any such amendments to the budget shall become effective only upon adoption by ordinance.

Section 6-507. Independent audit.

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

SECTION 5. Said Act is further amended by revising Section 6-604 as follows:

"Section 6-604. Sale and disposition of property.

(a) The city council may sell, lease, transfer, 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 and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter

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so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made."

SECTION 6. This Act shall not be applied to shorten or lengthen the current term of any person holding elective office on the date this Act becomes effective. The person serving as chief administrative officer as of June 30, 2015, shall automatically commence serving as city manager upon the effective date of this Act and shall so serve unless and until removed in accordance with the provisions of this charter. Those department heads appointed by the city council prior to June 30, 2015, who remain employed in such positions as of June 30, 2015, shall continue to serve in such positions commencing July 1, 2015, as if they were appointed by the city manager as of the effective date of this Act.

SECTION 7. This Act shall become effective on July 1, 2015.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Americus, approved April 13, 1992 (Ga. L. 1992, p. 5985), as amended; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Cheokas, who on oath deposes and says that he is the Representative from District 138 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Americus Times-Recorder which is the official organ of Sumter County on February 6, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MIKE CHEOKAS Mike Cheokas Representative, District 138

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Sworn to and subscribed before me, this 19th day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

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LOWNDES COUNTY HOTEL/MOTEL TAX.

No. 216 (House Bill No. 431).

AN ACT

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of Lowndes County is authorized to levy an excise tax pursuant to such 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 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 Lowndes County on January 13, 2015, which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.

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SECTION 3. In accordance with the terms of such resolution of the governing authority of Lowndes County adopted January 13, 2015:
(1) In each fiscal year during which a tax is collected pursuant to paragraph (3) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 50 percent of the total amount of taxes collected that exceeds the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by Lowndes County or through a contract or contracts with an entity other than a destination marketing organization with which the county may continue to expend the proceeds of the tax pursuant to paragraph (2) of subsection (e) of Code Section 48-13-5; 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 2015 session of the General Assembly of Georgia a bill to authorize the governing authority of Lowndes 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.
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 Valdosta Daily Times which is the official organ of Lowndes County on February 13, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JASON SHAW Jason Shaw Representative, District 176

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Sworn to and subscribed before me, this 19th day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

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MACON WATER AUTHORITY COMPENSATION OF MEMBERS OF THE AUTHORITY.

No. 219 (House Bill No. 447).

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 compensation of members of the authority; to provide for future changes in 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 known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, is amended by revising subsection (h) of Section 2 as follows:
"(h)(1) The salary of each elected district member of the authority from Districts 1, 2, 3, and 4 shall be $10,800.00 per year, payable in equal monthly installments. The salary of the chairperson shall be $16,200.00 per year, payable in equal monthly installments. (2) In addition, all members of the authority, elected and appointed, shall be reimbursed for the actual expenses necessarily incurred by them in the performance of their duties. (3) The salary and expenses of members of the authority may be changed by resolution of the authority, subject to the following conditions:
(A) No action to increase the salary of elected members of the authority or the expenses of members of the authority shall be taken until notice of intent to take the action has been published in the official legal organ of Macon-Bibb County at least once a week for three successive weeks immediately preceding the week during which the action is taken;

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(B) Any action to increase the salary of elected members of the authority shall not become effective until the date of commencement of the terms of those members of the authority elected at the next regular election following such action; and (C) No action to increase the salary of elected members of the authority shall be taken during the period between the date when candidates for election to the authority may first qualify as candidates and the date when members of the authority take office following their election."

SECTION 2. This Act shall become effective on October 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 pursuant to Section 28-1-14 of the Official Code of Georgia Annotated that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," approved March 2, 1966 (Ga. L. 1966 (Ga. L. 1966, p2737), as amended; and for other purposes.

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 Telegraph which is the official organ of Bibb County on January 31, 2015, 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 18th day of February, 2015.

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

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My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

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BARROW COUNTY BOARD OF EDUCATION; VACANCIES.

No. 220 (House Bill No. 448).

AN ACT

To amend an Act providing authority for members of the Board of Education of Barrow County, approved April 19, 1971 (Ga. L. 1971, p. 3919), as amended, particularly by an Act approved January 29, 1988 (Ga. L. 1988, p. 3501), so as to revise a provision relating to the time to appoint a member to a vacancy on the board; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing authority for members of the Board of Education of Barrow County, approved April 19, 1971 (Ga. L. 1971, p. 3919), as amended, particularly by an Act approved January 29, 1988 (Ga. L. 1988, p. 3501), is amended by revising subsection (e) of Section 2 as follows:
"(e) In the event of a vacancy occurring in the membership of the board, for any reason other than expiration of term, the remaining members of the board shall appoint, within 45 days after the vacancy occurs, a successor to serve out the remaining unexpired term and until a successor is elected and qualified."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act providing authority for members of the Board of Education of Barrow County, approved April 19, 1971 (Ga. L. 1971, p. 3919), as amended, particularly by an Act approved January 29, 1988 (Ga. L. 1988, p. 3501), so as to revise a provision relating to vacancies, and for other purposes.

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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 25, 2015, 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 23rd day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

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BARROW COUNTY HOMESTEAD EXEMPTION; SCHOOL TAXES; MANNER OF APPLICATION; REFERENDUM.

No. 221 (House Bill No. 449).

AN ACT

To amend an Act providing for a homestead exemption from certain Barrow County school district ad valorem taxes for educational purposes, approved May 1, 2006 (Ga. L. 2006, p. 3974), so as to eliminate the requirement to submit a new application for the exemption in the year following a reevaluation; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for a homestead exemption from certain Barrow County school district ad valorem taxes for educational purposes, approved May 1, 2006 (Ga. L. 2006, p. 3974), is amended by revising subsection (d) of Section 1 to read as follows:
"(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 renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Barrow County in the event that person for any reason becomes ineligible for that exemption."

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 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 Barrow County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which amends the homestead exemption from certain Barrow County school district ad valorem taxes for educational purposes, approved May 1, 2006 (Ga. L. 2006, p. 3974), so as to eliminate the requirement to submit a new application for the exemption in the year following a reevaluation?"

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, 2016, and shall apply to all taxable years beginning on or after that date. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following such election date. The expense of such election shall be borne by Barrow County. It shall be the duty of the election superintendent of Barrow County to certify the results thereof to the Secretary of State.

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act providing for a homestead exemption from certain Barrow County school district ad valorem taxes for educational purposes, approved May 1, 2006 (GA. L. 2006, p. 3974); and for other purposes.

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 1, 2015, 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 23rd day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

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CITY OF KINGSLAND MAYOR AND COUNCIL; ELECTION BY MAJORITY VOTE; REFERENDUM.

No. 223 (House Bill No. 453).

AN ACT

To amend an Act to incorporate the City of Kingsland in Camden County, Georgia, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, so as to provide for election of the mayor and council by majority vote; to provide for related matters; to provide for a referendum; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to incorporate the City of Kingsland in Camden County, Georgia, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, is amended by revising Section 10 as follows:

"SECTION 10. The candidate for the office of mayor or councilmember who receives a majority of the votes cast for such office shall be declared duly elected."

SECTION 2. The election superintendent of the City of Kingsland shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Kingsland for approval or rejection. The election superintendent shall conduct such election on the Tuesday next following the first Monday in November, 2015. The election superintendent shall issue the call and conduct such election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Kingsland. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which changes the manner of election for the ( ) NO mayor and council from a plurality vote to a majority vote?"
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 the Act is not so approved or if the election is not conducted as

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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 Kingsland. It shall be the duty of the election superintendent of the City of Kingsland to certify the results thereof to the Secretary of State.

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act to incorporate the City of Kingsland in Camden County, Georgia, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, particularly by an Act approved March 5, 1976 (Ga. L. 1976, p. 2833), so as to provide for the holding of elections in even-numbered years; to provide for related matters; to provide for a referendum; to provide for a contingent effective date; to provide automatic repeal under certain circumstances; and for other purposes.
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 and Georgian which is the official organ of Camden County on February 19, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JASON SPENCER Jason Spencer Representative, District 180

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Sworn to and subscribed before me, this 20th day of February 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

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

No. 224 (House Bill No. 454).

AN ACT

To amend an Act to incorporate the City of Kingsland in Camden County, Georgia, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, particularly by an Act approved March 5, 1976 (Ga. L. 1976, p. 2833), so as to provide for the holding of elections in even-numbered years; to provide for related matters; to provide for a referendum; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to incorporate the City of Kingsland in Camden County, Georgia, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, particularly by an Act approved March 5, 1976 (Ga. L. 1976, p. 2833), is amended by revising Section 2 as follows:

"SECTION 2. The government of the city shall consist of a mayor and four councilmembers who shall constitute the legislative body for the city and all of whom shall be elected in accordance with this charter and Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code. All such officers shall serve for terms of four years and until their respective successors are duly elected and qualified, except as otherwise provided in Section 3 of this charter. The mayor and councilmembers shall each take an appropriate oath provided by ordinance before entering upon the duties of their respective offices, which may be administered by

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any person authorized by law to administer oaths under the laws of this state. The council may elect or appoint such subordinate officers as may become necessary at any time for the enforcement of the provisions of this charter or any ordinance passed by the council in the pursuance of the rights and powers herein conferred. All such subordinate officers thus appointed or elected shall be deemed and held to be lawful officers of this state and the City of Kingsland. All such subordinate officers shall hold their offices at the will of the council and receive such salary as may be fixed by the council. Each such officer shall take an appropriate oath before entering upon the discharge of their respective duties and give such bond as the council may require, payable to the City of Kingsland, conditioned upon the faithful performance of the duties of their respective offices."

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

"SECTION 3. (a) Beginning in 2018, the municipal general election for the City of Kingsland shall be conducted on the Tuesday next following the first Monday in November in each even-numbered year. The election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code. (b) For the purposes of electing candidates to the office of councilmember, positions of membership on the council shall be numbered as Posts 1 through 4, respectively. Candidates offering for election to the council shall designate by number that position on the council for which they offer as a candidate. In the general election conducted in 2015, the mayor and the candidates elected to Posts 3 and 4 shall serve for an initial term of three years and until their respective successors are duly elected and qualified. In the general election conducted in 2017, the candidates elected to Posts 1 and 2 shall serve for an initial term of three years and until their respective successors are elected and qualified. Thereafter, the mayor and councilmembers shall be elected on the Tuesday next following the first Monday in November immediately prior to the end of their respective terms of office for terms of office of four years and until their respective successors are duly elected and qualified. (c) To be elected to an office, a candidate shall receive a plurality of the votes cast for such office."

SECTION 3. The election superintendent of the City of Kingsland shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Kingsland for approval or rejection. The election superintendent shall conduct such election on the Tuesday next following the first Monday in November, 2015. The election superintendent shall issue the call and conduct such election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once

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a week for two weeks immediately preceding the date thereof in the official organ of the City of Kingsland. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which moves the date of election of the mayor and ( ) NO council to even-numbered years?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 and 2 of this Act shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, Sections 1 and 2 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following such election date. The expense of such election shall be borne by the City of Kingsland. It shall be the duty of the election superintendent of the City of Kingsland to certify the results thereof to the Secretary of State.

SECTION 4. Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act to incorporate the City of Kingsland in Camden County, Georgia, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, so as to provide for election of the mayor and council by majority vote; to provide for related matters; to provide for a referendum; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 and Georgian which is the official organ of Camden County on February 19, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

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s/ JASON SPENCER Jason Spencer Representative, District 180

Sworn to and subscribed before me, this 20th day of February 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

PUTNAM COUNTY HOTEL/MOTEL TAX.

No. 226 (House Bill No. 465).

AN ACT

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of Putnam County is authorized within the territorial limits of the special district located within Putnam County to levy an excise tax at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.

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SECTION 2. The enactment of this Act is subsequent to the adoption of a resolution of the governing authority of Putnam County which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.

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

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 2015 session of the General Assembly of Georgia a bill to authorize the governing authority of Putnam County to levy an excise tax pursuant to subsection (b) of the Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rusty Kidd, who on oath deposes and says that he is the Representative from District 145 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 5, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ RUSTY KIDD Rusty Kidd Representative, District 145

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Sworn to and subscribed before me, this 18th day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

CITY OF MOUNT ZION NEW CHARTER.

No. 227 (House Bill No. 468).

AN ACT

To provide a new charter for the City of Mount Zion; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a city manager, mayor, and mayor pro tempore, and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, police chief 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 regulation of streets, utilities, rights-of-way and eminent domain; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for effective dates; to provide a specific repealer; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Incorporation.

The City of Mount Zion in Carroll County is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the "City of Mount Zion." References in this charter to "the city" refer to the City of Mount Zion. The city shall have perpetual existence. The legal situs of the city shall be Carroll County.

SECTION 1.11. City property.

Title to any property, real or personal, within or without the corporate limits of said city, heretofore acquired by the City of Mount Zion, with or without proper charter authority, is vested in the City of Mount Zion created by this Act, the acquisition thereof being ratified and made lawful. The City of Mount Zion, created by this Act, is authorized and empowered to purchase, hold, rent, lease, and receive by gift or otherwise, and to enjoy, possess and retain, temporarily or permanently, any property, real or personal, of any kind whatsoever, either within or without the corporate limits of said city, for corporate purposes.

SECTION 1.12. Corporate boundaries.

(a) The boundaries of this city shall be those existing on the effective date of this charter with such alterations as may be made from time to time by local law or the manner provided by general state law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "the official map or description of the corporate limits of the City of Mount Zion, 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 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 earlier map or maps which it is designated to replace but such earlier maps shall be retained in the office of the city clerk.

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SECTION 1.13. Examples of powers.

The powers of this city shall include, but not be limited to, the following powers: (1) Ad Valorem taxation. To levy, assess, and collect ad valorem taxes on all taxable property in the city; (2) Other taxes. To levy, assess, and collect other taxes allowed by general law; (3) Business regulation and taxation. To levy, assess, and collect occupational and business taxes and to license and regulate occupations and businesses; (4) Appropriations. To make appropriations and expend funds for the support of the city and other lawful purposes; (5) Municipal debts. To borrow money and issue bonds as authorized by general law; (6) Gifts. To accept gifts and grants for any purpose related to the powers and duties of the city on such terms as the donor may impose; (7) Municipal utilities. To acquire, lease, operate, and dispose of public utilities; (8) Public utilities. To grant franchises or make contracts for public utilities and to prescribe the conditions of such franchises and contracts; (9) Roadways. To open, maintain, improve, and close streets and roads and to grant franchises and right-of-way thereon; (10) Public facilities. To acquire, operate, and dispose of public buildings, public projects, parks, cemeteries, golf courses, and other public improvements, inside or outside the city; (11) Building regulation. To regulate the building trades and the construction of buildings and to adopt and enforce building, housing, plumbing, electrical, gas, heating, and air-conditioning codes; (12) Planning and zoning. To provide for city planning by zoning, subdivision regulations, and the like; (13) Police powers. To exercise the police power for the public safety, peace, order, and well-being of the city; (14) Roadside regulation. To prohibit or regulate signs, billboards, and other items upon or adjacent to streets and roads; (15) Health. To prescribe and enforce health and sanitation standards; (16) Pollution. To regulate and enforce standards of emissions which pollute the air, water, or soil; (17) Fire safety. To fix fire limits and to prescribe and enforce fire safety regulations; (18) Public hazards. To provide for the destruction or removal of public hazards; (19) Waste disposal. To provide for and regulate the collection, disposal, and recycling of garbage and wastes; (20) Garbage fees. To fix and collect garbage fees; (21) Sewer fees. To fix and collect sewer fees; (22) Water fees. To fix and collect water-use fees; (23) Nuisances. To define and provide for the abatement of nuisances;

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(24) Property protection. To preserve and protect the property of the city and its citizens; (25) Animal control. To regulate, enforce, or provide for the keeping of animals; (26) Prisoners. To provide for the public work by municipal prisoners and their confinement; (27) Motor vehicles. To regulate the operation and parking of motor vehicles; (28) Taxicabs. To regulate vehicles operated for hire in the city; (29) Special assessments. To levy, assess, and collect special assessments to cover the cost of public improvements; (30) Contracts. To enter into lawful contracts and agreements; (31) City agencies. To create, alter, or abolish departments, offices, boards, commissions, and agencies of the city and to confer appropriate authority upon them; (32) Penalties. To provide penalties for violations of municipal ordinances; (33) Police and fire protection. To exercise the power of arrest through duly appointed policemen and to establish, operate, and contract for a police and a fire-fighting agency; (34) Emergencies. To provide for the determining, proclamation, and combating of emergencies; (35) Urban redevelopment. To organize and operate an urban redevelopment program; (36) Public transportation. To organize and operate public transportation systems; (37) 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; (38) Quality of life. To develop or cause to be developed areas conducive to the establishment of retail and wholesale businesses; (39) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote and protect the safety 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, and to exercise all powers now or in the future authorized or exercised by other municipal governments under other laws of the state of Georgia. No listing of particular powers in the charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers. (40) 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. (41) To provide and maintain a system of pensions and retirement for officers and employees of the city.

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SECTION 1.14. Exercise of powers.

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

ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL
SECTION 2.10. City council creation, composition, number, election.

The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four council members who will be elected at large. The mayor and council members shall be elected in a manner provided in Article V of this charter.

SECTION 2.11. City council terms and qualifications for office.

The mayor of the city shall serve for a term of four years consecutive and until his or her successor is elected and qualified. The members of the city council shall serve for terms of four years consecutive and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless he or she is a qualified municipal voter and shall have been a resident of the city for one year immediately prior to the date of his or her qualifying for said position. The mayor and each council member shall continue to reside within the city limits proper during his or her period of service.

SECTION 2.12. Vacancy: filling of vacancies.

(a) The office of mayor and council member shall become vacant upon the incumbent's death, resignation, forfeiture of office, relocation of residency outside the city limits proper, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) A vacancy in the office of mayor shall be filled by the mayor pro tempore, to serve until the next general election where a mayor shall be elected to serve for the remainder of the unexpired term. (c) A vacancy in the office of one or more council members shall be filled by the mayor and city council by the election of any citizens of said city eligible to hold such office, who shall

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serve until the next election, to be held every two years, where a council member or members shall be elected to fill the remainder of the unexpired term. Should the mayor and council be unable to agree upon the appointment by majority vote of the remaining council, the mayor shall appoint any citizen of said city eligible to hold such office, who shall serve until the earliest special election or general election, whichever could occur first, where a council member or members shall be elected to fill the remainder of the unexpired term.

SECTION 2.13. Compensation and expenses.

(a) Until changed as provided in subsection (b) of this section, the mayor and city council members shall continue to receive the same compensation to which they were entitled immediately prior to the effective date of this charter. (b) The compensation of the mayor and city council members may be changed by ordinance; but any increase shall be subject to Code Section 36-35-4 of the O.C.G.A. or any similar law hereafter enacted. (c) The mayor and city council members shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office in accordance with the standard policies of the city as set forth by the city council.

SECTION 2.14. Holding other office.

Except as authorized by general state law, the mayor or any city council shall not hold any other city office during the term for which he or she was elected.

SECTION 2.15. Conflict of office.

No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly 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 performance of his or her official duties.

SECTION 2.16. Inquiries and investigations.

The mayor and/or 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

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evidence. Any person who fails or refuses to obey a lawful order issued in exercise of these powers by the mayor and/or the city council shall be punished as provided by ordinance.

SECTION 2.17. General power and authority of mayor and city council.

Except as otherwise provided by this charter, the mayor and city council shall be vested with all powers of government as provided in Article 1 of this charter.

SECTION 2.18. Oath of office.

Upon taking office, the mayor and each council member shall take an oath of office as follows:
"I do solemnly swear that I will faithfully perform the duties of Mayor (or Council member as the case may be) of the City of Mount Zion, Georgia, 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 Constitution of the United States of America."

SECTION 2.19. Regular and special meetings.

(a) The city council shall hold regular meetings at such times and locations as prescribed by ordinance. (b) Special meetings of the city shall be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice of any special meeting may be waived by a council member before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Except where waived by all members, if affected by their presence or in writing, 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 general state law and notice to the public of all meetings shall be made as required by general state law.

SECTION 2.20. Rules of procedure.

(a) The city council shall adopt its rules of procedures 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.

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(b) All officers of the city council, committees, and committee chairpersons shall be appointed by the mayor, followed by a majority vote of approval of the city council. The mayor shall have the power to remove members of any committee and the power to appoint new members to any committee, at any time, within the mayor's discretion, followed by a majority vote of approval of the city council.

SECTION 2.21. Quorum: voting.

Two city council members and the mayor or the mayor pro tempore shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be taken by voice vote and the "ayes" and "nays" shall be recorded in the minutes, but any member of city council shall have the right to request a roll-call vote. The affirmative vote of a majority of the votes cast shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter.

SECTION 2.22. Ordinance form: procedure.

(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. The enacting clause shall be "The Council of the City of Mount Zion, Georgia hereby ordains ..." and every ordinance shall contain this enacting clause. (b) An ordinance may be introduced by any city council member, the mayor, or the city manager, if any, and read at any regular or special meeting of the city council. (c) Upon passage, all ordinances must be signed by the mayor, or mayor pro tempore if presiding, and the city clerk. (d) Failure to comply with the technical requirements of this section shall not invalidate an ordinance if the intention of the governing authority that the ordinance be effective is evident.

SECTION 2.23. Action requiring an ordinance.

In addition to other acts required by general law or by specific provisions of the charter to be done by ordinance, acts of the city council which have the force and effect of law shall be done by ordinance.

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SECTION 2.24. Emergencies.

To meet a public emergency affecting life, health, property, or public peace, the city council may convene on the call of the mayor or three city 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 service, or authorize the borrowing of moneys except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinance generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. It shall become effective upon adoption or at such later time as it may specify. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the manner specified in this section for adoption of emergency ordinances. A state of emergency may be declared by the mayor prior to the convening of the city council providing public safety personnel the resources and authority to ensure the safety of the citizens of the city. The state of emergency proclamation of the mayor shall have all the authority and power provided by general and state law and the Constitution of the State of Georgia.

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

(a) The city clerk shall authenticate by his or her signature and record in full in a properly identified book or file kept for the purpose, all ordinances adopted by the city council. (b) All ordinances of the city having the force and effect of law, together with all amendments thereto and such codes of technical regulations and other rules and regulations that the city council may specify, shall be compiled, known, and cited officially as "The Code of Ordinances of the City of Mount Zion, Georgia." Copies of the code shall be furnished to all officers, city council members, 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 the charter to be published as soon as is practical following its adoption, and the published ordinances and

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charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. 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.

SECTION 2.27. Chief executive officer.

The mayor shall be the chief executive officer of the City of Mount Zion, Georgia. He or she shall possess all the executive powers 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.

(1) See that all laws and ordinances and duties of the city are faithfully executed. (2) Preside over all meetings of the mayor and city council and have the right to take part in the deliberations of said council, and to vote on all matters. (3) Sign all deeds and contracts, except deeds for property sold under execution at a public sale. (4) Be clothed with veto power as set out in this charter. (5) Keep the city council advised from time to time of the general condition of the city and recommend such measures as he or she may deem necessary or expedient for the welfare of the city. (6) Call the city council together at any time when deemed necessary by him or her. (7) Be responsible for the administration of personnel matters subject to policies and rules created by the mayor and/or the council. (8) Be the chief economic/operations officer of the city in all day to day activities and functions.

SECTION 2.29. Mayor pro tempore.

The mayor and city council shall elect by a majority vote from among the city council members a mayor pro tempore who shall assume the duties and powers of the mayor upon the mayor's disability or absence.

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SECTION 2.30. Veto power.

Every ordinance and resolution passed and every election of an officer or employee by the mayor and city council shall be subject to the veto of the mayor and in the following manner. The mayor shall, within five days, write out his or her objections to such resolution, ordinance, or election and the mayor and city council shall, at the next regular or called meeting at which a quorum shall be present, order said objections entered on the minutes and take a vote on the question as to whether said ordinance, resolution, or other action shall become adopted over said veto. Should as many as three city council members vote in the affirmative, said resolution, ordinance, or other action shall stand affirmed and become effective without the approval of the mayor, otherwise not. The "ayes" and "nays" shall in all cases be entered upon the minutes. Any resolution, ordinance, or other action failing to receive three or more affirmative votes necessary to circumvent a veto shall not be reintroduced for consideration by the council for a period of one year. 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. 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.

ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Appointment of city manager.

The mayor and city council may appoint a city manager to serve subject to the pleasure of the mayor and city council and shall fix the salary of the city manager. The city manager shall be chosen on the basis of his or her character and his or her executive and administrative qualification, with special reference to his or her actual training and experience in his or her knowledge of accepted practices of his or her duties.

SECTION 3.11. Removal of city manager.

The mayor and city council may remove the city manager by majority vote. The mayor may suspend the city manager without notice for reason prior to consideration by the city council.

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SECTION 3.12. Temporary city manager.

If, on account of the temporary absence or disability of the city manager, it should be necessary in the judgment of the mayor and city council members to designate some person to serve as acting city manager during the temporary absence or disability of the city manager, the mayor and city council may execute one of the following options:
(1) The mayor may assume the responsibilities of the duties of the city manager until the city manager returns to his or her office; (2) The mayor and city council may appoint the city clerk to assume the responsibilities and duties of the city manager; (3) The mayor and city council may appoint any qualified person to temporarily serve as city manager and fix his or her compensation.

SECTION 3.13. City manager: duties and powers.

In addition to those elsewhere in this charter provided, the following powers are conferred on the city manager and the following duties are required of him or her:
(1) He or she shall be the chief administrative officer of the city and head of the administrative branch of the city government. (2) He or she shall be responsible to the mayor and city council for the proper administration of the affairs committed to this charge. (3) He or she shall have the right to request the counsel, advice, or opinion of the city attorney and assistant city attorneys concerning any matter affecting the interest of the city; and it shall be his or her duty to respond to such request to the best of his or her abilities. (4) He or she shall have the power, subject to the approval of the mayor and council, to change, consolidate, or abolish any of the offices, departments, or functions over which he or she exercises supervision and control, and create in lieu thereof, such other offices, departments, and functions as he or she may deem best, which offices, department, and functions when so created, shall be under his or her supervision and control. (5) He or she shall have jurisdiction over, to remove when he or she deems it for the good of the city, all of the employees of each and every department of the city. (6) No claim against or in favor of the city shall be paid or collected without prior approval of the city manager. (7) All bonds required of the officers and employees shall be subject to the approval of the city manager. (8) He or she shall attend all meetings, stated and special, of the city council with the right to take part in the discussions, but not vote. (9) He or she shall have the right to recommend to the mayor and city council for its adoption such measures as he or she may deem necessary or expedient.

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(10) He or she shall see that all terms and conditions in favor of the city and its inhabitants in contracts with public utilities and others are faithfully kept and performed. (11) He or she shall prepare the budget of the city annually and submit it to the mayor and city council and be responsible for its administration after its adoption by the city council. (12) He or she shall have the power to investigate the affairs, records, accounts, and expenditures of the various commissions, boards, and agencies created either by ordinances of the mayor and city council or by Acts of the General Assembly or the State of Georgia in relation to the affairs of the city and to report thereof at least once a year to the mayor and city council such matters in reference thereof as he or she deems advisable. (13) He or she shall keep the mayor and city council advised of the financial condition of the city and make such recommendations as may seem desirable to him or her. (14) He or she shall perform such other duties as may be required of him or her by the mayor and city council, this charter, or by general state law.

SECTION 3.14. City attorney.

The mayor shall appoint a city attorney, without necessity of periodic reappointment, upon approval by the city council, together with such assistant city attorney as may be authorized, to serve subject to the pleasure of the mayor and council and subjected to removal as provided below. The mayor and council shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the city council as directed, shall advise the city council, mayor, city manager, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him or her by virtue of his or her position as city attorney. The mayor may remove the city attorney or assistant city attorneys by a majority vote of the mayor and city council with all members present.

SECTION 3.15. City clerk.

The mayor shall appoint a city clerk, without the need for periodic reappointment, upon approval by the city council, who shall not be a city council member. The city clerk shall be the custodian of the official city seal, maintain city council records and minutes as required by this charter, serve as the city treasurer, and perform other duties as may be required by the mayor or city council. The city clerk should also be qualified to maintain and control the city's financial records and general bookkeeping.

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SECTION 3.16. Police chief.

The mayor shall appoint a qualified person to serve as Chief of Police of the City of Mount Zion, without the need for periodic reappointment, upon approval of the city council. The police chief will be responsible for the enforcement of the police powers of the city and shall perform the duties allocated to him or her by the mayor and city council, this charter, ordinances, and general state laws. He or she shall supervise and control all employees of the City of Mount Zion Police Department.

SECTION 3.17. Boards, commissions, and authorities.

The mayor and city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, or quasi-judicial, or quasi-legislative functions as the mayor and city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. All boards, commissions, and authorities should be bound by the following general regulations:
(1) All members of boards, commissions, and authorities of the City of Mount Zion shall be appointed by the mayor, upon approval of the city council, for such terms of office and in such a manner as shall be provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or general state law. (2) The mayor and 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. (3) Except as specifically authorized by general law, no member of any board, commission, or authority shall hold any elective office in the city. (4) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for original appointment, except as otherwise provided by this charter, general law, or by ordinance. (5) No member of a board, commission, or authority shall assume the office until he or she 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. (6) Any member of a board, commission, or authority may be removed from office for cause by the mayor with the right to appeal to the city council for reinstatement by majority vote. (7) Except as otherwise provided by this charter or by general state law, each board, commission, or authority of the city shall elect one of its members as chairperson and may elect one member as vice chairperson and one member as secretary.

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(8) 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 general state law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the city clerk, subject to approval of the mayor and city council.

SECTION 3.18. Personnel policies.

The mayor and city council may adopt rules and regulations consistent with this charter concerning:
(1) The method of employees' selection and probationary periods of employment. (2) The administration of a position classification and pay plan, methods of promotion, and application of service ratings thereto, and transfer of employees within the classification plan. (3) Vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner of which layoff shall be affected. (4) Such dismissal hearings as due process may require. (5) Such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs.

ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation, name.

There shall be a court to be known as the Municipal Court of Mount Zion, Georgia.

SECTION 4.11. Chief judge, associate judges.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or standby associate judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge of the municipal court unless he or she shall have obtained the age of 21 years and is a member of the State Bar of Georgia. (c) Compensation for the judges shall be set by the mayor and council. (d) Judges shall serve at the pleasure of the mayor and council, without the need for periodic reappointment, and may be removed from office by majority vote of the mayor and council with all members present.

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(e) Before entering on duties of his or her office, each judge shall take an oath given by the mayor that he or she will honestly and faithfully discharge the duties of his or her office to the best of his or her ability 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 all city ordinances and state offenses as provided by state law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed $1,000.00 and six months in jail. (c) The municipal court may fix punishment for state misdemeanor offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 360 days or both, or any part of the maximum fine or imprisonment, and a $1,000.00 fine or imprisonment for six months for city ordinance violations.

SECTION 4.14. Certiorari.

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

SECTION 4.15. Rules for court.

With the approval of the city council, the judge shall have full power and authority to make 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 for procedure in the municipal court under the general laws of the State of Georgia. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and upon request, shall be furnished to all defendants in municipal court proceedings.

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ARTICLE V ELECTIONS SECTION 5.10. Applicability of general law.

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

SECTION 5.11. Regular elections, time for holding.

(a) On the first Tuesday following the first Monday in November, 2015, and on that day every two years thereafter, there shall be an election for successors to the city council members and mayor, if applicable, whose terms will expire the following January. The terms of office shall begin at the time of taking the oath of office as provided in Section 2.18 of the charter. (b) The mayor shall be elected in 2015 and every four years thereafter. (c) The city council members from Post 3 and Post 4 shall be elected in 2013 and every four years thereafter. (d) The city council members from Post 1 and Post 2 shall be elected in 2015 and every four years thereafter. (e) The mayor and city council members in office on the effective date of this charter shall remain in office until their successors are elected and take office as provided in this charter.

SECTION 5.12. Nonpartisan election.

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

SECTION 5.13. Election by majority.

(a) The person receiving a majority (50 percent plus one) of the votes cast for any city office shall be elected. (b) In the event that no candidate receives a majority of the votes cast, then a run-off election will be held in accordance with ordinance and Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code."

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(c) In the event that there is a tie vote between the two candidates receiving the most votes, then a special election will be held in accordance with ordinances and Chapter 2 Title 21 of the O.C.G.A., the "Georgia Municipal 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. The tax is for the purpose of raising revenues to defray the cost of operating the city government, providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council at its discretion.

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

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

SECTION 6.12. Licenses, permits, fees.

The city council, by ordinance, shall have the power to require any individuals or corporations who transact business in the City of Mount Zion or who practice or offer to practice a calling therein to obtain a license of permit for such activity or permit where such activities are not now regulated by general state law in such a way to preclude city regulation. Such fee, if unpaid, shall be collected as provided in Section 6.16 of this charter. The city council, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates.

SECTION 6.13. Franchises.

The city council shall have the power to grant franchises for the use of the city's streets and alleys for the purpose of railroads, street railways, telephone companies, electric companies, cable companies, gas companies, transportation companies, and other similar organizations.

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The city council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises.

SECTION 6.14. Service charges.

The city council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for water, sewer, sanitary, health services, or any other services rendered within and without the corporate limits of the city. If unpaid, such charges shall be collected as provided in Section 6.16 of this charter.

SECTION 6.15. Construction, other taxes.

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

SECTION 6.16. Collection of delinquent taxes and fees.

The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city by whatever reasonable means which are not precluded by general state law. This shall include providing for the dates when 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 of fees imposed, revoking city licenses and failure to pay any city taxes or fees, allowing exceptions for hardships, and providing for the assignment or transfer of tax executions.

SECTION 6.17. General obligation bonds.

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

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SECTION 6.18. 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 projects, programs, or venture for which they were issued.

SECTION 6.19. Short-term loans.

Any short-term loan obtained by the city must be repaid by the end of the City of Mount Zion's fiscal year of the year in which the loan was obtained unless otherwise provided by state law.

SECTION 6.20. Fiscal year.

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

SECTION 6.21. Action by city council on budget.

(a) The city council shall adopt and may thereafter amend an annual budget, except that the budget as finally adopted and amended 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 budget for the ensuing fiscal year not later than the first day of the fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for their 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 year. Such adoption shall take the form of an appropriations ordinance, setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity. (c) The amount set out in the adopted budget for each organizational unit shall constitute the annual appropriation for such; and no expenditure shall be made or encumbrance created in

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excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable unless by a majority vote of the city council.

SECTION 6.22. Tax levies.

As soon as possible after adoption of the budget, the city council shall levy, by ordinance, such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated applicable 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 6.23. Changes in appropriations.

The city council, by majority vote, may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purpose.

SECTION 6.24. 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 cost to the public. The city council may prescribe procedures for a system of centralized purchasing for the city.

SECTION 6.25. 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 provided by general state law. (b) The city council may quit claim any rights it may have in property not needed for public purposes upon a report by the mayor or city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city is of no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger

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tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cutoff or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley, or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances 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 MUNICIPAL SERVICES AND REGULATORY FUNCTIONS
SECTION 7.10. Streets.

The council is hereby vested with the power to lay out, open, widen, change, straighten, alter, improve, vacate, abandon, and otherwise to exercise complete control over the streets, alleys, squares, and sidewalks of the City of Mount Zion. The council shall provide for the removal of any and all obstacles and nuisances in regard to the streets, alleys, or sidewalks or other public places within the city and shall adopt appropriate ordinances to accomplish this purpose.

SECTION 7.11. Municipal utilities.

The city council shall have the power and authority to acquire, own, hold, build, maintain, and operate a system of waterworks and sewerage, and to establish rates and charge fees for services rendered in any of said systems and to finance any of said systems through appropriate bond issues in accordance with the laws of the State of Georgia. The city council shall have the power to exercise the power of eminent domain in regard to any of said systems, both within and without the corporate limits and to contract to furnish the services of any of said systems to consumers outside the corporate limits of the City of Mount Zion.

SECTION 7.12. Sewers and drains.

The council shall have the power and authority to provide for the establishment, extension, and maintenance of a system of sewers and drains, together with a sewerage disposal system. This power includes the authority to extend said system beyond the corporate limits. For these purposes the city is granted the power of eminent domain both within and without its corporate limits. The council may provide by ordinance for reasonable connection fees for

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tapping onto the water and sewer lines of said city, and may compel citizens to tap onto the same when such service is made available.

SECTION 7.13. Right-of-way.

The City of Mount Zion shall have the right, easement, and franchise of laying the necessary mains, pipes, conduits, and drains for waterworks and sewerage system purposes along the highways in the County of Carroll. The city council shall have full power and authority to enact and enforce such rules, regulations, and ordinances as may be necessary to protect any water basins and watersheds, which are located within its corporate limits from contamination and to protect said waterworks and sewerage system, including the mains, pipes, and conduits whether the same be situated within or without the corporate limits of said city.

SECTION 7.14. Eminent domain.

The city council is hereby empowered to acquire, construct, build, operate public grounds, markets, market houses, and charitable, educational, sport, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be taken pursuant to Paragraph V of Section II of Article IX of the Georgia Constitution and any applicable Georgia law.

SECTION 7.15. Franchises.

The council shall have the authority to exercise control over the use of streets of the City of Mount Zion. The power is hereby conferred upon the council to grant franchises for the use of said city streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, gas companies, transportation companies, cable television, and other communication companies. The franchise right extends to, but is not limited to, the erection of poles, stringing of wire, laying of pipes, lines, or conduits both above and below the ground surface. The council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration of such franchises; provided, however, that 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 the registration book to be kept by said clerk. The council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.

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SECTION 7.16. Building, housing, electrical, and plumbing regulations.

The council shall have the power and the authority to enact such reasonable rules and regulations as it may deem necessary or expedient regarding the construction and maintenance of buildings, remodeling of buildings, plumbing, and electrical wiring and equipping of buildings, in order to promote the safety and welfare of its citizens, and to guard against fire or other property damage. The power may, in the discretion of the council, be exercised by adoption of any such standard building, housing, gas, heating and air conditioning, electrical, and plumbing codes as may be deemed appropriate. The council shall be empowered to engage the necessary personnel to enforce such rules and regulations as adopted and to charge reasonable fees for inspections and permits, and may require the obtaining of a permit as a condition precedent to any construction, building, electrical, or plumbing work. The council may enact all ordinances necessary to enforce such rules and regulations.

ARTICLE VIII GENERAL PROVISIONS
SECTION 8.10. Official bonds.

The officers and employees of this city, both elective and appointive, shall execute such 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 state law.

SECTION 8.11. Prior ordinances.

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

SECTION 8.12. Severability.

If, for any reason, any section, provision, clause, sentence, phrase, word, or part of this charter shall be held to be unconstitutional or invalid, then that fact shall not affect or destroy the validity or constitutionality of any other section, provision, clause, or part of this charter which is not in and of itself unconstitutional or invalid, and the remaining portions of this charter shall be enforced without regard to the provisions, clause, or part so held to be invalid or unconstitutional.

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SECTION 8.13. Pending matters.

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

SECTION 8.14. Effective dates.

Those provisions of Article V of this Act relating to municipal elections in November, 2015, and November, 2017, shall become effective upon the Governor's approval or upon this Act becoming effective without such approval. The remainder of this Act shall become effective on January 1, 2018.

SECTION 8.15. Specific repealer.

An Act approved March 24, 1978 (Ga. L. 1978, p. 4171), and all amendatory Acts thereto are hereby repealed.

SECTION 8.16. 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 2015 session of the General Assembly of Georgia a bill provide a new charter for the City of Mount Zion; to provide for incorporation, boundaries, and powers of the city; to provide a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules and procedures; to provide for ordinances and codes; to provide for a city manager, mayor and mayor pro tempore, and certain duties, powers and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, police chief and other personnel and

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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 interest therein; to provide for regulation of street, utilities, rights-of-way and eminent domain; to provide for bonds of officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for effective dates; to provide a specific repealer; to repeal conflicting laws; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kevin Cooke, who on oath deposes and says that he is the Representative from District 18 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times-Georgian which is the official organ of Carroll County on February 13, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ KEVIN COOKE Kevin Cooke Representative, District 18

Sworn to and subscribed before me, this 23rd day of February 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

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CANDLER COUNTY BOARD OF COMMISSIONERS; STAGGERED TERMS.

No. 230 (House Bill No. 478).

AN ACT

To amend an Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4975), so as to provide for staggered terms for the commissioners; to provide for currently serving commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4975), is amended by revising subsection (b) of Section 3 as follows:
"(b) The chairperson and four commissioners serving on the effective date of this Act shall continue to serve for the remainder of their terms and until their successors are duly elected and qualified. At the general election in November, 2016, the successors to the commissioners elected from Commissioner Districts 2 and 4 shall be elected to serve terms of two years and until their successors are duly elected and qualified, and the chairperson and the successors to the commissioners elected from Commissioner Districts 1 and 3 shall be elected to serve terms of four years and until their successors are duly elected and qualified. Thereafter, the chairperson and all commissioners shall serve terms of four years and until their successors are duly elected and qualified."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4975); and for other purposes.

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GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Butch Parrish, who on oath deposes and says that he is the Representative from District 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 18, 2015, 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 23rd day of February 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

CHEROKEE COUNTY STATE COURT; SOLICITOR-GENERAL; INVESTIGATORS.

No. 231 (House Bill No. 489).

AN ACT

To amend an Act entitled "An Act to create the State Court of Cherokee County," approved April 15, 1996 (Ga. L. 1996, p. 4427), as amended, so as to provide for the appointment of solicitor-general investigators; to provide for qualifications; to provide for powers; to provide for a chief investigator; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. An Act entitled "An Act to create the State Court of Cherokee County," approved April 15, 1996 (Ga. L. 1996, p. 4427), as amended, is amended by adding a new section to read as follows:

"Section 21.1. (a) The governing authority of Cherokee County is authorized, but not required, to provide for the employment of investigators by the solicitor-general. Any investigator appointed pursuant to this Act or Code Section 15-18-71 of the O.C.G.A. shall meet the qualifications for certification as a peace officer as provided in Chapter 8 of Title 35 of the O.C.G.A., the 'Georgia Peace Officer Standards and Training Act.' Such investigators shall exercise all the powers of a peace officer including the power to make arrests and to apply for, execute, and return any warrant, rule, order, or process in any county of this state. (b) The solicitor-general may appoint one investigator as the chief investigator to supervise such investigators in the performance of their duties as designated by the solicitor-general or his or her designee. The chief investigator shall serve at the pleasure of the solicitor-general."

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 2015 session of the General Assembly of Georgia a bill to amend and Act entitled "An Act to create the State Court of Cherokee County," approved April 15, 1996 (Ga. L. 1996, p. 4427) as amended; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mandi Ballinger, who on oath deposes and says that she is the Representative from District 23 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County on February 13, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MANDI BALLINGER Mandi Ballinger Representative, District 23

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Sworn to and subscribed before me, this 25th day of February 2015.

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

Approved May 12, 2015.

__________

BLUE RIDGE JUDICIAL CIRCUIT DISTRICT ATTORNEY; INVESTIGATORS.

No. 232 (House Bill No. 490).

AN ACT

To provide for the appointment of district attorney investigators in the Blue Ridge Judicial Circuit; to provide for qualifications; to provide for powers; to provide for a chief investigator; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) The governing authority of Cherokee County is authorized, but not required, to provide for the employment of investigators by the district attorney for the Blue Ridge Judicial Circuit. Any investigator appointed pursuant to this Act or Code Section 15-18-14.1 of the O.C.G.A. for the Blue Ridge Judicial Circuit shall meet the qualifications for certification as a peace officer as provided in Chapter 8 of Title 35 of the O.C.G.A., the 'Georgia Peace Officer Standards and Training Act.' Such investigators shall exercise all the powers of a peace officer including the power to make arrests and to apply for, execute, and return any warrant, rule, order, or process in any county of this state. (b) The district attorney may appoint one investigator as the chief investigator to supervise such investigators in the performance of their duties as designated by the district attorney or his or her designee. The chief investigator shall serve at the pleasure of the district attorney.

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

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is hereby given that there will be introduced in the regular 2015 session of the General Assembly of Georgia a bill to provide for the appointment of district attorney investigators in the Blue Ridge Judicial Circuit; to provide for qualifications; to provide for powers; to provide a chief investigator; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mandi Ballinger, who on oath deposes and says that she is the Representative from District 23 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County on February 13, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MANDI BALLINGER Mandi Ballinger Representative, District 23

Sworn to and subscribed before me, this 25th day of February 2015.

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

Approved May 12, 2015.

__________

CITY OF BRUNSWICK REDEVELOPMENT POWERS; REFERENDUM.

No. 233 (House Bill No. 493).

AN ACT

To authorize the City of Brunswick 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

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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 Brunswick 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 Brunswick 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 Brunswick 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 Brunswick 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 Brunswick for approval or rejection. The election superintendent shall conduct that election on any permissible special election date under Code Section 21-2-540 of the O.C.G.A. but not later than November, 2015, 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 Glynn County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City of Brunswick 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 those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved 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 Brunswick. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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

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

Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to authorize the City of Brunswick to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeff Jones, who on oath deposes and says that he is the Representative from District 167 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in The Brunswick News which is the official organ of Glynn County on February 11. 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JEFF JONES Jeff Jones Representative, District 167

Sworn to and subscribed before me, this 25th day of February 2015.

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

Approved May 12, 2015.

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CITY OF PEACHTREE CITY REDEVELOPMENT POWERS; REFERENDUM.

No. 234 (House Bill No. 495).

AN ACT

To authorize the City of Peachtree City 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 Peachtree City shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize the City of Peachtree City 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 Peachtree City 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 Peachtree City 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 Peachtree City for approval or rejection. The municipal election superintendent shall conduct that election on any permissible special election date under Code Section 21-2-540 of the O.C.G.A. but not later than November, 2015, and shall issue the call and conduct the election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fayette County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City of Peachtree City to exercise all redevelopment powers allowed under the 'Redevelopment
( ) NO Powers Law,' as it may be amended from time to time?"

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All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of the 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 Peachtree City. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.

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

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

Notice of Intention to Introduce Local Legislation
GEORGIA, FAYETTE COUNTY NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION - NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia of 1983 and O.C.G.A. 28-1-14, notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill for the restoration of municipal redevelopment powers to the City of Peachtree City pursuant to O.C.G.A. 36-44-22; to provide for a voter referendum for approval of said municipal redevelopment powers on November 3, 2015; to provide for the expiration of the legislation should the referendum result in voter rejection of the act or if the election is not conducted as provided; 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, Matt Ramsey, who on oath deposes and says that he is the Representative from District 72 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Fayette County News which is the official organ of Fayette County on February 4, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

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s/ MATT RAMSEY Matt Ramsey Representative, District 72

Sworn to and subscribed before me, this 19th day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

CITY OF TUCKER INCORPORATION; REFERENDUM.

No. 237 (House Bill No. 515).

AN ACT

To incorporate the City of Tucker in DeKalb County; to provide for a charter for the City of Tucker; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for codes; to provide for a charter commission; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, courts, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for ethics and disclosures; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for homestead exemptions; to provide for bonds for officials; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates and transitional provisions governing the transfer of various functions and responsibilities from DeKalb County to the City of Tucker;

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to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I CREATION, INCORPORATION, AND POWERS
SECTION 1.01. Incorporation.

This Act shall constitute the charter of the City of Tucker, Georgia. The City of Tucker, Georgia, in the County of DeKalb, and the inhabitants thereof, are constituted and declared a body politic and corporate under the same name and style of the "City of Tucker" 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 for all other purposes as authorized by the laws of the State of Georgia and the Constitution of the State of Georgia.

SECTION 1.02. Corporate boundaries.

The boundaries of the City of Tucker shall be those set forth and described in Appendix A of this charter, and such Appendix A is incorporated into and made a part of this charter. The city clerk shall maintain a current map and written legal description of the corporate boundaries of the city, and such map and description shall incorporate any changes which may hereafter be made in such corporate boundaries.

SECTION 1.03. Powers and construction.

(a) Except as provided in subsection (b) of this section, 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 same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city;

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(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 such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation.
(A) To condemn property inside the corporate limits of the city for present or future use and for any public purpose deemed necessary by the city council, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; and (B) To condemn and cause to be remediated or removed any building, structure, or existing condition within its corporate limits that is dangerous to life, limb, or property, by reasons of decay, dilapidation, or unsanitary condition. Nothing in this subparagraph shall be construed to relieve the city of any duty to give owners or interested persons reasonable notice and opportunity to remedy the situation. Nothing in this subparagraph shall be construed as relieving the city of liability to any owner or interested person for damages to person or property taken or destroyed in furtherance of this subparagraph. This subparagraph shall not be construed as authorizing the doing of any act or thing contrary to the Constitution of this state and the policy of the general laws of this state. The city shall have authority to adopt reasonable ordinances and resolutions for the purpose of carrying out this subparagraph; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the enactment of ordinances that preserve and improve air quality, restore and maintain water resources, control erosion and sedimentation, manage storm water and establish a storm-water utility, manage solid and hazardous waste, and provide other necessary or beneficial actions for the protection of the environment; (9) Ethics. To adopt ethics ordinances and regulations governing such things as, but not limited to, the conduct of municipal elected officials, appointed officials, contractors,

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vendors, and employees; establishing procedures for ethics complaints; and setting forth penalties for violations of such rules and procedures; (10) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (11) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges, taxes, or fees; (12) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (13) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (14) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (15) Homestead exemption. To establish and maintain procedures for offering homestead exemptions to residents of the city and maintaining current homestead exemptions of residents of the city as authorized by Act of the General Assembly; (16) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; to provide for the use of pretrial diversion and any alternative sentencing allowed by Georgia law; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (17) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (18) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices not specified in this charter, commissions, authorities, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (19) Municipal courts. To create a municipal court with a judge or judge and associate judges as may be necessary and to authorize the creation of a municipal court clerk's office or make said clerk's duties a part of the duties of the city clerk as designated by the city council;

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(20) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (21) Municipal property ownership. To acquire, 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; (22) 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; (23) 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, electricity generating plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same; (24) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (25) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (26) Planning and zoning. To provide comprehensive city planning for city land use, signage, and outside advertising, and development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (27) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (28) Public hazards: removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (29) Public improvements. To provide for the acquisition, construction, building, operation, maintenance, or abolition of public ways, parks and playgrounds, recreational facilities, cemeteries, public buildings, libraries, public housing, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside the corporate limits of the city and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (30) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (31) Public transportation. To organize and operate such public transportation systems as are deemed beneficial;

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(32) 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; (33) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (34) Retirement and employee benefits. To provide and maintain a retirement plan, insurance, and such other employee benefits for appointed officers and employees of the city, as are determined by the city council; (35) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (36) 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 assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements, subject to referendum; (38) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation to a maximum of 1 mill without a referendum; (39) Taxes: other. To levy and collect such other taxes and fees 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; to inspect such vehicles and mandate standards of safety and cleanliness; and to regulate the parking of such vehicles; (41) Tourism, conventions, and trade shows. To provide for the structure, operation, and management of the Tucker Convention and Visitors Bureau created pursuant to Section 1.05 of this charter and to authorize the City of Tucker to contract with private sector nonprofit organizations or other governmental agencies to promote tourism, conventions, and trade shows;

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(42) Urban redevelopment. To organize and operate an urban redevelopment program; and (43) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; 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. (b) Except as provided in subsection (c) of this section, the city shall exercise the powers enumerated in subsection (a) of this section only for the purposes of planning and zoning, code adoption and enforcement, and parks and recreation services and those items directly related to the provision of such services and for the general administration of the city in providing such services. (c) In the event that the city desires to provide services in addition to those services enumerated in subsection (b) of this section, the city council shall pass a resolution specifically stating the services sought to be offered by the city and shall submit such resolution for ratification by the electors of the city in a referendum. If the electors of the city vote in favor of ratifying such resolution, then the city shall be authorized to exercise the powers enumerated in subsection (a) of this section for the purpose of providing such services stated in such resolution and those items directly related to the provision of such services and for the general administration of the city in providing such services. If the electors of the city disapprove such resolution, such resolution shall immediately be null and void and of no force and effect.

SECTION 1.04. Exercise of powers.

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

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SECTION 1.05. Tourism, conventions, and trade shows.

The Tucker Convention and Visitors Bureau is hereby authorized to be created by an ordinance of the city council. When created, the bureau shall consist of a board of seven members appointed by the city council. The bureau shall report to the city manager on a regular basis and shall send an annual report to the city council in January of each year.

ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND LEGISLATIVE BRANCH
SECTION 2.01. City council creation; number; election.

(a) The legislative authority of the government of the City of Tucker, except as otherwise specifically provided in this charter, shall be vested in a city council of which the mayor shall be a voting member.
(b)(1) The city council of the City of Tucker shall consist of six members, plus the mayor. (2) There shall be three council districts, designated as Council Districts 1 through 3, as described in Appendix B of this charter, which is attached to and made a part of this charter of the City of Tucker. (3) Two councilmembers shall be elected from each of the three council districts and shall hold Council District 1, Post 1; Council District 1, Post 2; Council District 2, Post 1; Council District 2, Post 2; Council District 3, Post 1; and Council District 3, Post 2, respectively. Each person desiring to offer as a candidate for councilmember for such posts shall designate the council post for which he or she is offering. Councilmembers shall be elected by a majority vote of the qualified electors of the respective council districts voting at the elections of the city. In the event that no candidate for a council post obtains a majority vote of the qualified electors of the council district voting in the election, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election for such council post shall be included in the run-off election. The person receiving the highest number of votes of the qualified electors of the council district voting at such run-off election shall be elected. Each candidate for election to the city council shall reside in the district which he or she seeks to represent. (c) With the exception of the initial terms set forth in subsection (d) of this section, councilmembers shall be elected to terms of four years and until their respective successors are elected and qualified on a staggered basis in alternate election cycles such that every two years three councilmembers are up for election. (d) In order to assure staggered elections of the councilmembers, in the first election of the city council, the terms for the candidates elected for Council District 1, Post 1; Council District 2, Post 1; and Council District 3, Post 1 shall expire upon the administration of the oath of office to their successors elected in the regular elections held in November, 2017, as

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provided in subsection (b) of Section 2.02 of this charter. The terms for the candidates elected for Council District 1, Post 2; Council District 2, Post 2; and Council District 3, Post 2 shall expire upon the administration of the oath of office to their successors elected in the regular elections held in November, 2019, as provided in subsection (b) of Section 2.02 of this charter. Thereafter, a successor to each councilmember shall be elected at the November election immediately preceding the end of such councilmember's term of office, and the term of each councilmember shall expire upon the administration of the oath of office to his or her successor. (e) With the exception of the initial term of office, the mayor of the City of Tucker, with the powers and duties specified in this charter, shall be elected to a term of four years and until his or her successor is elected and qualified. The mayor shall be elected by a majority vote of the qualified electors of the city at large voting at the elections of the city. In the event that no candidate for mayor obtains a majority vote of the qualified electors of the city at large voting at the elections of the city, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election shall be included in the run-off election, and the candidate receiving the highest number of votes in the runoff of the qualified electors of the city at large voting in such runoff shall be elected. The term of the first elected mayor shall expire upon the administration of the oath of office to his or her successor elected in the regular election held in November, 2017, as provided in subsection (b) of Section 2.02 of this charter. Thereafter, a successor to each mayor shall be elected at the November election immediately preceding the end of such mayor's term of office and the term of each mayor shall expire upon the administration of the oath of office to his or her successor.

SECTION 2.02. Mayor and councilmembers; terms and qualifications for office.

(a) For all elections subsequent to the first election, the mayor and councilmembers shall serve for terms of four years and until their terms shall expire upon the administration of the oath of office to their respective successors. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the City of Tucker for a continuous period of at least 12 months immediately prior to the date of election for mayor or councilmember, shall continue to reside therein during that person's period of service, and shall continue to be registered and qualified to vote in municipal elections of the City of Tucker. In addition to the above requirements, no person shall be eligible to serve as a councilmember representing a council district unless that person continues to reside in such district during that person's period of service. (b) An election shall be held on the date of and in conjunction with the 2016 presidential preference primary to elect the first mayor and city council. At such election, the first mayor and council shall be elected to serve for the initial terms of office specified in subsections (d) and (e) of Section 2.01. Thereafter, the time for holding regular municipal elections shall be

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on the Tuesday after the first Monday in November of each odd-numbered year beginning in 2017. (c) The number of successive terms an individual may hold a position as a councilmember shall be limited to two terms. (d) The number of successive terms an individual may hold the position of mayor shall be limited to three terms.

SECTION 2.03. Vacancy; filling of vacancies; suspensions.

(a) Elected officials of the city shall not hold other elective or public offices. The elective offices of the city's government shall become vacant upon the incumbent's death, resignation, removal, or forfeiture of office. The following shall result in an elected city official forfeiting his or her office:
(1) Failing to reside in the city or the district from which such person was elected; (2) Being convicted of, or pleading guilty or nolo contendere to, a felony or any misdemeanor involving theft or deception; or (3) Failing to attend one-third of the regular meetings of the council in a three-month period without being excused by the council. (b) The office of mayor shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor. (c) The office of a councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of a councilmember shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the mayor shall appoint a successor for the remainder of the term, subject to the approval of the city council or those members remaining. This provision shall also apply to a temporary vacancy created by the suspension from office of a councilmember.

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SECTION 2.04. Nonpartisan elections.

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

SECTION 2.05. Election votes.

The candidate for mayor who receives the majority vote of the qualified electors of the city at large voting in the elections of the city and the candidates for the city council who receive the majority vote of the qualified electors of their respective districts voting in the elections of the city shall be elected to a term of office.

SECTION 2.06. Applicability of general laws; qualifying; other provisions.

All elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A, the "Georgia Election Code," as now or hereafter amended or otherwise provided by law. Except as otherwise provided by this charter, the city council shall, by ordinance or resolution, prescribe such rules and regulations as it deems appropriate, including, but not limited to, the establishment of qualifying fees, to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A, the "Georgia Election Code," as now or hereafter amended or otherwise provided by law.

SECTION 2.07. Compensation and expenses.

The annual salary of the mayor shall be $20,000.00, and the annual salary for each councilmember shall be $14,000.00. Such salaries shall be paid from municipal funds in monthly installments. The mayor shall be provided an annual expense allowance of $5,000.00 and each councilmember shall be provided an annual expense allowance of $3,000.00 for the reimbursement of expenses actually and necessarily incurred by the mayor and councilmembers in carrying out their duties as elected officials of the city.

SECTION 2.08. Inquiries and investigations.

The city council may make inquiries and investigations into the affairs of the city and conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any

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person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as may be provided by ordinance.

SECTION 2.09. Meetings, oath of office, and mayor pro tempore.

(a) The city council shall meet on the seventh working day in January immediately following each regular municipal election. The meeting shall be called to order by the mayor-elect, and the oath of office shall be administered to the newly elected mayor and councilmembers collectively by a judicial officer authorized to administer oaths. The oath shall, to the extent that it comports with federal and state law, be as follows:
"I do solemnly swear or affirm that I will faithfully execute the office of [councilmember or mayor, as the case may be] of the City of Tucker, and will, to the best of my ability, support and defend the Constitution of the United States, the Constitution of the State of Georgia, and the charter, ordinances, and regulations of the City of Tucker. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of my district and the City of Tucker for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interests of the City of Tucker to the best of my ability without fear, favor, affection, reward, or expectation thereof." (b) Following the induction of the mayor and councilmembers, the city council, by a majority vote of the councilmembers, shall elect a councilmember to be mayor pro tempore, who shall serve for a term of two years and until a successor is elected and qualified. The number of successive terms an individual may hold a position as mayor pro tempore shall be unlimited. (c) The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's temporary disability, suspension, or absence. If the mayor pro tempore is absent because of sickness or disqualification, any one of the remaining councilmembers, chosen by the councilmembers present, shall be clothed with all the rights and privileges of the mayor as described in this charter and shall perform the mayor's duties in the same manner as the mayor pro tempore. (d) The city council shall, at least once a month, hold regular meetings at such times and places as shall be prescribed by ordinance. The city council may recess any regular meeting and continue such meeting on any day or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (e) Special meetings of the city council may be held on call of either the mayor and one councilmember or three councilmembers. Notice of such special meetings shall be delivered

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to all councilmembers, the mayor, and the city manager personally, by registered mail, or by electronic means at least 24 hours in advance of the meeting. Such notice shall not be required if the mayor, all councilmembers, and the city manager are present when the special meeting is called. Such notice of any special meeting may be waived by the mayor, a councilmember, or the city manager in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice. The notice of such special meeting shall state what business is to be transacted at the special meeting. Only the business stated in the call may be transacted at the special meeting.

SECTION 2.10. Quorum; voting.

(a) Four councilmembers shall constitute a quorum and shall be authorized to transact business for the city council. The mayor shall be counted toward the making of a quorum. Voting on the adoption of ordinances shall be taken by voice vote, and the yeas and nays shall be recorded in the minutes, but on the request of any member, there shall be a roll call vote. In order for any ordinance, resolution, motion, or other action of the city council to be adopted, the measure shall receive at least three affirmative votes and shall receive the affirmative votes of a majority of those voting. Notwithstanding any provision to the contrary, no ordinance shall be adopted if the ordinance receives a no vote from both councilmembers that have a residence requirement in any one of the three districts. (b) Any voting member of the council may abstain from voting on an issue or may recuse himself or herself from voting only when a conflict of interest exists. Such conflict shall be disclosed to the city council and entered on the record. A vote to abstain may be entered by any voting member as a protest under the councilmember's First Amendment rights and shall be reflected as such in the record of the vote. If any councilmember or the mayor is present and eligible to vote on a matter and refuses to do so for a reason he or she will not disclose, he or she shall be deemed to have voted with the majority of the votes of the other councilmembers on the issue involved, provided that if there is a tie in the vote of the voting councilmembers, then the mayor and each councilmember shall be required to vote unless he or she discloses a reason for not voting. The mayor shall have one vote on all matters brought before the council. (c) The following types of actions require an ordinance in order to have the force of law:
(1) Adopt or amend an administrative code or establish, alter, or abolish a department, office not specified in this charter, or agency; (2) Provide for a fine or other penalty; (3) Levy taxes; (4) Grant, renew, or extend a franchise; (5) Regulate a rate for a public utility; (6) Authorize the borrowing of money; (7) Convey, lease, or encumber city land;

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(8) Regulate land use and development; (9) Amend or repeal an ordinance already adopted; and (10) Propose and vote on a budget for the fiscal year and to authorize a budget plan for a term beyond the current fiscal year. (d) The city council shall establish by ordinance procedures for convening emergency meetings. In an emergency, an ordinance may be passed without notice or hearings if the city council passes the ordinance by a three-fourths' vote; provided, however, that the city council shall not in an emergency meeting: (1) Levy taxes; (2) Grant, renew, or extend a franchise; (3) Regulate a rate for a public utility; or (4) Borrow money.

SECTION 2.11. General power and authority of the city council.

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

SECTION 2.12. Administrative and service departments.

(a) Except for the office of city manager and the positions provided for in this charter, the city council, by ordinance, may establish, abolish, merge, or consolidate offices not specified in this charter, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs and government of the city. The city council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies created or established under 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. (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

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ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and city council.

SECTION 2.13. Prohibitions.

(a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is in conflict with or which is within the scope of the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others, except as required by law; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which he or she is engaged. As used in this paragraph, the term "valuable" means an amount determined by the city council; provided, however, that the amount shall not exceed $150.00; or (5) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she or any member of his or her immediate family has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. As used in this subsection, the term "private financial interest" includes the interest of a spouse, child, or significant other or domestic partner. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose in writing such private interest, 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

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contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the city council shall hold any other elective city office or be employed by any city or county government during the term for which elected.

SECTION 2.14. Boards, commissions, and authorities.

(a) All members of boards, commissions, and authorities of the city shall be nominated by the mayor subject to confirmation by the city council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law. If the city council does not approve of two consecutive nominations by the mayor for the same position, any councilmember may nominate such member subject to confirmation by the city council. (b) No member of any board, commission, or authority of the city shall hold any elective office in the city. Councilmembers and the mayor, however, may serve as ex officio members of such boards, commissions, or authorities, without a vote. (c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for original appointment, except as otherwise provided by this charter or any applicable law of the State of Georgia. (d) No member of a board, commission, or authority shall assume office until he or she shall have executed and filed with the designated officer of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance of the city council and administered by the mayor or a judicial officer authorized by law to administer oaths. (e) Any member of a board, commission, or authority may be removed from office by a vote of a majority of the councilmembers in accordance with state laws. (f) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the city government shall elect one of its members as chairperson and one member as vice chairperson for terms of one year and may elect as its

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

SECTION 2.15. Ordinance form; procedures.

(a) Every proposed ordinance and resolution shall be introduced in writing, and the city council shall have the authority to approve, disapprove, or amend such ordinance or resolution. A resolution may be passed at the time it is offered, but an ordinance shall not be adopted until the title of such ordinance shall have been read at two city council meetings, provided that the beginning of such meetings be not less than 24 hours nor more than 60 days apart. This requirement of two readings shall not apply to emergency ordinances, to ordinances passed during the first 90 days from the date on which the city begins operation, or to ordinances adopted at the first meeting of the initial city council as elected under subsection (b) of Section 2.02 of this charter. The catchlines of sections of this charter or any ordinance printed in boldface type, italics, or otherwise are intended as mere catchwords to indicate the contents of the section and:
(1) Shall not be deemed or taken to be titles of such sections or as any part of the section; and (2) Shall not be so deemed when any of such sections, including the catchlines, are amended or reenacted unless expressly provided to the contrary. Furthermore, the chapter, article, and section headings contained in this charter shall not be deemed to govern, limit, or modify or in any manner affect the scope, meaning, or intent of the provisions of any chapter, article, or section of this charter. (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 2.16. Submission of ordinances to the city clerk.

(a) Every ordinance, resolution, and other action adopted by the city council shall be presented to the city clerk within 15 days of its adoption or approval. The city clerk shall record upon the ordinance the date of its delivery from the city council. (b) An ordinance or resolution that has been passed by the city council shall become effective on the date the ordinance is passed by the city council or on such other date as may be specified in the ordinance.

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ARTICLE III EXECUTIVE BRANCH
SECTION 3.01. Powers and duties of the mayor.

(a) The mayor shall: (1) Preside over all meetings of the city council; (2) Set the agenda for meetings of the city council after receiving input from members of the city council, the city manager, and the public; provided, however, that an additional item shall be added to the agenda upon the written request of any member of the city council, and name of the mayor or councilmember placing an item on the agenda shall be noted on the agenda; (3) Serve as the ceremonial head of the city and as its official representative to federal, state, and local government bodies and officials; (4) Sign all orders, checks, and warrants for payment of money within a level of authorization as established by the city council; (5) Execute all contracts, deeds, and other obligations of the city within a level of authorization as established by the city council; (6) Vote in all matters before the city council as provided in subsection (a) of Section 2.10 of this charter; (7) Make all appointments of city officers as provided by this charter, subject to confirmation by the city council; (8) Serve in a part-time capacity and be compensated accordingly; (9) Approve all raises or increases in compensation of city staff with the consent of the city council; 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.
(b) The mayor shall have the authority to certify that a supplemental appropriation is possible due to unexpected revenue increases but only with approval of the city council. (c) The mayor shall have all of the powers specifically granted to the mayor elsewhere in this charter regardless of whether such powers are enumerated in this section.

SECTION 3.02. City manager; appointment and qualification.

The mayor shall nominate a person for the office of city manager, and the approval of the city council shall be required to make the appointment official. If the first proposed city manager is rejected by the city council, the mayor shall make a second appointment selection. If the city council rejects that second appointment selection, the city council shall offer a candidate for city manager and, by a majority vote, send the appointee to the mayor for approval. If the mayor vetoes or does not approve, a second vote of a two-thirds' majority

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of the council shall be needed to approve the appointee for the position. The city council may offer as many candidates as needed until the required approval is achieved. The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her education and experience in the accepted competencies and practices of local government management.

SECTION 3.03. City manager; chief administrative officer.

The city manager shall be the chief administrative officer of the government of the city. The city manager shall devote all of his or her working time and attention to the affairs of the city and shall be responsible to the mayor and city council for the proper and efficient administration of the affairs of the city over which such officer has jurisdiction.

SECTION 3.04. City manager; powers and duties enumerated.

The city manager shall have the power, and it shall be his or her duty, to: (1) See that all laws and ordinances are enforced; (2) Propose a budget for city operations from a zero base with input from the actual expenditures of the city from the prior year; (3) Appoint and employ all necessary employees of the city, provided that the power of this appointment shall not include officers and employees who, by this charter, are appointed or elected by the mayor and the city council or departments not under the jurisdiction of the city manager; (4) Remove employees appointed and employed under paragraph (3) of this section, without the consent of the city council and without assigning any reason therefor; (5) Exercise supervision and control of all departments and all divisions created in this charter or that may hereafter be created by the city council except as otherwise provided in this charter or specified by the city council; (6) Attend all meetings of the city council, without a right to vote, but with a right to take part in the discussions as seen fit by the chairperson; provided, however, that regardless of the decision of the meeting chairperson, the city manager may take part in any discussion and report on any matter requested and approved by the city council at such meeting. The city manager shall be entitled to notice of all special meetings; (7) Recommend to the city council for adoption such measures as the city manager may deem necessary or expedient; (8) See that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed and, upon knowledge of any violation thereof, to call the same to the attention of the city attorney, whose duty it shall be forthwith to take such steps as are necessary to protect and enforce the same;

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(9) Make and execute all lawful contracts on behalf of the city as to matters within the city manager's level of authorization as established by the city council to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no contract purchase or obligation requiring a budget amendment shall be valid and binding until after approval of the city council; (10) Sign all orders, checks, and warrants for payment of money within the city manager's level of authorization as established by the city council to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no such order, check, or warrant requiring a budget amendment shall be valid and binding until after approval of the city council; (11) Act as budget officer to prepare and submit to the city council, after review and comment by the mayor, prior to the beginning of each fiscal year, a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amounts allotted to each department of the city government and the reasons for such estimated expenditures; (12) Keep the city council at all times fully advised as to the financial condition and needs of the city; (13) Make a full written report to the city council on the fifteenth of each month showing the operations and expenditures of each department of the city government for the preceding month, and a synopsis of such reports shall be published by the city clerk; (14) Fix all salaries and compensation of city employees in accordance with the city budget and the city pay and classification plan; (15) Shall have the authority to transfer appropriations within a department, fund, service, strategy, or organizational unit, but only with the approval of the city council; and (16) Perform such other duties as may be prescribed by this charter or required by ordinance or resolution of the city council.

SECTION 3.05. City council interference with administration.

Except for the purpose of inquiries and investigations under Section 2.08 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction or supervision of the city manager solely through the city manager or a designated agent, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.

SECTION 3.06. City manager; removal.

(a) The mayor and city council may remove the city manager from office for any reason in accordance with the following procedures:

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(1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution removing the city manager and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within five days after a copy of the resolution is delivered to the city manager, he or she may file with the city council a written request for a public hearing. This hearing shall be held at a city council meeting not earlier than 15 days nor later than 30 days after the request is filed. The city manager may file with the city council a written reply not later than five days before the hearing; and (3) The city council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of four of its members at any time after five days from the date when a copy of preliminary resolution was delivered to the city manager, if he or she has not requested a public hearing, or at any time after the public hearing if he or she has requested one. (b) The city manager shall continue to receive his or her salary until the effective date of a final resolution of his or her removal. The action of the city council in suspending or removing the city manager shall not be subject to review by any court or agency. (c) If the city manager is suspended in accordance with subsection (a) of this section or becomes disabled and is unable to carry out the duties of the office or if the city manager dies, the acting city manager shall perform the duties of the city manager until the city manager's disability is removed or until the city manager is replaced. Removal of the city manager because of disability shall be carried out in accordance with the provisions of subsection (a) of this section.

SECTION 3.07. Acting city manager.

(a) The mayor with the approval of the city council may appoint any person to exercise all powers, duties, and functions of the city manager during the city manager's suspension under subsection (a) of Section 3.06 of this charter, temporary absence from the city, or during the city manager's disability. (b) In the event of a vacancy in the office of city manager, the mayor may designate with the approval of the city council a person as acting city manager, who shall exercise all powers, duties, and functions of the city manager until a city manager is appointed.

SECTION 3.08. City attorney.

The city council shall appoint the city attorney or attorneys, together with such assistant city attorneys as may be deemed appropriate, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The rates or salary paid to any city attorney or

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assistant city attorney shall be approved in advance by the city council. The city attorney or attorneys 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 if the city elects to create a municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, other officers, and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of his or her position as city attorney. Except as provided in this charter, the city attorney or attorneys shall review and sign all contracts and documents that bind the city but shall not have the power to bind the city. In a conflict between the mayor and the city council, the city attorney shall engage a separate outside firm to represent the interests of the city council and mayor, respectively. Notwithstanding any law or ordinance to the contrary, the city attorney shall not represent the interest of the city council or the mayor against the other. Unless the litigation allegations specify individual wrongdoing by an individual member of the city council or the mayor, the outside firm shall be able to represent the entity rather than the individual and separate attorneys for the individuals of the city council shall not be necessary.

SECTION 3.09. City clerk.

The city council shall appoint a city clerk to keep a journal of the proceedings of the city council; to maintain in a safe place all records and documents pertaining to the affairs of the city; and to perform such duties as may be required by law or ordinance or as the mayor or city manager may direct.

SECTION 3.10. Tax collector.

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

SECTION 3.11. City accountant.

The city council shall appoint a city accountant to perform the duties of an accountant.

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SECTION 3.12. City internal auditor.

The city council shall appoint an internal auditor to audit the financial records and expenditures of city funds and to report the results of such audits in writing to the city council at times and intervals set by the city council but no less than quarterly. Such audit reports shall, at a minimum, identify all city expenditures and other financial matters that the internal auditor either determines are not in compliance with or cannot conclusively be determined to be in compliance with: (1) the provisions of this charter; (2) the applicable city budget; and (3) applicable ordinances, resolutions, or other actions duly adopted or approved under the provisions of this charter.

SECTION 3.13. Consolidation of functions.

The city manager, with the approval of the city council, may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant, or any other positions, or may assign the functions of any one or more of such positions to the holder or holders of any other positions. The city manager may also, with the approval of the city council, perform all or any part of the functions of any of the positions or offices in lieu of the appointment of other persons to perform the same.

SECTION 3.14. Position classification and pay plans; employment at will.

The city manager shall be responsible for the preparation of a position classification and a pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the City of Tucker and any of its agencies and offices. When a pay plan has been adopted by the city council, neither the city council nor the city manager shall increase or decrease the salaries of individual employees except in conformity with such pay plan or pursuant to an amendment of such pay plan duly adopted by the city council. Except as otherwise provided in this charter, all employees of the city shall be subject to removal or discharge, with or without cause, at any time.

ARTICLE IV MUNICIPAL COURT
SECTION 4.01. Creation.

The city council may establish by ordinance a court to be known as the Municipal Court of the City of Tucker which shall have jurisdiction and authority to try offenses against the laws

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and ordinances of such city and to punish for a violation of such laws or ordinances. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law, including ordinances of the city; to punish witnesses for nonattendance and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before such court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city 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. Such court shall be presided over by a judge of such court pursuant to Chapters 32 through 45 and 60 through 76 of Title 36 of the O.C.G.A. The provisions of this article shall apply only upon the creation of the municipal court.

SECTION 4.02. Judges.

(a) There shall be at least one judge of the municipal court and that judge shall be designated as the chief judge with the authority to direct the court calendar, recommend associate judges to the city council, sit in presiding matters, discipline the city solicitors, and enforce all the powers of a judicial officer pursuant to Chapter 1 of Title 15 of the O.C.G.A. (b) No person shall be qualified or eligible to serve as a judge unless he or she shall have attained the age of 28 years and shall have been a member of the State Bar of Georgia for a minimum of seven years. The judge or judges 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. (c) Before entering on duties of his or her office, a 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. (d) A 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 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.

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SECTION 4.03. Convening.

The municipal court shall be convened at such times as designated by ordinance or at such times as deemed necessary by the judge to keep current the dockets thereof.

SECTION 4.04. Jurisdiction; powers.

(a) The municipal court shall try and punish for crimes against the City of Tucker and for violations of its ordinances. The municipal court may fix punishment for offenses within its jurisdiction to the fullest extent allowed by state law. (b) The municipal court shall have authority to recommend to the city council for approval a schedule of fees to defray the cost of operation. (c) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as security for appearances of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited to the judge presiding at such time and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City of Tucker, or the property so deposited shall have a lien against it for the value forfeited. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears, by probable cause, that a state law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of such court. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena, and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The municipal court is specifically vested with all of the judicial jurisdiction and judicial powers throughout the entire area of the City of Tucker granted by state laws generally to municipal courts, and particularly by such laws as authorize the abatement of nuisances.

SECTION 4.05. Certiorari.

The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under

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the sanction of a judge of the Superior Court of DeKalb County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

SECTION 4.06. Rules for court.

With the approval of the city council, the judge 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.

ARTICLE V FINANCE AND FISCAL
SECTION 5.01. Fiscal year.

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

SECTION 5.02. Preparation of budgets.

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

SECTION 5.03. Submission of operating budget to city council.

(a) On or before a date fixed by the city council, but not later than the first day of the ninth month of the fiscal year currently ending, the city manager shall, after input, review, and comment by the mayor, submit to the city council a proposed operating budget and capital budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor and city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as they may deem pertinent. The operating budget, the capital budget, the budget message, and all supporting documents shall be filed in the office of the city manager and shall be open to public inspection.

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(b) Prior to passage of the budget, the city council shall hold a special public hearing at which the budget shall be presented and public comment on the budget shall be solicited. The date, time, and place of the special public hearing shall be announced no less than 30 days prior to the scheduled date for such hearing. (c) All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made. When a supplemental appropriation is certified by the city manager to exist, these appropriations may be spent during the current fiscal year following passage of a supplemental appropriation ordinance.

SECTION 5.04. Action by city council on budget.

(a) The city council may amend the operating budget or capital budget proposed by the city manager in accordance with subsection (a) of Section 5.03 of this charter, except that the budget, as finally amended and adopted, 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. (b) The city council shall adopt a budget on or before the first day of the eleventh month of the fiscal year currently ending. If the city council fails to adopt the budget by the prescribed deadline, the operating budget and capital budget proposed by the mayor and city manager shall be adopted without further action by the city council.

SECTION 5.05. Procurement and property management.

No contract with the city shall be binding on the city unless it is in writing. The city council may adopt procedures for the authorization of certain contracts without the city attorney's signature or city council approval. Absent the foregoing, no contract with the city shall be binding on the city unless:
(1) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (2) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings.

SECTION 5.06. Purchasing.

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

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SECTION 5.07. External audits.

(a) There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public. (b) As a minimum, all audits and budgets of the city shall satisfy the requirements of Chapter 81 of Title 36 of the O.C.G.A., relating to local government audits and budgets. (c) The city council shall appoint the external auditor.

SECTION 5.08. Homestead exemption; freeze.

(a) As used in this section, 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 Tucker, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this section is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include not more than five contiguous acres of homestead property.
(b) Each resident of the City of Tucker is granted an exemption on that person's homestead from City of Tucker ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is added to or removed from the homestead, the base year assessed value shall be adjusted to reflect such addition or removal, and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Tucker, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Tucker, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Tucker, or the designee thereof, shall provide application forms for this purpose.

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(d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Tucker, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017.

SECTION 5.09. Homestead exemption; senior citizens; disabled.

(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Tucker, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means Georgia taxable net income determined pursuant to Chapter 7 of Title 48 of the O.C.G.A., as amended, for state income tax purposes, except income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and such individual's spouse under the federal Social Security Act. Income from such sources in excess of such maximum amount shall be included as income for the purposes of this charter. (4) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made.
(b) Each resident of the City of Tucker who is disabled or is a senior citizen is granted an exemption on that person's homestead from City of Tucker ad valorem taxes for municipal purposes in the amount of $14,000.00 of the assessed value of that homestead. The exemption granted by this subsection shall only be granted if that person's income, together

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with the income of the spouse who also occupies and resides at such homestead, does not exceed $15,000.00 for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation.
(c)(1) In order to qualify for the exemption provided for in subsection (b) of this section due to being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that, in the opinion of such physician or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Tucker, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Tucker, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Tucker, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Tucker, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017.

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SECTION 5.10. Homestead exemption; general.

(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Tucker, 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 Tucker is granted an exemption on that person's homestead from City of Tucker ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Tucker, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Tucker, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Tucker, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Tucker, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017.

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SECTION 5.11. Homestead exemption; surviving spouses.

(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Tucker, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Unremarried surviving spouse" of a member of the armed forces includes the unmarried widow or widower of a member of the armed forces who is receiving spousal benefits from the United States Department of Veterans Affairs.
(b) Any person who is a resident of the City of Tucker and who is an unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in or has died as a result of any war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, shall be granted a homestead exemption from all City of Tucker ad valorem taxation for municipal purposes in the amount of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended. As of January 1, 2013, the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended, is $50,000.00. The exemption shall be on the homestead which the unremarried surviving spouse owns and actually occupies as a residence and homestead. In the event such surviving spouse remarries, such person shall cease to be qualified to continue the exemption under this Act effective December 31 of the taxable year in which such person remarries. The value of all property in excess of such exemption granted to such unremarried surviving spouse shall remain subject to taxation. (c) In order to qualify for the exemption provided for in this Act, the unremarried surviving spouse shall furnish to the governing authority of the City of Tucker, or the designee thereof, documents from the Secretary of Defense evidencing that such unremarried surviving spouse receives spousal benefits as a result of the death of such person's spouse who as a member of the armed forces of the United States was killed or died as a result of a war or armed conflict while on active duty or while performing authorized travel to or from active duty during such war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, pursuant to the Survivor Benefit Plan under Subchapter II of Chapter 73 of Title 10 of the United States Code or pursuant to any preceding or subsequent federal law which provides survivor benefits for spouses of members of the armed forces who were killed or who died as a result of any war or armed conflict. (d) An unremarried surviving spouse filing for the exemption under this section shall be required to file with the governing authority of the City of Tucker, or the designee thereof,

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information relative to marital status and such other information which the governing authority of the City of Tucker, or the designee thereof, deems necessary to determine eligibility for the exemption. Each unremarried surviving spouse shall file for the exemption only once with the governing authority of the City of Tucker or the designee thereof. Once filed, the exemption shall automatically be renewed from year to year, except that the governing authority of the City of Tucker, or the designee thereof, may require annually that the holder of an exemption substantiate his or her continuing eligibility for the exemption. It shall be the duty of any person granted the homestead exemption under this section to notify the governing authority of the City of Tucker, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by this section shall be in lieu of and not in addition to any other exemption from ad valorem taxation for municipal purposes which is equal to or lower in amount than such exemption granted by this section. If the amount of any other exemption from ad valorem taxation for municipal purposes applicable to any resident qualifying under this section is greater than or is increased to an amount greater than the amount of the applicable exemption granted by this section, such other exemption shall apply and shall be in lieu of and not in addition to the exemption granted by this section. (f) The exemptions granted by this section shall apply to all tax years beginning on or after January 1, 2017.

ARTICLE VI GENERAL PROVISIONS
SECTION 6.01. DeKalb county special services tax district.

For the taxable years beginning on or after January 1, 2016, the adjusted ad valorem tax millage rate and amount for service charges or fees for district services for the Tucker special services tax district shall be 0 percent. This section is enacted pursuant to the authority granted to the General Assembly under Section 1 of that local constitutional amendment providing that certain municipalities in DeKalb County shall constitute special services tax districts, Resolution Act No. 168; House Resolution No. 715-1916; Ga. L. 1978, p. 2468, to control the subject matter of such local constitutional amendment. Municipal services provided by DeKalb County for the City of Tucker shall be established through intergovernmental agreements or established as otherwise authorized by statute.

SECTION 6.02. Referendum and initial election.

(a) The election superintendent of DeKalb County shall call a special election for the purpose of submitting this Act to the qualified voters of the proposed City of Tucker for approval or rejection. The superintendent shall set the date of such election for the Tuesday

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after the first Monday in November, 2015. The superintendent shall issue the call for such election at least 60 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act incorporating the City of Tucker in DeKalb County according ( ) NO to the charter contained in the Act and the homestead exemptions described
in the Act be approved?"
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, it shall become of full force and effect as provided in this charter, otherwise it shall be void and of no force and effect. The initial expense of such election shall be borne by DeKalb County. Within two years after the elections if the incorporation is approved, the City of Tucker shall reimburse DeKalb County for the actual cost of printing and personnel services for such election and for the initial election of the mayor and councilmembers pursuant to Section 2.02 of this charter. It shall be the duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State. (b) For the purposes of the referendum election provided for in subsection (a) of this section and for the purposes of the special election of the City of Tucker to be held on the date of and in conjunction with the 2016 presidential preference primary, the qualified electors of the City of Tucker shall be those qualified electors of DeKalb County residing within the corporate limits of the City of Tucker as described by Appendix A of this charter. At subsequent municipal elections, the qualified electors of the City of Tucker shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c) Only for the purposes of holding and conducting the referendum election provided for by subsection (a) of this section and holding and conducting the special election of the City of Tucker to be held on the date of and in conjunction with the 2016 presidential preference primary, the election superintendent of DeKalb County is vested with the powers and duties of the election superintendent of the City of Tucker and the powers and duties of the governing authority of the City of Tucker.

SECTION 6.03. Effective dates and transition.

(a) The initial mayor and councilmembers shall take the oath of office the next business day after certification of the election of such officers and by action of any four members of the governing authority may, prior to the first day of the second month immediately following the 2016 presidential preference primary, meet and take actions binding on the city.

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(b) A period of time will be needed for an orderly transition of various government functions from DeKalb County to the City of Tucker. Accordingly, there shall be a two-year transition period as allowed by law beginning at 12:01 A.M. on the first day of the second month immediately following the 2016 presidential preference primary. (c) During such transition period, DeKalb County shall continue to provide within the territorial limits of the city all government services and functions which DeKalb County provided in 2015 and at the same actual direct cost and level of service, except to the extent otherwise provided in this section; provided, however, that upon at least 30 days' prior written notice to the governing authority of DeKalb County by the governing authority of the City of Tucker, responsibility for any such service or function shall be transferred to the City of Tucker. The governing authority of the City of Tucker shall determine the date of commencement of collection of taxes, fees, assessments, fines and forfeitures, and other moneys within the territorial limits of the city and the date upon which the City of Tucker is considered removed from the special services tax district. (d) During the transition period, the governing authority of the City of Tucker may generally exercise any power granted by this charter or general law, except to the extent that a power is specifically and integrally related to the provision of a governmental service, function, or responsibility not yet provided or carried out by the city. (e) During the transition period, all ordinances of DeKalb County shall remain applicable within the territorial limits of the city unless otherwise amended, repealed, or replaced by the City of Tucker. Any transfer of jurisdiction to the City of Tucker during or at the end of the transition period shall not in and of itself abate any judicial proceeding pending in DeKalb County or the pending prosecution of any violation of any ordinance of DeKalb County. (f) During the transition period, the governing authority of the City of Tucker may at any time, without the necessity of any agreement by DeKalb County, commence to exercise its planning and zoning powers; provided, however, that the city shall give the county notice of the date on which the city will assume the exercise of such powers. Upon the governing authority of the City of Tucker commencing to exercise its planning and zoning powers, the Municipal Court of the City of Tucker shall immediately have jurisdiction to enforce the planning and zoning ordinances of the city. The provisions of this subsection shall control over any conflicting provisions of any other subsection of this section. (g) Effective upon the termination of the transition period, subsections (b) through (f) of this section shall cease to apply except for the last sentence of subsection (e) which shall remain effective. Effective upon the termination of the transition period, the City of Tucker shall be a full functioning municipal corporation and subject to all general laws of this state.

SECTION 6.04. Directory nature of dates.

It is the intention of the General Assembly that this Act be construed as directory rather than mandatory with respect to any date prescribed in this Act. If it is necessary to delay any

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action called for in this Act for providential cause or any other reason, it is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the generality of the foregoing, it is specifically provided that, if it is not possible to hold the referendum election provided for in Section 6.02 of this Act on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable. If the referendum election provided for in Section 6.02 of this Act is conducted on or before the Tuesday after the first Monday in November, 2015, the special election for the initial members of the governing authority shall be conducted on the date specified in Section 2.02 of this Act. If the referendum election provided for under Section 6.02 of this Act is conducted after the Tuesday after the first Monday in November, 2015, then the special election for the initial members of the governing authority shall be held as soon thereafter as is reasonably practicable, and the commencement of the initial terms of office shall be delayed accordingly. If the first election provided for in Section 2.02 of this Act occurs after the date of the 2016 presidential preference primary, the city council shall be authorized to delay the dates otherwise specified in Section 6.03 of this Act.

SECTION 6.05. Charter commission.

No later than three years after the inception of the City of Tucker, 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 member by the mayor, one member by the city council, and one member by each member of the Georgia House of Representatives and Georgia Senate whose district lies wholly or partially within the corporate boundaries of the City of Tucker. All members of the charter commission shall reside in the City of Tucker. The commission shall complete the recommendations within the time frame required by the city council.

SECTION 6.06. Effective date.

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

SECTION 6.07. Repealer.

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

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APPENDIX A

LEGAL DESCRIPTION CORPORATE LIMITS CITY OF TUCKER, DEKALB COUNTY, GEORGIA

The corporate limits of the City of Tucker shall include the areas specified as follows unless such areas are within the corporate limits of another municipality on the effective date of this charter:

Plan: Tucker-SD040-p2(corp)-2015 Plan Type: Local Administrator: SD040 User: bak

District TUCKER DeKalb County VTD: 089BF - BROCKETT ELEMENTARY VTD: 089BH - BROCKETT VTD: 089EC - EMBRY HILLS 021809: 3008 3009 VTD: 089HA - HAMBRICK ELEM 021910: 3018 VTD: 089HG - HUGH HOWELL VTD: 089IA - IDLEWOOD ELEM VTD: 089JB - JOLLY ELEM 021805: 3018 022009: 2001 VTD: 089LV - LAWRENCEVILLE HIGH SCHOOL VTD: 089MH - MIDVALE ELEM 021809: 5000 5001 5002 5003 5004 5005 5009 5010 5011 5012 5013 5014 5015 021810: 2000 2001 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 VTD: 089MK - MONTREAL

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VTD: 089MM - MEMORIAL NORTH 021910: 3021 022009: 3014 VTD: 089MW - MIDVALE ROAD 021809: 5018 5019 5020 5022 021810: 2002 2003 2004 2005 2006 2019 2020 2021 VTD: 089NC - NORTH HAIRSTON 021910: 1000 2000 VTD: 089PF - PLEASANTDALE ELEM 021812: 1005 1006 VTD: 089PK - PLEASANTDALE ROAD 021814: 1007 VTD: 089RD - REHOBOTH 021704: 1007 1008 1009 1010 1011 1012 1024 1025 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 VTD: 089SD - STN MTN ELEMENTARY 021907: 1001 1008 1009 1010 1020 VTD: 089SH - SMOKE RISE VTD: 089SI - STN MTN MIDDLE VTD: 089SJ - STONE MILL ELEM 021911: 2002 021913: 3000 3002 3003 VTD: 089TF - TUCKER VTD: 089TH - TUCKER LIBRARY

For the purposes of this description, 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 the description which are underneath a VTD heading shall mean and describe individual

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Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia.

APPENDIX B

LEGAL DESCRIPTION COUNCIL DISTRICTS CITY OF TUCKER, DEKALB COUNTY, GEORGIA

Plan: Tucker-SD040-p2(dist)-2015 Plan Type: Local Administrator: SD040 User: bak

District 001 DeKalb County VTD: 089BF - BROCKETT ELEMENTARY 021805: 3000 021806: 1000 1001 1002 1003 1007 1008 1009 1015 1016 1017 1018 1019 1021 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2027 2028 2031 3017 021912: 1004 1005 VTD: 089HA - HAMBRICK ELEM 021910: 3018 VTD: 089HG - HUGH HOWELL VTD: 089IA - IDLEWOOD ELEM 021910: 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3019 3020 VTD: 089MM - MEMORIAL NORTH 021910: 3021 022009: 3014 VTD: 089NC - NORTH HAIRSTON 021910: 1000 2000

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VTD: 089SD - STN MTN ELEMENTARY 021907: 1001 1008 1009 1010 1020 VTD: 089SH - SMOKE RISE VTD: 089SI - STN MTN MIDDLE 021805: 3002 3003 3007 3008 021806: 2026 2029 2030 021907: 3026 021910: 3000 3001 3002 3003 3004 3005 021911: 2000 2001 021913: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 1018 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 VTD: 089SJ - STONE MILL ELEM 021911: 2002 021913: 3000 3002 3003

District 002 DeKalb County VTD: 089BF - BROCKETT ELEMENTARY 021805: 1009 1010 1013 1014 1016 1017 3001 3009 021806: 1004 1006 1010 1011 1012 1013 1014 1020 1022 VTD: 089BH - BROCKETT VTD: 089IA - IDLEWOOD ELEM 021805: 3006 3010 3011 3012 3013 3014 3015 3016 3017 3023 3024 3025 3026 3027 3028 022009: 3006 3009

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VTD: 089JB - JOLLY ELEM 021805: 3018 022009: 2001 VTD: 089MK - MONTREAL 021704: 1000 1001 1002 1003 1004 1005 1006 022001: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 022007: 1000 1011 1012 022009: 1014 1015 2000 VTD: 089RD - REHOBOTH 021704: 1007 1008 1009 1010 1011 1012 1024 1025 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 VTD: 089SI - STN MTN MIDDLE 021805: 3004 3005 3020 3021 3022
District 003 DeKalb County VTD: 089EC - EMBRY HILLS 021809: 3008 3009 VTD: 089LV - LAWRENCEVILLE HIGH SCHOOL VTD: 089MH - MIDVALE ELEM 021809: 5000 5001 5002 5003 5004 5005 5009 5010 5011 5012 5013 5014 5015 021810: 2000 2001 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 VTD: 089MK - MONTREAL 021704: 2000 2001 2002 2003 2004

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VTD: 089MW - MIDVALE ROAD 021809: 5018 5019 5020 5022 021810: 2002 2003 2004 2005 2006 2019 2020 2021 VTD: 089PF - PLEASANTDALE ELEM 021812: 1005 1006 VTD: 089PK - PLEASANTDALE ROAD 021814: 1007 VTD: 089TF - TUCKER VTD: 089TH - TUCKER LIBRARY

For the purposes of this plan (Tucker-SD040-p2(dist)-2015): (1) The term "VTD" shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; (2) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia; (3) Any part of the City of Tucker which is not included in any district described in this plan (Tucker-SD040-p2(dist)-2015) shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia; (4) Any part of the City of Tucker which is described in this plan (Tucker-SD040-p2(dist)-2015) 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; and (5) Any part of the City of Tucker which is described in this plan but is in the corporate limits of another municipality on the effective date of this Act shall nevertheless not be included in any of the districts described in the plan.

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APPENDIX C

CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION

I, Representative Billy Mitchell, Georgia State Representative from the 88th District and the author of this bill introduced at the 2015 session of the General Assembly of Georgia, which grants an original municipal charter to the City of Tucker, do hereby certify that this bill is in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. in that the area embraced within the original incorporation in this bill is in all respects in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. This certificate is executed to conform to the requirements of Code Section 36-31-5 of the O.C.G.A.

So certified this ___________ day of ________________, 2015.

____________________________________ Honorable Billy Mitchell Representative, 88th District Georgia State House of Representatives

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to incorporate the City of Tucker in DeKalb County; to provide for related matters; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Mitchell, who on oath deposes and says that he is the Representative from District 88 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on February 26, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BILLY MITCHELL Billy Mitchell Representative, District 88

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Sworn to and subscribed before me, this 2nd day of March 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

EFFINGHAM COUNTY BOARD OF EDUCATION; COMPENSATION.

No. 238 (House Bill No. 516).

AN ACT

To amend an Act to reconstitute the board of education for the Effingham County School District, approved March 26, 1987 (Ga. L. 1987, p. 4596), as amended, so as to change the compensation for members of the board; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to reconstitute the board of education for the Effingham County School District, approved March 26, 1987 (Ga. L. 1987, p. 4596), as amended, is amended by revising Section 3-1 as follows:

"SECTION 3-1. Each member of the board of education of Effingham County shall be compensated in the amount of $200.00 per day and the chairperson of the board shall be compensated in the amount of $250.00 per day for attending, in person, meetings of the board and meetings of committees of the board and for attending other meetings or engaging in travel on official business of the board. Each member may also be compensated for actual expenses reasonably incurred in the performance of his or her duties. All of such compensation and expense reimbursement shall be paid from local funds of the Effingham County School System and shall be subject to such approval requirements, documentation requirements, and other regulations as may be prescribed by the board."

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SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced in the regular 2015 session of the General Assembly of Georgia a bill to amend an Act to reconstitute the board of education for the Effingham County School District, approved March 26, 1987 (Ga. L. 1987, p 4596), as amended, 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 Effingham Herald which is the official organ of Effingham County on February 25, 2015, 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 2nd day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

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ECHOLS COUNTY BOARD OF EDUCATION; NONPARTISAN ELECTIONS.

No. 239 (House Bill No. 517).

AN ACT

To amend an Act to provide for the election of the members of the board of education of Echols County, approved April 10, 1968 (Ga. L. 1968, p. 3514), so as to provide that the members of the board of education shall be elected in nonpartisan elections; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

An Act to provide for the election of the members of the board of education of Echols County, approved April 10, 1968 (Ga. L. 1968, p. 3514), is amended by adding a new section to read as follows:
"Section 4.1. All members of the board who are elected thereto shall be elected in nonpartisan elections as authorized under Code Section 21-2-139 of the O.C.G.A. and in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'"

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act to provide for the election of the members of the board of education of Echols County, approved April 10, 1968 (Ga/ L/. 1968, p. 3514), so as to provide that the members of the board of education shall be elected in nonpartisan elections; to provide for related matters; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Corbett, 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 Valdosta Daily Times which is the official organ of Echols County on February 25, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

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s/ JOHN CORBETT John Corbett Representative, District 174

Sworn to and subscribed before me, this 2nd day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

CITY OF LAVISTA HILLS INCORPORATION; REFERENDUM.

No. 242 (House Bill No. 520).

AN ACT

To incorporate the City of LaVista Hills in DeKalb County; to provide for a charter for the City of LaVista Hills; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for codes; to provide for a charter commission; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, city attorney, city clerk, city tax collector, city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for ethics and disclosures; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for audits; to provide for homestead exemptions; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates and transitional provisions governing the transfer of various functions and responsibilities from DeKalb County to the City of LaVista Hills;

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to provide for legislative intent; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I CREATION, INCORPORATION, POWERS
SECTION 1.01. Incorporation.

This Act shall constitute the charter of the City of LaVista Hills, Georgia. The City of LaVista Hills, Georgia, in the County of DeKalb, and the inhabitants thereof, are constituted and declared a body politic and corporate under the same name and style of the "City of LaVista Hills" and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all courts of law and equity, and in all actions whatsoever, and may have and use a common seal.

SECTION 1.02. Corporate boundaries.

The boundaries of the City of LaVista Hills shall be those set forth and described in Appendix A of this charter, and said Appendix A is incorporated into and made a part of this charter. Any part of the City of LaVista Hills which is included in the description contained in Appendix A shall nevertheless not be included within the corporate boundaries of the City of LaVista Hills if such area was annexed into another corporate boundary before March 2, 2015. The city clerk shall maintain a current map and written legal description of the corporate boundaries of the city, and such map and description shall incorporate any changes which may hereafter be made in such corporate boundaries.

SECTION 1.03. Powers and construction.

(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this Act. This city shall have all the powers of self-government not otherwise prohibited by this Act or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. These powers shall include, but not be limited to, the following:
(1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl; to provide for the impoundment of the same if in violation of

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any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades to the extent permitted by general law; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees;
(5)(A) Condemnation. To condemn property inside the corporate limits of the city for present or future use and for any public purpose deemed necessary by the city council utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; and (B) The city shall have the right to condemn and cause to be remediated or removed any building, structure, or existing condition within its corporate limits that is dangerous to life, limb, or property by reasons of decay, dilapidation, or unsanitary condition. Nothing in this subparagraph shall be construed to relieve the city of any duty to give owners or interested persons reasonable notice and opportunity to remedy the situation. Nothing in this subparagraph shall be construed as relieving the city of liability to any interested person for damages to person or property taken or destroyed in furtherance of this subparagraph. This subparagraph shall not be construed as authorizing the doing of any act or thing contrary to the Constitution of this state and the policy of the general laws of this state. The city shall have authority to adopt reasonable ordinances and resolutions for the purpose of carrying out this subparagraph; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city; and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Employee benefits. To provide and maintain a retirement plan, insurance, and such other employee benefits for appointed officers and employees of the city as are determined by the city council;

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(9) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the enactment of ordinances that preserve and improve air quality, restore and maintain water resources, control erosion and sedimentation, manage storm water and establish a storm-water utility, manage solid and hazardous waste, and provide other necessary or beneficial actions for the protection of the environment. These ordinances shall include, without limitation, ordinances that protect, maintain, and enhance the public health, safety, environment, and general welfare and minimize public and private losses due to flood conditions in flood hazard areas, as well as protect the beneficial uses of flood plain areas for water quality protection, stream bank and stream corridor protection, wetlands preservation, and ecological and environmental protection. Such ordinances may require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; may restrict or prohibit uses which are dangerous to health, safety, and property due to flooding or erosion hazards, or which increase flood heights, velocities, or erosion; may control filling, grading, dredging, and other development which may increase flood damage or erosion; may prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands; may limit the alteration of natural flood plains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; and may protect the storm-water management, water quality, stream bank protection, stream corridor protection, wetland preservation, and ecological functions of natural flood plain areas; (10) Ethics. To adopt ethics ordinances and regulations governing such things as, but not limited to, the conduct of city elected officials, appointed officials, contractors, vendors, and employees, establishing procedures for ethics complaints, and setting forth penalties for violations of such rules and procedures; (11) 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 punishments for violations thereof; (12) Garbage fees. To levy, fix, assess, and collect garbage, refuse, and trash collection and disposal and other sanitary service charges, taxes, or fees for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein that benefit 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; (13) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city; and to provide for the enforcement of such standards;

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(14) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (15) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (16) Homestead exemption. To establish and maintain procedures for offering homestead exemptions to residents of the city and to maintain current homestead exemptions of residents of the city as authorized by Acts of the General Assembly; (17) 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; (18) 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; (19) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, and offices not specified in this charter and commissions, authorities, and agencies of the city; and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (20) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (21) Municipal property ownership. To acquire, 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; (22) 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 punishments for violations thereof; (23) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, storm-water management, gasworks, electricity-generating plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same; (24) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (25) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia;

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(26) Planning and zoning. To provide comprehensive city planning for city land use, signage and outside advertising, and development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (27) Police and fire protection. To exercise the power of arrest through duly appointed police officers; and to establish, operate, or contract for police and fire-fighting agencies; (28) Public hazards; removal. To provide for the destruction and removal of any building or other structure that is or may become dangerous or detrimental to the public; (29) Public improvements. To provide for the acquisition, construction, building, operation, maintenance, or abolition of public ways, parks and playgrounds, recreational facilities, cemeteries, public buildings, libraries, public housing, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside the corporate limits of the city and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (30) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (31) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (32) Public utilities and services. To grant franchises 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 these are not in conflict with valid regulations of the Public Service Commission; (33) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishments for violations of such ordinances; (34) 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; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items;

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(36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements, subject to referendum; (37) Taxes; ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; provided, however, that:
(A) The millage rate imposed for ad valorem taxes on real property shall not exceed 5.00 unless a higher limit is recommended by resolution of the city council and approved by a majority vote of the qualified voters of the City of LaVista Hills voting on the issue in a referendum; provided that the amount of millage associated with the creation of special tax districts pursuant to Article IX, Section II, Paragraph VI of the Constitution of the State of Georgia shall not count as part of the 5.00 millage rate limit in this subsection since such millage is already subject to approval by the electors of the city in a separate referendum; (B) For all years, the fair market value of all property subject to taxation shall be determined according to the tax digest of DeKalb County, as provided in Code Section 48-5-352 of the O.C.G.A.; and (C) Notwithstanding the provisions of subparagraph (A) above, the mayor and city council shall be authorized to create a Special Service District fund for the provision of fire and rescue services, to create a Special Service District fund for the provision of solid waste disposal services, and to levy ad valorem taxes on real property not to exceed the average of said taxes levied by DeKalb County for the provision of the same services for the previous five years prior to the cutover of the services; (38) Taxes: other. To levy and collect such other taxes and fees as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; to inspect such vehicles and mandate standards of safety and cleanliness; and to regulate the parking of such vehicles; (40) Tourism, conventions, and trade shows. To provide for the structure, operation, or management of the LaVista Hills Convention and Visitors Bureau created pursuant to Section 1.05 of this charter and to authorize the City of LaVista Hills to contract with private sector nonprofit organizations or other governmental agencies to promote tourism, conventions, and trade shows; (41) Urban redevelopment. To organize and operate an urban redevelopment program; and (42) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by

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other municipal governments under other laws of the State of Georgia; and any listing of particular powers in this charter shall not be held to be exclusive of others or restrictive of general words and phrases granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.04. Exercise of powers.

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

SECTION 1.05. Tourism; conventions; trade shows.

The LaVista Hills Convention and Visitors Bureau is hereby created.

Reserved.

SECTION 1.06.

ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, LEGISLATIVE BRANCH
SECTION 2.01. City council creation; number; election.

(a) The legislative authority of the government of the City of LaVista Hills, except as otherwise specifically provided in this charter, shall be vested in a city council of which the mayor shall be a voting member to the extent provided in subsection (a) of Section 2.10 of this charter.
(b)(1) The city council of LaVista Hills, Georgia, shall consist of six members plus the mayor. (2) There shall be six council districts, designated Council Districts 1 through 6, as described in Appendix B of this Act, which is attached to and made a part of this charter. (3) One councilmember shall be elected from each of the six Council Districts 1, 2, 3, 4, 5, and 6, respectively. Each person desiring to offer as a candidate for councilmember for such posts shall designate the council district for which he or she is offering. Councilmembers for such posts shall be elected by a majority vote of the qualified electors of the respective council districts voting at the elections of the city. In the event that no candidate for a council district obtains a majority vote of the qualified electors of the

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council district voting in the election, a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election for such council district shall be included in the run-off election. The candidate receiving the highest number of votes of the qualified electors of the council district voting at such run-off election shall be elected. Each candidate for election to the city council shall reside in the district which he or she seeks to represent. (c) With the exception of the initial terms set forth in subsection (d) of this section, councilmembers shall be elected to terms of four years and until their successors are elected and qualified on a staggered basis in alternate election cycles such that every two years three councilmembers are up for election. (d) In order to assure staggered elections of the councilmembers, in the first election of the city council, the terms for the candidates elected for Council Districts 1, 3, and 5 shall expire upon the administration of the oath of office to their successors elected in the regular election to be held in November, 2017, as provided in subsection (b) of Section 2.02 of this charter. The terms for the candidates elected for Council Districts 2, 4, and 6 shall expire upon the administration of the oath of office to their successors elected in the regular election to be held in November, 2019. Thereafter, a successor to each councilmember shall be elected at the November election immediately preceding the end of such councilmember's term of office, and the term of each councilmember shall expire upon the administration of the oath of office to his or her successor. (e) With the exception of the initial term of office, the mayor of the City of LaVista Hills, with the powers and duties specified herein, shall be elected to a term of four years and until his or her successor is elected and qualified. The mayor shall be elected by a majority vote of the qualified electors of the city at large voting at the elections of the city. In the event that no candidate for mayor obtains a majority vote of the qualified electors of the city at large voting at the elections of the city, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election shall be included in the run-off election and the candidate receiving the highest number of votes in the runoff of the qualified electors of the city at large voting at such runoff shall be elected. The term of the first elected mayor shall expire upon the administration of the oath of office to his or her successor elected in the regular election to be held in November, 2019, as provided in subsection (b) of Section 2.02. Thereafter, the successor to each mayor shall be elected at the November election immediately preceding the end of such mayor's term of office, and the term of each mayor shall expire upon the administration of the oath of office to his or her successor.

SECTION 2.02. Mayor and councilmembers; terms; qualifications for office.

(a) For all elections subsequent to the first election, the mayor and councilmembers shall serve for terms of four years and until their terms shall expire upon the administration of the

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oath of office to their successors. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the City of LaVista Hills for a continuous period of at least 12 months immediately prior to the date of the election for mayor or councilmember, shall continue to reside therein during that person's period of service, and shall continue to be registered and qualified to vote in municipal elections of the City of LaVista Hills. In addition to the above requirements, no person shall be eligible to serve as a councilmember representing a council district unless that person has been a resident of the district such person seeks to represent for a continuous period of at least six months immediately prior to the date of the election for councilmember and continues to reside in such district during that person's period of service. (b) An election shall be held on the date of the 2016 presidential preference primary to elect the first mayor and city council. At such election, the first mayor and city council shall be elected to serve for the initial terms of office specified in subsections (d) and (e) of Section 2.01 of this charter. Thereafter, the time for holding regular municipal elections shall be on the Tuesday next following the first Monday in November of each odd-numbered year beginning in 2017. (c) The number of successive terms an individual may hold the position of mayor and may hold a position as a councilmember of any council district shall be limited to two terms. An individual who serves as mayor or serves as a councilmember of any council district for either one term or two consecutive terms may stand for subsequent election of any office other than his or her current elected office.

SECTION 2.03. Vacancy; filling of vacancies; suspensions.

(a) Elected officials of the city shall not hold other elected or public offices. The elected offices of the city's government shall become vacant upon the member's death, resignation, removal, or forfeiture of office. The following shall result in an elected city official forfeiting his or her office:
(1) Violating the provisions of this charter; (2) Being convicted of, or pleading guilty or "no contest" to, a felony or a crime of moral turpitude; or (3) Failing to attend one-third of the regular meetings of the city council in a three-month period without being excused by the council. (b) The office of mayor shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those councilmembers remaining shall appoint a successor for the remainder of the term. This

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provision shall also apply to a temporary vacancy created by the suspension from office of the mayor. (c) The office of a councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of a councilmember shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the mayor shall appoint a successor for the remainder of the term, subject to the approval of the city council or those councilmembers remaining. This provision shall also apply to a temporary vacancy created by the suspension from office of a councilmember.

SECTION 2.04. Nonpartisan elections.

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

SECTION 2.05. Election votes.

The candidates for mayor and city council who receive a majority vote of the qualified electors of the city voting at the elections of the city shall be elected to a term of office.

SECTION 2.06. Applicability of general laws; qualifying; other provisions.

All elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended or otherwise provided by law. Except as otherwise provided by this charter, the city council shall, by ordinance or resolution, prescribe such rules and regulations as it deems appropriate including, but not limited to, the establishment of qualifying fees, to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended or otherwise provided by law.

SECTION 2.07. Compensation and expenses.

The annual salary of the mayor shall be $16,000.00 and the annual salary for each councilmember shall be $12,000.00. Such salaries shall be paid from municipal funds in monthly installments. To the extent not available for provision by the city through the

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purchasing department, the mayor and each councilmember shall be reimbursed for the reasonable amount of their expenses actually and necessarily incurred by them in carrying out their duties as elected officials of the city.

SECTION 2.08. Inquiries and investigations.

The city council may make inquiries and investigations into the affairs of the city and 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 may be provided by ordinance.

SECTION 2.09. Meetings; oath of office; mayor pro tempore.

(a) The city council shall meet on the first working day in January immediately following each regular municipal election. The meeting shall be called to order by the mayor-elect and the oath of office shall be administered collectively 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 or affirm that I will faithfully execute the office of [councilmember or mayor, as the case may be] of the City of LaVista Hills and will, to the best of my ability, support and defend the Constitution of the United States, the Constitution of Georgia, and the charter, ordinances, and regulations of the City of LaVista Hills. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I, by the laws of the State of Georgia, am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of my district and the City of LaVista Hills for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interests of the City of LaVista Hills to the best of my ability without fear, favor, affection, reward, or expectation thereof." (b) Following the induction of the mayor and councilmembers, the city council, by a majority vote of the councilmembers, shall elect a councilmember to be mayor pro tempore, who shall serve for a term of two years and until a successor is elected and qualified. The number of successive terms an individual may hold the position of mayor pro tempore shall be unlimited. (c) The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's temporary disability, suspension, or absence. If the mayor pro tempore is absent

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because of sickness or disqualification, any one of the remaining councilmembers, chosen by the councilmembers present, shall be clothed with all the rights and privileges of the mayor as described herein and shall perform the mayor's duties in the same manner as the mayor pro tempore. (d) The city council shall, at least once a month, hold regular meetings at such times and places as prescribed by ordinance. The city council may recess any regular meeting and continue such meeting on any day or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (e) Special meetings of the city council may be held on the call of either the mayor or two councilmembers. Notice of such special meetings shall be delivered to all councilmembers, the mayor, and the city manager personally, by registered mail, or by electronic means at least 24 hours in advance of the meeting. Such notice shall not be required if the mayor, all councilmembers, and city manager are present when the special meeting is called. Such notice of any special meeting may be waived by the mayor, a councilmember, or the city manager in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice. The notice of such special meeting shall state what business is to be transacted at the special meeting. Only the business stated in the notice of the call shall be transacted at the special meeting.

SECTION 2.10. Quorum; voting.

(a) Four members of the city council shall constitute a quorum and shall be authorized to transact business for the city council. The mayor shall be counted toward the making of a quorum. Voting on the adoption of ordinances shall be taken by voice vote and the yeas and nays shall be recorded in the minutes, but on the request of any member there shall be a roll-call vote. In order for any ordinance, resolution, motion, or other action of the city council to be adopted, the measure must receive at least four affirmative votes. No member of the city council shall abstain from voting on any matter properly brought before the city council for official action, except when such councilmember has a reason which is disclosed in writing prior to or at the meeting and made a part of the minutes. If any member of the city council is present and eligible to vote on a matter and refuses to do so for a reason he or she will not disclose, he or she shall be deemed to have voted with the majority of the votes of the other councilmembers on the issue involved. The mayor shall vote only in the event of a tie or in the case where his or her vote will provide the number of votes necessary for approval of a matter. (b) The following types of actions require an ordinance in order to have the force of law:
(1) Adopt or amend an administrative code or establish, alter, or abolish a department, agency, or office not specified in this charter; (2) Provide for fines or other penalties; (3) Levy taxes;

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(4) Grant, renew, or extend a franchise; (5) Regulate a rate for a public utility; (6) Authorize the borrowing of money; (7) Convey, lease, or encumber city land; (8) Regulate land use and development; and (9) Amend or repeal an ordinance already adopted. (c) The city council shall establish by ordinance procedures for convening emergency meetings. In an emergency, an ordinance may be passed without notice or hearings if the city council passes the ordinance by three-fourths vote; provided, however, that the city council cannot in an emergency meeting: (1) Levy taxes; (2) Grant, renew, or extend a franchise; (3) Regulate a rate for a public utility; or (4) Borrow money.

SECTION 2.11. General power and authority of the city council.

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

SECTION 2.12. Administrative and service departments.

(a) Except for the office of city manager and the elected positions provided for in this charter, the city council, by ordinance, may establish, abolish, merge, or consolidate offices not specified in this charter, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs and government of the city. The city council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city.

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(b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and city council.

SECTION 2.13. Prohibitions.

(a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others, except as required by law; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; "valuable" shall be an amount determined by the city council; provided, however, that the amount shall not exceed $100.00; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she, or members of his or her family, has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any permissible contract or matter pending before or within any department of the city shall disclose such private interest to the city council. "Private financial interest" shall include interests of family. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose in writing such private interest and such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or

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political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies or any member of his or her family shall use property owned by such governmental entity for personal benefit, convenience, or profit. (d) 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. (e) Except as authorized by law, no member of the city council shall hold any other elective city office or be employed by any city or county government during the term for which he or she is elected. (f) No elected official, appointed officer, or employee of the city or any agency, board, authority, bureau, or any other political entity to which this charter applies nor any member of such person's family, nor any person who has an employment or other personal relationship with such person, may contract with the city, either directly or indirectly or through any entity in which such person has a financial or employment interest, for the provision of goods, professional services, other services, construction or rehabilitation of improvements, or any other procurement request by the city. (g) "Family" shall, for purposes of this section, include the parents, aunts, uncles, nieces, nephews, siblings, spouse, and children of such person and shall also include the parents, siblings, spouses, and children of any of the foregoing family members.

SECTION 2.14. Boards, commissions, or authorities.

(a) All members of boards, commissions, or authorities of the city shall be appointed by the mayor subject to confirmation by the city council for such term of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law. (b) No member of any board, commission, or authority of the city shall hold any elective office in the city. Councilmembers and the mayor, however, may serve as ex officio members of such boards, commissions, or authorities, without a vote. (c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for original appointment, except as otherwise provided by this charter or any applicable law of the State of Georgia. (d) No member of any board, commission, or authority shall assume office until he or she shall have executed and filed with the designated officer of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance of the city council.

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(e) Any member of a board, commission, or authority may be removed from office for cause by a vote of a majority of the councilmembers in accordance with state laws. (f) Members of boards, commissions, or 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 applicable state law, each board, commission, or authority of the city government shall elect one of its members as chairperson and one member as vice chairperson for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or applicable state law as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the designated officer of the city.

SECTION 2.15. Ordinance form; procedures.

(a) Every proposed ordinance and resolution shall be introduced in writing and the city council shall have the authority to approve, disapprove, or amend the same. A resolution may be passed at the time it is offered, but an ordinance shall not be adopted until the title of such ordinance shall have been read at two city council meetings, provided that the beginnings of such meetings are neither less than 24 hours nor more than 60 days apart. This requirement of two readings shall not apply to emergency ordinances, to ordinances passed during the first 90 days from the date on which the city begins operation, to ordinances adopted at the first business meeting of the city council in a calendar year, or to ordinances adopted at the first meeting of the initial city council as elected under subsection (b) of Section 2.02 of this charter. The catchlines of sections of this charter or any ordinance printed in boldface type or 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 such 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 charter shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any chapter, 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.

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SECTION 2.16. Submission of ordinances to the city clerk.

(a) Every ordinance, resolution, and other action adopted by the city council shall be presented to the city clerk within 15 days of its adoption or approval. The city clerk shall record upon the ordinance the date of its delivery from the city council. (b) An ordinance or resolution that has been passed by the city council shall become effective on the date the ordinance is passed by the city council or on such other date as may be specified in the ordinance.

ARTICLE III EXECUTIVE BRANCH
SECTION 3.01. Powers and duties of the mayor.

(a) The mayor shall: (1) Preside over all meetings of the city council; (2) Set the agenda for meetings of the city council after receiving input from members of the city council, the city manager, and the public; provided, however that an additional item shall be added to the agenda upon the written request of any two members of the city council; (3) Serve as the ceremonial head of the city and as its official representative to federal, state, and local governmental bodies and officials; (4) Sign all orders, checks, and warrants for payment of money within a level of authorization as established by the city council; (5) Execute all contracts, deeds, and other obligations of the city within a level of authorization as established by the city council; (6) Vote in all matters before the city council as provided in subsection (a) of Section 2.10 of this charter; (7) Make all appointments of city officers as provided by this charter, subject to confirmation by the city council; (8) Serve in a part-time capacity and be compensated accordingly; and (9) Perform any other duties and exercise any other powers required by state or federal law or authorized by a duly adopted ordinance that is not in conflict with this charter.
(b) The mayor shall have the authority to transfer appropriations within a department, fund, service, strategy, or organizational unit, but only with approval of the city council. (c) The mayor shall have the authority to certify that a supplemental appropriation is possible due to unexpected revenue increases, but only with approval of the city council. (d) The mayor shall have all of the powers specifically granted to the mayor elsewhere in this charter regardless of whether such powers are enumerated in this section of this charter.

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SECTION 3.02. City manager; appointment and qualification.

The mayor shall appoint, subject to confirmation by the city council, an officer whose title shall be "city manager." The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her education and experience in the accepted competencies and practices of local government management.

SECTION 3.03. City manager; chief administrative officer.

The city manager shall be the chief administrative officer of the government of the city. The city manager shall devote all of his or her working time and attention to the affairs of the city and shall be responsible to the mayor and city council for the proper and efficient administration of the affairs of the city over which such officer has jurisdiction.

SECTION 3.04. City manager; powers and duties enumerated.

The city manager shall have the power and it shall be his or her duty to: (1) See that all laws and ordinances are enforced; (2) Appoint and employ all necessary employees of the city, provided that this power of appointment shall not include officers and employees who by this charter are appointed or elected by the mayor and the city council or departments not under the jurisdiction of the city manager; (3) Remove employees appointed and employed under paragraph (2) of this section without the consent of the city council and without assigning any reason therefor; (4) Exercise supervision and control of all departments, offices, and agencies and all divisions or bureaus created in this charter or that may hereafter be created by the city council, except as otherwise provided in this charter; (5) Attend all meetings of the city council, without a right to vote, but with a right to take part in the discussions as seen fit by the chairperson; provided, however, that, regardless of the decision of the chairperson, the city manager may take part in any discussion and report on any matter requested and approved by the city council at such meeting. The city manager shall be entitled to notice of all special meetings; (6) Recommend to the city council, after prior review and comment by the mayor, for adoption such measures as the city manager may deem necessary or expedient; (7) See that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed and, upon knowledge of any violation thereof, call the same to the attention of the city attorney, whose duty it shall be forthwith to take such steps as are necessary to protect and enforce the same;

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(8) Make and execute all lawful contracts on behalf of the city as to matters within the city manager's level of authorization as established by the city council to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no contract purchase or obligation requiring a budget amendment shall be valid and binding until after approval of the city council; (9) Sign all orders, checks, and warrants for payment of money within the city manager's level of authorization as established by the city council to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no such order, check, or warrant requiring a budget amendment shall be valid and binding until after approval of the city council; (10) Act as budget officer to prepare and submit to the city council, after review and comment by the mayor, prior to the beginning of each fiscal year, a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amounts allotted to each department of the city government and the reasons for such estimated expenditures; (11) Keep the city council at all times fully advised as to the financial condition and needs of the city; (12) Make a full written report to the city council on the fifteenth day of each month showing the operations and expenditures of each department of the city government for the preceding month, and a synopsis of such reports shall be published by the city clerk; (13) Fix all salaries and compensation of city employees in accordance with the city budget and the city pay and classification plan; and (14) Perform such other duties as may be prescribed by this charter or required by ordinance or resolution of the city council.

SECTION 3.05. City council interference with administration.

Except for the purpose of inquiries and investigations under Section 2.08 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction or supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.

SECTION 3.06. City manager; removal.

(a) The mayor and city council may remove the city manager from office in accordance with the following procedures:
(1) The city council shall adopt, by affirmative vote of a majority of all its members, a preliminary resolution removing the city manager and may suspend the city manager from

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duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within five days after a copy of the resolution is delivered to the city manager, he or she may file with the city council a written request for a public hearing. This hearing shall be held at a city council meeting not earlier than 15 days nor later than 30 days after the request is filed. The city manager may file with the city council a written reply not later than five days before the hearing; and (3) The city council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of four of its members at any time after five days from the date when a copy of the preliminary resolution was delivered to the city manager if he or she has not requested a public hearing, or at any time after the public hearing if he or she has requested one. (b) The city manager shall continue to receive his or her salary until the effective date of a final resolution of his or her removal. The action of the city council in suspending or removing the city manager shall not be subject to review by any court or agency. (c) If the city manager is suspended in accordance with subsection (a) of this section or becomes disabled and is unable to carry out the duties of the office or if the city manager dies, the acting city manager shall perform the duties of the city manager until the city manager's disability is removed or until the city manager is replaced. Removal of the city manager because of disability shall be carried out in accordance with the provisions of subsection (a) of this section.

SECTION 3.07. Acting city manager.

(a) The mayor, with the approval of the city council, may appoint any person to exercise all powers, duties, and functions of the city manager during the city manager's suspension under subsection (a) of Section 3.06 of this charter, temporary absence from the city, or period of disability. (b) In the event of a vacancy in the office of city manager, the mayor may designate, with the approval of the city council, a person as acting city manager, who shall exercise all powers, duties, and functions of the city manager until a city manager is appointed.

SECTION 3.08. City attorney.

The mayor shall appoint the city attorney or city attorneys, together with such assistant city attorneys as may be deemed appropriate, subject to confirmation by the city council, and shall provide for the payment of such attorneys for services rendered to the city. The rates or salary paid to any city attorney or assistant city attorney shall be approved in advance by the city council. The city attorney shall be responsible for representing and defending the

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city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend meetings of the city council as directed; shall advise the city council, mayor, other officers, and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of his or her position as city attorney. The city attorney shall review all contracts of the city but shall not have the power to bind the city.

SECTION 3.09. City clerk.

The mayor may appoint a city clerk, subject to confirmation by the city council, to keep a journal of the proceedings of the city council, to maintain in a safe place all records and documents pertaining to the affairs of the city, and to perform such duties as may be required by law or ordinance or as the mayor or city manager may direct.

SECTION 3.10. City tax collector.

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

SECTION 3.11. City accountant.

The mayor may appoint a city accountant, subject to confirmation by the city council, to perform the duties of an accountant.

SECTION 3.12. City internal auditor.

The city council shall appoint an internal auditor to audit the financial records and expenditures of city funds and to report the results of such audits in writing to the city council at times and intervals set by the city council but not less than quarterly. Such audit reports shall, at a minimum, identify all city expenditures and other financial matters that the internal auditor either determines are not in compliance with or cannot conclusively be determined to be in compliance with:
(1) The provisions of this charter; (2) The applicable city budget; and

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(3) Applicable ordinances, resolutions, or other actions duly adopted or approved under the provisions of this charter. The compensation and expenses payable to the mayor and the councilmembers pursuant to Section 2.07 of this charter shall not commence until an internal auditor is appointed by the city council.

SECTION 3.13. Consolidation of functions.

The city manager, with the approval of the city council, may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant, or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. The city manager may also, with the approval of the city council, perform all or any part of the functions of any of the positions or offices in lieu of the appointment of other persons to perform the same.

SECTION 3.14. Position classification and pay plans; employment at will.

The city manager shall be responsible for the preparation of a position classification and a pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the City of LaVista Hills and any of its agencies and offices. When a pay plan has been adopted by the city council, neither the city council nor the city manager shall increase or decrease the salaries of individual employees except in conformity with such pay plan or pursuant to an amendment of such pay plan duly adopted by the city council. Except as otherwise provided in this charter, all employees of the city shall be subject to removal or discharge, with or without cause, at any time.

ARTICLE IV MUNICIPAL COURT
SECTION 4.01. Creation.

There is established a court to be known as the Municipal Court of the City of LaVista Hills which shall have jurisdiction and authority to try offenses against the laws and ordinances of such city and to punish for violations of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law, including ordinances of the city; to punish witnesses for nonattendance and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before such court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city

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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. Such court shall be presided over by the judge of such court. In the absence or disqualification of the judge, the judge pro tempore shall preside and shall exercise the same powers and duties as the judge when so acting.

SECTION 4.02. Judges.

(a) No person shall be qualified or eligible to serve as judge unless he or she shall have attained the age of 28 years and shall have been a member of the State Bar of Georgia for a minimum of three years. The judges 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) The judge pro tempore shall serve as requested by the judge, shall have the same qualifications as the judge, shall be nominated by the mayor subject to approval by the city council, and shall take the same oath as the judge. (c) Before entering on the duties of his or her office, the judge and judge pro tempore shall take an oath before an officer duly authorized to administer oaths in this state declaring that he or she will truly, honestly, and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council. (d) The judge or judge pro tempore shall serve for a term of 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 4.03. Convening.

The municipal court shall be convened at such times as designated by ordinance or at such times as deemed necessary by the judge to keep current the dockets thereof.

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SECTION 4.04. Jurisdiction; powers.

(a) The municipal court shall try and punish for crimes against the City of LaVista Hills and for violations of its ordinances. The municipal court may fix punishment for offenses within its jurisdiction to the fullest extent allowed by state law. (b) The municipal court shall have authority to recommend to the city council for approval a schedule of fees to defray the costs of operation. (c) 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 security for appearances of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited to the judge presiding at such time and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City of LaVista Hills, or the property so deposited shall have a lien against it for the value forfeited. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears, by probable cause, that a state law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of such court. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or state law. (g) The municipal court is specifically vested with all of the judicial jurisdiction and judicial powers throughout the entire area of the City of LaVista Hills granted by state laws generally to municipal courts and particularly by such laws as authorize the abatement of nuisances.

SECTION 4.05. Certiorari.

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

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SECTION 4.06. Rules for court.

With the approval of the city council, the judges shall have full power and authority to make reasonable rules and regulations that are necessary and proper to secure the efficient and successful administration of the municipal court.

ARTICLE V FINANCE AND FISCAL
SECTION 5.01. Fiscal year.

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

SECTION 5.02. Preparation of budgets.

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

SECTION 5.03. Submission of operating budget to city council.

(a) On or before a date fixed by the city council, but no later than the first day of the ninth month of the fiscal year currently ending, the city manager shall, after input, review, and comment by the mayor, submit to the city council a proposed operating budget and capital budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor and city manager containing a statement of the general fiscal policies of the city, important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as they may deem pertinent. The operating budget, capital budget, budget message, and all supporting documents shall be filed in the office of the city manager and shall be open to public inspection. (b) Beginning in the third year of the city's operation, the city manager and mayor are required to present to the city council a budget which is balanced in projected spending and revenues.

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(c) Prior to passage of the budget, the city council shall hold a special public hearing at which the budget will be presented and public comment on the budget will be solicited. The date, time, and place of the special public hearing shall be announced no less than 30 days prior to the scheduled date for such hearing. (d) All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made. When a supplemental appropriation is certified by the city manager to exist, these appropriations may be spent during the current fiscal year following passage of a supplemental appropriation ordinance.

SECTION 5.04. Action by city council on budget.

(a) The city council may amend the operating budget or capital budget proposed by the city manager in accordance with subsection (a) of Section 5.03 of this charter, except that the budget, as finally amended and adopted, 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. (b) The city council shall adopt a budget on or before the first day of the eleventh month of the fiscal year currently ending. If the city council fails to adopt the budget by the prescribed deadline, the operating budget and capital budget proposed by the mayor and city manager shall be adopted without further action by the city council.

SECTION 5.05. Procurement and property management.

No contract with the city shall be binding on the city unless it is in writing. The city council may adopt procedures for the authorization of certain contracts without city attorney review or city council approval. Absent the foregoing, no contract with the city shall be binding on the city unless:
(1) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (2) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings.

SECTION 5.06. Purchasing.

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

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SECTION 5.07. Audits.

(a) There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public. (b) As a minimum, all audits and budgets of the city shall satisfy the requirements of Chapter 81 of Title 36 of the O.C.G.A., relating to local government audits and budgets.

SECTION 5.08. Homestead exemption; freeze.

(a) As used in this section, the term: (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 LaVista Hills, 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 this section is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include not more than five contiguous acres of homestead property.
(b) Each resident of the City of LaVista Hills is granted an exemption on such person's homestead from City of LaVista Hills ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of such homestead exceeds the base year assessed value of such homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is added to or removed from the homestead, the base year assessed value shall be adjusted to reflect such addition or removal, and the exemption shall be recalculated accordingly. The value of such property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of LaVista Hills, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of LaVista Hills, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of LaVista Hills, or the designee thereof, shall provide application forms for this purpose.

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(d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of LaVista Hills, or the designee thereof, in the event such 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 state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply only to taxable years 2017 through 2019. Unless renewed or extended by subsequent Act of the General Assembly, the exemption granted by subsection (b) of this section shall not apply to taxable year 2020 or any subsequent taxable year.

SECTION 5.09. Homestead exemption; senior citizens; disabled.

(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of LaVista Hills, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means Georgia taxable net income determined pursuant to Chapter 7 of Title 48 of the O.C.G.A., as amended, for state income tax purposes, except income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and such individual's spouse under the federal Social Security Act. Income from such sources in excess of such maximum amount shall be included as income for the purposes of this charter. (4) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made.
(b) Each resident of the City of LaVista Hills who is disabled or is a senior citizen is granted an exemption on such person's homestead from City of LaVista Hills ad valorem taxes for

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municipal purposes in the amount of $14,000.00 of the assessed value of such homestead. The exemption granted by this subsection shall only be granted if such person's income, together with the income of the spouse who also occupies and resides at such homestead, does not exceed $15,000.00 for the immediately preceding year. The value of such property in excess of such exempted amount shall remain subject to taxation.
(c)(1) In order to qualify for the exemption provided for in subsection (b) of this section due to being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that, in the opinion of such physician or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of LaVista Hills, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of LaVista Hills, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of LaVista Hills, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of LaVista Hills, or the designee thereof, in the event such 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 state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017.

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SECTION 5.10. Homestead exemption; general.

(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of LaVista Hills, 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 LaVista Hills is granted an exemption on such person's homestead from City of LaVista Hills ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of such homestead. The value of such property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of LaVista Hills, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of LaVista Hills, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of LaVista Hills, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of LaVista Hills, or the designee thereof, in the event such 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 state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017.

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SECTION 5.11. Homestead exemption; surviving spouses.

(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of LaVista Hills, 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) "Unremarried surviving spouse" means the unmarried widow or widower of a member of the armed forces who is receiving spousal benefits from the United States Department of Veterans Affairs.
(b) Any person who is a resident of the City of LaVista Hills and who is an unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in or has died as a result of any war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, shall be granted a homestead exemption from all City of LaVista Hills ad valorem taxation for municipal purposes in the amount of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended. As of January 1, 2013, the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended, is $50,000.00. The exemption shall be on the homestead which the unremarried surviving spouse owns and actually occupies as a residence and homestead. In the event such surviving spouse remarries, such person shall cease to be qualified to receive the exemption under this charter effective December 31 of the taxable year in which such person remarries. The value of all property in excess of such exemption granted to such unremarried surviving spouse shall remain subject to taxation. (c) In order to qualify for the exemption provided for in this charter, the unremarried surviving spouse shall furnish to the governing authority of the City of LaVista Hills, or the designee thereof, documents from the Secretary of Defense evidencing that such unremarried surviving spouse receives spousal benefits as a result of the death of such person's spouse who, as a member of the armed forces of the United States, was killed or died as a result of any war or armed conflict while on active duty or while performing authorized travel to or from active duty during such war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, pursuant to the Survivor Benefit Plan under Subchapter II of Chapter 73 of Title 10 of the United States Code or pursuant to any preceding or subsequent federal law which provides survivor benefits for spouses of members of the armed forces who were killed or died as a result of any war or armed conflict. (d) An unremarried surviving spouse filing for the exemption under this section shall be required to file with the governing authority of the City of LaVista Hills, or the designee

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thereof, information relative to marital status and such other information which the governing authority of the City of LaVista Hills, or the designee thereof, deems necessary to determine eligibility for the exemption. An unremarried surviving spouse shall file for the exemption only once with the governing authority of the City of LaVista Hills or the designee thereof. Once filed, the exemption shall automatically be renewed from year to year, except that the governing authority of the City of LaVista Hills, or the designee thereof, may require annually that the holder of an exemption substantiate his or her continuing eligibility for the exemption. It shall be the duty of any person granted the homestead exemption under this section to notify the governing authority of the City of LaVista Hills, or the designee thereof, in the event such person for any reason becomes ineligible for such exemption. (e) The exemption granted by this section shall be in lieu of and not in addition to any other exemption from ad valorem taxation for municipal purposes which is equal to or lower in amount than such exemption granted by this section. If the amount of any other exemption from ad valorem taxation for municipal purposes applicable to any resident qualifying under this section is greater than or is increased to an amount greater than the amount of the applicable exemption granted by this section, such other exemption shall apply and shall be in lieu of and not in addition to the exemption granted by this section. (f) The exemptions granted by this section shall apply to all taxable years beginning on or after January 1, 2017.

SECTION 5.12. Homestead exemption; one mill equivalent.

(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of LaVista Hills, 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 LaVista Hills is granted an exemption on such person's homestead from City of LaVista Hills ad valorem taxes for municipal purposes in an amount that provides the dollar equivalent of a one mill reduction of the millage rate applicable to the homestead property with respect to ad valorem taxes for municipal purposes for the taxable year. The value of such property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of LaVista Hills, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of LaVista Hills, or the designee thereof, to make a determination regarding the initial and continuing

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eligibility of such owner for such exemption. The governing authority of the City of LaVista Hills, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of LaVista Hills, or the designee thereof, in the event such 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 state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017.

SECTION 5.13. Homestead exemption; Fire Services Tax District HOST Equivalent.

(a) As used in this section, the term: (1) "Ad valorem taxes for fire services" means all ad valorem taxes for the purpose of providing fire services levied by, for, or on behalf of the City of LaVista Hills, 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) In the event that the City of LaVista Hills assumes responsibility for the transfer of fire services from DeKalb County, each resident of the City of LaVista Hills is granted an annual exemption on such person's homestead from City of LaVista Hills ad valorem taxes in a fixed amount equal to the HOST tax credit provided to DeKalb County residences who participate in the Fire Services Special Tax District at a level equal to the average percentage credit for the five years immediately preceding the cutover of fire services. The value of such property in excess of such exempted amount shall remain subject to taxation. (c) A person shall receive the homestead exemption granted by subsection (b) of this section provided that the person or person's agent has filed or files an application with the governing authority of the City of LaVista Hills in accordance with subsection (c) of Section 5.10 or subsection (c) of Section 5.12 of this charter giving such information relative to receiving such exemption as will enable the governing authority of the City of LaVista Hills, or the

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designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. No additional homestead exemption form or application is required to grant the homestead exemption under this section. (d) The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, 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 LaVista Hills, or the designee thereof, in the event such 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 state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning in the year in which the City of LaVista Hills assumes responsibility for the transfer of fire services from DeKalb County. In the event that the transfer of fire services does not coincide with a taxable year end, the homestead exemption shall be prorated in the first year in an amount equal to the percent of the first year in which LaVista Hills provides fire services.

ARTICLE VI GENERAL PROVISIONS
SECTION 6.01. DeKalb County special services tax district.

For the taxable years beginning on or after January 1, 2017, the adjusted ad valorem tax millage rate and amount for service charges or fees for district services assessed by DeKalb County, Georgia, for the LaVista Hills special services tax district shall be 0 percent. This section is enacted pursuant to the authority granted to the General Assembly under Section 1 of that local constitutional amendment providing that certain municipalities in DeKalb County shall constitute special services tax districts, Resolution Act. No. 168, House Resolution No. 715-1916, Ga. L. 1978, p. 2468, to control the subject matter of such local constitutional amendment. Municipal services provided by DeKalb County for the City of LaVista Hills will be established through intergovernmental agreements or established as otherwise authorized by statute.

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SECTION 6.02. Referendum and initial election.

(a) The election superintendent of DeKalb County shall call a special election for the purpose of submitting this Act to the qualified voters of the proposed City of LaVista Hills for approval or rejection. The superintendent shall set November 3, 2015, as the date of such election. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act incorporating the City of LaVista Hills in DeKalb County according to the charter contained in the Act and the homestead exemptions
( ) NO described in the Act be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and 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, it shall become of full force and effect as provided in this charter, otherwise it shall be void and of no force and effect. The initial expense of such election shall be borne by DeKalb County. Within two years after the elections if the incorporation is approved, the City of LaVista Hills shall reimburse DeKalb County for the actual cost of printing and personnel services for such election and for the initial election of the mayor and councilmembers pursuant to Section 2.02 of this charter. It shall be the duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State. (b) For the purposes of the referendum election provided for in subsection (a) of this section and for the purposes of the special election of the City of LaVista Hills to be held in conjunction with and on the date of the 2016 presidential preference primary, the qualified electors of the City of LaVista Hills shall be those qualified electors of DeKalb County residing within the corporate limits of the City of LaVista Hills as described by Appendix A of this charter. At subsequent municipal elections, the qualified electors of the City of LaVista Hills shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c) Only for the purposes of holding and conducting the referendum election provided for by subsection (a) of this section and holding and conducting the special election of the City of LaVista Hills to be held on the date of the 2016 presidential preference primary, the election superintendent of DeKalb County is vested with the powers and duties of the election superintendent of the City of LaVista Hills and the powers and duties of the governing authority of the City of LaVista Hills.

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SECTION 6.03. Effective dates and transition.

(a) The initial mayor and councilmembers shall take the oath of office the next business day after certification of the election of such officers and, by action of any four members of the governing authority, may meet and take actions binding on the city. (b) A period of time will be needed for an orderly transition of various government functions from DeKalb County to the City of LaVista Hills. Accordingly, there shall be a two-year transition period as allowed by law beginning at 12:01 A.M. on July 1, 2016. (c) During such transition period, DeKalb County shall continue to provide within the territorial limits of the city all government services and functions which DeKalb County provided in 2016 and at the same actual direct cost and level of service, except to the extent otherwise provided in this section; provided, however, that upon at least 30 days' prior written notice to the governing authority of DeKalb County by the governing authority of the City of LaVista Hills, responsibility for any such service or function shall be transferred to the City of LaVista Hills. The governing authority of the City of LaVista Hills shall determine the date of commencement of collection of taxes, fees, assessments, fines and forfeitures, and other moneys within the territorial limits of the city and the date upon which the City of LaVista Hills is considered removed from the DeKalb County special services tax district. (d) During the transition period, the governing authority of the City of LaVista Hills may generally exercise any power granted by this charter or general law, except to the extent that a power is specifically and integrally related to the provision of a governmental service, function, or responsibility not yet provided or carried out by the city. (e) During the transition period, all ordinances of DeKalb County shall remain applicable within the territorial limits of the city unless otherwise amended, repealed, or replaced by the City of LaVista Hills. Any transfer of jurisdiction to the City of LaVista Hills during or at the end of the transition period shall not in and of itself abate any judicial proceeding pending in DeKalb County or the pending prosecution of any violation of any ordinance of DeKalb County. (f) During the transition period, the governing authority of the City of LaVista Hills may at any time, without the necessity of any agreement by DeKalb County, commence to exercise its planning and zoning powers; provided, however, that the city shall give the county notice of the date on which the city will assume the exercise of such powers. Upon the governing authority of the City of LaVista Hills commencing to exercise its planning and zoning powers, the Municipal Court of the City of LaVista Hills shall immediately have jurisdiction to enforce the planning and zoning ordinances of the city. The provisions of this subsection shall have control over any conflicting provisions of any other subsection of this section. (g) Effective upon the termination of the transition period, subsections (b) through (f) of this section shall cease to apply except for the last sentence of subsection (e) which shall remain

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effective. Effective upon the termination of the transition period, the City of LaVista Hills shall be a fully functioning municipal corporation and subject to all general laws of this state.

SECTION 6.04. Directory nature of dates.

It is the intention of the General Assembly that this Act be construed as directory rather than mandatory with respect to any date prescribed in this Act. If it is necessary to delay any action called for in this Act for providential cause or any other reason, it is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the generality of the foregoing, it is specifically provided that if it is not possible to hold the referendum election provided for in Section 6.02 of this Act on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable. If the referendum election provided for in Section 6.02 of this Act is conducted on or before November 3, 2015, the special election for the initial members of the governing authority shall be conducted on the date specified in Section 2.02 of this Act. If the referendum election provided for under Section 6.02 of this Act is conducted after November 3, 2015, then the special election for the initial members of the governing authority shall be held as soon thereafter as is reasonably practicable, and the commencement of the initial terms of office shall be delayed accordingly. If the first election provided for in Section 2.02 of this Act occurs after the date of the 2016 presidential preference primary, the city council shall be authorized to delay the dates otherwise specified in Section 6.03 of this charter.

SECTION 6.05. Charter commission.

Not later than five years after the inception of the City of LaVista Hills, 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 each member of the city council, and one member appointed by a vote of the members of the Georgia House of Representatives and Georgia Senate whose districts lie wholly or partially within the corporate boundaries of the City of LaVista Hills. All members of the charter commission shall reside in the City of LaVista Hills. The charter commission shall complete the recommendations within the time frame required by the city council.

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SECTION 6.06. Severability.

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

SECTION 6.07. Effective date.

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

SECTION 6.08. Repealer.

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

APPENDIX A

LEGAL DESCRIPTION CORPORATE LIMITS CITY OF LAVISTA HILLS, DEKALB COUNTY, GEORGIA

The corporate limits of the City of LaVista Hills shall include the areas specified as follows; provided, however, that any part of the City of LaVista Hills which is included in the description shall nevertheless not be included within the corporate boundaries of the City of LaVista Hills if such area was annexed into another corporate boundary before March 2, 2015:

Plan: LaVista Hills-SD040-p1(corp)-2015 Plan Type: Local Administrator: S040 User: bak

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District LAVISTAHILLS DeKalb County VTD: 089BC - BRIAR VISTA ELEMENTARY 021504: 1000 1001 1002 1003 1004 1005 1007 VTD: 089BD - BRIARLAKE ELEMENTARY VTD: 089BG - BRIARCLIFF VTD: 089CJ - CLAIRMONT HILLS 021602: 1001 1002 1003 1004 1005 2026 2028 022302: 3000 3002 3004 3005 3007 3008 3009 VTD: 089CW - CORALWOOD VTD: 089DC - DRESDEN ELEM 021409: 1003 2003 2004 021410: 3007 3008 021605: 3000 3010 3011 VTD: 089EC - EMBRY HILLS 021808: 2000 2001 2002 2003 2004 2006 2007 2008 2009 2010 2011 2012 2013 2014 2027 021809: 3000 3001 3002 3003 3004 3005 3006 3007 021812: 2012 2013 2014 2015 2016 2017 2018 2019 VTD: 089EF - EVANSDALE ELEM VTD: 089HB - HAWTHORNE ELEM 021308: 1010 1011 1012 1013 1016 1017 021705: 3006 3007 3010 3011 3012 3013 021706: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 4008 4009 VTD: 089HC - HENDERSON MILL VTD: 089HD - HERITAGE ED VTD: 089LA - LAKESIDE HIGH

GEORGIA LAWS 2015 SESSION
VTD: 089LB - LAVISTA ROAD 021504: 2000 3000 021602: 2021 021603: 1008 1010 1011 1012 1014 021604: 2021 2023 2024 VTD: 089LC - LAVISTA 021503: 1000 1001 1002 1003 1004 1005 3000 3001 3002 3003 VTD: 089MH - MIDVALE ELEM 021809: 5006 5007 5008 VTD: 089MJ - MONTCLAIR ELEM 021603: 2002 2003 2004 VTD: 089MP - MARGARET HARRIS 021502: 1007 2000 021603: 2005 2012 2014 2015 2016 2017 2021 3000 3001 3002 3003 3004 3005 3006 3007 VTD: 089MW - MIDVALE ROAD 021808: 1009 1010 1014 1015 1020 1024 1025 1026 1027 021809: 5021 021810: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 VTD: 089ND - NORTHLAKE VTD: 089OA - OAK GROVE ELEM VTD: 089OB - OAKCLIFF ELEM 021705: 2000 2007 2010 2011 021812: 2000 1000 1007 1010

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VTD: 089PF - PLEASANTDALE ELEM 021812: 1000 1001 1002 1003 1004 1007 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 021813: 1009 1012 021814: 2001 2002 2003 2004 2005 2006 2007 2008 VTD: 089PK - PLEASANTDALE ROAD 021813: 1001 1002 1003 1004 1005 1006 1008 1011 1013 1014 1015 1016 1017 1018 1019 021814: 1000 1001 1002 1003 1004 1005 1006 1008 1009 2000 2009 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 VTD: 089RD - REHOBOTH 021704: 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 022001: 2000 2001 2002 2003 2004 2007 2008 2009 2010 2011 2012 2013 2022 VTD: 089SA - SAGAMORE HILLS VTD: 089SN - SHAMROCK MIDDLE VTD: 089VB - VALLEY BROOK VTD: 089WI - WARREN TECH 021705: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 2012 2013 2014 2015 2016 2017 2018 2019 2027 2028 2029 2030 2031 2032 2033 2034 021808: 2024

For the purposes of this description, 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 the 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.

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APPENDIX B
LEGAL DESCRIPTION COUNCIL DISTRICTS CITY OF LAVISTA HILLS, DEKALB COUNTY, GEORGIA
Plan: LaVista Hills-SD040-p1(dist)-2015 Plan Type: Local Administrator: SD040 User: bak
District 001 DeKalb County VTD: 089EC - EMBRY HILLS 021808: 2013 2014 021809: 3000 3001 3002 3003 3004 3005 3006 3007 VTD: 089MH - MIDVALE ELEM 021809: 5006 5007 5008 VTD: 089OB - OAKCLIFF ELEM 021812: 2000 021813: 1000 1007 1010 VTD: 089PF - PLEASANTDALE ELEM 021812: 1000 1001 1002 1003 1004 1007 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 021813: 1009 1012 021814: 2001 2002 2003 2004 2005 2006 2007 2008 VTD: 089PK - PLEASANTDALE ROAD 021813: 1001 1002 1003 1004 1005 1006 1008 1011 1013 1014 1015 1016 1017 1018 1019 021814: 1000 1001 1002 1003 1004 1005 1006 1008 1009 2000 2009 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 4000 4001

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4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013

District 002 DeKalb County VTD: 089EC - EMBRY HILLS 021808: 2000 2001 2002 2003 2004 2006 2007 2008 2009 2010 2011 2012 2027 021812: 2012 2013 2014 2015 2016 2017 2018 2019 VTD: 089EF - EVANSDALE ELEM VTD: 089HB - HAWTHORNE ELEM 021308: 1010 1011 1012 021705: 3006 3007 3011 3012 3013 VTD: 089HC - HENDERSON MILL 021705: 3000 3001 3002 3003 3004 3005 021706: 4000 VTD: 089MW - MIDVALE ROAD 021808: 1009 1010 1014 1015 1020 1024 1025 1026 1027 021809: 5021 021810: 1000 1001 1002 VTD: 089OB - OAKCLIFF ELEM 021705: 2000 2007 2010 2011 VTD: 089WI - WARREN TECH 021705: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 2012 2013 2014 2015 2016 2017 2018 2019 2027 2028 2029 2030 2031 2032 2033 2034 021808: 2024

GEORGIA LAWS 2015 SESSION
District 003 DeKalb County VTD: 089BD - BRIARLAKE ELEMENTARY 021703: 1000 1001 1002 1003 1008 1009 1010 1011 1012 1013 1014 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 VTD: 089DC - DRESDEN ELEM 021409: 1003 2003 2004 021605: 3000 3010 VTD: 089HB - HAWTHORNE ELEM 021308: 1013 1016 1017 021705: 3010 021706: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 4008 4009 VTD: 089HC - HENDERSON MILL 021705: 3008 3009 021706: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 4001 4002 4003 4004 4005 4006 4007 4010 4011 4012 4013 4014 VTD: 089HD - HERITAGE ED 021605: 1000 3001 3002 3003 3004 3005 3006 3009 VTD: 089LA - LAKESIDE HIGH 021703: 1004 1005 1006 1007 1018 VTD: 089MW - MIDVALE ROAD 021810: 1003 1004 1005 1006 1007 1008 1009 1010

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District 004 DeKalb County VTD: 089BD - BRIARLAKE ELEMENTARY 021703: 1023 1024 1037 1038 1039 1040 2009 2010 2011 2012 2023 2028 2029 2030 2031 2032 VTD: 089DC - DRESDEN ELEM 021410: 3007 3008 021605: 3011 VTD: 089HD - HERITAGE ED 021605: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1017 1018 VTD: 089LA - LAKESIDE HIGH 021703: 1015 1016 1017 1019 1020 1021 1022 2000 2001 2002 2003 2004 2005 2006 2007 2008 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2025 2026 2027 VTD: 089LB - LAVISTA ROAD 021604: 2021 2023 2024 VTD: 089ND - NORTHLAKE 021704: 2015 2016 2017 2018 2019 2020 2021 2022 2023 3000 3013 3016 VTD: 089OA - OAK GROVE ELEM VTD: 089SA - SAGAMORE HILLS

District 005 DeKalb County VTD: 089BC - BRIAR VISTA ELEMENTARY 021504: 1000 1001 1002 1003 1004 1005 1007 VTD: 089BG - BRIARCLIFF VTD: 089LB - LAVISTA ROAD 021504: 2000 3000 VTD: 089LC - LAVISTA 021503: 1000 1001 1002 1003 1004 1005 3000 3001 3002 3003

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VTD: 089MJ - MONTCLAIR ELEM 021603: 2002 2003 2004 VTD: 089MP - MARGARET HARRIS 021502: 1007 2000 021603: 2005 2012 2014 2015 2016 2017 2021 3000 3001 3002 3003 3004 3005 3006 3007

District 006 DeKalb County VTD: 089CJ - CLAIRMONT HILLS 021602: 1001 1002 1003 1004 1005 2026 2028 022302: 3000 3002 3004 3005 3007 3008 3009 VTD: 089CW - CORALWOOD VTD: 089LB - LAVISTA ROAD 021602: 2021 021603: 1008 1010 1011 1012 1014 VTD: 089ND - NORTHLAKE 021704: 3012 3014 3015 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 VTD: 089RD - REHOBOTH 021704: 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 022001: 2000 2001 2002 2003 2004 2007 2008 2009 2010 2011 2012 2013 2022 VTD: 089SN - SHAMROCK MIDDLE VTD: 089VB - VALLEY BROOK

For the purposes of this plan (LaVista Hills-SD040-p1(dist)-2015): (1) The term "VTD" shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual blocks

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within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; (2) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia; (3) Any part of the City of LaVista Hills which is not included in any district described in this plan (LaVista Hills-SD040-p1(dist)-2015) shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia; (4) Any part of the City of LaVista Hills which is described in this plan (LaVista Hills-SD040-p1(dist)-2015) 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; and (5) Any part of the City of LaVista Hills which is described in this plan (LaVista Hills-SD040-p1(dist)-2015) as being included in a particular district shall nevertheless not be included within such district if such area was annexed into another corporate boundary before March 2, 2015.

APPENDIX C

CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION

I, Representative Tom Taylor, Georgia State House Representative from the 79th District and the author of this bill introduced at the 2015 session of the General Assembly of Georgia, which grants an original municipal charter to the City of LaVista Hills, do hereby certify that this bill is in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. in that the area embraced within the original incorporation in this bill is in all respects in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. This certificate is executed to conform to the requirements of Code Section 36-31-5 of the O.C.G.A.

So certified, this _________ day of February, 2015.

____________________________________ Honorable Tom Taylor Representative, 79th District Georgia State House of Representatives y

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to incorporate the City of LaVista Hills in DeKalb County; to provide for a charter for the City of LaVista Hills; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for codes; to provide for a charter commission; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for ethics and disclosures; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for homestead exemptions; to provide for bonds for officials; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates and transitional provisions governing the transfer of various functions and responsibilities from DeKalb County to the City of LaVista Hills; to provide for severability; to provide an effective date; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Taylor, who on oath deposes and says that he is the Representative from District 79 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on February 26, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TOM TAYLOR Tom Taylor Representative, District 79

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 2nd day of March 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

CITY OF TALBOTTON NEW CHARTER.

No. 243 (House Bill No. 526).

AN ACT

To reincorporate the City of Talbotton in Talbot County; to provide for a new charter for the City of Talbotton; to provide for reincorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses., qualifications, prohibitions, 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 offices of mayor and councilmembers and certain duties and powers relative to the offices of mayor and councilmembers; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel; to provide for 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 a specific law; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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ARTICLE I CREATION, INCORPORATION, AND POWERS
SECTION 1.01. Incorporation.

This Act shall constitute the charter of the City of Talbotton, Georgia. The City of Talbotton, Georgia, in the County of Talbot, and the inhabitants thereof, are constituted and declared a body politic and corporate under the same name and style of the "City of Talbotton" 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 this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Talbotton, 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. The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

SECTION 1.03. Powers and construction.

(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. These powers shall include, but not be limited to, the following:
(1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl; 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

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destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades to the extent permitted by general law; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the city council, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of storm water and establishment of a storm-water utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) 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

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necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein that benefit from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (12) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city; and to provide for the enforcement of such standards; (13) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (14) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (15) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; and 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, authorities, and agencies of the city; and to confer upon such entities the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (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 the same by the public; and to prescribe penalties and punishment for violations thereof; (21) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, 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

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penalties; and to provide for the withdrawal of service for refusal or failure to pay the same; (22) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (23) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (24) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (25) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (26) Public hazards: removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (27) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, public buildings, libraries, public housing, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, detentional, penal, and medical institutions, agencies, and facilities; 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 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 these are not in conflict with valid regulations of the Public Service Commission; (31) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the 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, 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

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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; 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; 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; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; 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 Talbot 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 Talbot County ad valorem taxes; (38) Taxes: other. To levy and collect such other taxes as may be allowed by law now or in the future; (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; 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

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powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.04. Exercise of powers.

All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this 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 LEGISLATIVE BRANCH
SECTION 2.01. City council creation; number; election.

(a) The legislative authority of the government of Talbotton, except as otherwise specifically provided in this charter, shall be vested in a city 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 city at large voting at the elections of the city. (c) Each councilmember shall be elected by a majority vote of the qualified electors voting at the elections of the city. 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 in writing the council post for which he or she is offering upon qualifying and may only offer for one council post appearing on any given election ballot.

SECTION 2.02. Mayor and city councilmembers; election; terms; qualifications for office.

(a) Except as otherwise provided in this charter, the mayor and members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless such person shall have been a resident of the area comprising the corporate limits of the City of Talbotton for a continuous period of at least 12 months immediately prior to the date of the election for mayor or councilmember, and shall continue to reside therein during such person's period of service, and shall continue to be registered and be qualified to vote in municipal elections of the City of Talbotton.

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(b) General municipal elections shall be held on the Tuesday next following the first Monday in November or as otherwise required by law, and quadrennially thereafter. (c) The current mayor, Tony Lamar, and Councilmember Walter Wilson, Jr., Post 1, Councilmember Elijah Epps, Post 2, and Councilmember John Lamar, Post 3, shall serve until the expiration of their terms on December 31, 2017, or as otherwise replaced by law. Elections for mayor, Council Post 1, Council Post 2, and Council Post 3 shall take place on the Tuesday next following the first Monday in November, 2017, or as otherwise required by law, and such elected positions shall have terms of three years, with elections being held on the Tuesday next following the first Monday in November, 2020, and quadrennially thereafter. It is the specific intent of this charter, pursuant to Code Section 21-2-541.2 of the O.C.G.A., to create an election cycle for all councilmembers and the mayor which coincides with general elections in the year 2020 and quadrennially thereafter. The present elected members and future members of the governing authority shall serve until their successors are elected and qualified. (d) The current Councilmember Annie Powell, Post 4, and Councilmember Knox Blackmar, Post 5, shall serve until the expiration of their current terms on December 31, 2015, or as otherwise replaced by law. Elections for Council Post 4 and Post 5 shall take place on the Tuesday next following the first Monday in November, 2015, or as otherwise required by law, and such elected positions shall have terms of five years, with elections being held on the Tuesday next following the first Monday in November, 2020, and quadrennially thereafter. It is the specific intent of this charter, pursuant to Code Section 21-2-541.2 of the O.C.G.A., to create an election cycle for all councilmembers and the mayor which coincides with general elections in the year 2020 and quadrennially thereafter. 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. 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 such office. If such vacancy occurs within 12 months of the expiration of the term of such office, the city council or those councilmembers 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.

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SECTION 2.04. Nonpartisan elections.

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

SECTION 2.05. Election by majority vote.

The candidates for mayor and 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 such election, a run-off election shall be held between the two candidates receiving the highest number of votes. Such runoff shall be held at the time specified by 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 charter, the city council shall, by ordinance or resolution, prescribe such rules and regulations as it deems appropriate, including but not limited to the establishment of qualifying fees, to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

SECTION 2.07. Compensation and expenses.

The annual salary of the mayor shall be $5,400.00 and the annual salary for each councilmember shall be $2,400.00. Such salary shall be paid from municipal funds in monthly installments. The city council may provide by ordinance for the provision of insurance, retirement, workers' compensation, and other employee benefits to the mayor and members of the city council and may provide by ordinance for the reimbursement of expenses actually and necessarily incurred by the mayor and members of the city council in carrying out their official duties.

SECTION 2.08. Inquiries and investigations.

The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena

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witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as may be provided by ordinance.

SECTION 2.09. Meetings and mayor pro tempore.

(a) The city council shall meet on the first working day in January immediately following each regular municipal election. The meeting shall be called to order by the mayor-elect and the oath of office shall be administered to the newly elected mayor and 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 City of Talbotton, 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 City of Talbotton 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 constitution 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 city council, by a majority vote of the councilmembers, shall elect a councilmember to be mayor pro tempore, who shall serve for a term of 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 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 city council shall, at least once a month, hold regular meetings at such times and places as prescribed by ordinance, presently the third Tuesday of each month at 6:30 P.M. The city council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (d) Special meetings of the city council may be held on the call of the mayor or two councilmembers. Notice of such special meetings shall be delivered to all members of the

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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 city council. Voting on the adoption of ordinances shall be taken by voice vote and the yeas and nays shall be recorded in the minutes; but on the request of any councilmember, there shall be a roll-call vote. In order for any ordinance, resolution, motion, or other action of the city council to be adopted, the measure must receive at least two affirmative votes and must receive the affirmative votes of a majority of those voting. No member of the city council shall abstain from voting on any matter properly brought before the 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 city council present and eligible to vote on a matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of interest shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved. The mayor shall vote only in the case of a tie.

SECTION 2.11. General power and authority of the city council.

(a) Except as otherwise provided by law or by this charter, the city council shall be vested with all the powers of government of the City of Talbotton as provided by Article I of this charter. (b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, regulations, and the exercising of eminent domain 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 Talbotton and may enforce such ordinances by imposing penalties for violation thereof. The city council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries,

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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; 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 city council, by ordinance, may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as they shall deem necessary for the proper administration of the affairs and government of the city. The city council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision of the councilmember whose post is designated for such department.

SECTION 2.13. Boards; commissions; authorities.

(a) All members of boards, commissions, and authorities of the city shall be nominated by the mayor and be confirmed by the city council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law. (b) No member of any board, commission, or authority of the city shall hold any elective office in the city. Councilmembers and the mayor, however, may serve as ex officio members of such boards, commissions, or authorities, without a vote. The mayor shall serve as the ex officio chairperson of all boards, commissions, and authorities. (c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for original appointment, except as otherwise provided by this charter or by applicable state law. (d) No member of any board, commission, or authority shall assume office until he or she shall have executed and filed with the designated officer of the city an oath obligating

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himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance of the city council and administered by the mayor. (e) Any member of a board, commission, or authority may be removed from office for cause by a vote of a majority of the members of the 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, and authority of the city government shall elect one of its members as vice chairperson for terms of one year and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, and authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or applicable state law as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the designated officer of the city.

SECTION 2.14. Ordinance form; procedures.

(a) Every proposed ordinance and resolution shall be introduced in writing, and the city council shall have the authority to approve, disapprove, or amend the same. After the title of any proposed resolution or ordinance is read at a city council meeting, it may be approved and passed at such time by the city council. (b) The captions 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 such section and:
(1) Shall not be deemed or taken to be titles of such sections or as any part of such section; and (2) Shall not be so deemed when any of such sections, including the captions, are amended or reenacted unless expressly provided to the contrary. Furthermore, the chapter, article, and section headings contained in this charter shall not be deemed to govern, limit, or modify or in any manner affect the scope, meaning, or intent of the provisions of any chapter, article, or section hereof. (c) The city council may, by ordinance or resolution, adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent members. Such rules may include punishment for contemptuous behavior conducted in the presence of the city council.

SECTION 2.15. Submission of ordinances to the mayor.

(a) Every ordinance, resolution, and other action adopted by the city council shall be presented promptly to the mayor. Except for council approval of appointments to boards,

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commissions, and authorites, employment of any appointed officer, internal affairs, or matters which must be approved by the voters, the mayor may veto any action adopted by the city council. (b) The veto must be exercised no later than the next regular city council meeting following the meeting at which the action was taken. If an action is disapproved, the mayor shall submit to the city council a written statement of the reasons for the mayor's veto. (c) An action vetoed by the mayor shall automatically be on the agenda at the next regular meeting of the city council for reconsideration. If the minimum number of 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 the city 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 city 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 city council, it shall become effective.

ARTICLE III EXECUTIVE BRANCH
SECTION 3.01. Powers and duties of the mayor.

(a) The mayor shall be the chief executive officer of the city government, a member of and the presiding officer of the city council, and responsible for the efficient and orderly administration of the city's affairs. The mayor shall be responsible for the enforcement of laws, rules, regulations, ordinances, and franchises in the city. The mayor may conduct inquiries and investigations into the conduct of the city's affairs and shall have such powers and duties as specified in this charter or as may be provided by ordinance consistent with this charter. (b) The mayor shall:
(1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the advocate of policy; (3) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, resolutions, and other instruments executed by the city which by law are required to be in writing; (4) See that all laws and ordinances of the city are faithfully executed;

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(5) Vote on any motion, resolution, ordinance, or other question before the city council only as provided in Section 2.10 of this charter; (6) Obtain short-term loans in the name of the city when authorized by the city council to do so; (7) Name qualified residents of the city to boards, commissions, and authorities with approval of the city council; (8) Review all payments of city expenses for appropriateness following authorization and payment by the city council's finance officers and bring any objections to the next city council meeting for discussion; (9) Vote for the rehire of city employees and officers at the first meeting of each year, unless his or her vote would cause a tie; and in that event, the mayor's vote would not be counted unless it was to break a tie; (10) Make recommendations with respect to the employment or termination of city employees; (11) Prepare or have prepared an agenda for each meeting of the city council which shall include all business submitted by the mayor, any councilmember, and the city attorney; and (12) Fulfill and perform such other duties as are imposed by this charter and duly adopted ordinances.

SECTION 3.02. City attorney.

The city council shall confirm by majority vote of the council a city attorney, together with such assistant city attorneys as may be deemed appropriate, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, other officers, and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of his or her position as city attorney. The city attorney shall review all contracts of the city before their execution but shall not have the power to bind the city.

SECTION 3.03. City clerk.

The city council may appoint a city clerk, subject to confirmation by majority vote of the 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 council may direct.

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SECTION 3.04. City tax collector.

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

SECTION 3.05. City accountant.

The city council may appoint a city accountant, subject to confirmation by majority vote of the council, to perform the duties of an accountant.

SECTION 3.06. Consolidation of functions.

The city council may consolidate any two or more of the positions of city clerk, city tax collector, or 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 mayor may also, with the approval of the city council, perform all or any part of the functions of any of the positions or offices in lieu of the appointment of other persons to perform the same.

SECTION 3.07. Position classification and pay plans; employment at will.

The city council shall be responsible for the preparation of a position classification and a pay plan which shall be prepared and approved annually by the city council. Such plan may apply to all employees of the City of Talbotton and any of its departments, agencies, and offices. When a pay plan has been adopted by the city council, neither the city council nor any department head or supervisor shall increase or decrease the salaries of individual employees except in conformity with such pay plan or pursuant to an amendment of such pay plan duly adopted by the city council. Except as otherwise provided in this charter, all employees of the city shall be subject to removal or discharge, with or without cause, at any time.

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ARTICLE IV MUNICIPAL COURT SECTION
SECTION 4.01. Creation.

There is established a court to be known as the Municipal Court of the City of Talbotton which shall have jurisdiction and authority to try offenses against the laws and ordinances of the city and to punish for violations of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law, including ordinances of the city; to punish witnesses for nonattendance and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before such court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city 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 that are 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 Talbotton, Georgia, shall continue to serve for the remainder of his or her term. (b) All judges shall be appointed by resolution by the city 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, a judge may not appear and represent a client before the court. The compensation of all judges shall be fixed by the city council by resolution. (c) Before entering on the duties of his or her office, the appointed 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. (d) A judge of the municipal court shall serve for the designated term but may be removed from the position by a two-thirds vote of the entire membership of the city council or upon action taken by the State Judicial Qualifications Commission for:
(1) Willful misconduct in office; (2) Willful and persistent failure to perform duties; (3) Habitual intemperance;

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(4) Conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or (5) Disability seriously interfering with the performance of duties which is, or is likely to become, of a permanent character.

SECTION 4.03. Administration.

(a) The position of clerk of the court is created. The clerk shall be appointed by the city council and shall serve at the pleasure of the city council. (b) The clerk of the court shall be responsible for all record keeping of the court and the 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 performing such other services as may be assigned by resolution or ordinance of the city council.

SECTION 4.04. Jurisdiction; powers.

The municipal court shall try and punish for crimes against the City of Talbotton and for violations 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 costs of operation and shall be entitled to reimbursement for the costs 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 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 such 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 declared forfeited to the city on order of the judge, or the

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property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. 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 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. The city council shall have authority to establish a schedule of reasonable fees to defray the costs 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 Talbot County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

SECTION 4.06. Rules for court.

The judges, by majority vote, shall have authority to make reasonable rules and regulations necessary and proper for addressing the operations of the municipal court. The clerk of the court, as administrator of the court, shall prepare reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court. All rules shall be subject to the approval of the city council.

ARTICLE V FINANCE AND FISCAL
SECTION 5.01. Fiscal year.

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

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SECTION 5.02. Preparation of budgets.

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

SECTION 5.03. Submission of operating budget to city council.

On or before a date fixed by the city council, but not later than 90 days prior to the beginning of each fiscal year, the mayor, in planning and consultation with the city council, shall formally submit to the council a proposed operating budget for the ensuing fiscal year. The proposed budget shall be open to public inspection in the office of the city clerk.

SECTION 5.04. Action by city council on budget.

The city council may amend the operating budget proposed by the mayor, except that the budget, as finally amended and adopted, must provide for all expenditures required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year; and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues constituting the fund availability of such fund.

SECTION 5.05. Audits.

(a) There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public. (b) At a minimum, all audits and budgets of the city shall satisfy the requirements of Chapter 81 of Title 36 of the O.C.G.A., relating to local government audits and budgets.

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SECTION 5.06. Homestead exemptions.

Any homestead exemptions applicable to ad valorem taxes levied by the city shall be as provided by Act of the General Assembly pursuant to Article VII, Section II, Paragraph II of the Georgia Constitution.

ARTICLE VI GENERAL PROVISIONS
SECTION 6.01. Rules of procedure.

The mayor and city 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 city 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 Talbot 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 city 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 city council.

SECTION 6.03. Existing code and prior ordinances.

All provisions of the Code of Talbotton, Georgia, and any uncodified ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force until expressly amended or repealed by ordinance enacted by the mayor and city council.

SECTION 6.04. Personnel and officers.

Except as specifically provided otherwise by this charter, all personnel and appointed officers of the city and their rights, privileges, and powers shall continue beyond the time this charter

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takes effect for a period up and until December 31, 2015, unless sooner terminated by a majority vote of the city 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 city officers, departments, agencies, or personnel.

SECTION 6.06. Conflict of interest of elected officials and appointed officers.

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. 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 such person was elected. 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 such person is financially interested. 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 such person's official duties or which would tend to impair the independence of such 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 such person's official duties or would tend to impair the independence of such 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 interests 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;

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(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.

SECTION 6.07. 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; such disclosure shall be entered on the records of the city council; and such 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.

SECTION 6.08. 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 official duties as an officer or employee of the city.

SECTION 6.09. Contracts voidable and rescindable.

Any violation of this article 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.

SECTION 6.10. 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 such government or any agency thereof during the term for which such official was elected. No former mayor

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and no former councilmember shall hold any appointive office in the city until one year after the expiration of the term for which such official was elected.

SECTION 6.11. 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 such city employee. Such determination shall be made by the city council either immediately upon election or at any time such conflict may arise.

SECTION 6.12. Penalties for violation.

Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this article shall be guilty of malfeasance in office or position and shall be deemed to have forfeited such person's office or position. Any officer or employee of the city who forfeits an office or position as provided in this article 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 6.13. 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 subsection 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 Talbot 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 Talbot County following a hearing on a complaint seeking such removal brought by any resident of the City of Talbotton.

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SECTION 6.14. Term limits of elected officials.

There shall be no term limits.

SECTION 6.15. Emergencies.

To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or two councilmembers and 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 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 limits.

SECTION 6.16. Codes of technical regulations.

The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:
(1) The requirements of Section 6.16 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. Copies of any adopted

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code of technical regulations shall be made available by the city clerk for inspection by the public.

SECTION 6.17. 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 city council. 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 Talbotton, Georgia." Copies of such code shall be furnished to all offices, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. 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.

SECTION 6.18. 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 6.19. Revenue bonds.

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

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SECTION 6.20. 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 6.21. 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, however, that the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.

SECTION 6.22. Contracting procedures.

No contract with the city shall be binding on the city unless it is in writing; 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 it is made or authorized by the city council and such approval is entered in the city council journal of proceedings.

SECTION 6.23. Centralized purchasing.

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

SECTION 6.24. 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. 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. 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

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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.

SECTION 6.25. 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.

SECTION 6.26. 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 6.27. Severability.

In the event any section, subsection, sentence, clause, or phrase of this charter shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this charter, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so 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 charter if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

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SECTION 6.28. Specific repealer.

An Act incorporating the City of Talbotton in the County of Talbot, approved March 21, 1984 (Ga. L. 1984, p. 4536), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety.

SECTION 6.29. Effective date.

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

SECTION 6.30. 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 2015 session of the General Assembly of Georgia a bill to reincorporate the City of Talbotton in Talbot County; to provide for a new charter for the city of Talbotton; to provide for reincorporation, boundaries and power 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 posts relative to members of such governing authority; to provide for ordinances; to provide for the offices of mayor and city council members and certain duties and powers relative to the offices of mayor and city council members; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for ethics and disclosures; to provide for practices and procedures; to provide for ethics 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 a specific law; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 Talbotton New Era which is the official organ of Talbot County on February 26, 2015, 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 2nd day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

COBB COUNTY COMMUNITY IMPROVEMENT DISTRICTS; POWERS.

No. 244 (House Bill No. 532).

AN ACT

To amend an Act creating one or more community improvement districts in Cobb County and each municipality therein, approved March 20, 1985 (Ga. L. 1985, p. 4009), as amended, so as to add a certain provision relating to the powers of such districts; 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 Cobb County and each municipality therein, approved March 20, 1985 (Ga. L. 1985, p. 4009), as amended, is

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amended in subsection (a) of Section 10 by deleting the word "and" at the end of paragraph (17), by deleting the period at the end of paragraph (18) and replacing it with "; and", and by adding a new paragraph to read as follows:
"(19) To create, provide, enhance, or supplement public services such as fire and police and other such services as may be deemed necessary; provided, however, that such services shall not conflict with or duplicate existing services provided by Cobb County or any municipal corporation therein."

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 2015 session of the General Assembly of Georgia a bill to amend an Act creating one or more community improvement districts in Cobb County and each municipality therein, approved March 20, 1985 (Ga. L. 1985, p. 4009), as amended; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Albert Reeves, who on oath deposes and says that he is the Representative from District 34 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on February 27, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ALBERT REEVES Albert Reeves Representative, District 34
Sworn to and subscribed before me, this 2nd day of March, 2015.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

GEORGIA LAWS 2015 SESSION

4023

Approved May 12, 2015.

__________

RANDOLPH COUNTY BOARD OF COMMISSIONERS; COMPENSATION.

No. 245 (House Bill No. 533).

AN ACT

To amend an Act creating the Board of Commissioners of Randolph County, approved February 13, 1935 (Ga. L. 1935, p. 778), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3630), so as to change the compensation of the chairperson and other members of the board; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Board of Commissioners of Randolph County, approved February 13, 1935 (Ga. L. 1935, p. 778), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3630), is amended by revising Section 19 as follows:

"SECTION 19. Monthly compensation for the chairperson of the board for duties connected with the office of chairperson of the board shall be $430.08 effective on the effective date of this Act, and monthly compensation for other members of the board shall be $390.98; provided, however, that compensation shall not be paid to the chairperson or other member of the board for any month in which the chairperson or other member of the board failed to attend a regularly scheduled meeting of the board unless the board by majority vote determines that the absence should be excused for illness or other good cause. The compensation provided by this section shall be paid monthly from the funds of Randolph County on an order drawn by the board and signed by the chairperson and the clerk. The commissioners shall be subject to prosecution for malpractice in office in the same manner as magistrates and shall be exempt from road, jury, and militia duty."

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 2015 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Randolph County, approved February 13, 1935 (Ga. L. 1935, p. 778) as amended, and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Greene, who on oath deposes and says that he is the Representative from District 151 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Citizen's Times which is the official organ of Randolph County on February 25, 2015, 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 3rd day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

TOWN OF SUMNER MAYOR AND COUNCIL; TERMS; ELECTIONS; VACANCIES.

No. 246 (House Bill No. 545).

AN ACT

To amend an Act entitled "An Act to incorporate the town of Sumner," approved August 9, 1883 (Ga. L. 1882-83, p. 291), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4331), so as to provide for four-year terms for the mayor and councilmembers; to provide for serving officers; to provide for elections; to provide for the filling of vacancies; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act entitled "An Act to incorporate the town of Sumner," approved August 9, 1883 (Ga. L. 1882-83, p. 291), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4331), is amended in Section 2.10 by revising subsection (b) as follows:
"(b)(1) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he or she has been a resident of this town for 12 months immediately preceding the election of mayor or councilmember; each such person shall continue to reside within the town during said period of service and shall be registered and qualified to vote in municipal elections of this town. Those seeking office must be age 21 by election date. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person files a written notice with the clerk of the town that he or she desires his or her name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless he or she files such notice within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' (2) On the Tuesday next following the first Monday in November, 2015, there shall be elected two councilmembers to succeed the councilmembers whose terms are expiring in January, 2016. Those persons who are elected in such election shall serve for terms of two years and until their respective successors are elected and qualified. On the Tuesday next following the first Monday in November, 2017, and quadrennially thereafter, successors to such councilmembers shall be elected for terms of four years and until their respective successors are elected and qualified. (3) On the Tuesday next following the first Monday in November, 2016, there shall be elected a mayor and two councilmembers to succeed the mayor and remaining two councilmembers whose terms are expiring in January, 2017. Those persons who are elected in such election shall serve for terms of three years and until their respective successors are elected and qualified. On the Tuesday next following the first Monday in November, 2019, and quadrennially thereafter, successors to the mayor and such councilmembers shall be elected for terms of four years and until their respective successors are elected and qualified."

SECTION 2. Said Act is further amended in Section 2.11 by revising subsection (e) as follows:
"(e)(1) In the event the office of mayor becomes vacant for any cause, the councilmembers shall appoint a qualified person to fill and hold such office of mayor until the next regular yearly election at which time an election shall be held for such office for either the remaining years of the term of the person vacating such office of mayor or for the next four years should the term of the person vacating such office expire

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

at the end of the year in which such election is held. 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.' (2) In the event the office of any councilmember becomes vacant for any cause, the mayor and remaining councilmembers shall appoint a qualified person to fill and hold such office of councilmember until the next regular yearly election at which time an election shall be held for such office for either the remaining years of the term of the person vacating such office of councilmember or for the next four years should the term of the person vacating such office expire at the end of the year in which such election is held. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'"

SECTION 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 INTORDUCED AT THE REGULAR 2015 SESSION OF THE General Assembly of Georgia a bill amend an Act entitled "An Act to incorporate the Town of Sumner," approved August 9, 1883 (Ga. L. 1882-83, p. 291), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4331); and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ed Rynders, who on oath deposes and says that he is the Representative from District 152 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Sylvester Local News which is the official organ of Worth County on February 25, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ED RYNDERS Ed Rynders Representative, District 152

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Sworn to and subscribed before me, this 3rd day of March 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

MCINTOSH COUNTY BOARD OF ELECTIONS AND REGISTRATION; COMPOSITION OF BOARD; APPOINTMENT; TERMS.

No. 247 (House Bill No. 546).

AN ACT

To amend an Act entitled "An Act to create a board of elections and registration for McIntosh County," approved May 4, 2006 (Ga. L. 2006, p. 4171), so as to provide that the board shall consist of five members; to provide for appointment; to provide for terms; 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 board of elections and registration for McIntosh County," approved May 4, 2006 (Ga. L. 2006, p. 4171), is amended by revising Section 3 as follows:

"SECTION 3. (a) The board shall be composed of five 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, and shall be qualified and selected in the following manner:
(1) Three members shall be appointed by the county executive committee of the political party whose candidate at the last preceding general election received the largest number of votes in this state for the office of Governor; (2) Two members shall be appointed by the county executive committee of the political party whose candidate at the last preceding general election received the next largest number of votes in this state for the office of Governor; and

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(3) Each of the appointments made by the respective executive committees shall have been ratified by a majority of the members of each such respective executive committee voting at a meeting called and held for such purposes. In the event such appointments are not ratified by a majority of the members of such executive committee, then such members shall be appointed by the judge of the probate court of McIntosh County. (b) At the first meeting of each calendar year, the members of the McIntosh County Board of Elections and Registration shall select one of their members of the board to serve as chairperson and one of their members to serve as secretary. The initial appointments to the board shall be made no later than July 1, 2015. Of the three initial members appointed by the executive committee of the political party whose candidate at the last preceding election received the largest number of votes in this state for the office of Governor, two of the persons so appointed, who shall be designated by the executive committee, shall serve a term of office beginning on July 1, 2015, and expiring on December 31, 2017, and one of the persons so appointed, who shall be designated by the executive committee, shall serve a term of office beginning on July 1, 2015, and expiring on December 31, 2019. Of the two initial members appointed by the executive committee of the political party whose candidate at the last preceding election received the next largest number of votes in this state for the office of Governor, one of the persons so appointed, who shall be designated by the executive committee, shall serve a term of office beginning on July 1, 2015, and expiring on December 31, 2017, and one of the persons so appointed, who shall be designated by the executive committee, shall serve a term of office beginning on July 1, 2015, and expiring on December 31, 2019. All such persons so appointed shall serve for the initial terms specified and until their successors are duly appointed and qualified. (c) After the initial term of office, successors to members whose terms are about to expire shall be appointed to take office on the first day of January immediately following the expiration of a term of office and shall serve a term of four years each and until their successors are duly appointed and qualified. (d) Appointments on behalf of political parties that do not have executive committees in McIntosh County shall be made by the state executive committee of such party. (e) Each member of the board shall successfully complete all mandatory training by achieving a passing score on any test administered as a part of such training. Any board member who fails to successfully complete such training and achieve a passing score of any test administered as a part of such training shall stand immediately terminated and shall be replaced by the authority appointing such board member. Any such appointment shall be to fill the unexpired term of the member replaced."

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

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to create a board of elections and registration for McIntosh County," approved May 4, 2006 (Ga. L. 2006, p. 4171); and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeff Jones, who on oath deposes and says that he is the Representative from District 167 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Darien News which is the official organ of McIntosh County on February 26, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JEFF JONES Jeff Jones Representative, District 167

Sworn to and subscribed before me, this 3rd day of March 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

BURKE COUNTY BURKE COUNTY ECONOMIC DEVELOPMENT AUTHORITY; ABOLISH.

No. 248 (House Bill No. 550).

AN ACT

To repeal an Act creating the Burke County Economic Development Authority, approved February 13, 1991 (Ga. L. 1991, p. 4120); to repeal conflicting laws; and for other purposes.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Burke County Economic Development Authority, approved February 13, 1991 (Ga. L. 1991, p. 4120), is 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 2015 session of the General Assembly of Georgia a bill to repeal an Act creating the Burke County Economic Development Authority, approved February 13, 1991 (Ga. L. 1991, p.4120); and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gloria Frazier, who on oath deposes and says that she is the Representative from District 126 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the True Citizen which is the official organ of Burke County on February 25, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ GLORIA FRAZIER Gloria Frazier Representative, District 126
Sworn to and subscribed before me, this 4th day of March 2015.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)
Approved May 12, 2015.

GEORGIA LAWS 2015 SESSION

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MCDUFFIE COUNTY BOARD OF ELECTIONS AND REGISTRATION; COMPOSITION; APPOINTMENT; TERMS.

No. 250 (House Bill No. 559).

AN ACT

To amend an Act to create a board of elections and registration for McDuffie County, approved March 22, 1990 (Ga. L. 1990, p. 4410), so as to increase the membership of the board; to provide for the manner of appointment and terms of office; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to create a board of elections and registration for McDuffie County, approved March 22, 1990 (Ga. L. 1990, p. 4410), is amended by designating the existing text of Section 2 as subsection (a) and adding a new subsection (b) to read as follows:
"(b) Effective January 1, 2016, the membership of the board of elections and registration shall be increased to five members. The two new members shall be selected as provided in this subsection. One member shall be appointed by the political party that received the highest number of votes in this state for its candidate for President in the general election immediately preceding the appointment of the member for a term of four years and until his or her respective successor is selected and qualified. The other member shall be appointed by the political party that received the second highest number of votes in this state for its candidate for President in the general election immediately preceding the appointment of the member for a term of four years and until his or her respective successor is selected and qualified. Each of the two appointments shall be made as follows: the member shall be nominated by the chairperson of the appropriate county political party and ratified by the county executive committee of the appropriate county 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. On and after January 1, 2016, the chairperson shall be selected by all four members appointed by the political parties and, if such four members fail to appoint the fifth member within 30 days after the end of the fifth member's term of office, the chief judge of the Superior Court of the Toombs Judicial Circuit shall appoint the fifth member."

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

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

PUBLIC NOTICE

Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act to create a board of elections and registration for McDuffie County, approved March 22, 1990 (Ga. L. 1990, p. 4410), so as to increase the membership of the board: to provide for the manner of appointment and terms of office; to provide for related matters; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Barry Fleming, who on oath deposes and says that he is the Representative from District 121 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the McDuffie Progress which is the official organ of McDuffie County on February 26, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BARRY FLEMING Barry Fleming Representative, District 121

Sworn to and subscribed before me, this 4th day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

CITY OF MILTON CITY COUNCIL; REDISTRICTING.

No. 253 (House Bill No. 570).

AN ACT

To amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), as amended, particularly by an Act approved May 7,

GEORGIA LAWS 2015 SESSION

4033

2013 (Ga. L. 2013, p. 4401), so as to change the description of the election districts; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), as amended, particularly by an Act approved May 7, 2013 (Ga. L. 2013, p. 4401), is amended by revising paragraph (1) of subsection (c) of Section 2.11 as follows:
"(c)(1) For the purpose of electing members of the council, the City of Milton shall consist of three council districts which shall be and correspond to those three numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: miltoncc-2015-p1 Plan Type: Local Administrator: H047 User: Gina' which are also described in Appendix B of this charter, which appendix is attached and incorporated into this charter by reference. Each candidate for election to the council other than the mayor must reside in the council district he or she seeks to represent, but such districts shall be residency districts only and not voting districts. All elections for all councilmembers shall be at-large by the voters of the entire city."

SECTION 2. Said Act is further amended by revising Appendix B as follows:

"APPENDIX B

Plan: miltoncc-2015-p1 Plan Type: Local Administrator: H047 User: Gina

District 001 Fulton County VTD: 121AP04 - AP04 011503: 3023 3031 VTD: 121ML01A - ML01A 011503: 1003 1004 1005 1006 1007 1008 1016 1018 1020 1021 2000 2001 2002 2003 2006 2015 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3024 3028 3032 3037 3038 3039 3040 3041 3042 3043 3045 3047 3054

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 121ML01B - ML01B 011503: 2004 2005 2010 2011 2012 2016 2025 2031 011505: 1001 1003 1009 1019 011506: 2000 2001 2008 2012 VTD: 121ML02A - ML02A 011503: 3000 3001 3002 3003 3004 3005 3006 011504: 3029 3033 3034 3035 VTD: 121ML02B - ML02B 011503: 1000 1001 1002 3007 3008 011504: 2011 2012 2020 2021 3037 011615: 1005 1006 VTD: 121ML04 - ML04 011614: 3043 3044 3051 011615: 1000 1001 1002 1003 1009 1010 1011 1012 1014 1015 1016 1019 1020 1021 1033 1034 1036 1047 3006 3017 3021 3034 3035 3036 3037 3040 VTD: 121ML05 - ML05 011615: 3016 3018 3019 VTD: 121ML06 - ML06 011614: 1016 1017 1018 1019 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 3000 3001 3002 3003 3004 3009 3010 3011 3012 3013 3014 3015 3021 011615: 3024 3028 3052

District 002 Fulton County VTD: 121ML02A - ML02A

GEORGIA LAWS 2015 SESSION
011504: 2023 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3013 3017 3018 3019 3020 3021 3022 3023 3024 3032 3038 VTD: 121ML02B - ML02B 011504: 2006 2014 2015 2016 VTD: 121ML03 - ML03 VTD: 121ML04 - ML04 011504: 2001 2002 2003 2004 2005 2007 2008 2013 4028 4029 011615: 2004 3002 VTD: 121ML05 - ML05 011504: 4017 4025 4026 VTD: 121ML07 - ML07 011504: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1021 1022 4000 4001 4002 4003 4004 4008 4009 4010 4011 4012 4013 4014 4015 4016 4021 4022 4030
District 003 Fulton County VTD: 121ML04 - ML04 011504: 4027 011615: 3003 VTD: 121ML05 - ML05 011504: 4019 4024 4031 4033 4034 4035 011614: 2001 2008 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 011615: 2000 2001 2002 2003 2005 2006 2007 2008 2009 2010 3000 3001 3007 3008 3009 3010 3011 3012 3013 3014 3015 3023 VTD: 121ML06 - ML06 011614: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1020 1021 2000 2002 2003 2004 2005 2006

4035

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

2007 2012 2021 VTD: 121ML07 - ML07 011504: 4020 4023 4032"

SECTION 3. Those members of the city council of the City of Milton who are serving as such immediately prior to the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), as amended, so as to revise certain council districts; to provide for related matters; to repeal conflicting laws; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jan Jones, who on oath deposes and says that she is the Representative from District 47 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on March 3, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JAN JONES Jan Jones Representative, District 47

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Sworn to and subscribed before me, this 3rd day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

CITY OF SANDY SPRINGS HOTEL/MOTEL TAX.

No. 254 (House Bill No. 571).

AN ACT

To authorize the governing authority of the City of Sandy Springs 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 provide for a conditional effective date and automatic repeal; 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 Sandy Springs 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. 2015-02-15 by the governing authority of the City of Sandy Springs on February 18, 2015, which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.

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SECTION 3. In accordance with the terms of such resolution adopted by the mayor and council of the City of Sandy Springs:
(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 Sandy Springs; 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 is not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

SECTION 4. This Act shall become effective on July 1, 2015; provided, however, that this Act shall only become effective if the General Assembly does not enact general legislation during its 2015 regular session to provide for the use of the proceeds of the hotel/motel tax in municipalities subject to division (a)(5)(A)(ii) of Code Section 48-13-51 of the O.C.G.A. If such legislation is enacted, this Act shall not become effective and shall stand repealed in its entirety.

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 2015 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Sandy Springs 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.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wendall Willard, who on oath deposes and says that he is the Representative from District 51 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on March 2, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

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s/ WENDALL WILLARD Wendall Willard Representative, District 51

Sworn to and subscribed before me, this 9th day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

TWIGGS COUNTY BOARD OF COMMISSIONERS; COMPENSATION.

No. 255 (House Bill No. 573).

AN ACT

To amend an Act creating a Board of Commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, so as to change the provisions regarding the compensation and expenses of the members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a Board of Commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, is amended by revising Section 9 as follows:

"SECTION 9. (a) Except as otherwise provided in subsection (b) of this section, in addition to the compensation provided for in Section 8 of this Act, the chairperson and other members of the board shall receive an expense allowance of $150.00 per month for carrying out their official duties within and outside Twiggs County, but within the State of Georgia, including attendance at seminars or other training meetings for county officials. Such expense allowance shall be paid monthly from the funds of Twiggs County.

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(b) A member of the board of commissioners, including the chairperson, may be reimbursed for actual expenses incurred in carrying out his or her official duties in the case of an emergency or some other cause in addition to the funds provided for in subsection (a) of this section, provided that such reimbursement is documented by an itemized, verified account of such expenses and such reimbursement is approved by a majority of the members of the board of commissioners."

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 there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners of Twiggs County, approved July 27, 1923 (Ga L. 1923, p. 324), as amended, so as to change the provisions regarding the compensation and expenses of the members of the board; to provide for related matters; and for other purposes.
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 New Era which is the official organ of Twiggs County on March 5, 2015, 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 9th day of March, 2015.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

GEORGIA LAWS 2015 SESSION

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Approved May 12, 2015.

__________

TWIGGS COUNTY SHERIFF; EMPLOYEES; COMPENSATION.

No. 256 (House Bill No. 574).

AN ACT

To amend an Act providing an annual salary for the Sheriff of Twiggs County in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2546), as amended, particularly by an Act approved March 31, 1992 (Ga. L. 1992, p. 5140), so as to change the manner of fixing the compensation of employees of the sheriff's 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 providing an annual salary for the Sheriff of Twiggs County in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2546), as amended, particularly by an Act approved March 31, 1992 (Ga. L. 1992, p. 5140), is amended by revising subsection (a) of Section 9 as follows:
"(a) The sheriff shall have the authority to appoint such deputies, clerks, assistants, and other personnel as the sheriff deems necessary to discharge efficiently and effectively the official duties of the sheriff's office. The sheriff shall have the sole power and authority, during the sheriff's term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees; to prescribe their duties and assignments; to remove or replace any of such employees at will and within the sheriff's sole discretion; and to fix the compensation to be received by each employee within the budgetary constraints established by Board of Commissioners of Twiggs 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 2015 session of the General Assembly of Georgia a bill to amend an Act providing an annual salary for the Sheriff of Twiggs County in lieu of the fee system of compensation, approved February 28, 1966

4042

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(Ga. L. 1966, p. 2546), as amended, particularly by an Act. approved March 31, 1992 (Ga. L. 1992, p. 5140), so as to change the manner of fixing the compensation of employees of the sheriff's office; to provide for related matters; and for other purposes.

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 New Era which is the official organ of Twiggs County on March 5, 2015, 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 9th day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

CITY OF BROXTON MAYOR AND COUNCIL; TERMS.

No. 257 (House Bill No. 576).

AN ACT

To amend an Act entitled "An Act to provide a new charter for the City of Broxton, Georgia, in the County of Coffee," approved April 6, 1981 (Ga. L. 1981, p. 3597), as amended, particularly by an Act approved April 6, 1992 (Ga. L. 1992, p. 5320), so as to provide for four-year terms for the mayor and members of the city council; to provide for elections; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2015 SESSION

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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 Broxton, Georgia, in the County of Coffee," approved April 6, 1981 (Ga. L. 1981, p. 3597), as amended, particularly by an Act approved April 6, 1992 (Ga. L. 1992, p. 5320), is amended by revising subsection (a) of Section 2.2 as follows:
"(a) The mayor and members of the city council shall serve terms of four years and until their successors are duly elected and qualified."

SECTION 2. Said Act is further amended by revising Section 3.3 as follows:
"Section 3.3. Time of Elections. The mayor and four council members serving on the effective date of this Act shall complete their terms on December 31, 2015, and shall serve until their successors are elected and qualified. On the Tuesday next following the first Monday in November, 2015, and quadrennially thereafter, an election shall be held for the office of mayor and the offices of the four council members. The persons elected at such election shall take office on January 1 of the year following their election and shall serve terms of four years and until their successors are elected and qualified."

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 2015 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 Broxton, Georgia, in the County of Coffee," approved April 6, 1981 (Ga. L. 1981, p. 3597), as amended, particularly by an Act approved April 6, 1992 (Ga. L. 1992, p. 5320); and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dominic LaRiccia, who on oath deposes and says that he is the Representative from District 169 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Douglas Enterprise which is the official organ of Coffee County on February 15, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

4044

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

s/ DOMINIC LARICCIA Dominic LaRiccia Representative, District 169

Sworn to and subscribed before me, this 9th day of March 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

COWETA COUNTY COWETA COUNTY WATER AND SEWERAGE AUTHORITY; TERMS OF MEMBERS OF AUTHORITY; QUORUM.

No. 258 (House Bill No. 582).

AN ACT

To amend an Act creating the Coweta County Water and Sewerage Authority, approved March 20, 2001 (Ga. L. 2001, p. 3539), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3668), so as to change the terms of members of the authority; to change the quorum; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Coweta County Water and Sewerage Authority, approved March 20, 2001 (Ga. L. 2001, p. 3539), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3668), is amended by revising subsections (b) and (e) of Section 2 as follows:
"(b) The authority shall consist of five members who shall be appointed by the Board of Commissioners of Coweta County, Georgia, as follows:
(1) The successor to the member whose term is due to expire on April 10, 2016, shall be appointed to serve until April 10, 2017. The successor to the member whose term is due to expire on April 10, 2015, shall be appointed to serve until April 10, 2017. One new member shall be appointed to serve until April 10, 2017.

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(2) The successor to the member whose term is due to expire on April 10, 2018, shall be appointed to serve until April 10, 2019. One new member shall be appointed to serve until April 10, 2019. Thereafter, all members shall be appointed for terms of four years each and until successors are appointed and qualified. To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age and a resident of Coweta County, Georgia, for at least two years prior to the date of his or her appointment. No member of the authority shall be eligible to hold an elective public office of this state or any county or municipality within this state unless first resigning as a member of the authority. No person shall be eligible for appointment to the authority who has been convicted of a felony, who is serving in an elected public office of this state or any county or municipality within this state, who is an employee of this state or any county or municipality within this state, or who is an employee of a utility system not operated by the authority or Coweta County. Any member of the authority may be selected and appointed to succeed himself or herself." "(e) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority."

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 2015 session of the General Assembly of Georgia a bill to amend an Act creating the Coweta County Water and Sewerage Authority, approved March 20, 2001 (Ga. L. 2001, p. 3539), as amended; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lynn Smith, who on oath deposes and says that she is the Representative from District 70 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Newnan Times-Herald which is the official organ of Coweta County on February 19, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ LYNN SMITH Lynn Smith Representative, District 70

4046

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 9th day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

COBB COUNTY TAX COMMISSIONER; CERTAIN EMPLOYEES; COMPENSATION.

No. 259 (House Bill No. 583).

AN ACT

To amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3725), so as to change the compensation of certain employees of such office; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2007, p. 3725), is amended by revising Section 3 as follows:

"SECTION 3. (a) The tax commissioner shall receive a minimum annual salary as provided by Code Section 48-5-183 of the O.C.G.A. plus a supplement in the amount of $9,952.26, to be paid in equal monthly installments from county funds. The tax commissioner shall be allowed one chief clerk whose annual salary shall be paid in equal monthly installments from the funds of the county treasury. The annual salary for the chief clerk shall be $106,497.61. Any candidate for the office of tax commissioner of Cobb County shall, on the date of qualifying for such office in either a primary or a general election, certify to the judge of

GEORGIA LAWS 2015 SESSION

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the Probate Court of Cobb County the name of the person the candidate shall appoint as chief clerk in the event he or she is elected to the office of tax commissioner of Cobb County; and the person so named shall serve as the chief clerk during the term for which he or she was so named. In the event of the death or removal from office of said chief clerk, the tax commissioner of Cobb County shall have 30 days from said date of death or removal from office of said chief clerk to certify to the judge of the Probate Court of Cobb County the name of the chief clerk to be appointed. (b) In addition to those employees provided for in subsection (a) of this section, there is created the position of executive secretary to the tax commissioner. The executive secretary shall be appointed by the tax commissioner, shall be under the tax commissioner's direct supervision and control, and shall serve at the pleasure of the tax commissioner. The tax commissioner shall establish such qualifications, education, and experience as he or she deems necessary for the individual appointed to the position of executive secretary. The salary of the executive secretary shall be $58,591.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. (c) In addition to those employees provided for in subsections (a) and (b) of this section, there is created the position of administrative specialist in the office of the tax commissioner. The administrative specialist shall be appointed by the tax commissioner, shall be under the tax commissioner's direct supervision and control, and shall serve at the pleasure of the tax commissioner. The tax commissioner shall establish such qualifications, education, and experience as he or she deems necessary for the individual appointed to the position of administrative specialist. The salary of the administrative specialist shall be $58,522.38 per annum, to be paid in equal monthly installments from the funds of Cobb County."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1`949, p. 790), as amended, particularly by and Act approved May 12, 2008 (Ga. L. 2008, p. 3725), and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Carson, who on oath deposes and says that he is the Representative from

4048

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

District 46 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on March 6, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JOHN CARSON John Carson Representative, District 46

Sworn to and subscribed before me, this 9th day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

COBB COUNTY BOARD OF COMMISSIONERS; COMPENSATION.

No. 260 (House Bill No. 584).

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 12, 2008 (Ga. L. 2008, p. 3691), so as to change the provisions relating to the compensation of the chairperson and the other commissioners of the board; 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 12, 2008 (Ga. L. 2008, p. 3691), is amended by revising subsection (a) of Section 8 as follows:
"(a) Commissioners, other than the chairperson, shall be eligible to be paid as their entire compensation for services as commissioners the sum of $43,860.06 per annum, payable

GEORGIA LAWS 2015 SESSION

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monthly, to be paid out of the county treasury upon warrants drawn upon the county treasury. The chairperson shall be eligible to be paid as his or her entire compensation the sum of $133,773.77 per annum, payable monthly, also to be paid out of the county treasury upon warrants drawn upon the county treasury. In recognition of the additional demands placed on the time of the chairperson and the additional duties and responsibilities of that position, the chairperson shall be compensated on a full-time employment basis; provided, however, that the chairperson shall be allowed to devote no more than 15 hours per week to a business or employment interest unrelated to the business of the board of commissioners. Except as provided otherwise in this section, the salary so fixed shall constitute the entire compensation from all sources to which such chairperson or any commissioner shall be entitled. The chairperson and the commissioners may be reimbursed for reasonable expenses incurred in carrying out their duties. Such expenses shall include the following:
(1) Mileage reimbursement for the use of a private automobile while conducting county business; (2) Secretarial services, if required, over and above the services normally provided by the county; and (3) Travel and lodging expenses and fees incurred in conjunction with training seminars, conventions, or official county business conducted outside of Cobb 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 2015 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 12, 2008 (Ga. L. 2008, p. 3691); and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Carson, who on oath deposes and says that he is the Representative from District 46 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on March 6, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

4050

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

s/ JOHN CARSON John Carson Representative, District 46

Sworn to and subscribed before me, this 9th day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 21, 2015.

__________

COBB COUNTY JUDGE OF PROBATE COURT; CLERK OF PROBATE COURT; COMPENSATION.

No. 261 (House Bill No. 589).

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. 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:

GEORGIA LAWS 2015 SESSION

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"SECTION 2A. The judge of the Probate Court of Cobb County shall receive an annual salary of $133,055.02, 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 $88,484.12 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 2015 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.
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 13, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ STACEY EVANS Stacey Evans Representative, District 42

4052

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 5th day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

BALDWIN COUNTY HOTEL/MOTEL TAX.

No. 262 (House Bill No. 594).

AN ACT

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of Baldwin County is authorized within the territorial limits of the special district located within Baldwin County to levy an excise tax at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.

SECTION 2. The enactment of this Act is subsequent to the adoption of a resolution of the governing authority of Baldwin County which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.

GEORGIA LAWS 2015 SESSION

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

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 2015 session of the General Assembly of Georgia a bill to authorize the governing authority of Baldwin County to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide for procedures, conditions, and limitations; to provide for related matters; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rusty Kidd, who on oath deposes and says that he is the Representative from District 145 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Union-Recorder which is the official organ of Baldwin County on March 6, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ RUSTY KIDD Rusty Kidd Representative, District 145

4054

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 11th day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

FULTON COUNTY COUNTY-WIDE LIBRARY SYSTEM; NAME; COMPOSITION AND SELECTION OF BOARD OF TRUSTEES; VACANCIES; SELECTION AND SUPERVISION OF EXECUTIVE DIRECTOR.

No. 263 (House Bill No. 595).

AN ACT

To amend an Act providing for the establishment of a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4347), so as to specify a name for the county-wide library system; to change membership, the number of members, and the selection of members of the library board of trustees; to provide for vacancies; to provide for the selection of the executive director of the library system and to whom the executive director shall report; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for the establishment of a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4347), is amended by revising Section 4 as follows:

"SECTION 4. (a) The county-wide library system shall be named the Fulton County Library System. Within the corporate limits of the City of Atlanta, the system may, but is not required to, continue to use the name Atlanta-Fulton County Library System, but the legal name of the

GEORGIA LAWS 2015 SESSION

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system shall remain the Fulton County Library System. Responsibility for constructing, operating, and maintaining all library facilities and services within the service area of the library system shall hereinafter be vested in the county-wide library system which shall be administered by the library board of trustees.
(b)(1) The term of office of each member of the library board of trustees serving as such trustee on June 30, 2015, shall expire on July 1, 2015. On and after July 1, 2015, the library board of trustees shall consist of eight members as provided in this section. (2) The mayor of the City of Atlanta shall appoint one member to serve on the board of trustees as an ex officio, nonvoting member. (3) There shall be seven Fulton County appointed members, with one such member appointed by each member of the Board of Commissioners of Fulton County. Each member of the board of trustees appointed by a member of the board of commissioners shall serve at the pleasure of the appointing member of the board of commissioners and for the same term as the commissioner making such appointment. Each member of the board of trustees appointed by a member of the board of commissioners shall reside within Fulton County during his or her service on the board of trustees or that office shall become vacant. (c) No person may be appointed or serve as a member of the library board of trustees who holds any elective office. (d) Any vacancy on the library board of trustees shall be filled in the same manner as the initial appointment. (e) Members of the library board of trustees shall be removed for cause or for failure to attend three consecutive meetings or for failure to attend four or more meetings in a calendar year. Upon being removed for cause or for failure to attend meetings, such member shall not be eligible for reappointment during the appointing authority's present term of office. (f) Members of the library board of trustees may receive a per diem allowance for each meeting of the board of trustees which they attend. Such allowance shall be in such amount as may be fixed from time to time by the Board of Commissioners of Fulton County. (g) There shall be an executive director of the library system who shall be hired by and serve at the pleasure of the library board of trustees with the confirmation of a majority of the Board of Commissioners of Fulton County and shall report directly to the library board of trustees for purposes of job performance, evaluation, and budgeting."

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.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, approved April 12, 1996 (Ga. L. 1996, p. 4174), as amended, so as to change the name of the system; to change the membership of the board; to provide for terms of office; to provide for the selection and duties of a director; to provide for vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jan Jones, who on oath deposes and says that she is the Representative from District 47 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on March 3, 2015, 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 3rd day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

GEORGIA LAWS 2015 SESSION

4057

DEKALB COUNTY HOMESTEAD EXEMPTION; COUNTY TAXES; BASE YEAR; MODIFY TIME LIMITATION; REFERENDUM.

No. 264 (House Bill No. 596).

AN ACT

To amend an Act providing for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead, approved May 5, 2006 (Ga. L. 2006, p. 4636), as amended, so as to modify the time limitation on such exemption; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead, approved May 5, 2006 (Ga. L. 2006, p. 4636), as amended, is amended by revising subsection (f) of Section 1 as follows:
"(f)(1) Except as provided in paragraph (2) of this subsection, the exemption granted by subsection (b) of this section shall apply only to taxable years 2007 through 2021. Except as provided in paragraph (2) of this subsection, unless renewed or extended by subsequent Act of the General Assembly, the exemption granted by subsection (b) of this section shall not apply to taxable year 2022 or any subsequent taxable year. (2) If the General Assembly enacts an equalized homestead option sales and use tax and such tax is placed into effect in DeKalb County during the period the exemption granted by subsection (b) of this section is in effect, the exemption granted by subsection (b) of this section shall be tolled for as long as the equalized homestead option sales and use tax is in effect. Upon the cessation of the collection of the equalized homestead option sales and use tax, the exemption granted by subsection (b) of this section shall resume for the number of years that remained in the period set forth in paragraph (1) of this subsection at the time of the imposition of the equalized homestead option sales and use tax."

SECTION 2. Provided that the General Assembly enacts an equalized homestead option sales and use tax in its 2015-2016 biennial session, the election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of DeKalb County for approval or rejection. If the General Assembly does not

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enact an equalized homestead option sales and use tax in its 2015-2016 biennial session, no such election shall be held. If such election is held, the election superintendent shall conduct such election on the Tuesday next following the first Monday in November, 2016. The election superintendent shall issue the call and conduct such election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which amends the homestead exemption from ( ) NO DeKalb County ad valorem taxes for county purposes in an amount equal to
the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead by extending the time limitation on such exemption?"
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, 2017, and shall apply to all taxable years beginning on or after that date. If the Act is not so approved or if the General Assembly does not enact an equalized homestead option sales and use tax in its 2015-2016 biennial session, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following such election date. The expense of such election shall be borne by DeKalb County. It shall be the duty of the election superintendent of DeKalb County to certify the results thereof to the Secretary of State.

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act providing for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead, approved May 5, 2006 (Ga. L. 2006, p. 4636), as amended, so as to modify the time limitation on such exemption; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.

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GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Jacobs, who on oath deposes and says that he is the Representative from District 80 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on December 25, 2015, 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 23rd day of February 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

COBB COUNTY STATE COURT; SOLICITOR-GENERAL; COMPENSATION.

No. 265 (House Bill No. 600).

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. 3723), so as to revise the compensation of the solicitor-general of Cobb County; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. An Act 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. 3723), is amended by revising paragraph (1) of subsection (b) of Section 27 to read as follows:
"(1) On the effective date of this Act, the solicitor-general of Cobb County shall receive the same compensation that the chief judge of the State Court of Cobb County receives to be paid in biweekly installments from the funds of Cobb 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 2015 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.
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 March 6, 2015, 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 9th day of March 2015.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)
Approved May 12, 2015.

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CARROLL COUNTY CARROLL COUNTY SCHOOL DISTRICT; INDEPENDENT SCHOOL DISTRICTS; DISTRIBUTION OF SALES TAX FOR EDUCATION PURPOSES.

No. 266 (House Bill No. 601).

AN ACT

To provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; to provide for the method of distribution of the net proceeds of such tax among the Carroll County School District and the independent school districts located wholly or partially within Carroll County, including particularly the Carrollton Independent School System and the Bremen Public School System; to provide for authority under Article VIII, Section VI, Paragraph IV of the Constitution; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The net proceeds of the sales tax for education purposes imposed in Carroll County pursuant to the election to be held on November 3, 2015, under the authority of Article VIII, Section VI, Paragraph IV of the Constitution of Georgia shall be distributed as provided in this Act among the Carroll County School System and the independent school districts, or portion thereof, located in Carroll County. The Georgia Department of Revenue shall distribute the net proceeds of such tax to such school districts on the following basis: Bremen Public School System, 3.95 percent of the total net proceeds; Carrollton Independent School System, 20.75 percent of the total net proceeds; and Carroll County School System, 75.30 percent of the total net proceeds. Each installment of the net proceeds for any period of collection shall be distributed by the Department of Revenue to the three school systems, with each system receiving its pro rata share according to the foregoing formula.

SECTION 2. This Act is enacted pursuant to the specific authority provided for in Article VIII, Section VI, Paragraph IV(g) of the Constitution of Georgia.

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

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; to provide for the method of distribution of the net proceeds of such tax among the Carroll County School District and the independent school districts located wholly or partially within Carroll County, including particularly the Carrollton Independent School System and the Bremen Public School System; to provide for authority under Article VIII, Section VI, Paragraph IV of the Constitution; to provide for related matters; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dustin Hightower, who on oath deposes and says that he is the Representative from District 68 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times-Georgian which is the official organ of Carroll County on February 24, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DUSTIN HIGHTOWER Dustin Hightower Representative, District 68

Sworn to and subscribed before me, this 11th day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

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COBB COUNTY STATE COURT; CLERK; CHIEF DEPUTY CLERK; CHIEF ASSISTANT SOLICITOR; DEPUTY ASSISTANT SOLICITORS; ASSISTANT SOLICITORS; INTAKE ASSISTANT SOLICITOR; COMPENSATION.

No. 267 (House Bill No. 617).

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 April 10, 2014 (Ga. L. 2014, p. 4267), an Act approved May 12, 2008 (Ga. L. 2008, p. 3723), and an Act approved May 30, 2003 (Ga. L. 2003, p. 3695), so as to raise the compensation of the chief deputy clerk and the clerk of the State Court of Cobb County; to raise the minimum and maximum allowable compensation for the chief assistant, each deputy chief assistant, each assistant, and each intake assistant solicitor 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 April 10, 2014 (Ga. L. 2014, p. 4267), an Act approved May 12, 2008 (Ga. L. 2008, p. 3723), and an Act approved May 30, 2003 (Ga. L. 2003, p. 3695), is amended revising paragraph (4) of subsection (b) of Section 17 to read as follows:
"(4) The salary of the chief deputy clerk shall be $101,253.00 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 $109,226.12 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 $112,503.00 payable in equal monthly installments from the funds of Cobb County."

SECTION 3. Said Act is further amended by revising subsection (d) of Section 27 to read as follows:
"(d) The solicitor-general shall have the authority to appoint two assistant solicitors for each judge of Division I and Division II of the State Court of Cobb County and the same

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number of additional assistant solicitors as the number of full-time magistrates of the Magistrate Court of Cobb County, plus four additional assistant solicitors, one of whom shall be the chief assistant solicitor, two of whom may be deputy assistant solicitors, and one of whom may serve as an intake attorney at the Cobb County Adult Detention Center. Appointments of new assistant solicitor positions shall be effective upon the appropriation of funds by the governing authority as requested by the solicitor-general. The compensation of such assistant solicitors shall be determined by the solicitor-general. The compensation of the chief assistant solicitor shall not be less than $76,632.00 and shall not exceed $124,527.00, payable in biweekly installments from the funds of Cobb County. The compensation of any deputy assistant solicitor shall not be less than $63,036.00 and shall not exceed $101,043.00, payable in biweekly installments from the funds of Cobb County. The compensation of the assistant solicitors shall not be less than $49,337.00 and shall not exceed $86,932.00, payable in biweekly installments from the funds of Cobb County. The compensation of the intake assistant solicitor shall not be less than $49,337.00 and shall not exceed $78,795.00 and shall be paid in the same manner as all other assistant solicitors. The solicitor-general shall prescribe the duties and assignments of said assistant solicitors and, while so employed, they shall not engage in the private practice of law."

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 2015 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.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Carson, who on oath deposes and says that he is the Representative from District 46 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on March 6, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

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s/ JOHN CARSON John Carson Representative, District 46

Sworn to and subscribed before me, this 9th day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

SEMINOLE COUNTY BOARD OF EDUCATION; COMPENSATION OF CHAIRPERSON AND MEMBERS.

No. 268 (House Bill No. 618).

AN ACT

To provide for the compensation of the chairperson and members of the Seminole County Board of Education; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. All members of the board, including the chairperson, shall be compensated in the amount of $300.00 per month plus the necessary expenses incurred in carrying out their official duties.

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 2015 session of the General Assembly of Georgia a bill to provide for the compensation of the chair person and members of the Board of Education; and for other purposes.

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GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Winfred Dukes, who on oath deposes and says that he is the Representative from District 154 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Donalsonville News which is the official organ of Seminole County on March 12, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ WINFRED DUKES Winfred Dukes Representative, District 154

Sworn to and subscribed before me, this 18th day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

COCHRAN/BLECKLEY AIRPORT AUTHORITY CREATION.

No. 269 (House Bill No. 619).

AN ACT

To create the Cochran/Bleckley Airport Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for condition for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and sinking fund; to provide for payment of bond proceeds; to provide for bondholder remedies and protection;

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to provide for refunding bonds; to provide for bond validation; to provide for venue and jurisdiction; to provide for trust funds; to provide for authority purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Short title.

This Act shall be known and may be cited as the "Cochran/Bleckley Airport Authority Act."

SECTION 2. Legislative findings.

The General Assembly determines and finds that there is a present and projected growth in commercial and private air traffic in the Cochran and Bleckley County area. There is the need for adequate airports to safely and efficiently serve the air transportation needs of this state, the City of Cochran, and Bleckley County, the need to eliminate airport hazards, and the need to raise capital for the establishment, operation, and maintenance of present and future airports. The General Assembly further determines and finds that the establishment of an authority is necessary and essential to ensure the welfare, safety, and convenience of citizens of the region and the entire state and to ensure the proper economic development of the region and the entire state.

SECTION 3. Cochran/Bleckley Airport Authority.

(a) There is created a body corporate and politic, to be known as the "Cochran/Bleckley Airport Authority," which shall be deemed to be a political subdivision of the State of Georgia and a public corporation, and by that name, style, and title such body may contract and be contracted with, sue and be sued, implead and be impleaded, and bring and defend actions in all courts. The authority shall have perpetual existence.
(b)(1) The authority shall consist of seven members who shall serve without pay. The mayor of the City of Cochran, with the approval of the city council of the City of Cochran, shall appoint three persons to serve on the authority, and the governing authority of Bleckley County shall appoint three persons to serve on the authority. These six persons shall recommend a seventh member of the authority to the mayor of the City of Cochran and the governing authority of Bleckley County for appointment.

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(2) The terms of office of such members shall be for five years and until their respective successors are appointed and qualified, except that the appointing authorities in making the initial appointments or in filling vacancies may vary the initial terms of members or the terms of persons appointed to fill vacancies in such manner so that the members of such authority shall be appointed for such terms that the term of one member appointed by the City of Cochran shall expire annually thereafter and one member appointed by the county will expire annually thereafter, and the seventh member shall be for a one year term. (3) Members of the authority shall serve the terms specified and until their respective successors are appointed and qualified. Any member of the authority may be selected and appointed to succeed himself or herself. After such appointment, the members of such authority shall enter upon their duties. Any vacancy on the authority shall be filled in the same manner as was the original appointment of the member whose term of membership resulted in such vacancy, and the person so selected and appointed shall serve for the remainder of the unexpired term. The members of the authority shall be reimbursed for all actual expenses incurred in the performance of their duties out of funds of the authority. The authority shall make rules and regulations for its own government. It shall have perpetual existence. (c) To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age and have been a resident of Bleckley County for at least one year prior to the date of such person's appointment and shall not have been convicted of a felony. (d) The members of the authority shall in April of each year elect one of their number as chairperson. Also, the members of the authority shall elect one of their number as vice chairperson, shall also elect one of their number as secretary, and may also elect one of their number as treasurer. The secretary may also serve as treasurer. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. The chairperson of the authority shall be entitled to vote upon any issue, motion, or resolution. (e) A majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. (f) A vacancy on the authority shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who moves such person's residence from the county; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of such person's duties as a member of the authority; or who fails to attend any regular or special meeting of the authority for a period of three meetings without an excuse approved by a resolution of the authority. (g) All meetings of the authority, regular or special, shall be open to the public. The authority may hold public hearings on its own initiative or at the request of residents of Bleckley County or residents of any area affected by the actions of the authority. (h) No member or employee of the authority shall have, directly or indirectly, any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale,

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lease, or purchase of any property to or from the authority except by approval of the mayor and council of the City of Cochran and the governing authority of Bleckley County.

SECTION 4. Definitions.

(a) As used in this Act, the term: (1) "Airport" means any area of land or structure which is or has been used or which the authority may plan to use for the landing and taking off of commercial, private, and military aircraft, including helicopters; all buildings, equipment, facilities, or other property and improvements of any kind or nature located within the bounds of any such land area or structure which are or have been used or which the authority may plan to use for terminal facilities; all facilities of any type for the accommodation of passengers, maintenance, servicing, housing, parking, and operation of aircraft, business offices and facilities of private businesses and governmental agencies, and the parking of vehicles; and all other activities which are or have been carried on or which may be necessary or convenient in conjunction with the landing and taking off of commercial, private, and military aircraft including all lands currently owned by the City of Cochran or Bleckley County currently in use for airport purposes or which may be later obtained for airport purposes. (2) "Authority" means the Cochran/Bleckley Airport Authority created by this Act. (3) "Cost of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, fiscal agents, and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing authorized in this Act; the cost of the acquisition or construction of any project; the cost of placing any project in operation; and the cost of condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (4) "Governing authority of Bleckley County" means the sole commissioner or the board of commissioners as presently existing or may hereafter exist. (5) "Project" shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of an airport and the usual facilities related thereto. (6) "Revenue bonds" and "bonds" mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and such type of obligations may be issued by the authority as authorized under said Revenue Bond

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Law and any amendments thereto and, in addition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this Act. (b) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all facilities used in connection therewith will be sufficient to pay the costs of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.

SECTION 5. Powers.

The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes and to plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, and lease all airports which shall come under the control of the authority under the provisions of this Act or which it may acquire or plan to acquire; to regulate, protect, and police such airports and all related activities and facilities; to enter into any contracts, leases, or other agreements, promulgate any orders, set any tolls, fees, or other charges for the use of property or services of the authority and collect and use same as necessary to operate the airports under control of the authority; and to accomplish any purposes of this Act and make any purchases or sales necessary for such purposes; except that the authority may not acquire any airport of any county, municipality, or combination thereof unless such county and municipality agree to pay to the authority, so long as it operates such airport, at least the amount of airport operating expenses funded by taxes, fees, and assessments of such county and municipality immediately prior to such acquisition; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of, or dispose of the same in any manner it deems to be to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and, in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other

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encumbrance exists unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and to fix their respective compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed, erected, or acquired. Any and all persons, firms, and corporations and any and all political subdivisions, departments, 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 foregoing, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings with each other relating to projects of the authority for a term not exceeding 50 years. Likewise, without limiting the generality of the foregoing, the same authority above granted to municipal corporations, counties, political subdivisions, and to the authority relative to entering into contracts, lease agreements, or other undertakings is authorized between the authority and private corporations, both inside and outside this state, and between the authority and public bodies, including counties and cities outside this state; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof or from the City of Cochran or from Bleckley County; (7) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may require; (8) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require; (9) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions, including the power to obtain long or short-term loans, to give deeds to secure debt on real property, security agreements on personal property, or any other security agreements, and approve, execute, and deliver appropriate evidence of such indebtedness,

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provided no such power is in conflict with the Constitution or general laws of this state; and (11) To do all things necessary or convenient to carry out the powers expressly given in this Act.

SECTION 6. Revenue bonds.

The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act is authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided in this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of bonds.

SECTION 7. Revenue bonds; form; denomination; registration; place of payment.

The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereon, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.

SECTION 8. Revenue bonds; signatures; seal.

In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairperson of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority and any coupons attached thereto shall bear the facsimile signatures of the chairperson and the secretary of the authority. Any coupon may

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bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such person may not have been so authorized or shall not have held such office.

SECTION 9. Revenue bonds; negotiability; exemption from taxation.

All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds, their transfer, and the income therefrom shall be exempt from all taxation within this state.

SECTION 10. Revenue bonds; sale; price; proceeds.

The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority. The proceeds derived from the sale of such bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such bonds.

SECTION 11. Revenue bonds; interim receipts and certificates or temporary bonds.

Prior to the preparation of any definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.

SECTION 12. Revenue bonds; replacement of lost or mutilated bonds.

The authority may provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost.

SECTION 13. Revenue bonds; conditions precedent to issuance.

Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for

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the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special meeting of the authority by a majority of its members.

SECTION 14. Credit not pledged.

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

SECTION 15. Trust indenture as security.

In the discretion of the authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the

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authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.

SECTION 16. To whom proceeds of bonds shall be paid.

In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes of this Act, subject to such regulations as this Act and such resolution or trust indenture may provide.

SECTION 17. Sinking fund.

The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide. Such funds so pledged from whatever source received, including funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of paying agents for paying principal and interest and other investment charges; (4) Any premium upon bonds retired by call or purchase as provided in this Act; and (5) Any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.

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SECTION 18. Remedies of bondholders.

Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this Act may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of this state or granted under this Act or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.

SECTION 19. Refunding bonds.

The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.

SECTION 20. Validation.

Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law." The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated, and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis for the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, and the security for the payment thereof and interest thereon and against the authority issuing the same and the state and any municipality, county, authority, political

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subdivision, or instrumentality, if a party to the validation proceedings, contracting with the Cochran/Bleckley Airport Authority.

SECTION 21. Venue and jurisdiction.

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

SECTION 22. Interest of bondholders protected.

While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. No other entity, department, agency, or authority shall be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds, and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.

SECTION 23. Moneys received considered trust funds.

All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

SECTION 24. Purpose of the authority.

Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, and operating an airport and the usual facilities related thereto, and improving of such facilities, acquiring parking facilities and parking areas in connection therewith, acquiring the necessary property therefor, both real and personal, and leasing or selling any or all of such facilities, including real property, and doing any and all things deemed by the authority to

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be necessary, convenient, or desirable for and incident to the efficient and proper development and operation of such types of undertaking.

SECTION 25. Rates, charges, and revenues; use.

The authority is authorized to prescribe and fix rates and to revise the same from time to time and to collect fees, tolls, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of any project and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made.

SECTION 26. Rules and regulations for operation of projects.

It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed or acquired under the provisions of this Act.

SECTION 27. Tort immunity.

The authority shall have the same immunity and exemption from liability for torts and negligence as the City of Cochran and Bleckley 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 City of Cochran and Bleckley County when in the performance of their public duties or work of the city or county.

SECTION 28. Tax exemption.

It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act, and this state covenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or

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maintenance of the projects erected by it or any rates, fees, tolls, or other charges for the use of such projects or other income received by the authority, and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state. The exemption from taxation provided for in this section shall not extend to tenants or lessees of the authority and shall not include exemptions from sales and use taxes on property purchased by the authority or for use by the authority.

SECTION 29. Powers declared supplemental and additional.

The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized by this Act, shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing.

SECTION 30. Effect on other governments.

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

SECTION 31. Liberal construction of Act.

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

SECTION 32. Effective date.

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

SECTION 33. Repealer.

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

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to create the Cochran/Bleckley Airport Authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 Cochran Journal which is the official organ of Bleckley County on March 10, 2015, 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 10th day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

MACON WATER AUTHORITY OPERATE STORM WATER UTILITY.

No. 270 (House Bill No. 623).

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 revise the powers of the authority; to provide for the ability to operate a storm water utility; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, is amended by revising Section 5 by deleting "and" at the end of paragraph (19.1) and by adding a new paragraph to read as follows:
"(19.2) As authorized by and pursuant to an intergovernmental agreement with the governing authority responsible for storm water control in the areas served by the authority, to provide storm water management services and operate, maintain, develop, repair, and construct a storm water management system and utility in areas served by the authority; to issue bonds therefor, set rates, establish fees, and enter into agreements regarding the same; and to perform any and all actions related to the operation and maintenance of such storm water management system and utility including the right to exercise all powers as are now or may hereafter be vested in the authority in connection with its operation and provision of water and sewerage services in the areas which it services; 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 given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill 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 revise the powers of the authority; to provide for the ability to operate a storm water utility; to provide for related matters; and for other purposes.
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 Macon Telegraph which is the official organ of Bibb County on March 14, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JAMES EPPS James Epps Representative, District 144

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Sworn to and subscribed before me, this 17th day of March 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

CITY OF LAKELAND NEW CHARTER.

No. 271 (House Bill No. 626).

AN ACT

To provide a new charter for the City of Lakeland; 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 chief executive officer, 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:

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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 Lakeland, Georgia," and by that name shall have perpetual existence.

SECTION 1.11. Corporate boundaries.

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

(a) Animal Regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of the same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane

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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 or for municipalities by the laws of the State of Georgia; and to provide for the payment of expenses of the city. (c) Building Regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades. (d) Business Regulation and Taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the 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 as the same shall exist from time to time provided by the O.C.G.A. (f) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations. (g) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists 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 through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment. (i) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law relating to 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 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 benefitting from such services or to whom such services are available; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges.

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(k) General Health, Safety, and Welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards. (l) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose. (m) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (n) Jail Sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials. (o) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city. (p) Municipal Agencies and Delegation of Power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same. (q) Municipal Debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter and the laws of the State of Georgia. (r) 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. (s) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof. (t) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television, and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same. (u) Nuisance. To define a nuisance and provide for its abatement whether on public or private property. (v) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia.

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(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 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, detention, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under procedures provided by the O.C.G.A. as the same shall exist from time to time. (aa) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances. (bb) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial. (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, 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. (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 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, 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; 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 sanitary sewage disposal

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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. (hh) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items. (ii) Special Areas of Public Regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and 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. (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; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

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SECTION 1.14. Exercise of powers.

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

ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. City Council Creation; Number; Election.

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

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 twelve 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 Lakeland and must receive a majority of the votes cast for such office in the entire city. The mayor shall continue to reside within the City of Lakeland 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 post, a person must reside in the city at the time such person is elected and must receive a plurality of the votes cast for that office from throughout the city. At the time of qualifying for election as a member of the council for a council post, each candidate for such office shall specify the council post for which that person is a candidate. A person elected as a member of the council from a council post shall continue to reside in the city during that person's term of office or that office shall thereupon become vacant.

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SECTION 2.12. Vacancy; filling of vacancies.

(a) The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; provided, however, that the office of mayor or councilmember shall become vacant upon the unexcused absence of the holder of the office from four consecutive regularly scheduled meetings of the city council. Excused absences shall be granted by a majority vote of the remaining city councilmembers and the mayor as provided in Section 2.21 of this charter and shall be entered upon the minutes of the council meeting. (b) 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 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 O.C.G.A. 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.

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

Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of 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, 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 at its 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 Lakeland, 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 Lakeland for the time required by the Constitution and laws of the State of Georgia and the charter of the City of Lakeland, so help me God."

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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 may be called by the mayor when in his or her judgment it becomes necessary, and he or she shall do so when requested in writing to do so by two or more councilmembers. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be 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 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.

The mayor or mayor pro tempore and four councilmembers shall constitute a quorum for the transaction of business. 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 four councilmembers or three 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 or when the affirmative

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or negative vote constitutes a majority of four votes. An abstention shall not be counted as either an affirmative or negative vote.

SECTION 2.22. Ordinance form; procedures.

(a) 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 Lakeland," 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 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 2.16 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. (c) The mayor, or mayor pro tempore when performing the duties of the mayor, shall have the veto power and may veto any resolution or ordinance passed by the council, in which event the same shall not become law or have the effect of law unless subsequently and at the next regular meeting thereafter it shall be passed over his veto by a two-third's vote of the entire council duly recorded on the minutes; but unless the mayor shall file in writing with the city clerk of the city his or her veto of any measure passed by the council, with his or her reasons for withholding his or her assent within three days after its passage, the same shall become law just as if signed and approved by the mayor, but the mayor may approve the same in writing and it shall go into effect immediately.

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

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

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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 Lakeland, 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. 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 subsection (b) of Section 2.19 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 four 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 city council deems it expedient; and (7) Perform such other duties as may be required by law, this charter, or by ordinance.

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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 that the mayor pro tempore shall vote only in case of a tie or when an affirmative or negative vote constitutes a majority of four votes when presiding in the absence of the mayor.

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

(a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions and duties of and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of city departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) 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 city council unless otherwise provided by law or ordinance. (e) Notwithstanding any other provision of this section, the mayor and city council shall elect a city clerk, municipal court judge, and city attorney as provided in this charter. All officers shall be elected at the first meeting in January for a term of one year and until their successors shall be elected and qualified. (f) Upon the establishment of a police department and public works department, the chief of police and the director of public works shall be elected by the mayor and city council at the first meeting in January for a term of one year or until their successor is elected and qualified.

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SECTION 3.11. Boards, commissions, and authorities.

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

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

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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 city council member. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; and perform such other duties as may be required by the city council.

SECTION 3.14. 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 Lakeland.

SECTION 4.11. Chief judge; associate judge.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) The judge of the municipal court shall fix such penalties and punishments for offenses within the jurisdiction of the municipal court as shall have been determined for each offense by the mayor and council. (e) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance.

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(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 4.12. 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 not to exceed the penalty and punishment for offenders within the jurisdiction of the court as determined for each offense by the mayor and city council. (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 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 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.

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(g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer 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 Lanier 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 the municipal court shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in total the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk 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 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 Lakeland 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.

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

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

SECTION 5.11. Regular elections; time for holding.

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 six councilmembers. 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.

SECTION 5.13. Election by majority/plurality.

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 plurality of the votes cast in the city election for each of the city council posts shall be elected to the position of councilmember from their respective post.

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 O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

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SECTION 5.15. Other provisions.

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

SECTION 5.16. Removal of officers.

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

ARTICLE VI FINANCE
SECTION 6.10. Property tax.

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

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

The city council, by ordinance, shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes shall 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.

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

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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 of this charter.

SECTION 6.16. Special assessments.

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

SECTION 6.17. Construction; other taxes and fees.

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

SECTION 6.18. Collection of delinquent taxes and fees.

(a) The city council shall have the power and authority to provide by ordinance for the collection from delinquent tax payers, 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

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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 said city and his 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.

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-terms 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

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that the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.

SECTION 6.23. Fiscal year.

The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting 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.

SECTION 6.25. Submission of operating budget to city council.

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

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(b) The city council, by ordinance, shall adopt the final operating budget for the ensuing fiscal year not later than the 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, by ordinance, shall levy such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.

SECTION 6.28. Changes in appropriations.

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

SECTION 6.29. 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.

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

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ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.

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

SECTION 7.11. Prior ordinances.

All ordinances, resolutions, rules, and regulations now in force in the city 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 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.

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

SECTION 7.15. Severability.

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

SECTION 7.16. Effective date.

This charter shall become effective on July 1, 2015.

SECTION 7.18. Specific repealer.

An Act incorporating the City of Lakeland, approved August 11, 1925 (Ga. L. 1925, p. 1217), and all amendatory Acts thereto, are hereby repealed.

SECTION 7.19. 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 2015 session of the General Assembly of Georgia a bill to provide a new charter for the City of Lakeland; to provide for related matters; and for other purposes.
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

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Local Legislation was published in the Lanier County Advocate which is the official organ of Lanier County on March 11, 2015, 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 18th day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

LAKE ALLATOONA PRESERVATION AUTHORITY ABOLISH.

No. 272 (House Bill No. 627).

AN ACT

To repeal an Act creating the Lake Allatoona Preservation Authority, approved April 22, 1999 (Ga. L. 1999, p. 4827); to provide for the assets thereof; to provide for severability and applicability; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Lake Allatoona Preservation Authority, approved April 22, 1999 (Ga. L. 1999, p. 4827), is hereby repealed in its entirety.

SECTION 2. To the extent any real property assets of the Lake Allatoona Preservation Authority exist, they shall devolve automatically and without further action to the governing authority of the county in which they are situated. Any other assets of the authority shall be liquidated and

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the proceeds dispersed to any creditors of the authority with the remainder, if any, divided equally among the governing authorities of Bartow, Cherokee, and Cobb counties. The allocation of assets pursuant to this section shall be completed no later than December 31, 2015.

SECTION 3. 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 4. Sections 2 and 3 of this Act shall become effective on January 1, 2016. The remaining sections of this Act shall become effective on June 30, 2016.

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 2015 session of the General Assembly of Georgia a bill to repeal an Act creating the Lake Allatoona Preservation Authority, approved April 22, 1999 (Ga. L. 1999, p. 4827); and for other purposes.
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 13, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ SCOT TURNER Scot Turner Representative, District 21

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Sworn to and subscribed before me, this 18th day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to repeal an Act creating the Lake Allatoona Preservation Authority, approved April 22, 1999 (Ga. L. 1999, p. 4872); and for other purposes.

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 Marietta Daily Journal which is the official organ of Cobb County on February 13, 2015, 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 18th day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

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NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to repeal an Act creating the Lake Allatoona Preservation Authority, approved April 22, 1999 (Ga. L. 1999, p. 4827) and for other purposes.

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 Daily Tribune News which is the official organ of Bartow County on March 12, 2015, 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 18th day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

CHEROKEE COUNTY BOARD OF ETHICS; DEFINITION; LIMITATION OF LIABILITY.

No. 273 (House Bill No. 631).

AN ACT

To amend an Act creating the Board of Ethics of Cherokee County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 411), so as to define a term; to provide for limitation of liability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Board of Ethics of Cherokee County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 411), is amended by revising paragraph (14) of Section 2 to read as follows:
"(14) 'Public official' means the members of the board of commissioners and their appointees to all boards, commissions, and authorities, including but not limited to the following boards, commissions, and authorities: the county manager of Cherokee County; the chairman and every member of the Cherokee County Airport Authority; the chairman and every member of the Cherokee County Development Authority; the chairman and every member of the Cherokee County Animal Control Advisory Board; the chairman and every member of the Cherokee County Board of Health; the chairman and every member of the Cherokee County Board of Tax Assessors; the chairman and every member of the Cherokee County Cemetery Preservation Committee; the chairman and every member of the Cherokee County Board of Family and Children Services; the chairman and every member of the Cherokee County Recreation and Parks Advisory Board; the chairman and every member of the Cherokee County Construction Board of Appeals; the chairman and every member of the Cherokee County Fire Code Appeals Board; the chairman and every member of the Cherokee County Impact Fee Appeals Board; the chairman and every member of the Cherokee County Planning Commission; the chairman and every member of the Cherokee County Region 1 EMS Advisory Board; the chairman and every member of the Cherokee County Wrecker Service Advisory & Appeals Board; the chairman and every member of the Cherokee County Resource and Recovery Development Authority; and the chairman and every member of the Cherokee County Zoning Board of Appeals."

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

"Section 10. Limitation of liability. No member of the board of ethics, or any person acting on behalf of the board of ethics, shall be liable to any person for any damages arising out of the enforcement or operation of this Act, except in the case of willful or wanton misconduct. This limitation of liability shall apply to the members of the Cherokee County Board of Ethics, the employees of said Board of Ethics, and any person acting under the direction of the Board of Ethics."

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

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Ethics of Cherokee County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 411), so as to define a term; to provide for limitation of liability; to repeal conflicting laws; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wes Cantrell, who on oath deposes and says that he is the Representative from District 22 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County on March 13, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ WES CANTRELL Wes Cantrell Representative, District 22

Sworn to and subscribed before me, this 19th day of March 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

SOUTH COBB DEVELOPMENT AUTHORITY DEFINITIONS; POWERS AND DUTIES; BOUNDARIES.

No. 274 (House Bill No. 632).

AN ACT

To amend an Act known as the "South Cobb Development Authority Act," approved April 12, 1982 (Ga. L. 1982, p. 3772), as amended, so as to change the definition of certain

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terms; to change certain powers and duties; to provide for boundaries; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act known as the "South Cobb Development Authority Act," approved April 12, 1982 (Ga. L. 1982, p. 3772), as amended, is amended by revising paragraph (2) of Section 1 as follows:
"(2) 'Cost of the project' or 'cost of any project' shall mean and shall include: All costs of acquisition (by purchase or otherwise), demolition, funds for the creation of a revolving loan fund, construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; 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, furniture, and other property used in or in connection with or necessary for any project; all financing charges and loan fees and all interest on revenue bonds, notes, or other obligations of an authority which accrues or is paid prior to and during the period of construction of a project and during such additional period as the authority may reasonably determine to be necessary to place such project in operation; all costs of engineering, surveying, architectural, and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; all expenses for inspection of any project; 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; all other costs and expenses incurred relative to the issuance of any revenue bonds, notes, or other obligations for any project; all fees of any type charged by an authority in connection with any project; all expenses of or incident to determining the feasibility or practicability of any project; all costs of plans and specifications for any project; all costs of title insurance and examinations of title with respect to any project; 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; administrative expenses of the authority and such other expenses as may be necessary or incident to any project or the financing thereof or the placing of any project in operation; and 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 authority may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust

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agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any revenue bonds, notes, or other obligations of the authority 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 revenue bonds, notes, or other obligations issued by the authority."

SECTION 2. Said Act is further amended by revising paragraph (5) of Section 1 as follows:
"(5) 'Project' shall mean the acquisition, demolition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements located or to be located within the development area 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, all for the essential public purpose of the development of trade, commerce, industry, and employment opportunities in the development area. A project may be for any industrial, commercial, residential, business, office, parking, public, or other use, including the administration and operation of a revolving loan fund, provided that a majority of the members of the authority determine, by a resolution duly adopted, that the project and such use thereof would further the public purpose of this Act."

SECTION 3. Said Act is further amended by revising paragraph (5) of subsection (b) of Section 2 as follows:
"(5) To finance (by loan, grant, lease, or otherwise), construct, demolish, 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 revenue bonds, notes, or other obligations of the authority or any other funds of the authority, or from any contributions or loans by persons, corporations, partnerships (limited or general), or other entities, all of which the authority is authorized to receive and accept and use;"

SECTION 4. Said Act is further amended by revising paragraph (17) of subsection (b) of Section 2 as follows:
"(17) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, developers, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses;"

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SECTION 5. Said Act is further amended by adding a new subsection at the end of Section 4 as follows:
"(c) Notwithstanding the development area described in subsection (a) of this section, the development area shall not include any tract or parcel of land located within the boundaries of the City of Austell."

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 2015 session of the General Assembly of Georgia a bill to amend an Act known as the "South Cobb Development Authority Act", approved April 12, 1982 (Ga. L. 1982, p. 3772), as amended, so as to change the definition of certain terms; to change certain powers and duties; to provide for boundaries; to repeal conflicting laws; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Wilkerson, who on oath deposes and says that he is the Representative from District 38 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on March 13, 2015, 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 18th day of March, 2015.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)
Approved May 12, 2015.

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CITY OF LAWRENCEVILLE CORPORATE BOUNDARIES.

No. 275 (House Bill No. 634).

AN ACT

To amend an Act incorporating the City of Lawrenceville, approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4128), so as to amend corporate boundaries of such city; 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 Lawrenceville, approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4128), is amended in Section 1.11 by adding a new subsection to read as follows:
"(c) The corporate boundaries of the city shall also include the following territory: ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 31 of the 7th District, Gwinnett County, Georgia as shown on that certain ALTA/ACSM Land Title Survey for Student Housing Land, LLC and Chicago Title Insurance Company prepared by Riley, Park, Hayden & Associates, Inc. containing the seal of Ralph L. Hayden, GRLS No. 1749, dated March 5, 2009, and being more particularly described according to said survey as follows: Commencing at a point on the curved intersection of the northerly right-of-way line of Walther Boulevard (80' right-of-way) and the easterly right-of-way line of Tree Creek Boulevard (80' right-of-way), said point being the POINT OF COMMENCEMENT; THENCE along the said easterly right-of-way line of Tree Creek Boulevard (80' right-of-way) North 04 degrees 36 minutes 15 seconds West a distance of 480.99 feet to a point; THENCE continuing along the said easterly right-of-way line proceed South 85 degrees 23 minutes 45 seconds West a distance of 10.00 feet to a point; THENCE continuing along the said easterly right-of-way line North 04 degrees 36 minutes 15 seconds West a distance of 193.73 feet to the POINT OF BEGINNING; THENCE continuing along the said easterly right-of-way line of Tree Creek Boulevard North 04 degrees 36 minutes 15 seconds West a distance of 417.34 feet to a point; THENCE continuing along the said easterly right-of-way line northerly and northeasterly a distance of 711.77 feet along the arc of a curve to the right, having a radius of 634.07 feet and being subtended by a chord which bears North 27 degrees 33 minutes 15 seconds East, for a distance of 674.98 feet, to a point;

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THENCE continuing along the said easterly and southerly right-of-way line North 59 degrees 42 minutes 44 seconds East, a distance 125.75 feet to a point on the easterly line of Land Lot 31 (said line being common to Land Lots 30 & 31); THENCE leaving the said southerly right-of-way line of Tree Creek Boulevard proceed along the easterly line of Land Lot 31 - South 29 degrees 58 minutes 13 seconds East, a distance of 1031.58 feet to a point; THENCE leaving the said easterly line of Land Lot 31 proceed South 82 degrees 53 minutes 06 seconds West, a distance of 115.66 feet to a point in the centerline of a creek; THENCE proceed along the said centerline of a creek the following bearings and distances:
South 09 degrees 28 minutes 27 seconds East, a distance of 12.20 feet to a point; South 41 degrees 32 minutes 59 seconds West, a distance of 34.83 feet to a point; South 19 degrees 50 minutes 04 seconds West, a distance of 27.10 feet to a point; South 45 degrees 06 minutes 01 seconds West, a distance of 15.61 feet to a point; South 03 degrees 52 minutes 44 seconds West, a distance of 43.54 feet to a point; South 18 degrees 40 minutes 41 seconds West, a distance of 45.86 feet to a point; South 39 degrees 52 minutes 40 seconds West, a distance of 35.70 feet to a point; South 61 degrees 58 minutes 15 seconds West, a distance of 33.72 feet to a point; South 39 degrees 25 minutes 13 seconds West, a distance of 18.47 feet to a point; South 20 degrees 55 minutes 12 seconds West, a distance of 21.21 feet to a point; South 39 degrees 50 minutes 49 seconds West, a distance of 17.57 feet to a point; South 19 degrees 29 minutes 29 seconds East, a distance of 15.76 feet to a point; South 24 degrees 01 minutes 49 seconds West, a distance of 5.04 feet to a point on the proposed northerly right-of-way of Collins Industrial Way (80 foot right-of-way); THENCE leaving the said centerline of a creek proceed along the said proposed northerly right-of-way line of Collins Industrial Way South 85 degrees 25 minutes 20 seconds West, a distance of 280.98 feet to a point; THENCE continuing along the said proposed northerly right-of-way line westerly and southwesterly a distance of 261.42 feet along the arc of a curve to the left, having a radius of 440.00 feet and being subtended by a chord which bears South 68 degrees 24 minutes 05 seconds West, for a distance of 257.59 feet, to a point of reverse curvature at the curved intersection with the proposed easterly right-of-way line of a proposed tie-in road with Tree Creek Boulevard. THENCE leaving the said proposed northerly right-of-way line of Collins Industrial Way proceed through the curved intersection of the proposed easterly right-of-way line of a tie-in road westerly and northwesterly a distance 37.37 feet along the arc of said curve to the right having a radius of 25,00 feet and being subtended by a chord which bears North 85 degrees 47 minutes 42 seconds West, for a distance of 33.99 feet, to a point of compound curvature;

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THENCE continuing along the said proposed easterly right-of-way line northerly a distance of 241.23 feet along the arc of said curve to the right having a radius of 360.00 feet and being subtended by a chord which bears North 23 degrees 46 minutes 38 seconds West for a distance of 236.74 feet, to the POINT OF BEGINNING. Containing 766,401 square feet or 17.59415 acres, more or less. This property is intended to describe Gwinnett County tax parcel R7031 282 as shown on the Gwinnett County tax maps."

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 2015 session of the General Assembly of Georgia a Bill to amend and Act entitled "An Act to create a new Charter for the City of Lawrenceville" approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended, to provide for a change in the corporate boundaries and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Valerie Clark, who on oath deposes and says that she is the Representative from District 101 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on March 13, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ VALERIE CLARK Valerie Clark Representative, District 101
Sworn to and subscribed before me, this 18th day of March, 2015.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

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Approved May 12, 2015.

__________

CITY OF VIDALIA HOTEL/MOTEL TAX.

No. 276 (House Bill No. 636).

AN ACT

To authorize the governing authority of the City of Vidalia 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 Vidalia 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 Vidalia on February 9, 2015, 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 Vidalia:
(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 Vidalia; provided, however, that the City of Vidalia may exercise its option under

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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 exceeds the amount of taxes that would be collected at the rate of 5 percent which is 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 2015 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Vidalia 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, Greg Morris, who on oath deposes and says that he is the Representative from District 156 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Advance which is the official organ of Toombs County on March 11, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ GREG MORRIS Greg Morris Representative, District 156
Sworn to and subscribed before me, this 19th day of March, 2015.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)
Approved May 12, 2015.

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CITY OF HAZLEHURST NEW CHARTER.

No. 277 (House Bill No. 637).

AN ACT

To provide a new charter for the City of Hazlehurst; to provide for incorporation, boundaries, and property of the city; to provide for powers, construction of powers, examples of powers, and the exercise of powers; 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 oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for inquiries and investigations; to provide for eminent domain; 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 prohibit certain interference with administration by the city council; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a deputy city clerk, a tax collector, a city accountant, a city manager, 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 and removal from office; 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 definitions and construction; to provide for severability; to provide for other matters relative to the foregoing; to provide a specific repealer; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Incorporation.

The City of Hazlehurst in Jeff Davis County, Georgia, heretofore made a body politic and corporate by Acts of the General Assembly of the State of Georgia, under the name of the "City of Hazlehurst," shall continue as a body politic and corporate, known by the corporate name of the "City of Hazlehurst," and, by that name, the City of Hazlehurst shall continue

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to have perpetual succession, the power to sue and be sued, to plead and be impleaded, in all courts of law and equity, and in all actions whatsoever, and may have and use a common seal. This Act shall constitute the whole charter of the City of Hazlehurst, repealing and replacing the charter provided by an Act of the General Assembly approved December 22, 1953 (Ga. L. 1953, p. 2925), as amended. References in this charter to "the city" refer to the City of Hazlehurst.

SECTION 1.11. Corporate boundaries.

(a) The boundaries of the City of Hazlehurst shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of city clerk and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Hazlehurst, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

SECTION 1.12. Powers and construction.

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

SECTION 1.13. Examples of powers.

The powers of the city shall include, but not be limited to, the following powers: (1) 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

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destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, fire safety, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the 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 enumerated in Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment and vital areas of 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 extend, enlarge or restrict the same; to prescribe fire safety regulations consistent with general law, relating to fire prevention and detection and 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

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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; (12) General health, safety and welfare. To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (13) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (14) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (15) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city, to provide for commitment of such persons to any jail, to provide for the use of pretrial diversion and any alternative sentencing allowed by law, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (16) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys and walkways of the city; (17) Municipal agencies and delegation of power. To create, alter or abolish departments, boards, offices, commissions and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all of the powers conferred upon or delegated to the same; (18) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this charter or the laws of the State of Georgia; (19) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (20) Municipal property protection. To provide for the preservation and protection of property and equipment of the city, and the administration and use of the same by the public; and to prescribe penalties and punishment for violations thereof; (21) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, 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;

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(22) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (23) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (24) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (25) Police and fire protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and 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, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detention, penal and medical institutions, agencies and facilities; and to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; (28) Public peace. To provide for the prevention and punishment of 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 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; (31) 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; (32) Retirement. To provide and maintain a retirement plan and other employee benefit plans and programs for officers and employees of the city; (33) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights-of-way

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throughout the streets and roads, and over the bridges and viaducts for the use of public utilities; (34) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, 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; to regulate 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; to restrict adult bookstores and entertainment to certain areas; to regulate and license vehicles operated for hire in the city; to limit the number of vehicles operated for hire; to require the operators of vehicles operated for hire to be licensed; to require public liability insurance on vehicles operated for hire in the amounts to be prescribed by ordinance; and to regulate the parking of vehicles operated for hire; (37) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvements; (38) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation. (39) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (40) Taxicabs. To regulate and license vehicles operated for hire in the 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; 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

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fully stated herein; and to exercise all powers, now or in the future, authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.14. Exercise of powers.

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

ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL
SECTION 2.10. City council creation, number, election.

The legislative authority of the government of the City of Hazlehurst, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four council members. The council members shall be elected by ward by the voters in that ward. The mayor, who shall be a member of the city council, shall be elected by a majority vote of the qualified electors of the city at large voting at the elections of the city.

SECTION 2.11. City council terms and qualifications for office.

(a) 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 a council member 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 council member, shall continue to reside therein during that person's period of service, and shall continue to be registered and qualified to vote in municipal elections of the city. (b) In addition to the requirements of subsection (a) of this section, no person shall be eligible to serve as a council member representing a ward unless that person has been a resident of the ward such person seeks to represent for a continuous period of at least

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12 months immediately prior to the date of the election for such ward and must continue to reside in such ward during that person's period of service.

SECTION 2.12. Vacancy; filling of vacancies.

(a) The office of mayor or any 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 any council member 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 as provided for in Section 5.13 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. If such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining may appoint a successor for the remainder of the term.

SECTION 2.13. Compensation and expenses.

The annual salary of the mayor shall be $12,000.00 and the annual salary for each council member shall be $2,400.00. Such salary shall be paid from municipal funds in equal monthly installments. The city council may provide by ordinance for the provision of insurance, retirement, workers' compensation, and other employee benefits to the mayor and members of the city council and may provide by ordinance for the reimbursement of expenses actually and necessarily incurred by the mayor and members of the city council in carrying out their official duties. The annual salary of the mayor and the annual salary for each council member may be increased or decreased by ordinance duly enacted but no such change shall become effective until the beginning of the next term for said mayor or council member.

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, member of any board or authority, 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

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duties or which would tend to impair the independence of the official's judgment or action in the performance of those official duties; (2) Engage in or accept private employment, or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of the official's judgment or action in the performance of those official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the Official Code of Georgia Annotated, concerning the property, government, or affairs of the governmental body by which the official is engaged without proper legal authorization; or use such information to advance the financial or other private interest of the official or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm or corporation which to the official's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the official is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent 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 council member 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 council member 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

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

SECTION 2.15. Inquiries and investigations.

The city council may, by majority vote of all members, request an official inquiry or investigation into the affairs of the city and of any department, office or agency of the city by any state or federal governmental agency authorized to make such inquiries or investigations and direct all employees and appointed officers to cooperate with any such investigative agency upon penalty of termination of employment or removal from office for refusal to do so.

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

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

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SECTION 2.17. Eminent domain.

The city council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detention facilities, 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 for in the future.

SECTION 2.18. Organizational meetings.

(a) The city council shall meet on the first working day in January immediately following each regular municipal election. The meeting shall be called to order by the mayor-elect and the oath of office shall be administered to the newly elected mayor and council members by a judicial officer or other person authorized to administer oaths. The oath shall, to the extent that it comports with federal and state law, be as follows:
"I do solemnly swear or affirm that I will faithfully execute the office of [council member or mayor as the case may be] of the City of Hazlehurst, and will to the best of my ability support and defend the Constitution of the United States, the Constitution of Georgia, and the charter, ordinances, and regulations of the City of Hazlehurst. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I, by the laws of the State of Georgia, am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of [my district and] the City of Hazlehurst 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 Hazlehurst to the best of my ability without fear, favor, affection, reward, or expectation thereof." (b) Designation of council members over departments. The city council shall also designate amongst itself at its organizational meeting each year which council member shall serve as the administrative liaison for each of the following city departments: water and sewer, streets, police, and fire. The designated council member shall be responsible for reporting to the city council all matters of concern for each department, including, but not limited to, personnel recommendations, equipment acquisitions, and other administrative issues.

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SECTION 2.19. Regular and special meetings.

(a) The city council shall, at least once a month, hold regular meetings at such times and places as prescribed by ordinance. The city council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the city council may be held on the call of the mayor or on the written call of any two council members which is consented to by a third council member. For any called meeting initiated by two council members, such written call shall be delivered to the city clerk who shall then contact the other council members to determine if there be a third council member who consents to such call and if there be, then notice as hereinafter provided shall issue. Notice of such special meetings shall be delivered to each member of the city council personally, by registered mail, or by electronic means, at least 24 hours in advance of the meeting. Such notice to each member of the city council shall not be required if the entire city council is present when the special meeting is called. Such notice of any special meeting may be waived by a member of the city council 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. (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 public record. If there be no adoption of rules of procedure and order, then Robert's Rules of Order shall govern. (b) All committees and committee chairs and officers of the city council shall be appointed by the mayor and approved by a majority vote of the city council and shall serve at the pleasure of the city council. The mayor upon approval of a majority of the city council shall have the power to appoint new members to any committee at any time.

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SECTION 2.21. Quorum; voting.

(a) The mayor is considered a council member for purposes of determining a quorum and voting. All references to the number of council member votes under this charter shall include the consideration of the mayor's vote. (b) Three council members shall constitute a quorum and shall be authorized to transact business for the city council. (c) Voting on the adoption of ordinances shall be taken by voice or show of hands 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 and such vote shall be recorded in the minutes. Except as otherwise provided in this charter, the affirmative vote of three council members shall be required for the adoption of any ordinance, resolution, or motion. (d) No member of the city 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 prior to or at the meeting and made a part of the minutes. Any member of the city council present and eligible to vote on a matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of interest shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved. (e) The city council may, by ordinance or resolution, adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent members.

SECTION 2.22. Ordinance form, resolutions, procedures.

(a) Every proposed ordinance shall be introduced in writing, and the city council shall have the authority to approve, disapprove, or amend the same in accordance with this section. No ordinance shall contain a subject which is not expressed in its title. The ordinance shall be considered "read" by a reading of its heading, presenting a written copy to each member of the city council and making a printed copy available to any member of the public upon request. (b) Except for emergency ordinances as provided in Section 2.15 of this charter, an ordinance may be introduced by a motion made by any member of the city council at a regularly scheduled monthly meeting of the city council and shall be read as defined in subsection (a) of this section. The effect of the approval of such motion shall be to require that said ordinance be considered and voted upon by motion and second reading at the next successive regularly scheduled monthly city council meeting. The reading or discussion of any proposed ordinance at an open work-session or special meeting of the city council shall not count towards the requirement of a reading at two successive regularly scheduled

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monthly meetings of the city council. Ordinances shall be considered and adopted or rejected by a majority vote of a quorum of the city council upon motion and after a reading at the second successive regularly scheduled monthly meeting after its introduction and reading at the immediately preceding regularly scheduled monthly meeting of the city council. (c) Upon introduction of any ordinance, the city 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. The clerk may, with the approval of council, make arrangements for reproduction and distribution of proposed ordinances by electronic or other means. (d) After the title and preamble of any proposed ordinance is read at the second successive regularly scheduled monthly meeting of the city council, it may be approved and passed at such time by a majority vote of a quorum of the city council. The enacting clause shall be "Now Therefore, Be It Ordained by the City Council of the City of Hazlehurst" and every ordinance shall so begin. (e) 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. (f) A resolution shall be limited to expressions of the city's will, intent, recognition or declarations concerning the city, its citizens or anything affecting either. No resolution shall have any penal aspect. A resolution may be made and voted upon in oral form but shall thereafter be reduced to writing. A resolution may be passed by the council at any public meeting; however, any resolution which approves the expenditure of public funds shall be discussed in an open meeting not less than seven days prior to its approval in an open meeting.

SECTION 2.23. Action requiring an ordinance; definition.

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

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SECTION 2.24. Emergencies.

(a) To meet a public emergency affecting life, health, property or public peace, the city council may convene on call of a public meeting as provided in Section 2.19 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. (b) 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 the majority of the council members present shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. A quorum of council members shall be required to adopt any and all emergency ordinances. (c) 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. (d) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted.

SECTION 2.25. Codes of technical regulations.

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 the same as prescribed for ordinances as shown in Section 2.13 of this charter.

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.

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(b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. (c) This compilation shall be known and cited officially as "The Code of Ordinances of the City of Hazlehurst, Georgia." Copies of the code shall be furnished to all officers, departments and agencies of the city, and made available for purchase by the public at a reasonable price fixed by the city council. (d) 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 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 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. Powers and duties of mayor.

The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances and other instruments executed by the city which by law are required to be in writing;

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(5) Vote on matters before the city council and be counted toward a quorum as any other council member; (6) Cause to be prepared and submitted 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 or resolution establish.

SECTION 2.29. Mayor pro tempore; selections; duties.

(a) By a majority vote, the city council shall elect a council member to serve as mayor pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during his or her absence. The mayor pro tempore shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter. When acting as mayor, the mayor pro tempore shall continue to have only one vote as a member of the council. (b) The mayor pro tempore shall be elected at the organizational meeting held on the first working day in January immediately following each regular municipal election and shall serve for a period of one year.

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

(a) Except as otherwise provided in this charter, the city council, by ordinance or resolution, 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 in this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance or resolution. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city council, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointed officers and directors under the supervision of the city council shall be appointed by the city council. All appointed officers and directors shall be employed at-will

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and subject to removal or suspension at any time by the city council unless otherwise provided by law or ordinance. (f) For all purposes of this charter, appointed officers shall mean any person holding any office enumerated under this Article and such other persons as designated by any ordinance or resolution. Directors shall mean those individuals employed to be the head of the departments designated by the city, e.g., water and sewer, streets, police, administrative, etc.

SECTION 3.11. Boards, commissions, and authorities.

(a) The city council shall create by ordinance or resolution such boards, commissions and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the city council deems necessary, and shall by ordinance establish the compensation, 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 or resolution, 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 or resolution, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission or authority shall hold any elective office in the city unless approved by a majority vote of the city council. (e) Any vacancy on a board, commission or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating them 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 majority vote of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the city government shall elect one of its members as chairperson and one member as vice chairperson for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or applicable state law as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the clerk of the city.

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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 or may serve as judge of municipal court if appointed by the city council as provided for in Section 4.11 of this charter; 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; shall perform such other duties as may be required by virtue of the person's position as city attorney; and shall be a member in good standing within the State Bar of Georgia. (b) The city attorney is not a public official of the city and does not take an oath of office. The city attorney shall at all times be an independent contractor. A law firm, rather than an individual, may be designated as the city attorney. (c) The city attorney shall be considered an appointed officer for purposes of this charter.

SECTION 3.13. City clerk.

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

SECTION 3.14. Deputy city clerk.

The city council shall designate a qualified city administrative officer to exercise the powers and perform the duties of city clerk during the city clerk's absence and shall perform such other duties as may be required by the city council.

SECTION 3.15. Tax collector.

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

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SECTION 3.16. City accountant.

The city council may appoint a city accountant, subject to confirmation by majority vote of the council, to perform the duties of an accountant.

SECTION 3.17. City manager.

The city council may select and appoint a city manager whose salary shall be fixed by the city council and whose term of office shall be established by the city council and whose duties, powers and qualifications shall be prescribed by the policies and procedures adopted by the city council from time to time. The mayor and any other member of the city council shall be ineligible for the office of city manager for a period of at least 12 months from the date of the expiration of his or her term of office or his or her resignation from office.

SECTION 3.18. Consolidation of functions.

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

SECTION 3.19. Interference with administration.

The city council or its members individually shall deal with city officers and employees who are subject to the direction or supervision of a department director solely through the respective department director, and individually shall give orders to any such officer or employee, either publicly or privately except that this shall not apply to any council member who is appointed to be an administrative director.

SECTION 3.20. Rules and regulations.

(a) All employees serve at-will and may be removed from office at any time unless otherwise provided by ordinance or resolution. (b) The city council shall adopt rules and regulations consistent with this charter concerning:
(1) The method of employee selection and periods of employment; (2) The administration of a position classification, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan;

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(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 rules as may be necessary to provide for adequate and systematic handling of personnel affairs.

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

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

SECTION 4.11. Judge of municipal court; judge pro hac vice.

(a) The municipal court shall be presided over by a judge of the municipal court and such part-time, full-time, or stand-by judges as may be provided by ordinance. However, should the city council not appoint a stand-by judge, the appointed judge of the municipal court shall have the authority to appoint a judge pro hac vice to serve in the judge of the municipal court's absence whose compensation, if any, shall be paid by the judge of the municipal court. A judge pro hac vice shall be subject to the same requirements as subsection (b) of this section and may be removed from his or her appointment as provided for in subsection (e) of this section. (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 in good standing and shall possess all qualifications required by law. The judge of the municipal court shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) The city council, in its discretion, may appoint the city attorney to serve as judge of the municipal court as authorized in Code Section 15-1-8 of the Official Code of Georgia Annotated. (d) Compensation of the judges shall be fixed by city council annually and may not be reduced during the year once set. (e) Judges serve until a successor is appointed but may be removed from office for good cause at any time by a majority vote of a quorum of the city council in a public meeting giving the judge written notice at least ten days' notice of such meeting. (f) Before assuming office, each judge shall take the following oath:
"I do solemnly swear or affirm that I will faithfully execute the office of Judge of the Municipal Court of the City of Hazlehurst, and will to the best of my ability support and defend the Constitution of the United States, the Constitution of Georgia, and the Charter,

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ordinances, and regulations of the City of Hazlehurst. 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 will perform the duties of my office in the best interest of the City of Hazlehurst to the best of my ability without partiality, fear, favor, affection, reward, or expectation thereof." The oath shall be entered upon the minutes of the city council journal required in Section 2.18 of this charter.

SECTION 4.12. Convening.

The municipal court shall be convened at regular intervals as determined by the judge but in no event less than once every 60 days.

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 general 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) For each offense committed within its jurisdiction, the municipal court may impose a punishment consisting of a fine not exceeding $1,000.00 or imprisonment for 90 days or both, or it may impose punishment by fine, imprisonment or alternative sentencing, all as now, or hereafter provided by general law for each offense. (d) The municipal court shall have authority to establish a schedule of reasonable fees to defray the cost of operation, including but not limited to administrative court costs, probation supervisory fees and the cost of meals, transportation, and caretaking of prisoners as the city might be charged and shall be entitled to impose such costs upon any person convicted of any offense in the municipal court for which such costs are attributable. (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

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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 Jeff Davis County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

SECTION 4.15. Rules for court.

The judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court.

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

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

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SECTION 5.11. Election wards.

(a) The corporate limits of the City of Hazlehurst shall be divided into four political wards and consist of the territory contained on the "City of Hazlehurst Proposed City Council Districts" as it exists 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 political wards 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 board of elections and registrars for Jeff Davis County and to be designated, as the case may be: "City of Hazlehurst Proposed City Council Districts". Photographic, typed, or other copies of such map or description certified by the superintendent of the board of elections and registrars 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 as may be made from time to time in the manner provided by law. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

SECTION 5.12. Election of the city council and mayor.

(a) There shall be a municipal general election biennially in the odd years on the Tuesday next following the first Monday in November. (b) There shall be elected the council members for Wards 1 and 2 at one election and at every other regular election thereafter. The mayor and council members for Wards 3 and 4 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 5.13. Special elections, vacancies.

In the event that the office of mayor or council member shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining may appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the Georgia Election Code, Chapter 2 of Title 21 of the Official Code of Georgia Annotated, as now or hereafter amended.

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SECTION 5.14. Other provisions.

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

SECTION 5.15. Removal of officers.

The mayor, council members, or other appointed officers provided for in this charter may 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.

SECTION 5.16. Suspension of officers and employees.

The mayor with the concurrence in writing of at least one council member may suspend any appointed officer or employee of the city for good cause, with or without pay, pending a public hearing before a quorum of the city council held pursuant to Section 5.17 of this charter which shall decide by a majority vote whether such employee or officer shall be terminated from employment or removed from office for good cause or be reinstated with or without pay following such period of suspension. The concurrence of a council member must be as to all of the terms of the mayor's suspension in order to be effective.

SECTION 5.17. Hearings required upon suspension, for removal and termination.

(a) The city council may remove an appointed officer pursuant to Section 5.15 of this charter or terminate any city employee by majority vote of a quorum following a hearing before the city council after written notice being given to such officer or employee specifying the ground or grounds for removal or termination. Such written notice must be given not less than three days after the employee's last work day. (b) Any appointed officer or employee who has been suspended under Section 5.16 of this charter shall have the right to appeal such suspension for a determination at a public hearing by a quorum of the city council at a public meeting by requesting a hearing in writing to the city clerk not later than five days after such individual actually received notice of his or her suspension. An appeal hearing shall be held within ten days of appeal if the suspension was without pay and within 30 days of appeal if it was with pay. If no such hearing is requested, then the suspension shall stand as originally decreed.

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(c) Any city employee who has been terminated by a director or other superior shall have the right to appeal such termination for a determination by a quorum of the city council at a public meeting by requesting a hearing in writing to the city clerk not later than five days after the effective date of the termination. Such hearing shall be held within 30 days after the effective date of such termination. If no such hearing is requested then the termination shall stand as originally decreed. (d) The city council may provide by ordinance or resolution for any additional procedures under which such hearings shall be held.

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.

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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.

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.

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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 article shall not be construed as limiting in any way the general powers of the city to govern its local affairs.

SECTION 6.18. Collection of delinquent taxes and fees.

The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.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, sinking fund.

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. Whenever any bonds are issued by the city, it shall be the duty

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of the city council to provide a sinking fund to pay off the principal and interest of such bonds or series of bonds at their maturity.

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 Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted.

SECTION 6.23. Fiscal year.

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

SECTION 6.24. Preparation of budgets.

The city council shall provide an ordinance 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 April 30 of each year, the mayor shall cause to be submitted to the city council a proposed operating budget for the

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ensuing fiscal year. The budget shall be accompanied by a message that contains a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

SECTION 6.26. Action by city council on budget.

(a) The city council may amend the proposed operating budget, 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 June 30 of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by 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 the city.

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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 March 31, the mayor shall cause to be submitted 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 June 30 of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.

SECTION 6.30. Independent audit.

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

SECTION 6.31. Contracting procedures.

No contract with the city shall be binding on the city unless:

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(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 minutes of proceedings pursuant to Section 2.26 of this charter.

SECTION 6.32. Centralized purchasing.

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

SECTION 6.33. Sale and lease of city property.

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

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ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.

The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council may 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. 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 7.13. Specific repealer.

An Act approved December 22, 1953 (Ga. L. 1953, p. 2925), and all amendatory Acts thereto, are hereby repealed.

SECTION 7.14. Effective date.

This Act shall become effective on July 1, 2015.

SECTION 7.15. General repealer.

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

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to provide a new charter for the City of Hazlehurst; to provide for incorporation, boundaries, and property of the city; to provide for powers; to provide for a governing authority 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 oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for inquiries and investigations; to provide for eminent domain; to provide for ordinances and codes; to prohibit certain interference with administration by the city council; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a deputy city clerk, a tax collector, a city accountant, a city manager, and other personnel; 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 elections and removal from office; 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 repeal conflicting laws; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Greg Morris, who on oath deposes and says that he is the Representative from District 156 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Jeff Davis Ledger which is the official organ of Jeff Davis County on March 11, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GREG MORRIS Greg Morris Representative, District 156

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Sworn to and subscribed before me, this 19th day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

PICKENS COUNTY MAGISTRATE COURT; CLERK; APPOINTMENT AND TERM.

No. 278 (House Bill No. 639).

AN ACT

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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

SECTION 2. This Act shall become effective only if there is enacted into law at the 2015 session of the General Assembly a general law to provide that the General Assembly may at any time specify by local law who shall serve as clerk of magistrate court. If such a general law is so enacted, this Act shall become effective on the first day of the month following the month as of which both such general law and this Act have been approved by the Governor or have become law without such approval.

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

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to provide that the clerk of the Magistrate Court of Pickens County shall be appointed by the serve at the pleasure of the chief magistrate; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rick Jasperse, who on oath deposes and says that he is the Representative from District 11 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Pickens County Progress which is the official organ of Pickens County on March 12, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ RICK JASPERSE Rick Jasperse Representative, District 11

Sworn to and subscribed before me, this 19th day of March 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

PUTNAM COUNTY MAGISTRATE COURT; JUDGES; NUMBER, MANNER OF SELECTION, AND COMPENSATION.

No. 279 (House Bill No. 642).

AN ACT

To amend an Act providing for the Magistrate Court of Putnam County, approved March 12, 1984 (Ga. L. 1984, p. 3788), as amended, so as to revise the number, manner of selection,

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and compensation of the judges of the magistrate 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 providing for the Magistrate Court of Putnam County, approved March 12, 1984 (Ga. L. 1984, p. 3788), as amended, is amended by revising Section 2 as follows:

"SECTION 2. The number of magistrates authorized for the Magistrate Court of Putnam County shall be one magistrate, who shall be the chief magistrate."

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

Reserved."

"SECTION 4.

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

"SECTION 5. Vacancies in the office of chief magistrate shall be filled as provided by general law."

SECTION 4. Said Act is further amended by revising Section 7 as follows:

Reserved."

"SECTION 7.

SECTION 5. This Act shall become effective on January 1, 2019.

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 2015 session of the General Assembly of Georgia a bill to amend an Act providing for the Magistrate Court of Putnam

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County, approved March 12, 1984 (Ga. L. 1984, p. 3788), as amended, so as to revise the number, manner of selection, and compensation of the judges of the magistrate court; to provide for related matters; to provide an effective date; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Trey Rhodes, 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 March 12, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TREY RHODES Trey Rhodes Representative, District 120

Sworn to and subscribed before me, this 19th day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

CITY OF WARNER ROBINS HOTEL/MOTEL TAX; REVISE REFERENCE.

No. 280 (House Bill No. 643).

AN ACT

To amend an Act authorizing the governing authority of the City of Warner Robins to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A., approved May 11, 2009, (Ga. L. 2009, p. 3981), so as to change a reference to a resolution passed by the city council; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act authorizing the governing authority of the City of Warner Robins to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A., approved May 11, 2009, (Ga. L. 2009, p. 3981), is amended by revising Section 2 as follows:

"SECTION 2. The enactment of this Act is subsequent to the adoption of resolutions of the governing authority of the City of Warner Robins dated December 15, 2008, and March 2, 2009, as amended by a resolution adopted March 2, 2015, which specify the subsequent tax rate, identify the projects or tourism product development purposes, and specify the allocation of proceeds."

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 2015 session of the General Assembly of Georgia a bill to amend an Act authorizing the governing authority to the City of Warner Robins to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of O C.G.A approved May 11,2009 (Ga.L.2009, p.3981) and for other purposes
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Heath Clark, who on oath deposes and says that he is the Representativefrom District 147 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston County on March 11, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ HEATH CLARK Heath Clark Representative, District 147

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Sworn to and subscribed before me, this 23rd day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

CITY OF WARNER ROBINS HOMESTEAD EXEMPTION; CITY TAXES; SENIOR CITIZENS; CHANGE DATE FOR FILING APPLICATION FOR EXEMPTION.

No. 281 (House Bill No. 644).

AN ACT

To amend an Act providing for a homestead exemption from all City of Warner Robins ad valorem taxes for any city purposes, including, but not limited to, taxes to retire bonded indebtedness for certain persons who have been residents of the City of Warner Robins for at least the immediately preceding five years and who are 65 years of age or older, approved April 5, 1995 (Ga. L. 1995, p. 4189), as amended, so as to change the date for filing an application for such homestead exemption; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for a homestead exemption from all City of Warner Robins ad valorem taxes for any city purposes, including, but not limited to, taxes to retire bonded indebtedness for certain persons who have been residents of the City of Warner Robins for at least the immediately preceding five years and who are 65 years of age or older, approved April 5, 1995 (Ga. L. 1995, p. 4189), as amended, is amended by revising Section 4 as follows:

"SECTION 4. The exemption granted by this Act shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., except that any applicant seeking an exemption under this Act shall file a written application therefor on or before April 1 of the year in which

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such exemption is sought in accordance with Code Sections 48-5-18 and 48-5-45 of the O.C.G.A."

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 2015 session of the General Assembly of Georgia a bill to amend an Act providing for a homestead exemption from all City of Warner Robins ad valorem taxed for any city purposes; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Heath Clark, who on oath deposes and says that he is the Representative from District 147 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston County on March 4, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ HEATH CLARK Heath Clark Representative, District 147
Sworn to and subscribed before me, this 10th day of March, 2015.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)
Approved May 12, 2015.

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CITY OF ATLANTA PUBLIC SAFETY ACCESS ASSESSMENTS.

No. 282 (House Bill No. 650).

AN ACT

To amend an Act to provide a new charter for the City of Atlanta, approved April 15, 1996 (Ga. L. 1996, p. 4469), as amended, so as to provide for public safety access assessments; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide a new charter for the City of Atlanta, approved April 15, 1996 (Ga. L. 1996, p. 4469), as amended, is amended by revising subsection (c) of Section 1-102 by striking the period at the end of paragraph (61) and inserting in lieu thereof "; and" and inserting a new paragraph to read as follows:
"(62) For the protection of public health, welfare, and convenience of the city, and for the adequate provision of police, fire, and other emergency services, to fix and collect a public safety access assessment within the city. The collection of such public safety access assessment due the city shall be enforced by ordinance or resolution in the same manner as authorized by law for the enforcement of the collection and payment of state taxes, fees, or assessments. The public safety access assessment shall be deemed an additional source of municipal funding under subsection (j) of Code Section 46-5-134 of the O.C.G.A. and shall be expended by the city for the purposes of Part 4 of Article 2 of Chapter 5 of Title 46 of the O.C.G.A. The amount of the public safety access assessment shall be recommended annually by the city's chief financial officer, subject to the approval of the city council, to provide sufficient revenue for operation of the city's 9-1-1 communications section. In no event shall the total public safety access assessment, combined with the funds received by the city under Part 4 of Article 2 of Chapter 5 of Title 46 of the O.C.G.A., exceed the total reserve, capital, and operating costs of the city's 9-1-1 communications 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 2015 session of the General Assembly of Georgia, a bill to amend an Act to provide a new charter of the City of Atlanta,

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approved April 15, 1996 (Ga. L. 1996, p. 4469), as amended, so as to provide for public safety access assessments; to provide for related matters; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Keisha Waites, who on oath deposes and says that she is the Representative from District 60 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on March 18, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ KEISHA WAITES Keisha Waites Representative, District 60

Sworn to and subscribed before me, this 23rd day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act to provide a new charter of the city of Atlanta, approved April 15, 1996 (Ga. L. 1996, p. 4469), as amended, so as to ++provide for public safety access assessments; to provide for related matters; and for other purposes.++

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Keisha Waites, who on oath deposes and says that she is the Representative from District 60 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on March 19, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

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s/ KEISHA WAITES Keisha Waites Representative, District 60

Sworn to and subscribed before me, this 23rd day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

PERRY PUBLIC FACILITIES AUTHORITY CREATION.

No. 283 (House Bill No. 652).

AN ACT

To create the Perry Public Facilities Authority; to provide for the appointment of members of such authority; to confer powers upon the authority; to authorize the issuance of revenue bonds by the authority payable from the revenues, tolls, fees, charges, and earnings of the authority, contract payments to the authority, and from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings, and contract payments of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to make the revenue bonds of the authority exempt from taxation; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for the separate enactment of each provision of this Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Short title.

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

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SECTION 2. Perry Public Facilities Authority.

(a) There is created a public body corporate and politic to be known as the "Perry Public Facilities Authority," which shall be deemed to be a political subdivision of the state and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) The authority shall consist of seven members. The mayor and councilmembers of the City of Perry shall each appoint one member whose term on the authority shall correspond with the term of the mayor or councilmember who appointed such member. (c) The members of the authority shall not be compensated for their services; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (d) The members of the authority shall elect one of their number as chairperson and another as a vice-chairperson. The members of the authority shall also elect a secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary or treasurer are not members of the authority, such officers shall have no voting rights. Such officers shall serve for a period of one year and until their successors are duly elected and qualified. (e) Four members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority.

SECTION 3. Definitions.

As used in this Act, the term: (1) "Authority" means the Perry Public Facilities Authority created by this Act. (2) "City council" means the city council of the City of Perry, Georgia, or similar body or person managing the affairs of the city. (3) "Costs of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, rights of way, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for six months after completion of construction; the cost of engineering, architectural, fiscal agents, accounting, legal, plans and specifications, and other expenses necessary or incidental to determining the feasibility or practicability of the project; administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (4) "City" means Perry, Georgia, and its successors.

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(5) "Project" means: (A) All buildings, facilities, equipment, and other real and personal property necessary or beneficial for the efficient operation of the city or any department, agency, division, or commission thereof; and (B) Any undertaking of the city permitted pursuant to the Revenue Bond Law.
(6) "Revenue Bond Law" means the state's Revenue Bond Law as enacted in Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated. (7) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act and the Revenue Bond Law. (8) "Self liquidating" means any project which the revenues and earnings to be derived by the authority therefrom, including but not limited to any contractual payments with governmental or private entities, and all properties used, leased, and sold in connection therewith, together with any grants, will be sufficient to pay the costs of operating, maintaining and repairing the project and to pay the principal and interest on the revenue bonds or other obligations which may be issued for the purpose of paying the costs of the project. (9) "State" means the State of Georgia.

SECTION 4. Powers.

The Authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, or otherwise, and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority; provided, however, no property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (5) To execute contracts, leases, installment sale agreements, and other agreements and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance of a project; and

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any and all persons, firms and corporations, the city, and any other political subdivision or municipality of the state are hereby authorized to enter into contracts, leases, installment sale agreements, and other agreements or instruments with the authority upon such terms and for such purposes as they deem advisable and as they are authorized by law; (6) To acquire, construct, add to, extend, improve, equip, hold, operate, maintain, lease, dispose of, and sell projects; (7) To pay the costs of the project with the proceeds of revenue bonds or other obligations issued by the authority or from any grant or contribution from the United States of America or any agency or instrumentality thereof or from the state or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever; (8) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (9) To accept loans or grants of money or materials or property of any kind from the state or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the state or such agency or instrumentality or political subdivision may require; (10) To borrow funds for any of its corporate purposes and to issue revenue bonds, and to provide for the payment of the same and for the rights of the holders thereof; (11) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness and the power to enter into interest rate swaps, forward purchase agreements, repurchase agreements, and other similar agreements; (12) To sell or assign its rights under its contracts, lease agreements, or installment sale agreements or its right to receive payments thereunder, either directly or through trust or custodial arrangements whereby interests are created in such contracts, lease agreements, or installment sale agreements or the payments to be received thereunder through the issuance of trust certificates, certificates of participation, custodial receipts, or other similar instruments; and (13) To do all things necessary or convenient to carry out the powers expressly given in this Act.

SECTION 5. Revenue bonds.

The authority, or any 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 by 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

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provided for such payment. The revenue bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of such revenue bonds.

SECTION 6. Revenue bonds; form; denomination; registration; place of payment.

The authority shall determine the form of the revenue bonds and shall fix the denomination or denominations of such revenue bonds. The revenue bonds may be issued in registered form, and provision may be made for registration and exchangeability privileges. The authority shall fix the place or places of payment of principal and interest thereon.

SECTION 7. Revenue bonds; signatures; seal.

All revenue bonds shall bear the manual or facsimile signature of the chairperson or vice-chairperson of the authority and the attesting manual or facsimile signature of the secretary, assistant secretary, or secretary-treasurer of the authority, and the official seal of the authority shall be impressed or imprinted thereon. Any revenue bonds may bear the manual or facsimile signature of such persons as at the actual time of the execution of such revenue bonds shall be duly authorized or hold the proper office, although at the date of issuance of such revenue bonds such person may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any revenue bond shall cease to be such officer before the delivery of such revenue bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if that person had remained in office until such delivery.

SECTION 8. Revenue bonds; negotiability; exemption from taxation.

All revenue bonds shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of the state. All revenue bonds, their transfer and the income therefrom shall be exempt from all taxation within the state. The authority shall be exempt from all taxation within the state in the same manner and to the same extent that the city is exempt from such taxes.

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SECTION 9. Revenue bonds; sale; price; proceeds.

The authority may sell revenue bonds in such manner and for such price as it may determine to be in the best interest of the authority. The proceeds derived from the sale of revenue bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such revenue bonds.

SECTION 10. Revenue bonds; interim receipts and certificates or temporary bonds.

Prior to the preparation of any definitive revenue bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary revenue bonds, exchangeable for definitive revenue bonds upon the issuance of the latter.

SECTION 11. Revenue bonds; replacement of lost or mutilated bonds.

The authority may provide for the replacement of any revenue bonds which shall become mutilated or be destroyed or lost.

SECTION 12. Revenue bonds; conditions precedent to issuance.

The authority shall adopt a resolution authorizing the issuance of the revenue bonds. In the resolution, the authority shall determine that the project financed or refinanced with the proceeds of the revenue bonds is self liquidating. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage. Any such resolution may be passed by a majority of the authority's members at any regular or special meeting that is duly advertised by the authority pursuant to Chapter 14 of Title 50 of the Official Code of Georgia Annotated.

SECTION 13. Credit not pledged.

Revenue bonds shall not be deemed to constitute a debt of the city nor a pledge of the faith and credit of the city, but such revenue bonds shall be payable solely from the fund hereinafter provided for. The issuance of such revenue bonds shall not directly, indirectly or contingently obligate the city to levy or to pledge any form of taxation whatsoever for payment of such revenue bonds or to make any appropriation for their payment, and all such revenue bonds shall contain recitals on their face covering substantially the foregoing

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provisions of this section. Notwithstanding the foregoing provisions, this Act shall not affect the ability of the authority and any political subdivision or municipality to enter into an intergovernmental contract pursuant to which the political subdivision or municipality agrees to pay amounts sufficient to pay operating charges and other costs of the authority or any project including, without limitation, the principal of and interest on revenue bonds in consideration for services or facilities of the authority.

SECTION 14. Trust indenture as security.

In the discretion of the authority, any issuance of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside the state. Either the resolution providing for the issuance of the revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition and construction of the project, the maintenance, operation, repair and insuring of the project, and the custody, safeguarding, and application of all monies.

SECTION 15. To whom proceeds of bonds shall be paid.

In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the revenue bonds to any officer or person, or any agency, bank, or trust company, who shall act as trustee of such funds and shall hold and apply the same to the purposes thereof, subject to such regulations as this Act and such resolution or trust indenture may provide.

SECTION 16. Sinking fund.

The moneys received pursuant to an intergovernmental contract and the revenues, fees, tolls, charges, and earnings derived from any particular project or projects, regardless of whether or not such revenues, fees, tolls, fines, charges, and earnings were produced by a particular project for which revenue bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the revenue bonds or in the trust indenture may provide, and such funds so pledged from whatever source received shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with

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the payment of the interest upon such revenue bonds as such interest shall fall due; the principal or purchase price of such revenue bonds as the same shall fall due; any premium upon such revenue bonds as the same shall fall due; the purchase of such revenue bonds in the open market; and the necessary charges of the paying agent for paying principal and interest. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another.

SECTION 17. Remedies of bondholders.

Any holder of revenue bonds and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the revenue bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state, including specifically but without limitation, the Revenue Bond Law, or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished.

SECTION 18. Validation.

Revenue bonds and the security therefor shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action any city, municipality, school district, or other political subdivision or authority of the state which has contracted with the authority for services or facilities relating to the project for which revenue bonds are to be issued and sought to be validated, and such defendant shall be required to show cause, if any exists, why such contract or contracts shall not be adjudicated as a part of the basis for the security for the payment of any such revenue bonds. The revenue bonds when validated and the judgment of validation shall be final and conclusive with respect to such revenue bonds and the security for the payment thereof and interest thereon and against the authority and all other defendants.

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SECTION 19. Venue and jurisdiction.

Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the superior court of Houston County, and any action pertaining to validation of any revenue bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.

SECTION 20. Interest of bondholders protected.

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

SECTION 21. Monies received considered trust funds.

All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

SECTION 22. Purpose of the authority.

Without limiting the generality of any provision of this Act, the public purpose of the authority is declared to be that of providing public buildings, facilities, equipment, and other real and personal property for the citizens in the city.

SECTION 23. Rates, charges, and revenues; use.

The authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished, and in anticipation of the collection of the revenues, to issue revenue bonds or other types of obligations as herein provided to finance, in whole or in part, the

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costs of the project, and to pledge to the punctual payment of said revenue bonds or other obligations, all or any part of the revenues.

SECTION 24. Rules, regulations, service policies, and
procedures for operation of projects.

It shall be the duty of the authority to prescribe or cause to be prescribed rules, regulations, service policies, and procedures for the operation of any project or projects constructed or acquired under the provisions of this Act. The authority may adopt bylaws.

SECTION 25. Tort immunity.

To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as the city. The officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the city when in the performance of their public duties or work of the city.

SECTION 26. Tax-exempt status of authority.

The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the state and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from all taxes and special assessments of any municipality, city, or the state and any political subdivision thereof.

SECTION 27. Effect on other governments.

This Act shall not and does not in any way take from the city or any political subdivision or municipality the authority to own, operate, and maintain public facilities or to issue revenue bonds as provided by the Revenue Bond Law.

SECTION 28. Earnings and dissolution.

The earnings of the authority shall not inure to the benefit of private persons. Upon dissolution of the authority, title to all property of the authority shall revert to the city.

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SECTION 29. Liberal construction of Act.

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

SECTION 30. Severability; effect of partial invalidity of Act.

The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

SECTION 31. Effective date.

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

SECTION 32. Repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to create the Perry Public Facilities Authority; to provide for the appointment of members of such authority, to confer powers upon the authority; to authorize the issuance on revenue bonds by the authority payable from the revenues, tolls, fees, charges, and earnings of the authority, contract payments to the authority, and from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings, and contract payments of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure they payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to make the revenue bonds of the authority exempt from taxation; to fix the and provide the venue and jurisdiction of actions relating to any provisions of the Act; to provide for the validation of bonds; to provide for the separate enactment of each provision of this Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry O'Neal, who on oath deposes and says that he is the Representative from District 146 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston County on March 21, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

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

Sworn to and subscribed before me, this 24th day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

FULTON COUNTY MAGISTRATE COURT; ADMINISTRATION OF BUDGET; COURT ADMINISTRATOR; LAPSE OF FUNDS.

No. 284 (House Bill No. 655).

AN ACT

To provide for the administration of the budget of the Magistrate Court of Fulton County; to provide that the court administrator shall be the chief magistrate or his or her designee; to provide that such court administrator shall have oversight of the budget; to provide that such court administrator is authorized to make changes to line item appropriations; to provide that any unexpended funds at the end of the fiscal year shall lapse to the general fund of Fulton County; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. The court administrator of the Magistrate Court of Fulton County shall be the chief magistrate or his or her designee. The court administrator shall have oversight of the budget of the Magistrate Court of Fulton County. After county funds have been appropriated for the operation of the court, the court administrator shall have the authority to make changes to line item appropriations.

SECTION 2. The Fulton County Finance Department shall make all payroll adjustments related to appointment, transfer, termination, or other personnel action requiring payroll adjustment upon written notification by the court administrator.

SECTION 3. Any unexpended county appropriated funds remaining with the court at the end of a fiscal year shall lapse to the general fund of Fulton County.

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to provide for the administration of the budget of the Magistrate Court of Fulton County; to provide that the chief magistrate judge or his or her designee shall have oversight of the budget and is authorized to make changes to line item appropriations; to provide that any unexpended funds at the end of the fiscal year shall lapse to the general fund of Fulton County; to provide 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, 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

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County on March 19, 2015, 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 23rd day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

DODGE COUNTY BOARD OF COMMISSIONERS; REDISTRICTING.

No. 285 (House Bill No. 656).

AN ACT

To amend an Act creating the office of Commissioner of Dodge County, approved August 19, 1912 (Ga. L. 1912, p. 367), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the office of Commissioner of Dodge County, approved August 19, 1912 (Ga. L. 1912, p. 367), as amended, is amended by revising subsections (b) and (c) of Section 2 as follows:
"(b) For purposes of electing members of the board of commissioners, Dodge County is divided into four commissioner districts. One member of the board shall be elected from each such district. Those four districts shall be and correspond to those four numbered

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districts described in and attached to and made a part of this Act and further identified as 'Plan: dodgecc-p1r-2015 Plan Type: Local Administrator: Dodge CC User: bak'.
(c)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia.
(2) Any part of Dodge 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 Dodge County which is described in subsection (b) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia."

SECTION 2. (a) All members of the board of commissioners serving in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected and until their respective successors are elected and qualified unless otherwise removed from office as provided by the Constitution and laws of this state. (b) Each member of the board of commissioners serving in office on the effective date of this Act and elected from former Commissioner District 1, 2, 3, or 4 shall on and after said date be deemed to represent the new Commissioner District 1, 2, 3, or 4, respectively.

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

Plan: dodgecc-p1r-2015 Plan Type: Local Administrator: Dodge CC User: bak

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District 001 Dodge County VTD: 091EDDIN - EDDINS 960200: 1080 1090 1091 1092 1093 1094 960300: 1016 1017 1018 1020 1021 1022 1023 1024 1025 1026 1038 VTD: 091LEE - LEE 960200: 2023 2028 2029 2034 2045 2046 2047 3023 3024 3026 3027 3028 3039 3040 3041 3042 3043 3044 3053 960300: 1036 1037 1039 1040 1041 1042 1043 1044 1045 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1092 1100 1101 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 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 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3014 3015 3018 3019 3020 3021 3022 3023 3029 3030 3031 3032 3033 3036 3037 3038 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4022 4024 4034 4035 4036 5035 960400: 2021 2022 2054 2056 2057 2058 VTD: 091RAWLI - RAWLINS

District 002 Dodge County VTD: 091EDDIN - EDDINS 960100: 2049 2050 2051 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2065 2076 960200: 1047 1048 1058 1059 1078 1079 960300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1019 1027 1028 1029 1030 1031 1032 1033

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1034 1035 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 1088 1089 1090 1091 1093 1094 1095 1096 1097 1098 1099 1102 VTD: 091EMPIR - EMPIRE VTD: 091MULLI - MULLIS VTD: 091PLAIN - PLAINFIELD 960200: 1000 1001 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1068 1069 1070 1071 1095 1096 1097 1098 1099 1100 1101 1103 1112 VTD: 091YONKE - YONKER
District 003 Dodge County VTD: 091CHAUN - CHAUNCEY 960500: 1045 1046 1051 1063 1107 2000 2001 2002 2004 2009 2010 2011 2012 2019 2021 VTD: 091CLARK - CLARKS VTD: 091JAYBI - JAYBIRD VTD: 091JONES - JONES VTD: 091LEE - LEE 960400: 1028 1029 1030 1031 1032 1077 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 2014 2015 2016 2017 2023 2025 2026 2027 2028 2029 2030 2034 2035 2036 2039 2040 2041 2042 2043 2044 2045 2046 2047 2063 2064 2065 2066 2067 2068 3000 3001 960500: 1047 1048 1049 1050 VTD: 091MCCRA - MCCRANIE VTD: 091MILAN - MILAN VTD: 091PLAIN - PLAINFIELD 960400: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 1018 1024 1025 1026 1027 1033 1034 1040 1079 VTD: 091PONDT - PONDTOWN VTD: 091VILUL - VILULA

4183

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District 004 Dodge County VTD: 091CHAUN - CHAUNCEY 960400: 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 960500: 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1082 1083 1084 1085 1086 1087 1088 1089 1090 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1127 1128 1129 1132 VTD: 091LEE - LEE 960200: 2027 2030 2031 2032 2033 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2048 2049 2050 2051 2052 2053 2054 3025 3031 3032 3033 3034 3035 3036 3037 3038 3045 3046 3047 3048 3049 3050 3051 3052 3055 3056 960300: 2017 2048 3000 3013 3016 3017 3024 3025 3026 3027 3028 3034 3035 3039 3040 3041 3042 3053 3054 3055 3056 3057 3058 4032 4033 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4061 4066 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 960400: 2018 2019 2020 2024 2031 2032 2033 2048 2049 2050 2051 2052 2053 2055 2059 2060 2061 2062 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3091 3092 3093 VTD: 091MITCH - MITCHELL

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia, a bill to amend an Act creating the office of commissioner of Dodge County, approved August 19, 1912 (Ga. L. 1912, p. 367), as amended; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Pruett, who on oath deposes and says that he is the Representative from District 149 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Dodge County News which is the official organ of Dodge County on March 11, 2015, 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 March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

GREENE COUNTY GREENE COUNTY FAMILY CONNECTION COMMISSION; ABOLISH.

No. 286 (House Bill No. 657).

AN ACT

To repeal an Act creating the Greene County Family Connection Commission, approved March 27, 1998 (Ga. L. 1998, p. 3748), and all amendatory acts thereto; to provide for

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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 Greene County Family Connection Commission, approved March 27, 1998 (Ga. L. 1998, p. 3748), and all amendatory acts thereto, is hereby repealed in its entirety.

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 2015 session of the General Assembly of Georgia a bill to repeal an Act creating the Green County Family Connection Commission, approved March 27, 1998 (Ga. L. 1998, p. 3748), and all amendatory acts thereto; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Trey Rhodes, who on oath deposes and says that he is the Representative from District 120 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Herald-Journal which is the official organ of Greene County on March 19, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ TREY RHODES Trey Rhodes Representative, District 120

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Sworn to and subscribed before me, this 24th day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

CITY OF CLARKSTON CORPORATE BOUNDARIES; REFERENDUM.

No. 287 (House Bill No. 661).

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:

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 adding a new subsection to read as follows: "(c) 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 approximately one hundred (100) feet south of the intersection of Pecan Street and East Ponce de Leon Avenue, where the existing corporate limit line of the City of Clarkston intersects with the CSX railroad; Then, following the CSX railroad in a westerly direction to its intersection with the eastern right-of-way line of Interstate 285; 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

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

northerly direction for approximately two thousand (2,000) feet, then in an easterly direction for approximately seven hundred and fifty (750) feet to a point 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 CSX railroad, this point being the point of beginning."

SECTION 1-2. This part shall become effective on January 1, 2016, if approved by the referendum provided for in Part 3 of this Act.

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 adding a new subsection to read as follows: "(c) 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 approximately one hundred (100) feet south of the intersection of Pecan Street and East Ponce de Leon Avenue, where the existing corporate limit line of the City of Clarkston intersects with the CSX railroad; Then, following the existing curved corporate limit line of the City of Clarkston in a 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 Northem 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 one thousand five hundred (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 the CSX railroad;

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Then, following the CSX railroad northeast to the point where it intersects with the existing corporate limit line of the City of Clarkston, this point being the point of beginning."

SECTION 2-2. This part shall become effective on January 1, 2016.

PART THREE SECTION 3-1. 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 Part 1 of this Act for approval or rejection. The election superintendent shall conduct such election on the Tuesday next following the first Monday in November, 2015, 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, 2016. 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.

SECTION 3-2. 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 2015 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; to provide for related matters; and for other purposes.

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GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Karla Drenner, who on oath deposes and says that she is the Representative from District 85 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on March 5, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ KARLA DRENNER Karla Drenner Representative, District 85

Sworn to and subscribed before me, this 24th day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

CITY OF GRIFFIN HOTEL/MOTEL TAX.

No. 288 (House Bill No. 664).

AN ACT

To authorize the governing authority of the City of Griffin 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 Griffin is authorized to levy an excise tax at a rate not to

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exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.

SECTION 2. The enactment of this Act is subsequent to the adoption of a certain ordinance and accompanying resolution by the governing authority of the City of Griffin on March 24, 2015, 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 Griffin:
(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 Griffin; 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 is 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 given that there will be introduced at the regular 2015 Session of the General Assembly of Georgia a local Act authorizing the City of Griffin to levy an excise tax at the rate of 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, pursuant to O.C.G.A. 46-13-51(b); and for other purposes; for which the enactment of legislation was requested in a Resolution by the Board of Commissioners on March 24, 2015.

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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 March 20, 2015, 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 24th day of March 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

CITY OF PEACHTREE CITY CITY OF PEACHTREE CITY PUBLIC FACILITIES AUTHORITY; DEFINITION; ADDITIONAL POWERS.

No. 289 (House Bill No. 668).

AN ACT

To amend an Act to create the City of Peachtree City Public Facilities Authority, approved May 13, 2011 (Ga. L. 2011, p. 4121), so as to modify a definition; to add an additional power; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to create the City of Peachtree City Public Facilities Authority, approved May 13, 2011 (Ga. L. 2011, p. 4121), is amended by revising paragraph (3) of Section 3 as follows:

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"(3) 'Project' means: (A) All buildings, facilities, equipment, and other real and personal property necessary or convenient for the efficient operation of the City of Peachtree City, Georgia, or any department, agency, division, or commission thereof; and (B) Any undertaking permitted by Revenue bond law."

SECTION 2. Said Act is further amended in Section 4 by inserting a new paragraph to read as follows:
"(6.1) To sell or assign its rights under its contracts, lease agreements, or installment sale agreements or its right to receive payments thereunder, either directly or through trust or custodial arrangements whereby interests are created in such contracts, lease agreements, or installment sale agreements or the payments to be received thereunder through the issuance of trust certificates, certificates of participation, custodial receipts, or other similar instruments;"

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act entitled "an Act to create the City of Peachtree City Public Facilities Authority," approved May 13, 2011 (Ga. L. 2011, p. 4121) to add an additional power that may be exercised by the City of Peachtree City Public Facilities Authority; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Matt Ramsey, who on oath deposes and says that he is the Representative from District 72 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Fayette County News which is the official organ of Fayette County on March 14, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

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s/ MATT RAMSEY Matt Ramsey Representative, District 72

Sworn to and subscribed before me, this 23rd day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

CHATHAM COUNTY CERTAIN OFFICIALS; JUDGE OF PROBATE COURT; CHIEF JUDGE OF STATE COURT; CHIEF MAGISTRATE; MAGISTRATE JUDGES; PRESIDING JUDGE OF JUVENILE COURT; COMPENSATION.

No. 290 (House Bill No. 669).

AN ACT

To amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4351), so as to provide for the compensation of certain Chatham County officials; to provide for the compensation of the Judge of the Probate Court, the Chief Judge of the State Court, the Chief Magistrate, the full-time Magistrates, and the Presiding Judge of the Juvenile Court of Chatham County; to provide for certain salary adjustments; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4351), is amended in Section 1 by revising subsections (a) and (b) as follows:

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"(a)(1) As used in this subsection, the term 'county supplemental salary' means the amount of compensation remaining after subtracting base salary, cost-of-living allocations granted by either the state or local governing authority, longevity or other statutorily granted fees, or other compensation granted by general law. The county supplemental salary for a county officer or official provided for in this section shall be adjusted as provided for in this subsection or by the Board of Commissioners, so long as such supplemental salary is not reduced for an officer or official during a current term of office. (2) The officers subject to the provisions of this Act shall receive the following compensation:
(A) The tax commissioner shall receive the minimum annual salary provided by Code Section 48-5-183 of the O.C.G.A. and a salary supplement in the amount of $18,318.00 per year; (B) The clerk of the superior court shall receive the minimum annual salary provided by Code Section 15-6-88 of the O.C.G.A. and a salary supplement in the amount of $18,318.00 per year; (C) The sheriff shall receive the minimum annual salary provided by Code Section 15-16-20 of the O.C.G.A. and a salary supplement in the amount of $25,241.00 per year; and (D) The coroner shall receive the minimum annual salary provided by Code Section 45-16-11 of the O.C.G.A. and a salary supplement in the amount of $54,000.00 per year. (3)(A) Actual total compensation received upon the effective date of this Act shall be the current compensation of the officer or official, and such compensation shall not be reduced within a current term of office. (B) For each successive term of office, should there be a change in the officer or official elected or holding such office by other selection method, then the county supplemental salary shall be eliminated unless action is taken by the Board of Commissioners prior to the conclusion of the current term to continue, increase, or decrease the county supplemental salary. (C) The Board of Commissioners shall exercise its discretion to grant or deny any increase in county supplemental salary to the extent permitted under general law. (b)(1) The compensation received by any judge on the effective date of this Act, including salaries, cost-of-living increases, and longevity increases, shall not be reduced during any such judge's current term of office. Should the person serving as a full-time judge on the effective date of this Act be receiving more compensation than the compensation as calculated pursuant to subsection (6) of this Act, then such person shall not be entitled to any further salary adjustments, notwithstanding any other provision of this Act, until his or her salary is in an amount as calculated according to paragraph (6) of this subsection.

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(2) No judge shall be entitled to any salary adjustment from county funds except as provided in this subsection. Should any general law be enacted mandating an increase in the total compensation of any judge by a method other than granting a general salary increase to the judges of the superior courts, then the salary adjustments provided for in paragraph (6) of this subsection shall be reduced by an amount equal to the additional amount so granted by general law. Such reduction shall become effective on the first day of the next term of office. (3) Should any judge not currently entitled to longevity pay pursuant to general law be subsequently granted such longevity pay, the amount of longevity pay provided for in paragraph (6) of this subsection shall be reduced by an amount equal to the longevity pay so granted by general law. (4) This subsection establishes salaries for the respective judicial officers, and no compensation shall be considered a salary supplement. (5) Any longevity pay described in paragraph (6) of this subsection shall be effective for each term that begins after January 1, 2016, and no term completed before that date shall be used to compute such longevity pay.
(6)(A)(i) The judge of the probate court shall receive an annual salary equal to the sum of 80 percent of the annual salary of a judge of the superior court provided in Code Section 45-7-4 of the O.C.G.A., plus 80 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court, excluding any longevity pay to a judge of the superior court pursuant to Ga. L. 1997, p. 4108. (ii) For each four-year term following the initial term of office, the judge of the probate court shall be entitled to an increase in his or her annual salary in the amount of $800.00, provided that such longevity increase and any cost-of-living adjustment shall be automatically reduced to reflect an increase provided in general law. This subparagraph shall apply to terms beginning on or after January 1, 2016. (B)(i) The chief judge of the state court shall receive an annual salary equal to the sum of 95 percent of the annual salary of a judge of the superior court as provided in Code Section 45-7-4 of the O.C.G.A., plus 95 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court, excluding any longevity pay to a judge of the superior court pursuant to Ga. L. 1997, p. 4108. In addition, the governing authority of Chatham County shall pay to the chief judge of the state court an additional salary supplement as additional compensation for performing the duties incumbent upon a chief judge of not less than 95 percent of the salary supplement paid to the chief judge of the Eastern Judicial Circuit. (ii) For each four-year term following the initial term of office, the chief judge of the state court shall be entitled to an increase in his or her annual salary in the amount of $950.00, provided that such longevity increase and any cost-of-living adjustment shall

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be automatically reduced to reflect an increase provided in general law. This subparagraph shall apply to terms beginning on or after January 1, 2016. (C)(i) The judges of the state court shall receive an annual salary equal to the sum of 95 percent of the annual salary of a judge of the superior court as provided in Code Section 45-7-4 of the O.C.G.A., plus 95 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court, excluding any longevity pay to a judge of the superior court pursuant to Ga. L. 1997, p. 4108. (ii) For each four-year term following the initial term of office, each judge of the state court shall be entitled to an increase in his or her annual salary in the amount of $950.00, provided that such longevity increase and any cost-of-living adjustment shall be automatically reduced to reflect an increase provided in general law. This subparagraph shall apply to terms beginning on or after January 1, 2016. (D)(i) The chief magistrate shall receive an annual salary equal to the sum of 85 percent of the annual salary of a judge of the superior court as provided in Code Section 45-7-4 of the O.C.G.A., plus 85 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court, excluding any longevity pay to a judge of the superior court pursuant to Ga. L. 1997, p. 4108. In addition, the governing authority of Chatham County shall pay to the chief magistrate of the magistrate court an additional salary supplement as additional compensation for performing the duties incumbent upon a chief judge equal to 85 percent of the salary supplement paid to the Chief Judge of the Eastern Judicial Circuit. (ii) For each four-year term following the initial term of office, the chief magistrate shall be entitled to an increase in his or her annual salary in the amount of $850.00, provided that such longevity increase and any cost-of-living adjustment shall be automatically reduced to reflect an increase provided in general law. This subparagraph shall apply to terms served after January 1, 2016. (E)(i) Each full-time magistrate shall receive an annual salary equal to the sum of 85 percent of the annual salary of a judge of the superior court as provided in Code Section 45-7-4 of the O.C.G.A., plus 85 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court, excluding any longevity pay to a judge of the superior court pursuant to Ga. L. 1997, p. 4108. (ii) For each four-year term following the initial term of office, each full-time magistrate shall be entitled to an increase in his or her annual salary in the amount of $850.00, provided that such longevity increase and any cost-of-living adjustment shall be automatically reduced to reflect an increase provided in general law. This subparagraph shall apply to terms served after January 1, 2016. (F) With the combined consent of the Board of Commissioners and the judges of the superior court, the presiding judge of the juvenile court and the judges of the juvenile

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court shall receive an annual salary equal to the sum of 90 percent of the annual salary of the judge of the superior court. (7) The annual compensation provided in paragraph (6) of this subsection shall be paid in equal monthly installments. No provision of this Act shall be applied so as to reduce the compensation of any officer during a term of office."

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 2015 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4351); and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ron Stephens, who on oath deposes and says that he is the Representative from District 164 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on March 21, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ RON STEPHENS Ron Stephens Representative, District 164
Sworn to and subscribed before me, this 25th day of March, 2015.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)
Approved May 12, 2015.

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GILMER COUNTY CORONER; DEPUTY CORONER; COMPENSATION; EXPENSES.

No. 291 (House Bill No. 675).

AN ACT

To provide for compensation of the coroner and deputy coroner of Gilmer County; to provide for the payment of expenses; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) The coroner of Gilmer County shall receive an annual salary in the amount of $18,100.00 payable in equal monthly installments from the funds of Gilmer County. (b) The deputy coroner of Gilmer County shall receive an annual salary in the amount of $6,000.00 payable in equal monthly installments from the funds of Gilmer County. (c) No death investigation fee shall be imposed upon Gilmer County by such salaried coroner or deputy coroner, pursuant to subsection (b) of Code Section 45-16-27 of the O.C.G.A.

SECTION 2. The necessary operating expenses of the coroner's office shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, and equipment, and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Gilmer County.

SECTION 3. In addition to compensation provided for in Section 1 of this Act, the coroner shall be reimbursed for actual and necessary expenses, including expenses for lodging and meals, incurred by such officer in carrying out his or her official duties within and outside the county, but within the state, including attendance at seminars or training required pursuant to Code Section 45-16-66 of the O.C.G.A.; provided, however, that the coroner shall be required to submit to the board of commissioners of Gilmer County an itemized, verified account of any such expenses; and provided, further, that the coroner shall not be reimbursed more than $1,800.00 per annum for actual and necessary expenses incurred in carrying out his or her duties. When using his or her personal automobile in traveling on official business outside the county, the coroner shall be reimbursed for travel expenses at the same legal

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mileage rate authorized under Code Section 50-19-7 of the O.C.G.A., as now or hereafter amended. All expenses provided for in this section shall be paid from the funds of Gilmer County. Expenses provided for in this section are in addition to any operating expenses provided for in Section 2 of this Act.

SECTION 4. This Act shall become effective on January 1, 2016.

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 2015 session of the General Assembly of Georgia a bill to provide for compensation of the coroner and deputy coroner of Gilmer County; to provide for expenses; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Ralston, who on oath deposes and says that he is the Representative from District 7 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times-Courier which is the official organ of Gilmer County on March 19, 2015, 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 25th day of March 2015.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)
Approved May 12, 2015.

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CITY OF ACWORTH ADOPTION OF MAP OF CORPORATE BOUNDARIES.

No. 292 (Senate Bill No. 216).

AN ACT

To amend an Act entitled "An Act to reincorporate and provide a new charter for the City of Acworth," approved February 17, 1989 (Ga. L. 1989, p. 3512), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4736), an Act approved April 17, 1992 (Ga. L. 1992, p. 6445), an Act approved March 30, 1993 (Ga. L. 1993, p. 4245), and an Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 322), so as to adopt by reference a certain map; 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 and provide a new charter for the City of Acworth," approved February 17, 1989 (Ga. L. 1989, p. 3512), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4736), an Act approved April 17, 1992 (Ga. L. 1992, p. 6445), an Act approved March 30, 1993 (Ga. L. 1993, p. 4245), and an Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 322), is amended by revising subsection (a) of Section 1.11 as follows:
"(a) The boundaries of this city shall be those existing on the effective date of this charter with such alterations as may be made from time to time by local law or in a 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 of the city and to be designated, as the case may be: "Official Map or Description of the Corporate Limits of the City of Acworth, Georgia." Photographic, typed, or other copies of such maps 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. The 'Official Map of the Corporate Limits of the City of Acworth, Georgia,' dated February 9, 2015, prepared by the city clerk of the City of Acworth is adopted as the official map of the corporate limits of the City of Acworth, Georgia, and the corporate boundaries of the city as of January 1, 2016, shall be reflected on said official map, subject to amendment as set forth in this charter or by local Act of the General Assembly."

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

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act reincorporating and providing a new Charter for the City of Acworth so as to adopt an official map of the corporate limits of the City of Acworth, Georgia approved February 17, 1989 (Ga. L. 1989, p. 3512), as amended, and for other purposes.

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 March 6, 2015, 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 11th day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

CITY OF ACWORTH CORPORATE BOUNDARIES.

No. 293 (Senate Bill No. 217).

AN ACT

To amend an Act entitled "An Act to reincorporate and provide a new charter for the City of Acworth," approved February 17, 1989 (Ga. L. 1989, p. 3512), as amended, particularly by

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an Act approved March 20, 1990 (Ga. L. 1990, p. 4736), an Act approved April 17, 1992 (Ga. L. 1992, p. 6445), an Act approved March 30, 1993 (Ga. L. 1993, p. 4245), and an Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 322), so as to change the corporate boundaries; 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 and provide a new charter for the City of Acworth," approved February 17, 1989 (Ga. L. 1989, p. 3512), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4736), an Act approved April 17, 1992 (Ga. L. 1992, p. 6445), an Act approved March 30, 1993 (Ga. L. 1993, p. 4245), and an Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 322), is amended by adding at the end of Section 1.11 a new subsection (g) to read as follows:
"(g) In addition to any other property included within the corporate limits of the city, such corporate limits shall also include that property lying and being in Land Lots 41, 42, 43, 72, and 73 of the 20th District, 2nd Section, of Cobb County, said property totaling 316.47 acres, more or less."

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 2015 session of the General Assembly of Georgia a bill to annex certain property into and within the City of Acworth, Georgia and being 316.47 acres of land more or less and being located generally in the 20th District of Cobb County, Georgia in Land Lots 41, 42, 43, 72 and 73 and as per map and plat on file with the City Clerk of the City of Acworth, Georgia, and for other purposes.

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 March 6, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

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s/ LINDSEY TIPPINS Lindsey Tippins Senator, District 37

Sworn to and subscribed before me, this 11th day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

SCHLEY COUNTY SCHLEY COUNTY UTILITIES AUTHORITY; CREATION.

No. 294 (Senate Bill No. 220).

AN ACT

To create the Schley County Utilities Authority; to provide a short title; to provide for definitions; to authorize the authority to acquire, construct, equip, operate, maintain, own, and improve self-liquidating projects embracing sources of water supply, the treatment, distribution, and sale of water and related facilities to individuals, private concerns, municipal corporations, and governmental units and the collection, treatment and disposal of sewage waste and related facilities and the sale of sewage treatment services to individuals, private concerns, municipal corporations, and governmental units; to provide for the appointment of members of the board; to provide for organization and rules; to provide for powers and duties; to provide for financing of projects; to provide for revenue bonds; to provide for trust indentures and sinking funds; to provide for jurisdiction, venue, and remedies; to provide for validation; to provide for certain trust funds; to provide for audits; to provide for immunity; to provide for rules and regulations; to provide for construction; to provide for the sale or exchange of property; to provide for supplemental powers; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Short title.

This Act shall be known and may be cited as the "Schley County Utilities Authority Act."

SECTION 2. Definitions.

As used in this Act, the term: (1) "Authority" means the Schley County Utilities Authority created by Section 3 of this Act. (2) "Board" means the members of the authority that are appointed to manage the operation of the authority. (3) "Cost of the project" means the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment, financing charges, and interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, fiscal, and legal expenses and of plans and specifications and of any other expenses necessary or incidental to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing authorized by this Act; and the cost of the construction of any project, the placing of the same in operation, and the condemnation of property necessary for each construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (4) "Project" or "projects" means any of the following individually or collectively: (A) "Sewerage project" means the acquisition, construction, and equipping of sewerage facilities useful and necessary for the gathering of waste matter and the treatment of sewage of any and every type, including, but not limited to, the acquisition and construction of treatment plants, ponds, and lagoons inside and outside the territorial boundaries of Schley County; additions and improvements to and extensions of such facilities and the operation and maintenance of the same so as to assure an adequate sewerage system; and the sale of sewage collection and treatment services to users and customers, including, but not limited to, this state, counties, municipalities, and other entities for the purpose of providing sewage collection and treatment services, inside or outside the territorial boundaries of Schley County. (B) "Water project" means the acquisition, construction, and equipping of water facilities for obtaining one or more sources of water supply, watershed projects, works of improvements for watersheds, projects for watershed protection and flood control and prevention, recreational facilities developed in connection therewith, the treatment of water, and the distribution and sale of water to users and consumers, including, but not

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limited to, this state, counties, municipalities, and other entities, inside and outside the territorial boundaries of Schley County. Said projects shall include all works, plants, systems, instrumentalities, and appurtenances thereto; all properties, lands, easements, and rights in land; and water rights, contract rights, and franchise rights associated with any of said projects. (5) "Public service" or "public services" means any of the following individually or collectively: (A) "Sewer service" means the distribution, sale, and making contracts for sewage and sewage treatment services to users and customers in the authority's area of operation, including, but not limited to, this state, counties, and municipalities, inside or outside the territorial boundaries of Schley County, insofar as said services are not in conflict with regulations by the Georgia Public Service Commission. (B) "Water service" means the distribution, sale and, making contracts for water services to users and customers in the authority's area of operation, including, but not limited to, this state, counties, and municipalities, inside or outside the territorial boundaries of Schley County, insofar as said services are not in conflict with regulations by the Georgia Public Service Commission. (6) "Revenue bonds," "bonds," or "obligations" means revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." Such bonds and obligations may be issued by the authority as authorized under the "Revenue Bond Law" and any amendments thereto. Such terms shall also mean obligations of the authority, the issuance of which are specifically provided for in this Act. (7) "Self-liquidating" means any project which, in the sole judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all properties used, leased, and sold in connection therewith, together with any grants, will be sufficient to pay the cost of operating, maintaining, repairing, improving, and extending the project and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects.

SECTION 3. Creation of the authority; membership; governance.

(a) There is created a body corporate and politic, to be known as the Schley County Utilities Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation, and by that name, style, and title, said body may contract and be contracted with, own and dispose of all types of property, real and personal, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity, except that the authority, its board members, or the trustee acting under any trust indenture shall in no event be liable for any torts committed by its officers, agents, or employees. (b) The authority shall consist of five members, each of whom shall reside in Schley County, shall be over the age of 21 years, shall not have been convicted of a felony, a misdemeanor

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of a high and aggravated nature, or a crime of moral turpitude, and shall not hold any other appointed or elected position in Schley County or a municipality thereof; provided, however, that two members may be members of the Board of Commissioners of Schley County. (c) The Board of Commissioners of Schley County shall appoint the members of the authority, one of whom may be the county manager. The Board of Commissioners of Schley County shall appoint three of the initial members for initial terms of four years and two of the initial members for initial terms of two years. Subsequent appointments shall be made for terms of office of four years and such members shall serve until the successor is appointed and qualified. Vacancies on the authority's board shall be filled for an unexpired term by the Board of Commissioners of Schley County. (d) Any authority member who is convicted of a felony, a misdemeanor of a high and aggravated nature, or a crime of moral turpitude shall be removed from the authority upon the date of conviction, regardless of the status of any appeal. (e) The authority shall elect from its members a chairperson, a vice chairperson, a secretary, and a treasurer or a secretary-treasurer. All officers shall be voting members. (f) The members of the authority shall receive such compensation, if any, as determined by the Board of Commissioners of Schley County; provided, however, that any such compensation for any particular board member shall not be reduced during such board member's term of office. (g) A majority of the members shall constitute a quorum, and any action may be taken by the authority upon the affirmative vote of a majority of a quorum of the members. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. (h) The authority shall make rules and regulations for its own government. (i) The authority shall be subject to all the provisions of Chapters 14 and 18 of Title 50 of the O.C.G.A., the open meetings and open records laws of this state. (j) The authority shall have perpetual existence.

SECTION 4. Powers.

The authority shall have the following powers: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, or otherwise and to own, hold, operate, lease, maintain, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes; to use the same so long as its corporate existence shall continue; and

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to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority. The authority shall be under no obligation to accept and pay for any property condemned under this Act except from funds provided under the authority of this Act; and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the action or proceedings as may be just to the authority and to the owners of the property to be condemned; (4) To enter into an agreement with any and all persons, firms, corporations, counties, municipalities, and state or federal governments, and with any political subdivision thereof, with respect to acquiring a source of water supply; providing public services; preparing engineering data, plans, and specifications for said public services; extending said public service lines and facilities; apportioning the costs of constructing, extending, and maintaining the public services; providing for the testing and inspection of facilities constructed; providing for rates to be charged for said public services; keeping of permanent records; apportioning or designating the responsibility for any functions normally maintained by said public service systems; providing for the ownership of the various facilities constructed or acquired; and providing for such other matters or contingencies as might be necessary or desirable in order to secure for Schley County a satisfactory and reliable public services system at the most reasonable cost possible; (5) To appoint, select, and employ such officers, agents, and employees as necessary in the judgment of the authority to accomplish the purposes of the authority. The authority shall have the power to fix their respective compensation. The authority shall require bond of any person handling funds of the authority; (6) To make and execute contracts, leases, and instruments which shall be necessary or convenient, including contracts for acquisition and construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed or acquired. Any and all persons, firms, and corporations and any and all consolidated governments, political subdivisions, departments, institutions, agencies of the state, all special districts, municipal corporations, the federal government, and all of their respective agencies and political subdivisions are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. Without limiting the generality of the foregoing provisions of this subsection, authorization is specifically granted to consolidated governments, municipal corporations, and counties and to the authority to enter into contracts, lease agreements, franchising agreements, or other undertakings relative to the furnishing of said public services and facilities by the authority to such consolidated governments, municipal corporations, special districts, counties, and federal government and all of their respective agencies and political subdivisions for a term not exceeding 50 years. As to any consolidated government, political subdivision, department, institution, special district, federal government, this state, or any of their respective agencies which shall enter into an agreement under the provisions of this paragraph or in paragraph (4) of this section, the

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obligation to perform and fulfill such agreement shall constitute a general obligation of such entity for which its full faith and credit shall be pledged; (7) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage its public services; with the cost of such public services and projects to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof or from the state or any agency or instrumentality thereof; (8) To provide standards, regulations, and other requirements for the construction of projects by persons and entities other than the authority and to condition that authority's approval of subdivisions and other developments upon compliance with such standards; (9) To require, as a condition for the authority's approval of any subdivision development or other development of real property in the unincorporated area of Schley County, that all internal water and sewerage systems constructed in such development be deeded to the authority and connected to and served by the water and sewerage facilities of the authority where such connections are feasible; (10) To require that all persons and entities using public services in the unincorporated area of Schley County be required to connect to the water and sewerage systems owned and operated by the authority under such terms, conditions, and circumstances as provided by the authority; (11) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (12) To accept loans and grants of money or materials or property of any kind from the state or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the state or such agency or instrumentality or political subdivision may impose; (13) To borrow money for any of its corporate purposes and to execute notes or other evidences of such indebtedness and to secure the same; (14) To exercise any power usually possessed by private corporations performing similar functions; (15) To issue negotiable revenue bonds, payable solely from funds pledged for the purpose, and to provide for the payment of the same and for rights of the holders thereof; (16) To sue and be sued; (17) To sell or exchange its property at private sale if the authority obtains at least two certified appraisals, as defined in Code Section 43-39A-2 of the O.C.G.A., of the property and disposes of such property for at least the average of those appraisal prices for the property; (18) The authority and any trustee acting under any trust indenture are specifically authorized to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real and personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created, under such terms,

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notices, and conditions as may be established by the authority, except as such right and power may be limited as provided elsewhere in this Act; (19) Except as otherwise provided in this Act, the authority may exercise any of its powers or provide any of its services inside of any local government within Schley County when authorized by contract with the governing authority thereof; (20) To make and enforce rules and regulations for the management and operation of its public service systems which now exist and as hereafter added to, extended, or improved by any project or projects constructed after the provisions of this Act; (21) To prescribe, fix, and collect rates, fees, tolls, or charges of the authority and to revise from time to time and collect such rates, fees, tolls, or charges for said public services, facilities, or commodities furnished; and in anticipation of the collection of the revenues and income of such undertakings or projects, to issue revenue bonds as provided in this Act to finance in whole or in part the acquisition, construction, reconstruction, improvement, betterment, or extension of its public services systems and projects; and to pledge to the punctual payment of the bonds and interest thereon all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto; and to classify and differentiate such rates, fees, tolls, or charges in any reasonable manner, including, but not limited to, small, intermediate, and large consumers and industrial, commercial, and residential consumers. Additionally, and not in limitation of any of the foregoing, the authority, in fixing said public services rates, shall be fully authorized and empowered to comply with any state or federal Acts and any lawful regulations adopted pursuant to any such Act. As a limitation of the power of the authority, however, if at any time there are issued and outstanding revenue bonds for the payment of which the revenues of the authority are pledged, the authority shall make no decrease in rates or fees for said public services which will in any way impair the obligations contained in the revenue bonds; (22) To adopt rules and regulations providing for the suspension of service to delinquent customers. The authority, through its general manager, or such other employees as the authority designates, shall have the right and power to issue executions for any past due charges, which executions shall be a lien upon and against the land and other properties of the assessed party, which lien shall be of equal priority, rank, and dignity, having the same attributes, rights, and powers, as to collection and foreclosure thereof as an execution for unpaid ad valorem taxes of the County of Schley; provided, however, that no such lien shall exist as to third parties until execution therefor shall have been issued by the Superior Court of Schley County. In the event that sewerage service is discontinued pursuant to this section, the appropriate health authorities shall be immediately notified; (23) To acquire insurance for its property, its authority members, and its officers and employees on such terms and conditions and in such amounts as the authority deems appropriate in its judgment and discretion with the payment of premiums and charges therefor, together with any other costs incident thereto, to be paid in whole or in part by the authority and out of the general funds of the authority as the authority may determine;

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(24) To have all powers and authorities set forth under Code Section 36-82-62 of the O.C.G.A., et seq., and as subsequently amended; and (25) To do all things necessary or convenient to carry out the powers expressly given in this Act.

SECTION 5. Financing powers.

The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created in this Act, shall have power and is authorized to borrow money for the purpose of paying all or any part of the cost of the project, as defined in this Act, of any one or more projects and to provide by resolution for the issuance of negotiable revenue bonds for that purpose. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in this section for such payment. The bonds of each issue shall be dated, shall mature at such time or times not exceeding 40 years from their date or dates, shall bear interest at such rate or rates not to exceed the maximum bond limit prescribed in Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," as now or hereafter amended, and shall be payable in such medium of payment as to both principal and interest as may be determined by the authority and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Any bonds issued by the authority shall be exempt from all laws of this state governing usury or prescribing or limiting interest rates to be borne by bonds or other obligations.

SECTION 6. Revenue bonds; form; denominations; registration; place of payment.

The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside this state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest.

SECTION 7. Revenue bonds; signatures; seal.

All such bonds shall bear the manual or facsimile signature of the chairperson of the authority and the attesting manual or facsimile signature of the secretary of the authority, and the official seal of the authority or a facsimile thereof shall be affixed thereto, and any

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coupons attached thereto shall bear the facsimile signatures of the chairperson and the secretary of the authority. Any coupon may bear the facsimile signatures of such persons, and any bond may be signed, sealed, and attested on behalf of the authority by such person as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds, such person shall not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bonds or whose signature shall appear on any coupon shall cease to be such officer before delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery.

SECTION 8. Revenue bonds; negotiability; exemption from taxation.

All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds are declared to be issued for an essential public and governmental purpose, and said bonds and the income therefrom shall be exempt from all taxation within this state.

SECTION 9. Revenue bonds; sale; price.

The authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the authority.

SECTION 10. Revenue bonds; proceeds of bonds.

The proceeds of such bonds shall be used solely for the payment of the costs of the project or projects, and, unless otherwise provided in the resolution authorizing the issuance of the bonds or in any trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit which, unless otherwise provided for in the resolution authorizing the issuance of the bonds or in any trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund provided for in this Act to be used for paying the principal of and the interest on such bonds.

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SECTION 11. Revenue bonds; interim receipts and certificates or temporary bonds.

Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definite bonds upon the issuance of the latter.

SECTION 12. Revenue bonds; replacement of lost or mutilated bonds.

The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.

SECTION 13. Revenue bonds; conditions precedent to issue; object of issue.

Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolutions may be passed at any regular, special, or adjourned meeting of the authority by a majority of the quorum as provided in this Act.

SECTION 14. Revenue bonds; credit not pledged; special power of contract.

Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Schley County or a pledge of the faith and credit of the county, but the bonds shall be payable solely from the fund provided for in this Act, and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section; provided, however, that the governing authority of Schley County is authorized to contract with the authority for any of the undertakings authorized in this Act. Such county may in connection therewith, jointly or severally, use any funds from any lawful source or from the proceeds of the issue and sale of bonds for such purpose.

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SECTION 15. Revenue bonds; trust indenture as security.

In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside this state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of the revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property; the construction of the project; the maintenance, operation, repair, and insurance of the project; and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.

SECTION 16. Revenue bonds; to whom proceeds of bonds shall be paid.

The authority shall, in the resolution providing for the issuance of revenue bonds or in any trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person or any agency, bank, or trust company acting as trustee of such funds and shall hold and apply the same to the purposes provided for in this Act, subject to such regulations as this Act and such resolution or trust indenture may provide.

SECTION 17. Revenue bonds; sinking fund.

The revenues, fees, tolls, charges, and earnings derived from any particular project or projects, regardless of whether or not such fees, tolls, charges, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged

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and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide. Such funds so pledged from whatever source received, which pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which sinking fund shall be pledged to and charged with the payment of:
(1) The interest upon the revenue bond as such interest shall fall due; (2) The principal of the revenue bonds as the same shall fall due; (3) Any premium upon the revenue bonds acquired by redemption, payment, or otherwise; (4) The necessary charges of the paying agent or agents for paying principal and interest; and (5) Any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not be reissued, printed, and delivered.

SECTION 18. Revenue bonds; remedies of bondholders.

Any holder of revenue bonds issued under the provisions of this Act or of any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights given by this Act may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of this state or granted by this Act or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished.

SECTION 19. Revenue bonds; refunding bonds.

The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this

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Act and then outstanding, together with the accrued interest thereon and the premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.

SECTION 20. Revenue bonds; jurisdiction and venue.

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

SECTION 21. Revenue bonds; validation.

Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."

SECTION 22. Revenue bonds; interest of bondholders protected.

(a) While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. No other entity, department, agency, or authority shall be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. (b) The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions of this Act, shall constitute a contract with the holders of such bonds.

SECTION 23. Moneys received considered trust funds.

All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

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SECTION 24. Tort immunity.

To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as Schley 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, agent, and employees of Schley County when in performance of their public duties or work of the county.

SECTION 25. Rules and regulations for operation of projects.

It shall be the duty of the authority to prescribe rules and regulations for its own government and for the operation of the project or projects acquired or constructed under the provisions of this Act, including the basis on which said public service or public services and facilities shall be furnished.

SECTION 26. Powers declared supplemental and additional.

The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized by this Act and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing.

SECTION 27. Liberal construction of Act.

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

SECTION 28. Effect of partial invalidity of Act.

The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of any competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

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SECTION 29. Effective date.

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

SECTION 30. Repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced in the regular 2015 Session of the General Assembly of Georgia local legislation to establish the Schley County Utilities Authority, and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ed Harbison, who on oath deposes and says that he is the Senator from District 15 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Stewart Webster Journal which is the official organ of Schley County on February 26, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ED HARBISON Ed Harbison Senator, District 15
Sworn to and subscribed before me, this 13th day of March, 2015.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)
Approved May 12, 2015.

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CITY OF LAWRENCEVILLE LAWRENCEVILLE BUILDING AUTHORITY; CREATION.

No. 295 (Senate Bill No. 224).

AN ACT

To create the Lawrenceville Building Authority as a public corporation and an instrumentality of the State of Georgia; to provide for a short title; to authorize the authority to acquire, construct, own, and convey real property and personal property and to sue and be sued; to authorize the authority to enter into intergovernmental contracts and contracts with private persons; to confer upon the authority the power of eminent domain; to authorize the authority to enter into contracts, lease agreements, and installment sale agreements; to authorize the authority to accept grants and gifts; to authorize the authority to fix and collect fees and charges for the use or for the rental of its facilities; to provide for the membership of the authority; to authorize the authority to acquire, construct, equip, maintain, and operate projects; to authorize the authority to acquire the necessary property therefor and to lease or sell any or all of such facilities; to authorize the authority to sell its contracts, lease agreements, or installment sale agreements or its right to receive payments thereunder, either directly or by creating interests therein; to authorize the issuance of revenue bonds of the authority, payable from the revenues, tolls, fees, charges, and earnings of the authority, including, but not limited to, amounts derived from leasing and selling facilities of the authority; to authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds and to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to provide that no debt of the State of Georgia or of the City of Lawrenceville, Georgia, shall be incurred in the exercise of any powers granted by this Act; to make the bonds of the authority exempt from taxation; to authorize the issuance of refunding bonds; to fix the venue of actions relating to any provision of this Act and to provide for the validation of bonds issued by the authority and of contracts between the authority and the City of Lawrenceville, Georgia; to prohibit the authority from levying any tax; to provide for the separate enactment of each provision of this Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

This Act shall be known and may be cited as the "Lawrenceville Building Authority Act."

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SECTION 2.

There is created a body corporate and politic to be known as the Lawrenceville Building Authority, herein called the "Authority," which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style, and title to be known. Such corporation shall be separate and distinct from any public corporation heretofore created by the General Assembly and shall be an instrumentality of the State of Georgia exercising governmental powers. All property owned by such corporation shall be public property held and owned for governmental purposes and shall be exempt from taxation.

SECTION 3.

The authority shall have the power: (1) To hold, own, and convey real and personal property; (2) To sue and be sued; (3) To have and to use a seal and to alter the same at pleasure; (4) To acquire, construct, purchase, own, equip, operate, extend, improve, lease, and sell any project as hereinafter defined; (5) To exercise the powers conferred upon a public corporation or a public authority by Article IX, Section III, Paragraph I of the Constitution of Georgia, such Authority being hereby expressly declared to be a public corporation or a public authority within the meaning of such provision of the Constitution of Georgia; (6) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws of the State of Georgia applicable to the condemnation of property for public use, including the power to proceed as a condemning body under the provisions of Article 2 of Chapter 2 of Title 22 of the Official Code of Georgia Annotated, relating to proceedings before a special master, or by gift, grant, lease, or otherwise, real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use, sale, or disposition of the same in any manner it deems to the best advantage of the authority. Title to any such property shall be held by the authority exclusively for the benefit of the public. The authority shall be under no obligation to accept and pay for any property condemned as provided herein except from the funds provided therefor, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired as provided herein upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money shall be deposited in trust to pay and redeem the amount of such lien or encumbrance. If the authority shall deem it expedient to construct any project on lands

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which are subject to the control of the City of Lawrenceville, Georgia, the City of Lawrenceville, Georgia, is authorized to convey such lands to the authority for such consideration as may be agreed upon by the authority and the City of Lawrenceville, Georgia, taking into consideration the public benefit to be derived from such conveyance; (7) To accept gifts and bequests for its corporate purposes; (8) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and to fix their compensation; (9) To make and execute with public and private persons and corporations contracts, lease agreements, rental agreements, installment sale agreements, and other instruments relating to its projects and incident to the exercise of the powers of the authority, including contracts for constructing, renting, leasing, and selling its projects for the benefit of the City of Lawrenceville, Georgia; and, without limiting the generality of the foregoing, authority is specifically granted to the City of Lawrenceville, Georgia, to enter into contracts, lease agreements, rental agreements, installment sale agreements, and related agreements with the authority for a term not exceeding 50 years; (10) To sell or assign its rights under its contracts, lease agreements, or installment sale agreements or its right to receive payments thereunder, either directly or through trust or custodial arrangements whereby interests are created in such contracts, lease agreements, or installment sale agreements or the payments to be received thereunder through the issuance of trust certificates, certificates of participation, custodial receipts, or other similar instruments; (11) To accept loans and grants of money or property of any kind from the United States, the State of Georgia, or any political subdivision of the State of Georgia; (12) To borrow money for any of its corporate purposes and to issue revenue bonds payable solely from funds or revenues of the authority pledged for that purpose and to pledge and assign any of its revenues, income, rent, charges, and fees to provide for the payment of the same and to provide for the rights of the holders of such revenue bonds; and (13) To make such rules and regulations governing its employees and property as it may in its discretion deem proper.

SECTION 4.

The authority shall consist of five members who shall be residents of the City of Lawrenceville, Georgia, who shall be eligible to succeed themselves, and who shall be appointed by the city council of the City of Lawrenceville, Georgia. The mayor and other members of the city council shall be eligible to be appointed to and to serve on the authority. The members of the authority shall hold office for terms of four years and until their successors shall be appointed; provided, however, that of the original members appointed to the authority, three shall be appointed for terms of one year and two shall be appointed for terms of three years. Upon the expiration of each of such initial terms, the successors shall

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be appointed for terms of four years. Any vacancy on the authority shall be filled for the unexpired term by the city council. Immediately after their appointment, the members of the authority shall enter upon their duties. Three members of the authority shall constitute a quorum, and no vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority, and in every instance, a majority vote of a quorum shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds. The authority shall elect one of its members as chairperson and shall elect a secretary and treasurer who need not necessarily be a member of the authority. The members of the authority shall not be entitled to compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority shall make rules and regulations for its own government. It shall have perpetual existence. Any change in name or composition of the authority shall in no way affect the vested rights of any person under the provisions of this Act or impair the obligations of any contracts existing under this Act.

SECTION 5.

As used in this Act, the term: (1) "Authority" shall mean the Lawrenceville Building Authority created in Section 2 of this Act. (2) "Cost of the project" shall include the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of buildings, improvements, materials, labor, and services contracted for, the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after the completion of construction, engineering, architectural, fiscal, accounting, inspection, and legal expenses, cost of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the acquisition, construction, renovation, reconstruction, or remodeling of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the authority, including proceeds of any revenue bonds issued under the provisions of this Act for any such project or projects and the proceeds of the sale of any contracts, lease agreements, or installment sale agreements or the amounts payable thereunder, either directly or by the creation of interests therein. (3) "Project" shall mean and include real and personal property, including buildings and related facilities and equipment, which are necessary or convenient for the efficient operation of the City of Lawrenceville, Georgia. Any project shall be deemed self-liquidating if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all properties used, leased, and sold in connection therewith

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will be sufficient to pay the cost of operating, maintaining, and repairing the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. (4) "Revenue bonds" shall mean revenue bonds issued by the authority pursuant to the terms of this Act and Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, the "Revenue Bond Law."

SECTION 6.

The authority shall have power and is hereby authorized from time to time to provide by resolution for the issuance of negotiable revenue bonds in the manner provided by Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, the "Revenue Bond Law," for the purpose of paying all or any part of the cost of any one or more projects, including the cost of constructing, reconstructing, equipping, extending, adding to, or improving any such project, or for the purpose of refunding, as herein provided, any such bonds of the authority previously issued. The principal of and interest on such revenue bonds shall be payable solely from such part of the revenues and earnings of such project or projects as may be designated in the resolution of the authority authorizing the issuance of such revenue bonds. The revenue bonds of each issue shall be issued and validated under and in accordance with the provisions of Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, the "Revenue Bond Law."

SECTION 7.

All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of this state. Such bonds are declared to be issued for an essential public and governmental purpose, and such bonds and the income thereof shall be exempt from all taxation within this state.

SECTION 8.

Revenue bonds issued under the provisions of this Act shall not constitute a debt or a pledge of the faith and credit of the State of Georgia or of the City of Lawrenceville, Georgia, but such bonds shall be payable solely from such part of the revenues and earnings of such project or projects as may be designated in the resolution of the authority authorizing the issuance of such bonds. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the State of Georgia or the City of Lawrenceville, Georgia, to levy or to pledge any form of taxation whatever for the payment thereof. No holder of any bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the State of Georgia or the City of Lawrenceville, Georgia,

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nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such bonds shall contain on their face a recital setting forth substantially the foregoing provisions of this section. The City of Lawrenceville, Georgia, however, may obligate itself to pay the amounts required under any contract entered into with the authority from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred with the authority, and from any other source; and the obligation to make such payments shall constitute a general obligation and a pledge of the full faith and credit of the City of Lawrenceville, Georgia, but shall not constitute a debt of the City of Lawrenceville, Georgia, within the meaning of the Constitution of the State of Georgia, Article IX, Section V, Paragraph I; and when the City of Lawrenceville, Georgia, contracts with the authority to make such payments from taxes to be levied for that purpose, then the obligation shall be mandatory to levy and collect such taxes from year to year in an amount sufficient to fulfill and fully comply with the terms of such contract.

SECTION 9.

In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State of Georgia. Such trust indenture may pledge or assign fees, tolls, rents, revenues, and earnings to be received by the authority, including the proceeds derived from the sale or lease, from time to time, of any project. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition and construction of any project, the maintenance, operation, repair, and insurance of any project, and the custody, safeguarding, and application of all monies, including the proceeds derived from the sale or lease of any project, and may also provide that any project shall be acquired and constructed under the supervision and approval of consulting engineers or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds pledging all or any part of the revenues and earnings of such project or projects may be issued. Such indenture may set forth the rights and remedies of the bondholders and of the trustee. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.

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SECTION 10.

The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued and any monies derived from the sale of any properties, both real and personal, of the authority, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust indenture may provide, and such funds so pledged, from whatever source received, which pledge may include funds received from one or more or all sources not previously pledged and allocated, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund, which sinking fund shall be pledged to and charged with the payments of:
(1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of any paying agent or agents for paying principal and interest; and (4) Any premium upon bonds retired by call or purchase. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds issued pursuant to such resolution or trust indenture without distinction or priority of one over another.

SECTION 11.

The authority is hereby authorized to provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and any premium required for the payment of such bonds prior to maturity. The issuance of such revenue bonds and all the details thereof, the rights of the holders thereof, and the duties of the authority with respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.

SECTION 12.

The principal office of the authority shall be in the City of Lawrenceville, Georgia, and the venue of any action against it shall be in Gwinnett County. Any action pertaining to the validation of any bonds issued under the provisions of this Act and for the validation of any contract entered into by the authority shall be brought in the Superior Court of Gwinnett County, and such court shall have exclusive original jurisdiction of such actions. Service

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upon the authority of any process, subpoena, or summons shall be effected by serving the same personally upon any member of the authority.

SECTION 13.

Revenue bonds of the authority shall be confirmed and validated in accordance with the procedure now or hereafter set forth in Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, the "Revenue Bond Law," as the same now exists or may hereafter be amended. The petition for validation shall also make a party defendant to such action the City of Lawrenceville, Georgia, if such city has or will contract with the authority with respect to the project for which bonds are to be issued and are sought to be validated, and the City of Lawrenceville, Georgia, shall be required to show cause, if any exists, why such contract and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract adjudicated as security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to the validity of such bonds against the authority, and the validity of the contract and of the terms and conditions thereof, when validated, and the judgment of validation shall be final and conclusive against the City of Lawrenceville, Georgia, if it is a party to the validation proceeding as herein provided for.

SECTION 14.

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

SECTION 15.

All monies received by the authority pursuant to this Act, whether as proceeds from the sale of revenue bonds or contracts of the authority, as grants or other contributions, or as revenues, income, fees, and earnings, shall be deemed to be the trust funds to be held and applied solely as provided in this Act and in such resolutions and trust indentures as may be adopted and entered into by the authority pursuant to this Act.

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SECTION 16.

The authority is hereby authorized to prescribe and fix and collect rates, fees, tolls, rents, and charges and to revise, from time to time, and collect such revised rates, fees, tolls, rents, and charges for the services, facilities, or commodities furnished, including leases, concessions, or subleases of its projects, and to determine the price and terms at and under which its projects may be sold.

SECTION 17.

The exercise of the powers conferred upon the authority hereunder shall constitute an essential governmental function for a public purpose, and the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation and maintenance of property acquired by it or of buildings erected or acquired by it or any fees, rentals, or other charges for the use of such property or buildings or other income received by the authority. The tax exemption herein provided shall not include an exemption from sales and use tax on property purchased by or for the use of the authority.

SECTION 18.

The authority shall have the same immunity and exemption from liability for torts and negligence as the City of Lawrenceville, Georgia, and the officers, agents, and employees of the authority, when in performance of work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of the City of Lawrenceville, Georgia. The authority may be sued the same as may private corporations on any contractual obligation of the authority.

SECTION 19.

The property of the authority shall not be subject to levy and sale under legal process.

SECTION 20.

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 21.

The authority shall not have the right to impose any tax on any person or property.

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SECTION 22.

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

SECTION 23.

Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect the remainder of this Act or any part hereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof.

SECTION 24.

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

SECTION 25.

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 2015 session of the General Assembly of Georgia a bill to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Lawrenceville Building Authority; to provide for related matters; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, P. K. Martin, who on oath deposes and says that he is the Senator from District 9 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on March 13, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ P. K. MARTIN P. K. Martin Senator, District 9

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Sworn to and subscribed before me, this 16th day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

CITY OF CONYERS CITY OF CONYERS PUBLIC FACILITIES AUTHORITY; CREATION.

No. 296 (Senate Bill No. 231).

AN ACT

To create the City of Conyers Public Facilities Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds by the authority; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to exempt the property and revenue bonds of the authority from taxation; to provide for severability; to provide a short title; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Short title.

This Act shall be known and may be cited as the "City of Conyers Public Facilities Authority Act."

SECTION 2. City of Conyers Public Facilities Authority.

(a) There is hereby created a public body corporate and politic to be known as the "City of Conyers Public Facilities Authority," which shall be deemed to be a political subdivision of the state and a public corporation, and by that name, style, and title such body may contract

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and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) The authority shall consist of five members who shall be appointed by the mayor and council of the city. The mayor and councilmembers may be appointed as members of the authority. With respect to the initial appointments, two members shall be appointed for terms of three years, two members shall be appointed for terms of two years, and one member shall be appointed for a term of one year. Thereafter, all appointments shall be made for terms of three years and until successors are appointed and qualified. Immediately after such appointments, the members of the authority shall enter upon their duties. To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age, shall be a resident of the city for at least two years prior to the date of his or her appointment, and shall not have been convicted of a felony. Any member of the authority may be selected and appointed to succeed himself or herself. (c) The members shall not be compensated for their services; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (d) The members of the authority shall elect one of their number as chairperson and another as vice chairperson. The members of the authority shall also elect a secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary or treasurer is not a member of the authority, such officer shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. (e) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority.

SECTION 3. Definitions.

As used in this Act, the term: (1) "Authority" means the City of Conyers Public Facilities Authority created by this Act. (2) "City" means the City of Conyers. (3) "City council" means the mayor and council of the City of Conyers. (4) "Costs of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for six months after completion of construction; the cost of engineering, architectural, fiscal agents, accounting, legal, plans and specifications, and other expenses necessary or incidental to determining the feasibility or practicability of the project; administrative expenses; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, maintain, or finance the project.

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(5) "Project" means: (A) All buildings, facilities, and equipment necessary or convenient for the efficient operation of the city or any department, agency, division, or commission thereof; and (B) Any "undertaking" permitted by the Revenue Bond Law.
(6) "Revenue Bond Law" means Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law" of the State of Georgia, as amended, or any other similar law hereinafter enacted. (7) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act. (8) "Self liquidating" means any project which the revenues and earnings to be derived by the authority therefrom, including, but not limited to, any contractual payments with governmental or private entities, and all properties used, leased, and sold in connection therewith, together with any grants and any other available funds, will be sufficient to pay the costs of operating, maintaining, and repairing the project and to pay the principal and interest on the revenue bonds or other obligations which may be issued for the purpose of paying the costs of the project. (9) "State" means the State of Georgia.

SECTION 4. Powers.

The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, condemnation, or otherwise, and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire, construct, add to, extend, improve, equip, operate, maintain, lease, and dispose of projects; (4) To execute contracts, leases, installment sales agreements, or other agreements and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, maintenance, disposition, and financing of a project; (5) To appoint, select, and employ officers, agents, and employees, including, but not limited to, engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (6) To pay the costs of the project with the proceeds of revenue bonds, notes, 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 municipality or political subdivision thereof or from any other source whatsoever;

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(7) To pledge to the payment of revenue bonds, notes, and other forms of obligations issued by the authority any and all revenues and properties of the authority, both real and personal; (8) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (9) To accept loans and grants of money or materials or property of any kind from the state or any agency, instrumentality, municipality, or political subdivision thereof, upon such terms and conditions as the state or such agency, instrumentality, municipality, or political subdivision may require; (10) To borrow money for any of its corporate purposes and to issue and execute revenue bonds, notes, and other forms of obligations, deeds to secure debt, security agreements, and such other instruments as may be necessary or convenient to evidence and secure such borrowing; (11) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business is transacted; (12) To prescribe rules, regulations, service policies, and procedures for the operation of any project; (13) To exercise any power usually possessed by private corporations performing similar functions; and (14) To do all things necessary or convenient to carry out the powers expressly given in this Act.

SECTION 5. Revenue bonds.

The authority shall have power and is hereby authorized to provide by resolution for the issuance of revenue bonds 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 revenues and properties pledged to the payment of such revenue bonds. The revenue bonds issued by the authority shall contain such terms as the authority shall determine are in the best interest of the authority, provided that no revenue bonds shall have a maturity exceeding 40 years.

SECTION 6. Same; signatures; seal.

All such revenue bonds shall bear the manual or facsimile signature of the chairperson or vice chairperson of the authority and the attesting manual or facsimile signature of the secretary, assistant secretary, or secretary-treasurer of the authority, and the official seal of the authority shall be impressed or imprinted thereon. Any revenue bonds may bear the

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manual or facsimile signature of such persons as at the actual time of the execution of such revenue bonds shall be duly authorized or hold the proper office, although at the date of issuance of such revenue bonds such person may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any revenue bond shall cease to be such officer before the delivery of such revenue bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if that person had remained in office until such delivery.

SECTION 7. Same; negotiability; exemption from taxation.

All revenue bonds shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of the state. All revenue bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state.

SECTION 8. Same; conditions precedent to issuance.

The authority shall adopt a resolution authorizing the issuance of the revenue bonds. In the resolution, the authority shall determine that the project financed or refinanced with the proceeds of the revenue bonds is self liquidating. Revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority.

SECTION 9. Same; credit not pledged.

Revenue bonds shall not be deemed to constitute a debt of the state or the city nor a pledge of the faith and credit of the state or the city. Revenue bonds shall be payable solely from the revenues and properties pledged to the payment of such revenue bonds. The issuance of revenue bonds shall not directly, indirectly, or contingently obligate the state or the city to levy or to pledge any form of taxation whatsoever for payment of such revenue bonds or to make any appropriation for their payment. All revenue bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Notwithstanding the foregoing provisions, this Act shall not affect the ability of the authority and the city from entering into an intergovernmental contract pursuant to which the city agrees to pay amounts sufficient to pay operating charges and other costs of the authority or any project including,

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without limitation, the principal of and interest on revenue bonds in consideration for services or facilities of the authority.

SECTION 10. Same; trust indenture as security.

In the discretion of the authority, any issuance of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition and construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all monies.

SECTION 11. Same; remedies of bondholders.

Any holder of revenue bonds and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the revenue bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights it may have under the laws of the state, including specifically, but without limitation, the Revenue Bond Law, or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished.

SECTION 12. Same; validation.

Revenue bonds and the security therefor shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action the city if the city has contracted with the authority for services or facilities relating to the project for which revenue bonds are to be issued and sought to be validated, and such defendant shall be required to show cause, if any exists, why such contract or contracts shall not be adjudicated as a part of the basis for the security for the payment of any such revenue bonds. The revenue bonds when validated and the judgment of validation shall be final and conclusive with respect to such revenue bonds and the

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security for the payment thereof and interest thereon and against the authority and all other defendants.

SECTION 13. Same; interest of bondholders protected.

While any of the revenue bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or its officers, employees, or agents, shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such revenue bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such revenue bonds. The provisions of this Act shall be for the benefit of the authority and the holders of any such revenue bonds, and upon the issuance of such revenue bonds under the provisions hereof, shall constitute a contract with the holders of such revenue bonds.

SECTION 14. Venue and jurisdiction.

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

SECTION 15. Monies received considered trust funds.

All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

SECTION 16. Purpose of the authority; scope of operations.

Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of providing public buildings, facilities, equipment, and services for the citizens in the city. The scope of operations of the authority shall be limited to the city.

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SECTION 17. Tort immunity.

To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as the city. The officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the city when in the performance of their public duties or work of the city.

SECTION 18. Tax exemption.

The income of the authority, the properties of the authority, both real and personal, and all revenue bonds, notes, and other forms of obligations issued by the authority shall be exempt from all state and local taxes and special assessments of any kind.

SECTION 19. Effect on other governments.

This Act shall not and does not in any way take from the city the authority to own, operate, and maintain public facilities or to issue revenue bonds as provided by the Revenue Bond Law.

SECTION 20. Liberal construction of act.

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

SECTION 21. Severability; effect of partial invalidity of Act.

The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

SECTION 22. Effective date.

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

GEORGIA LAWS 2015 SESSION SECTION 23. Repealer.
All laws and parts of laws in conflict with this Act are hereby repealed.

4237

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to create the City of Conyers Public Facilities Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority; to fix and provide the venue and jurisdiction of actions relating to any provisions of the Act; to exempt the property and revenue bonds of the authority from taxation; to provide for severability; to provide a short title; to provide for related matters; to provide an effective date; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ronald Ramsey, Sr., who on oath deposes and says that he is the Senator from District 43 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County on March 14, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ RONALD RAMSEY, SR. Ronald Ramsey, Sr. Senator, District 43
Sworn to and subscribed before me, this 20th day of March, 2015.
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)
Approved May 12, 2015.

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WHITE COUNTY BOARD OF EDUCATION; COMPENSATION.

No. 297 (Senate Bill No. 237).

AN ACT

To provide for the compensation of the members of the Board of Education of White County; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The chairperson and members of the Board of Education of White County shall be compensated in the amount of $150.00 for each duly called and noticed meeting attended at which a quorum is present.

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 2015 session of the General Assembly of Georgia a bill to provide for the compensation of the members of the Board of Education of White County; and for other purposes.
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 March 12, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ STEVE GOOCH Steve Gooch Senator, District 51

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Sworn to and subscribed before me, this 23rd day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

BAINBRIDGE-DECATUR COUNTY RECREATION AUTHORITY CREATION.

No. 298 (Senate Bill No. 238).

AN ACT

To create the Bainbridge-Decatur County Recreation Authority and to authorize such authority to provide recreational services throughout Decatur County; to provide a short title; to provide for the membership and for the appointment of members of the authority; to define relevant terms; to confer powers to develop and provide recreational programs, activities, and services; to provide for employment of parks and recreation directors, supervisors, superintendents, playground leaders, maintenance personnel, administrative personnel, and any other personnel necessary for such purpose; to confer powers to lease, acquire, own, construct, develop, provide, equip, maintain, and operate athletic and recreational centers, facilities, and areas of all kinds, including, but not limited to, playgrounds, parks, swimming pools, diving and wading pools, hiking and camping areas and facilities, picnicking areas and facilities, lakes and ponds, tennis courts, athletic fields, athletic facilities and courts, fishing and boating facilities, skateboarding facilities, bike trails, club houses, gymnasiums, stadiums, auditoriums and amphitheaters, recreation centers and facilities, youth centers, lands for open spaces, senior citizen centers, golf courses, equestrian facilities, and the usual and convenient facilities, buildings, improvements, machinery, and equipment appertaining thereto and any and all extensions, additions, and improvements of such facilities; to acquire parking, concession, and dining facilities, and other property of any nature whatsoever deemed by the authority to be necessary, convenient, or desirable, in connection therewith; to acquire the necessary property therefor, both real and personal; and to lease, buy, and sell any or all of such facilities, including real and personal property; to confer powers and to impose duties on the authority; to authorize the authority to acquire by deed title to such recreational facilities, to contract with others pertaining to such recreational facilities, to execute leases on such facilities, to convey title to real property of the authority, and to do

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all things deemed necessary or convenient for the operation of such undertakings; to authorize the authority to lease such facilities from and to other political subdivisions, which leases shall obligate the lessees to make payment for the use of such facilities for the term thereof and to pledge to that purpose revenues derived from taxation; to provide that no debt of Decatur County, the municipalities located therein, or other political subdivisions, within the meaning of Article IX, Section III, Paragraph I of the Constitution of the State of Georgia, shall be incurred by exercise of the powers granted; to authorize the issuance of revenue bonds or obligations of the authority and the provision of security for the payment thereof; to grant the authority and its members certain immunities; to fix the venue or jurisdiction of actions; to provide for budgets and procedures in connection therewith; to provide for audits; to provide for funding; to provide for conveyance of property upon dissolution; to provide for construction of this Act; to provide for related matters; to provide for activation of the 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.

This Act shall be known and may be cited as the "Bainbridge-Decatur County Recreation Authority Act."

SECTION 2.

(a) There is created a body corporate and politic to be known as the Bainbridge-Decatur County Recreation Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation. By that name, style, and title, such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity, except that the authority shall in no event be liable for any torts committed by any of the respective officers, agents, and employees of the authority. The authority shall have its principal office in Decatur County, and its legal situs or residence for the purposes of this Act shall be Decatur County. The scope of the authority's operation shall be limited to the territory embraced within Decatur County. The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be owned or operated by the authority as provided under the provisions of this Act. (b) The authority shall consist of six members, with three members to be appointed by a majority vote of the Board of Commissioners of Decatur County and three members to be appointed by a majority vote of the mayor and council of the City of Bainbridge. The county administrator for Decatur County and the city manager for the City of Bainbridge shall be

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non-voting, ex officio members of the authority. The respective governing authority shall appoint the initial members of the authority on or before July 1, 2015. (c) To be eligible for membership on the authority, a person shall be 21 years of age, shall have been a resident of Decatur County for at least two years, shall reside in Decatur County during his or her membership, and shall not hold an elected or appointed public office in Decatur County or any of its municipalities at the time of the appointment. (d) The terms of the membership of the authority members shall be as follows: one of Decatur County's initial three appointees and one of the City of Bainbridge's initial three appointees shall serve a term to expire December 31, 2016. One of Decatur County's initial three appointees and one of the City of Bainbridge's initial three appointees shall serve a term to expire December 31, 2017. One of Decatur County's initial three appointees and one of the City of Bainbridge's initial three appointees shall serve a term to expire December 31, 2018. Thereafter, all appointees shall serve a term of three years. Members may succeed themselves in office. (e) The members of the authority shall enter upon their duties immediately upon their appointment. (f) The office of any member of the authority shall be declared vacant upon a determination by a majority of the members of the authority that such authority member has been, while in office, arrested for or convicted of a felony, a misdemeanor of a high and aggravated nature, or a crime involving moral turpitude; has moved such member's residence from Decatur County; or has been elected or appointed to another public office during the term of the appointment during such member's term of office. The authority shall be authorized to remove from office any member of the authority by a two-thirds' vote in the event that such member of the authority is found to be guilty of misfeasance or malfeasance in office, is found to have failed to attend three or more successive regular meetings of the authority without a reasonable excuse approved by a resolution adopted by the authority, or who is found to have engaged in actions or activities which are detrimental to the carrying out of the duties and obligations of the authority. (g) Any vacancy on the authority shall be filled within 60 days through appointment by a majority vote of the governing authority that had appointed the authority member whose resignation, removal, or ineligibility resulted in such vacancy. The person so appointed shall serve for the remainder of the unexpired term. (h) At the inception of the authority and during the month of January of each year thereafter except as hereinafter provided, the authority shall elect, as provided in this Act, one of its members as chairperson, vice chairperson, and a secretary-treasurer. Such officers shall serve a term of one year beginning on the date of their election and ending December 31 of the same year, or until their successors are duly elected and qualified. The first chairperson shall be elected by a majority vote of the members who are appointed by the Board of Commissioners of Decatur County. The first vice chairperson shall be elected by a majority vote of the members who are appointed by the Mayor and Council of the City of Bainbridge. The secretary-treasurer shall be elected by a majority vote of the members of the authority.

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The first chairperson, vice chairperson, and secretary-treasurer shall serve until December 31, 2016. Thereafter, in years ending with odd numbers, the chairperson shall be elected by a majority vote of the members appointed by the Mayor and Council of the City of Bainbridge, and the vice chairperson shall be elected by a majority vote of the members of the authority appointed by the Board of Commissioners of Decatur County. In the years ending with even numbers, the chairperson shall be elected by a majority vote of the members appointed by the Board of Commissioners of Decatur County, and the vice chairperson shall be elected by a majority vote of the members of the authority appointed by the Mayor and Council of the City of Bainbridge. The chairperson shall have such powers and duties as granted from time to time by resolution of the authority. When the vice chairperson is acting on behalf of the chairperson, the vice chairperson shall have the same duties and powers of the chairperson. The chairperson shall only have the right to vote on any matter coming before the authority when necessary to break a tie between the governing members of the authority. (i) The authority shall meet at least once monthly for the transaction of business. The authority may convene in special meetings on the call of the chairperson. If the chairperson is unable or fails to call a special meeting upon request of an authority member, the authority may convene a special meeting upon call by a majority of its members. (j) A majority of the members of the authority shall constitute a quorum, but no action may be taken by the members of the authority without the affirmative vote of a majority of the full membership of the authority. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. (k) The authority shall make bylaws and other rules and regulations for its own governance, which may include the use of Robert's Rules of Order, and may amend such rules and regulations by a majority vote of the authority. The authority may delegate to one or more of its officers, agents, or employees such powers and duties as may be deemed necessary and proper. (l) The members of the authority shall receive no compensation for their services but shall be reimbursed from any available funds for their actual and necessary expenses incurred in the performance of their duties. (m) No member of the authority shall have, directly or indirectly, any financial interest, profit, or benefit in any contract, work, or business of the authority, nor in the sale, lease, or purchase of any property to or from the authority unless:
(1) Any interest, profit, or benefit by such member is disclosed in advance to the other members of the authority and is recorded in the minutes of the authority; (2) Such member having any such interest, profit, or benefit is not present during that portion of an authority meeting when such contract, work, business, sale, lease, or purchase is being discussed; and (3) Such member having such interest, profit, or benefit does not participate in any decision of the authority relating to such matter.

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As used in this section, an "interest, profit, or benefit" shall mean any interest which reasonably may be expected to result in a direct financial benefit to such member as determined by the authority, which determination shall be final and not subject to review. (n) All meetings of the authority shall be open to the public to the extent provided in Chapter 14 of Title 50 of the O.C.G.A. (o) The authority shall have perpetual existence.

SECTION 3.

(a) As used in this Act, the term: (1) "Authority" shall mean the Bainbridge-Decatur County Recreation Authority created in Section 2 of this Act. (2) "Cost of the project" shall mean and include: (A) All costs of construction, purchase, lease, or other forms of acquisition; (B) All costs of real property and any interest therein or thereto incurred in connection with a project, including, without limitation, land, improvements, franchises, easements, water rights, fees, permits, approvals, licenses, and the securing thereof and applying therefor; (C) All costs of personal property and any interest therein or thereto incurred in connection with a project including, without limitation, furniture, machinery, equipment, initial fuel, and other supplies; (D) Financing charges and interest prior to and during construction and for such additional period as the authority may reasonably determine to be necessary or desirable in order to place such project in operation; (E) Costs of engineering, architectural, fiscal, and legal services; (F) Cost of plans and specifications and all other expenses necessary or incidental to the acquisition, construction, or equipping of any project or to determining the feasibility or practicability of any project; (G) Fees paid to fiscal agents for financial and other advice or supervision; and (H) Cost of administrative services and such other expenses as may be necessary or incident to the financing authorized by this Act. The cost of a project may also include the payment of any loan made for the advance payment of any part of such cost, including interest thereon, and the costs of funding any debt service reserve or other reserves, as may be reasonably required by the authority with respect to the financing or operation of any project. Any obligation or expense incurred for any of the purposes outlined in this paragraph shall be regarded as part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds, notes, or other obligations of the authority issued pursuant to this Act. (3) "Project" shall mean and include the acquisition, construction, installation, modification, renovation, rehabilitation, equipping, maintenance, and operation of parks, athletic, and recreational centers, facilities, and areas of any and all kinds including, but not

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limited to, playgrounds, parks, swimming pools, diving and wading pools, hiking and camping areas and facilities, picnicking areas and facilities, lakes and ponds, tennis courts, athletic fields, athletic facilities, athletic courts, fishing and boating facilities, skateboarding facilities, bike trails, club houses, gymnasiums, stadiums, auditoriums and amphitheaters, recreation centers and facilities, youth centers, lands for open space, senior citizen centers, golf courses, and equestrian facilities; the usual and convenient facilities, buildings, improvements, machinery, and equipment appertaining thereto and any and all extensions, additions, and improvements of such facilities; the acquisition, construction, installation, modification, renovation, rehabilitation, equipping, maintenance, and operation of any parking, concession, and dining facilities thereto; and other property of any nature whatsoever including, without limitation, land, buildings, improvements, structures, machinery, equipment, and furniture or areas, deemed by the authority to be necessary, convenient, or desirable in connection with any such parks, athletic, or recreational centers, facilities, and areas. (4) "Revenue bonds" and "bonds" mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and which may be issued by the authority as authorized under such article and any amendments thereto. (b) Any project shall be deemed "self liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom, including the anticipated revenues and earnings from the lease of any project, and all properties used, leased, and sold in connection therewith shall be sufficient to pay the cost of acquiring, operating, maintaining, repairing, improving, or extending the project and to pay the principal of and interest on the revenue bonds or other obligations that may be issued to finance, in whole or in part, the cost of such project or projects.

SECTION 4.

(a) The authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act including, without limitation, the following powers:
(1) To adopt a seal and alter the same at its pleasure; (2) To provide recreational services throughout Decatur County; (3) To provide park services throughout Decatur County; (4) To develop, provide, maintain, and operate any project; (5) To develop and provide athletic and recreational programs, activities, and services; (6) To employ or retain agents, engineers, attorneys, fiscal agents, accountants, architects, planners, consultants, parks and recreation directors, supervisors, superintendents, playground leaders, maintenance personnel, administrative personnel, and other personnel necessary for such purposes;

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(7) To acquire, construct, install, modify, renovate, rehabilitate, equip, maintain, and operate any project or portion thereof; (8) To acquire by purchase, lease, gift, construction, or otherwise any real or personal property, or any interest therein desired to be acquired, as part of any project or for the purpose of improving, extending, adding to, reconstructing, renovating, or remodeling any project or part thereof already acquired or for the purpose of demolition to make room for any project or any part thereof. If the authority shall deem it expedient to construct any project on any lands, the title to which shall then be in the State of Georgia, the Governor is authorized to convey for and on behalf of the state title to such lands to the authority upon the receipt of such lawful consideration as may be determined by the parties to such conveyance. If the authority shall deem it expedient to lease, acquire, and construct any project on any lands, the title to which shall be in the name of the Board of Commissioners of Decatur County or any municipality incorporated in that county, such entity is authorized in its discretion to lease or convey title to such lands to the authority upon the receipt of such lawful consideration as may be determined by the parties of such conveyances or upon payment for the credit of the general funds of such county or municipalities of the reasonable value of such lands. Such reasonable value shall be determined by mutual consent of such county or municipality and the authority or by an appraiser to be agreed upon by the governing authority or body of such county or municipality and the chairperson of the authority. If the authority shall deem it expedient to lease or acquire any real or personal property from the governing body of Decatur County or any municipality located therein, such governing body is authorized in its discretion to lease or convey title to such real or personal property to the authority without consideration from the authority to such governing body; (9) To sell, convey, or assign any real or personal property, contract rights, revenues, income, tolls, charges, or fees owned or received by the authority, provided that such conveyance or assignment is not prohibited by the deed of such property to the authority or otherwise prohibited by other contract of the authority; (10) To make, execute, and perform all contracts, leases, agreements, and other instruments deemed by the authority to be necessary or convenient in connection with the exercise by the authority of any of its powers, including contracts for the acquisition and construction of projects and leases of projects and contracts with respect to the use of projects which the authority causes to be erected or acquired. Such contracts may be made with any and all persons, firms, and corporations and with Decatur County or any municipality located in Decatur County, and with the State of Georgia, or any and all of its political subdivisions, departments, institutions, or agencies, all of whom are authorized to enter into contracts, leases, agreements, or instruments with the authority upon such terms and for such purposes as they deem advisable. Without limiting the generality of this paragraph, authorization is specifically granted to municipal corporations and counties and to the authority to enter into contracts, leases, and sublease-agreements with the State of Georgia, or any agencies or departments thereof, relative to any project or any property

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which such departments or agencies of the State of Georgia have now or may hereafter obtain by lease from the United States government, or any agencies or departments thereof, and the authority is specifically authorized to convey title in fee simple to any and all of its lands and any improvements thereon to any persons, firms, corporations, or municipalities or to the State of Georgia or to the United States government, or any agencies or departments thereof, subject to the rights and interest of the holders of any of the bonds or obligations issued pursuant to this Act and by the resolution or trust indenture of the authority authorizing the issuance of any of its bonds or obligations as provided in this Act, provided that such conveyance is not prohibited by the deed of such property to the authority or otherwise prohibited by other contract of the authority; (11) To construct, erect, acquire, own, repair, remodel, renovate, rehabilitate, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this Act, on land owned or leased by the authority or on land owned or leased by others, and to pay all or part of the cost of any such project from the proceeds of revenue bonds or obligations or other funds of the authority or from such proceeds or other funds or any contributions or grants from any person, firm, or corporation or from the United States of America, or any political subdivision thereof, the State of Georgia, or any political subdivision thereof, or any agency or instrumentality of any of the foregoing, all of which the authority is authorized to receive, accept, and use; (12) To accept and administer gifts, devises and grants of money, materials, or property of any kind and to administer trusts; (13) To borrow money for any of its corporate purposes and to execute and deliver notes, revenue bonds, and other evidences of such indebtedness and to use the proceeds thereof to pay all or any part of the cost of any project or refunding any outstanding indebtedness of the authority or to pay any other cost or expense of the authority incident to or necessary and appropriate to carry out the purposes of this Act; (14) As security for the repayment of any indebtedness or other obligations of the authority, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property, real or personal, of the authority and any income or revenues generated therefrom or otherwise, and to execute any trust agreement, indenture, security deed, mortgage, or security agreement containing any provisions not in conflict with law, provided that such trust agreement, indenture, security deed, mortgage, or security agreement, is not prohibited by the deed of such property to the authority or otherwise prohibited by other contract of the authority, which trust agreement, indenture, security deed, mortgage, or security agreement may provide for judicial or nonjudicial foreclosure or forced sale of any property of the authority upon default on such obligations, either in payment of any amount due and owing thereunder, or in the performance or satisfaction of any term or condition, as are contained in such trust agreement, indenture, security deed, mortgage or security agreement. The State of Georgia, on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein, waives any right which it or such county, municipal corporation, political subdivision, or taxing district may have to

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prevent the foreclosure or forced sale of any property of the authority so mortgaged or encumbered, and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof; (15) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution or laws of this state; (16) To do all things necessary or convenient to carry out the powers expressly given in this Act; and (17) To extend credit or make loans to any governmental body including, without limitation, Decatur County or any municipal corporation located therein for the planning, design, construction, acquisition, or carrying out of any project, which credit or loans may be secured by loan agreements, mortgages, security deeds, security agreements, contracts, and any other instruments, fees, or charges, and upon such terms and conditions, as the authority shall determine to be reasonable in connection with such loans. (b) The authority is specifically authorized from time to time to sell, lease, grant, exchange, transfer, assign, or otherwise dispose of any surplus property, both real and personal, or any interest therein, that the authority determines is no longer necessary or desirable in connection with its operation or purposes, provided that such sale, lease, grant, exchange, or other disposition is not prohibited by the deed of such property to the authority or otherwise prohibited by other contract of the authority. (c) Notwithstanding any other provision of this Act to the contrary, the authority shall not have the authority to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of any county or municipal corporation to the extent such is prohibited under Article III, Section VI, Paragraph V(e) of the Constitution of the State of Georgia.

SECTION 5.

The authority, or any other authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have the power and is authorized at any time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds or other notes, bond anticipation notes, or other evidences of indebtedness for the purpose of paying all or any part of the cost of any one or more projects or refunding any outstanding obligations of the authority. Such bonds or other debt instruments shall be dated and shall bear interest at such rate or rates, shall be payable on such dates, and shall otherwise have such terms and conditions as shall be determined by the authority. All revenue bonds shall be issued pursuant to and in conformity with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in the Revenue Bond Law and any amendments thereto.

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SECTION 6.

All revenue bonds and other debt instruments issued by the authority under the provisions of this Act are declared to be issued for an essential public and governmental purpose, and such bonds and other debt instruments, and the income thereof, shall be exempt from all taxation by the state.

SECTION 7.

Any revenue bonds or other debt instruments issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia, Decatur County, or any municipality within Decatur County or a pledge of the faith and credit thereof; provided, however, that such debt shall be payable solely from the rentals, revenues, earnings, and funds of the authority as provided in the resolution or contract authorizing the issuance and securing the payment of such bonds or other instruments. The issuance of such revenue bonds or other debt instruments shall not directly, indirectly, or contingently obligate the state or any political subdivision thereof, including Decatur County and the municipalities within Decatur County, to levy or to pledge any form of taxation whatsoever therefor or to make any appropriation for their payment, and all such bonds or other debt instruments shall contain recitals on their face covering substantially the foregoing provisions of this section. However, Decatur County, the municipalities within Decatur County, or any other political subdivision of the State of Georgia contracting with the authority may obligate itself to pay the amounts required under any contract entered into with the authority from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred under this section and from any other source. The obligation to make such payments may constitute a general obligation and a pledge of the full faith and credit of the obligor but shall not constitute a debt of the obligor within the meaning of Article IX, Section V, Paragraph I of the Constitution of the State of Georgia. When under any such contract payments are obligated to be made from taxes to be levied for that purpose, then the obligation to levy and collect such taxes from year to year in an amount sufficient to fulfill and fully comply with the terms of such contract shall be mandatory.

SECTION 8.

The exercise of the powers conferred upon the authority in this Act shall constitute an essential governmental function for a public purpose, and the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision, or upon its activities in the operation and maintenance of property acquired by it or of buildings erected or acquired by it or any fees, rentals, or other charges for the use of such property or buildings or other income received by the

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authority. The tax exemption provided in this Act shall not include an exemption from sales and use tax on property purchased by or for the use of the authority.

SECTION 9.

The authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia, and the officers, agents, and employees of the authority, when in performance of the work of the authority, shall have the same immunity 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. The property of the authority shall not be subject to levy and sale under legal process, except as may be contractually authorized by the authority.

SECTION 10.

Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Decatur County.

SECTION 11.

All funds received pursuant to this Act, whether as proceeds from the sale of revenue bonds or other debt instruments or obligations, or as loans, revenue, rents, fees, charges, or other earnings, or as grants, gifts, or other contributions, shall be deemed to be trust funds to be held and applied by the authority solely as provided in this Act.

SECTION 12.

(a) The authority shall be funded by the Board of Commissioners of Decatur County from county-wide revenues based on a dedicated county-wide millage to be shown as a separate line item on annual property tax bills. The minimum dedicated millage for fiscal years 2015-2016 and 2016-2017 shall be 1.5 mills of the county-wide digest and 1.25 each fiscal year thereafter. The Board of Commissioners of Decatur County may in its discretion fund the authority in any fiscal year in an amount in excess of said mills of the county-wide digest. (b) The authority shall develop a budget and a financial and program work plan for both capital and operational requirements for the authority's activities for each fiscal year. The authority's fiscal year shall commence July 1 and end June 30 of each calendar year. Such plan shall be known as the "Annual Operating and Capital Budget of the Bainbridge-Decatur County Recreation Authority." The budget and plan shall be adopted on or before June 30 of any given year, with an effective date of July 1. All projected revenues and estimated

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expenditures shall be clearly outlined as to source and expenditure classification and purpose. The authority shall balance its budget at the end of each fiscal year. (c) Each year the authority shall have made an independent audit and examination of the authority's financial records and transactions. Said audit shall be made in accordance with established national audit and accounting standards. Copies of said audit shall be available for public review. (d) The authority may contract for legal, financial, and auditing services but only with attorneys, financial advisors, and auditors, other than those employed by Decatur County or any of the municipalities located therein.

SECTION 13.

(a) The authority is authorized to appoint, select, and employ officers, agents, and employees to adopt rules regulations governing their services, fix their respective compensations and terms of employment, and to contract with other entities for the provision of personnel employed by such other entities to be provided on behalf of the authority, provided that such personnel shall be subject to all rules and regulations of the authority governing the services and compensation of employees of the authority. (b) The authority shall notify the City of Bainbridge of the number of employees that it will require to properly operate the facilities and programs of the authority. The City of Bainbridge shall transfer such employees as it does not need to perform its other public operations to the authority. Upon transfer of the employee to the authority, the employee shall become an employee of the authority and no longer an employee of the city. (c) The authority will use its best efforts to adopt a benefit plan so that the former city employee's benefit plan existing on date of transfer of the employee from the city to the authority will not be lost or reduced. (d) The transfer of employees shall be completed on or before December 31, 2016.

SECTION 14.

This Act and any other law enacted with reference to the authority shall be liberally construed for the accomplishment of the purposes of the authority.

SECTION 15.

When the authority for any reason is dissolved after full payment of all indebtedness incurred under the provisions of this Act, both as to principal and interest, title to any property held by the authority shall be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any deed of such property to the authority, including any deed or other conveyance document by which such property was conveyed to the authority by Decatur County or any city located therein, or title to all property of any kind and nature,

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real and personal, held by the authority at the time of such dissolution, shall be conveyed to Decatur County, subject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance.

SECTION 16.

The authority shall become active on July 1, 2015. The authority shall begin providing recreational services no later than July 1, 2016.

SECTION 17.

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

SECTION 18.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to create the Bainbridge-Decatur County Recreation Authority and to authorize such authority to provide recreation services throughout Decatur County; to provide for the membership of and appointment of members to the authority; to confer powers to acquire, own, construct, develop, lease, provide, maintain, and operate parks, playgrounds, recreation and athletic centers and facilities, and other parks and recreational facilities of all kinds and to develop and provide recreational programs, activities, and services; to authorize the issuance of revenue bonds or obligations of the authority; to provide for related matters; to provide an effective date; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dean Burke, who on oath deposes and says that he is the Senator from District 11 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Post Searchlight which is the official organ of Decatur County on March 14, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DEAN BURKE Dean Burke Senator, District 11

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Sworn to and subscribed before me, this 23rd day of March 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

CITY OF LESLIE NEW CHARTER.

No. 299 (Senate Bill No. 212).

AN ACT

To provide a new charter for the City of Leslie; 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 thereto; 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; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific law; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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ARTICLE I INCORPORATION AND 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, City of Leslie, Georgia, and by that name shall have perpetual succession.

SECTION 1.11. Corporate boundaries.

(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Leslie, 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 city council may provide by ordinance for the redrawing of any such map 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 this city shall be construed liberally in favor of the city. The specific mention of or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. (c) The corporate powers of the government of the City of Leslie 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; to provide for the impoundment of the same if in violation of

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any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purpose authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in O.C.G.A. Title 22 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 inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charges, taxes, or fees for such services as may be necessary for the operation of the city from all individuals, firms, and corporations residing or doing business therein; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose;

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(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 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 the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking on or off the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, authorities, 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 revenues to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of the same by the public and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; to provide for the withdrawal of service for refusal to pay the same; to authorize the extension of water, sewerage, and electrical distribution systems and all necessary appurtenances by which such utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (21) Nuisances. To define a nuisance and provide for its abatement, whether on public or private property; (22) Ordinances, rules, and regulations. To make, establish, and adopt such bylaws, ordinances, policies, and rules and regulations as shall appear necessary for the security, welfare, convenience, and interest of the city and the inhabitants thereof and for preserving the health, peace, order, and good governance of the city; (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, including implementation of a land use plan and enforcement of the goals and

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objectives in the land use plan, and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (25) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (26) Public hazards. 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, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, hospitals, sewers, drains, sewerage treatment, docks, parking facilities, and 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 other purposes, property may be acquired by condemnation under O.C.G.A. Title 22 or such other applicable laws as are or may hereafter be enacted; (28) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (29) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (30) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as these are not in conflict with valid regulations of the Public Service Commission; (31) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city, and to prescribe penalties and punishments for violations of such ordinances; (32) Retirement. To provide and maintain a retirement plan for employees of the city; (33) 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; to negotiate and execute leases over, through, and under any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city;

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to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (34) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or 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; to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials; and to provide for the sale of all solid waste; (36) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (37) Special assessments. To provide for the collection of special assessments to cover the cost of any public improvements; (38) Taxes, ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (39) Taxes, other. To levy and collect such other taxes as may be allowed now or in the future by law; (40) Taxicabs. To regulate and license vehicles operated for hire in the 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) Telecommunications. The city shall have the power and authority to acquire, own, hold, lease, sell, resell, build, maintain, operate, and contract with respect to a telecommunications systems network in order to provide telecommunications services and other similar services, including cable television services (CATV); to establish and charge rates, fees, tolls, and charges for the services, facilities, or commodities furnished or made available by such undertaking; to interconnect its system or services or both with the systems or services of consumers and other providers; to use telecommunications to respond to community needs; to encourage the development of information based

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organizations in the City of Leslie, Georgia; to finance from time to time any such telecommunications systems through the issuance of revenue bonds as then permitted by the Constitution and the laws of the State of Georgia; and to make any contract with respect to and furnish the services of any such systems to consumers inside or outside the corporate limits of the city; (42) Urban redevelopment. To organize and operate an urban redevelopment program; and (43) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; 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.

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

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

SECTION 2.11. 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 Georgia, O.C.G.A.Title 45, 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 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

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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 O.C.G.A. Title 21 or such other laws as are or may hereafter be enacted. (c) This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember.

SECTION 2.12. Compensation and expenses.

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

SECTION 2.13. Holding other office; voting when financially interested.

(a) No elected officer, appointed officer, employee, or member of a board, commission, or authority 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, directly or indirectly, which is incompatible with the proper discharge of his or her official duties or which would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (3) Disclose confidential information concerning the property, governance, or affairs of the governmental body by which he or she is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiations or in the making of any contract with any business or entity in which he or she has a financial interest.

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(b) Any elected officer, appointed officer, employee, or member of a board, commission, or authority of the city who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected officer, appointed officer, or employee or any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected officer, appointed officer, employee, or member of a board, commission, or authority of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (e) Except as authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by such government or any agency thereof during the term for which he or she was elected. No former mayor and no former councilmember shall hold any employed position in the city until one year after the expiration of the term for which he or she was elected. (f) No department director, department head, employee, or member of any board, commission, or authority of the city shall continue in such position or employment upon qualifying as a candidate for nomination or election to any public office.
(g)(1) Any elected officer, appointed officer, employee, or member of a board, commission, or authority of the city who knowingly conceals such financial interest or knowingly violates any of the requirements of this section applicable to his or her respective office or position shall be guilty of malfeasance in office or position and shall be deemed to have forfeited such office or position. (2) Any elected officer, appointed officer, employee, or member of a board, commission, or authority of the city who forfeits his or her office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.

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SECTION 2.14. 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 2.15. 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 city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Leslie and may enforce such ordinances by imposing penalties for violations thereof.

SECTION 2.16. 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 2.17. Organizational meetings.

(a) The city council shall hold an organizational meeting on the first scheduled meeting in January next following the municipal election. 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

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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 Leslie 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 Leslie to the best of my ability without fear, favor, affection, reward, or expectation thereof." (b) At the organizational meeting, the city council shall elect from among its membership a mayor pro tem.

SECTION 2.18. 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 councilmembers personally or by telephone 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. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by O.C.G.A. Section 50-14-1 or such other applicable laws as are or may hereafter be enacted.

SECTION 2.19. Rules of procedure.

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

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(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 2.20. Quorum; voting.

(a) Three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of a majority of councilmembers present, or if applicable a majority of councilmembers and the mayor, shall be required for the adoption of any ordinance, resolution, or motion. (b) An abstention noted on the record shall be counted as a negative vote. (c) The mayor shall vote only so as to make or break a tie vote among councilmembers.

SECTION 2.21. Ordinance form; procedures.

(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Leslie..." and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances as provided in Section 2.23 of this charter or upon unanimous consent of the councilmembers present. Upon introduction of any ordinance, the city clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the city clerk and at such other public places as the city council may designate.

SECTION 2.22. Action requiring an ordinance.

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

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SECTION 2.23. Emergencies.

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

SECTION 2.24. Codes of technical regulations.

(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedures and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:
(1) The requirements of subsection (b) of Section 2.21 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.25 of this charter. Copies of any adopted code of technical regulations shall be made available by the city clerk for inspection by the public.

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SECTION 2.25. Signing; authenticating; recording; codification; printing.

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

SECTION 2.26. Election of mayor; forfeiture; compensation.

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

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 powers granted to the city under the Constitution and laws of the State of Georgia and all of the executive and administrative powers contained in this charter. The mayor shall be the presiding officer at all meetings of the city council.

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SECTION 2.28. Powers and duties of mayor and mayor pro tem.

(a) As the chief executive of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Appoint and remove all officers, department heads, and employees of the city, except as otherwise provided in this charter; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (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 special meetings of the city council as provided for in subsection (b) of Section 2.18 of this charter; (8) Approve or disapprove ordinances as provided in Section 2.29 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 he or she deems it expedient; and (11) Perform such other duties as may be required by law, this charter, or ordinance.
(b) 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 2.13. When acting as mayor, the mayor pro tem shall continue to have only one vote as a member of the council.

SECTION 2.29. 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 approval or with disapproval. If the ordinance has been approved by

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the mayor, it shall become law upon its return to the city clerk; if the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar day after its adoption. If the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting. If the city council then or at its next meeting adopts the ordinance by an affirmative vote of a majority of members present, 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 city 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 of and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance or resolution. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of such director's department or agency. (e) The city clerk and all appointed officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointed officers and directors shall be employees at will and subject to removal or suspension at any time by the mayor unless otherwise provided by law or ordinance.

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SECTION 3.11. Boards, commissions, and authorities.

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

SECTION 3.12. City attorney.

The city council may appoint a city attorney from nominees made by the mayor, 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 meetings of the city council as directed; shall advise the city council, mayor, and other

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officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of such person's position as city attorney.

SECTION 3.13. City clerk.

The city council may appoint a city clerk from among nominees made by the mayor 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 shall apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees.

SECTION 3.15. Personnel policies.

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

ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.

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

SECTION 4.11. Chief judge; associate judge.

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

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(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless such person shall have attained the age of 21 years, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of such person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal as required in Section 2.19 of this charter.

SECTION 4.12. Convening.

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

SECTION 4.13. Jurisdiction; powers.

(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days, or both such fine and imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for such person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the

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property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (i) Unless a lesser penalty is provided by ordinance, the judge of the municipal court shall have the power and authority to impose upon the violator of any law or ordinance, for each violation thereof, the following punishments or any punishment provided for such offense by state statute, whichever is greater:
(1) A fine not to exceed $1000.00; (2) Imprisonment in the city detention center for a period of not more than 90 days; or (3) Both such punishments when the facts of the case justify such punishment; provided, however, that each contempt of municipal court shall be punishable either by imposition of a fine not exceeding $200.00 or by imprisonment in the city detention center for a period of time not exceeding 30 days or both.

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 Sumter 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 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.

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

All municipal general and special primaries and elections shall be held and conducted in accordance with the O.C.G.A. Chapter 2 of Title 21, the "Georgia Election Code."

SECTION 5.11. Election of the city council and mayor.

(a) There shall be a municipal general election to be held biennially in odd-numbered years on the Tuesday next following the first Monday in November. (b) There shall be elected the mayor and four councilmembers at each biennial election. Terms shall be for two years.

SECTION 5.12. Special elections; vacancies.

In the event that the office of mayor or any councilmember shall become vacant for any cause whatsoever, the councilmembers or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, that if such vacancy occurs within 12 months of the expiration of the term of such office, the councilmembers or those remaining shall appoint a duly qualified successor for the remainder of the term. In all other respects, any special election shall be held and conducted in accordance with O.C.G.A. Chapter 2 of Title 21, the "Georgia Election Code." Vacancies shall be filled in accordance with the procedural requirements of subsection (b) of O.C.G.A. Section 45-5-1.

SECTION 5.13. 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 O.C.G.A. Chapter 2 of Title 21, the "Georgia Election Code."

SECTION 5.14. 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 O.C.G.A. Title 45 or such other applicable laws as are or may hereafter be enacted.

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(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 Sumter 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 Sumter County following a hearing on a complaint seeking such removal brought by any resident of the City of Leslie.

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 and 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.

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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 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 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.

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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 revenues 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 revenues 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 revenues produced by the project, program, or venture for which they were issued.

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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 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 O.C.G.A. Section 36-60-13 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, 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, 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

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information. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

SECTION 6.26. Action by city council on budget.

(a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. 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. If the city council fails to adopt the budget, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof, to which it is chargeable.

SECTION 6.27. Tax levies.

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

SECTION 6.28. Changes in appropriations.

The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for

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such purpose, but any additional appropriations shall 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 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. 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.

SECTION 6.30. Independent audit.

The mayor and city council shall provide by resolution for an independent annual audit of all city accounts and may similarly provide for more frequent or continuing audits as deemed necessary. Audits shall be made by a certified public accountant or firm who has no personal interest, directly or indirectly, in the fiscal affairs of the city government or any of its officers. The mayor and city council may, without requiring competitive bids, designate by resolution the accountant or firm annually or for a period not exceeding three years, provided that the designation for any particular fiscal year shall be made no later than 90 days after the beginning of the fiscal year. The mayor and city council may also provide by resolution for special independent audits of any office, department, board, commission, or other agency of the city.

SECTION 6.31. Contracting procedures.

No contract with the city shall be binding on the city unless it is: (1) In writing;

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(2) 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) Made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.19 of this charter.

SECTION 6.32. Centralized purchasing.

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

SECTION 6.33. Sale and lease of city property.

(a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey such cutoff 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. Existing ordinances, resolutions, rules, and regulations.

Existing ordinances, resolutions, rules, and regulations of this city not in conflict with this charter shall continue in force, unless repealed or amended, for two years from the effective date of this charter. During such two-year period, the city council shall review all such

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provisions and shall readopt, repeal, or amend each, so that a codification as provided by subsection (b) of Section 2.25 of this charter is accomplished.

SECTION 7.11. 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 city council.

SECTION 7.12. 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 7.13. Specific repealer.

An Act to provide a new charter for the City of Leslie in the County of Sumter, approved March 23, 1977 (Ga. L. 1977, p. 3614), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety.

SECTION 7.14. 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 2015 Session of the General Assembly of Georgia a bill to amend the current Charter of the City of Leslie by amending the existing Charter thereof adopted by the General Assembly at Georgia Laws 1977, page 3614, as amended, and for other purposes

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GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Greg Kirk, who on oath deposes and says that he is the Senator from District 13 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Americus Times-Recorder which is the official organ of Sumter County on February 20, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GREG KIRK Greg Kirk Senator, District 13

Sworn to and subscribed before me, this 9th day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

COBB COUNTY CHIEF DEPUTY, ASSISTANT CHIEF DEPUTY, AND EXECUTIVE ASSISTANT TO THE SHERIFF; COMPENSATION.

No. 302 (Senate Bill No. 171).

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), an Act approved May 6, 2013 (Ga. L. 2013, p. 4150), and an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), so as to change the compensation of the chief deputy, the assistant chief deputy, 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.

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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), an Act approved May 6, 2013 (Ga. L. 2013, p. 4150), and an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), is 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 $130,869.19 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 assistant chief deputy for Cobb County. The assistant chief deputy 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 assistant chief deputy shall be

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$118,745.24 per annum, to be paid in equal monthly installments from the funds of Cobb County. (d) In addition to those employees provided for in subsections (b) and (c) of this section, there is created the position of executive assistant to the sheriff. The executive assistant shall be appointed by the sheriff, shall be under his or her direct supervision and control, and shall serve at the pleasure of the sheriff. The sheriff shall establish such qualifications, education, and experience as he or she deems necessary for the individual appointed to the position of executive assistant. The salary of the executive assistant shall be $71,347.41 per annum, to be paid in equal monthly installments from the funds of Cobb County."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2015 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.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lindsey Tippens, 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 13, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ LINDSEY TIPPENS Lindsey Tippens Senator, District 37

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Sworn to and subscribed before me, this 24th day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

COBB COUNTY CLERK OF SUPERIOR COURT; DEPUTY CLERK OF SUPERIOR COURT; COMPENSATION; EXECUTIVE ASSISTANT; EXECUTIVE SECRETARY.

No. 303 (Senate Bill No. 172).

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 April 10, 2014 (Ga. L. 2014, p. 4104), and an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), so as to change the compensation of the clerk of the superior court; to change the salary of the deputy 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 provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 4104), and an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), is amended by revising Section 4 as follows:

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"SECTION 4 (a) The clerk of the superior court shall receive an annual salary of $128,104.74 to be paid in equal monthly installments from the funds in the county treasury. (b) The clerk of the superior court shall be allowed a deputy clerk whose annual salary shall be $101,252.71 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 salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County. (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 $62,330.99 per annum, and the salary of the executive secretary shall be $57,536.29 per annum, both paid in equal monthly installments from the funds of Cobb County."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2015 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

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system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended; and for other purposes.

This 5th day of February 2015

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lindsey Tippens, 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 13, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ LINDSEY TIPPENS Lindsey Tippens Senator, District 37

Sworn to and subscribed before me, this 24th day of February, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

CITY OF BUFORD CORPORATE BOUNDARIES.

No. 305 (Senate Bill No. 197).

AN ACT

To amend an Act entitled "An Act to provide a new charter for the City of Buford," approved June 3, 2003 (Ga. L. 2003, p. 4622), so as to provide for the corporate boundaries; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. An Act entitled "An Act to provide a new charter for the City of Buford," approved June 3, 2003 (Ga. L. 2003, p. 4622), is amended by designating the existing portion of Section 1.11 as subsection (a) and by adding a new subsection (b) to read as follows:
"(b) In addition to the territory described in subsection (a) of this section, the boundaries of the city shall also include the following described territory:

PARCEL 1 Tax Map Parcel No. R7297 041

All that tract or parcel of land lying and being in Land Lot 297 of the 7th District, Gwinnett County, Georgia, being Tract No. 5 containing 11.612 acres as shown on plat of Survey for E. E. Robinson Estate, dated December 24, 1979, prepared by Robert T. Black, Georgia Registered Land Surveyor No. 1015, recorded in Plat Book 18, Page 188, Gwinnett County, Georgia records, with said plat incorporated herein and made a part hereof by reference.

Less and except the following two tracts:

Beginning at the intersection of the southeasterly right of way of U.S. Highway 23, aka S.R. 13 aka Buford Highway (100 foot right of way) with the southwesterly right of way of City Hall Street (40 foot right of way); thence along the southwesterly right of way of City Hall Street South 58 degrees 32 minutes 15 seconds East a distance of 120.61 feet to a point; continuing along said right of way run thence South 58 degrees 40 minutes 48 seconds East a distance of 60.79 feet to a point; said point begin the TRUE POINT OF BEGINNING; from said point of beginning continuing along the right of way of City Hall Street the following calls: thence run South 61 degrees 13 minutes 17 seconds East a distance of 65.37 feet to a point; thence run South 66 degrees 12 minutes 25 seconds East a distance of 77.85 feet to a point; thence run South 66 degrees 30 minutes 01 seconds East for a distance of 59.68 feet to a point; thence run South 66 degrees 24 minutes 56 seconds East a distance of 58.85 feet to a point; thence run South 65 degrees 19 minutes 08 seconds East a distance of 29.96 feet to a point; thence run South 64 degrees 27 minutes 53 seconds East a distance of 62.63 feet to a point; thence run South 65 degrees 21 minutes 10 seconds East a distance of 14.94 feet to a point; leaving the right of way of City Hall Street run thence South 41 degrees 12 minutes 37 seconds West a distance of 16.38 feet to a point; thence run South 14 degrees 16 minutes 41 seconds West a distance of 56.42 feet to a point; thence run South 59 degrees 12 minutes 20 seconds West a distance of 44.88 feet to a point; thence run South 67 degrees 36 minutes 18 seconds West a distance of 83.65 feet to a point; thence run South 59 degrees 15 minutes 55 seconds West a distance of 17.66 feet to a point; thence run South 76 degrees 51 minutes 06 seconds West a distance of 103.74 feet to a

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point; thence run North 42 degrees 38 minutes 59 seconds West a distance of 82.58 feet to a point; thence run North 80 degrees 47 minutes 00 seconds West a distance of 27.94 feet to a point; thence run North 36 degrees 55 minutes 19 seconds West a distance of 50.03 feet to a point; thence run North 63 degrees 58 minutes 12 seconds West a distance of 75.52 feet to a point; thence run North 78 degrees 32 minutes 29 seconds West a distance of 29.48 feet to a point; thence run North 38 degrees 34 minutes 57 seconds East a distance of 212.65 feet to a point on the southwesterly right of way of City Hall Street, said point being the TRUE POINT OF BEGINNING. Tract contains 1.780 acres and is shown as Tract 2 on survey for Eddy Robinson and Fowler Precast, Inc., prepared by Apalachee Land Surveying, Inc., dated September 19, 2006. Tract also being known as the current Gwinnett County Map Parcel No. R7297 106.

And:

Beginning at the intersection of the southeasterly right of way of U.S. Highway 23, aka S.R. 13 aka Buford Highway (100 foot right of way) with the southwesterly right of way of City Hall Street (40 foot right of way); thence along the southwesterly right of way of City Hall Street South 58 degrees 32 minutes 15 seconds East a distance of 120.61 feet to a point; continuing along said right of way run the following: thence run South 58 degrees 40 minutes 48 seconds East a distance of 60.79 feet to a point; thence run South 61 degrees 13 minutes 17 seconds East a distance of 65.37 feet to a point; thence run South 66 degrees 12 minutes 25 seconds East a distance of 77.85 feet to a point; thence run South 66 degrees 30 minutes 01 seconds East for a distance of 59.68 feet to a point; thence run South 66 degrees 24 minutes 56 seconds East a distance of 58.85 feet to a point; thence run South 65 degrees 19 minutes 08 seconds East a distance of 29.96 feet to a point; thence run South 64 degrees 27 minutes 53 seconds East a distance of 62.63 feet to a point; thence run South 65 degrees 21 minutes 10 seconds East a distance of 14.94 feet to a point; thence run South 65 degrees 21 minutes 10 seconds East a distance of 38.38 feet to a point on the southwesterly right of way of City Hall Street, said point being the TRUE POINT OF BEGINNING; continuing along southwesterly right of way of City Hall Street thence run South 63 degrees 56 minutes 36 seconds East a distance of 122.87 feet to a point; thence run South 63 degrees 01 minutes 12 seconds East a distance of 52.38 feet to a point; thence run South 63 degrees 08 minutes 52 seconds East a distance of 57.61 feet to a point; thence run along a curve to the right having a radius of 155.35 feet, an arc length of 150.62 feet, being subtended by a chord bearing South 42 degrees 53 minutes 47 seconds East for a distance of 144.79 feet to a point on the right of way of Bryant Road (40 foot right of way); continuing along the right of way of Bryant Road run South 14 degrees 09 minutes 46 seconds East a distance of 55.45 feet to the intersection of Bryant Road and Suwanee Creek; leaving said right of way run along the centerline of Suwanee Creek the following: run South 63 degrees 01 minutes 15 seconds West a distance of 91.36 feet to a point; thence run South

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62 degrees 23 minutes 28 seconds West a distance of 37.82 feet to a point; thence run South 64 degrees 53 minutes 26 seconds West a distance of 64.89 feet to a point; thence run South 68 degrees 48 minutes 27 seconds West a distance of 61.32 feet to a point; thence run South 69 degrees 58 minutes 34 seconds West a distance of 11.48 feet to a point; leaving centerline of said creek run thence North 00 degrees 00 minutes 00 seconds East a distance of 35.48 feet to a point; thence run North 35 degrees 52 minutes 24 seconds East a distance of 71.56 feet to a point; thence run North 29 degrees 04 minutes 12 seconds West a distance of 62.94 feet to a point; thence run North 05 degrees 07 minutes 57 seconds East a distance of 71.55 feet to a point; thence run North 75 degrees 37 minutes 39 seconds West a distance of 49.35 feet to a point; thence run North 23 degrees 08 minutes 03 seconds West a distance of 39.22 feet to a point; thence run North 09 degrees 32 minutes 33 seconds West a distance of 41.39 feet to a point; thence run North 21 degrees 33 minutes 53 seconds West a distance of 72.39 feet to a point on the southwesterly right of way of City Hall Street, said point being the TRUE POINT OF BEGINNING. Tract contains 1.254 acres and is shown as Tract 3 on survey for Eddy Robinson and Fowler Precast, Inc., prepared by Apalachee Land Surveying, Inc., dated September 19, 2006. Tract also being known as the current Gwinnett County Map Parcel No. R7297 107.

PARCEL 2 Tax Map Parcel No. R7297 004A

All that tract or parcel of land lying and being in Land Lot 297 of the 7th District, Gwinnett County, Georgia, located within the City of Rest Haven, as shown on plat of survey for Cecil Head, prepared by Robert T. Black, Registered Land Surveyor, dated June 12, 1979, and being more particularly described as follows:

Beginning at an iron pin at the intersection of the southeastern right of way of Georgia Highway No. 13 and the southwestern right of way of City Hall Street; thence proceeding along the southeastern right of way of Georgia Highway No. 13 South 40 degrees 30 minutes West a distance of 190 feet to an iron pin; leaving said right of way run thence South 49 degrees 30 minutes East a distance of 200 feet to an iron pin; thence run North 40 degrees 30 minutes East a distance of 212.65 feet to an iron pin on the southwestern right of way of City Hall Street; thence proceeding along the southwestern right of way of City Hall Street North 58 degrees 16 minutes West a distance of 60.71 feet to a point; thence North 54 degrees 58 minutes West a distance of 140.64 feet along said right of way to an iron pin located at the intersection of City Hall Street with the southeastern right of way of Georgia Highway No. 13 at the point of beginning.

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PARCEL 3 Tax Map Parcel No. R7297 106

Beginning at the intersection of the southeasterly right of way of U.S. Highway 23, aka S.R. 13 aka Buford Highway (100 foot right of way) with the southwesterly right of way of City Hall Street (40 foot right of way); thence along the southwesterly right of way of City Hall Street South 58 degrees 32 minutes 15 seconds East a distance of 120.61 feet to a point; continuing along said right of way run thence South 58 degrees 40 minutes 48 seconds East a distance of 60.79 feet to a point; said point begin the TRUE POINT OF BEGINNING; from said point of beginning continuing along the right of way of City Hall Street the following calls: thence run South 61 degrees 13 minutes 17 seconds East a distance of 65.37 feet to a point; thence run South 66 degrees 12 minutes 25 seconds East a distance of 77.85 feet to a point; thence run South 66 degrees 30 minutes 01 seconds East for a distance of 59.68 feet to a point; thence run South 66 degrees 24 minutes 56 seconds East a distance of 58.85 feet to a point; thence run South 65 degrees 19 minutes 08 seconds East a distance of 29.96 feet to a point; thence run South 64 degrees 27 minutes 53 seconds East a distance of 62.63 feet to a point; thence run South 65 degrees 21 minutes 10 seconds East a distance of 14.94 feet to a point; leaving the right of way of City Hall Street run thence South 41 degrees 12 minutes 37 seconds West a distance of 16.38 feet to a point; thence run South 14 degrees 16 minutes 41 seconds West a distance of 56.42 feet to a point; thence run South 59 degrees 12 minutes 20 seconds West a distance of 44.88 feet to a point; thence run South 67 degrees 36 minutes 18 seconds West a distance of 83.65 feet to a point; thence run South 59 degrees 15 minutes 55 seconds West a distance of 17.66 feet to a point; thence run South 76 degrees 51 minutes 06 seconds West a distance of 103.74 feet to a point; thence run North 42 degrees 38 minutes 59 seconds West a distance of 82.58 feet to a point; thence run North 80 degrees 47 minutes 00 seconds West a distance of 27.94 feet to a point; thence run North 36 degrees 55 minutes 19 seconds West a distance of 50.03 feet to a point; thence run North 63 degrees 58 minutes 12 seconds West a distance of 75.52 feet to a point; thence run North 78 degrees 32 minutes 29 seconds West a distance of 29.48 feet to a point; thence run North 38 degrees 34 minutes 57 seconds East a distance of 212.65 feet to a point on the southwesterly right of way of City Hall Street, said point being the TRUE POINT OF BEGINNING. Tract contains 1.780 acres and is shown as Tract 2 on survey for Eddy Robinson and Fowler Precast, Inc., prepared by Apalachee Land Surveying, Inc., dated September 19, 2006.

PARCEL 4 Tax Map Parcel No. R7297 107

Beginning at the intersection of the southeasterly right of way of U.S. Highway 23, aka S.R. 13 aka Buford Highway (100 foot right of way) with the southwesterly right of way

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of City Hall Street (40 foot right of way); thence along the southwesterly right of way of City Hall Street South 58 degrees 32 minutes 15 seconds East a distance of 120.61 feet to a point; continuing along said right of way run the following: thence run South 58 degrees 40 minutes 48 seconds East a distance of 60.79 feet to a point; thence run South 61 degrees 13 minutes 17 seconds East a distance of 65.37 feet to a point; thence run South 66 degrees 12 minutes 25 seconds East a distance of 77.85 feet to a point; thence run South 66 degrees 30 minutes 01 seconds East for a distance of 59.68 feet to a point; thence run South 66 degrees 24 minutes 56 seconds East a distance of 58.85 feet to a point; thence run South 65 degrees 19 minutes 08 seconds East a distance of 29.96 feet to a point; thence run South 64 degrees 27 minutes 53 seconds East a distance of 62.63 feet to a point; thence run South 65 degrees 21 minutes 10 seconds East a distance of 14.94 feet to a point; thence run South 65 degrees 21 minutes 10 seconds East a distance of 38.38 feet to a point on the southwesterly right of way of City Hall Street, said point being the TRUE POINT OF BEGINNING; continuing along southwesterly right of way of City Hall Street thence run South 63 degrees 56 minutes 36 seconds East a distance of 122.87 feet to a point; thence run South 63 degrees 01 minutes 12 seconds East a distance of 52.38 feet to a point; thence run South 63 degrees 08 minutes 52 seconds East a distance of 57.61 feet to a point; thence run along a curve to the right having a radius of 155.35 feet, an arc length of 150.62 feet, being subtended by a chord bearing South 42 degrees 53 minutes 47 seconds East for a distance of 144.79 feet to a point on the right of way of Bryant Road (40 foot right of way); continuing along the right of way of Bryant Road run South 14 degrees 09 minutes 46 seconds East a distance of 55.45 feet to the intersection of Bryant Road and Suwanee Creek; leaving said right of way run along the centerline of Suwanee Creek the following: run South 63 degrees 01 minutes 15 seconds West a distance of 91.36 feet to a point; thence run South 62 degrees 23 minutes 28 seconds West a distance of 37.82 feet to a point; thence run South 64 degrees 53 minutes 26 seconds West a distance of 64.89 feet to a point; thence run South 68 degrees 48 minutes 27 seconds West a distance of 61.32 feet to a point; thence run South 69 degrees 58 minutes 34 seconds West a distance of 11.48 feet to a point; leaving centerline of said creek run thence North 00 degrees 00 minutes 00 seconds East a distance of 35.48 feet to a point; thence run North 35 degrees 52 minutes 24 seconds East a distance of 71.56 feet to a point; thence run North 29 degrees 04 minutes 12 seconds West a distance of 62.94 feet to a point; thence run North 05 degrees 07 minutes 57 seconds East a distance of 71.55 feet to a point; thence run North 75 degrees 37 minutes 39 seconds West a distance of 49.35 feet to a point; thence run North 23 degrees 08 minutes 03 seconds West a distance of 39.22 feet to a point; thence run North 09 degrees 32 minutes 33 seconds West a distance of 41.39 feet to a point; thence run North 21 degrees 33 minutes 53 seconds West a distance of 72.39 feet to a point on the southwesterly right of way of City Hall Street, said point being the TRUE POINT OF BEGINNING.

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Tract contains 1.254 acres and is shown as Tract 3 on survey for Eddy Robinson and Fowler Precast, Inc., prepared by Apalachee Land Surveying, Inc., dated September 19, 2006.

PARCEL 5 Tax Map Parcel No. R7297 026

All that tract or parcel of land lying and being in Land Lot 297 of the 7th District, Gwinnett County, Georgia, being 5.6 acres more or less, as shown on plat of survey for Darlena Joan Lord, dated July 8, 1997, prepared by Diversified Technical Services, Georgia Registered Land Surveyors, and being more particularly described as follows:

Beginning at a point on the western right of way of Bryant Road (80 foot right of way), said point being 3290.3 feet North as measured along said right of way from the intersection of said right of way and the centerline of Thompson Mill Road, thence from said POINT OF BEGINNING and leaving the right of way of Bryant Road run South 60 degrees 55 minutes 03 seconds West a distance of approximately 845.0 feet to the centerline of Suwanee Creek; thence running northerly and easterly along the centerline of Suwanee Creek, following the meanderings thereof, to a point on the western right of way of Bryant Road (80 foot right of way); thence running southeasterly along said right of way, following the curvature thereof, a distance of approximately 376.18 feet to a point, the place or POINT OF BEGINNING.

PARCEL 6 Tax Map Parcel No. R7297 039

All that tract or parcel of land lying and being in Land Lot 297 of the 7th District, Gwinnett County, Georgia, being 3.30 acres of land shown as Lot 2C, on a plat of survey for Manhattan Business Center, dated February 23, 1982, prepared by Robert E. Horlbeck of Horlbeck & Associates, Inc., Georgia Registered Land Surveyor No. 1942, recorded in Plat Book 17, Page 254, Gwinnett County, Georgia records, with said plat incorporated herein and made a part hereof by reference.

PARCEL 7 Tax Map Parcel No. R7297 102

All that tract or parcel of land lying and being in Land Lot 297 of the 7th District, Gwinnett County, Georgia, and being more particularly described as follows:

Begin at an iron pin set at the corner formed by the intersection of the northeasterly right of way line of City Hall Street (40 foot right of way) with the northwesterly right of way

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of Bryant Road (40 foot right of way); running thence northwesterly along the northeasterly right of way line of City Hall Street, the following courses and distances: North 48 degrees 03 minutes 23 seconds West a distance of 47.76 feet to a point; North 58 degrees 32 minutes 27 seconds West a distance of 104.48 feet to a point; North 60 degrees 25 minutes 04 seconds West a distance of 107.38 feet to a point; North 62 degrees 55 minutes 33 seconds West a distance of 100.51 feet to a point; North 62 degrees 47 minutes 11 seconds West a distance of 98.01 feet to a point; and North 64 degrees 20 minutes 00 seconds west a distance of 77.0 feet to an iron pin set; leaving the northeasterly right of line of City Hall Street run thence North 41 degrees 34 minutes 01 seconds East a distance of 229.05 feet to an iron pin set on the southwesterly line of property now or formerly owned by Tapp Lumber Company; thence run South 56 degrees 33 minutes 02 seconds East along the southwesterly line of Tapp Lumber property a distance of 416.01 feet to an iron pin set on the northwesterly right of way of Bryant Road; running southwesterly along the northwesterly right of way of Bryant Road, the following courses and distances: South 04 degrees 41 minutes 35 seconds West a distance of 135.30 feet to a point; South 18 degrees 42 minutes 53 seconds West a distance of 74.54 feet to an iron pin set being the Point of Beginning; being a tract of land containing 2.194 acres according to a plat of survey prepared for Bill Beaty by W. T. Dunahoo and Associates, bearing the seal and certification of W. T. Dunahoo, Georgia Registered Land Surveyor No. 1577, dated April 19, 2000.

PARCEL 8 Tax Map Parcel No. R7297 003

All that tract or parcel of land lying and being in Land Lot 297 of the 7th District, Gwinnett County, Georgia, Town of Resthaven, more particularly described as follows:

Beginning at an iron pin located 250 feet southeast of the center of U.S. Highway 23 on the east side a dirt street, once designated as Old Shadburn Ferry Road; thence running along said dirt street southeast a distance of 50 feet to an iron pin; thence running along property of E. E. Robinson in a northeasterly direction a distance of 100 feet to an iron pin; thence running in a northwesterly direction a distance of 50 feet along property of E. E. Robinson to an iron pin; thence running along property of E. E. Robinson in a southwesterly direction a distance of 100 feet to an iron pin and the point of beginning.

Said tract is also shown as a small tract labeled as Rest Haven City Hall on survey prepared for E. E. Robinson Estate, dated December 24, 1979, prepared by Robert T. Black, Georgia Registered Land Surveyor No. 1015, recorded in Plat Book 18, Page 188, Gwinnett County, Georgia records.

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PARCEL 9 Tax Map Parcel No. R7297 004

All that tract or parcel of land lying and being in Land Lot 297 of the 7th District, Gwinnett County, Georgia, and being more particularly described as follows:

Beginning at the corner formed by the intersection of the southeasterly right of way line of Georgia Highway No. 13 (100 foot right of way) with the northeasterly right of way line of City Hall Street; run thence North 41 degrees 06 minutes 00 seconds East along the southeasterly right of way of Georgia Highway No. 13 a distance of 251.88 feet to an iron pin set at the westerly corner of property now of formerly owned by Tapp Lumber Company; leaving the southeasterly right of way of Georgia Highway No. 13 run thence South 56 degrees 33 minutes 02 seconds East along the southwesterly properly line of Tapp Lumber Company property a distance of 377.00 feet to an iron pin set; run thence South 41 degrees 34 minutes 01 seconds West a distance of 229.05 feet to an iron pin set on the northeasterly right of way of City Hall Street; running thence northwesterly along the northeasterly right of way of City Hall Street the following courses and distances: North 64 degrees 20 minutes 00 seconds West a distance of 27.0 feet to a point; and North 63 degrees 38 minutes 00 seconds West a distance of 104.00 feet to an iron pin set; leaving the northeasterly right of way of City Hall Street run thence North 30 degrees 02 minutes 00 seconds East a distance of 100.00 feet to an iron pin found; run thence North 63 degrees 17 minutes 35 seconds West a distance of 50.00 feet to an iron pin set; run thence South 30 degrees 02 minutes 00 seconds West a distance of 100.00 feet to an iron pin set on the northeasterly right of way of City Hall Street; run thence northwesterly along the northeasterly right of way of City Hall Street the following courses and distances: North 60 degrees 24 minutes 09 seconds West a distance of 25.55 feet to a point; North 57 degrees 03 minutes 08 seconds West a distance of 56.61 feet to a point; and North 55 degrees 43 minutes 22 seconds West a distance of 116.49 feet to the POINT OF BEGINNING. This tract of parcel of land contains 2.0 acres according to a plat of survey prepared for Bill Beaty by W.T. Dunahoo and Associates, bearing the seal and certification of W.T. Dunahoo, Georgia Registered Land Surveyor No. 1877, dated April 19, 2000.

PARCEL 10 Tax Map Parcel No. R7297 045

All that tract or parcel of land lying and being in Land Lot 297 of the 7th District, Gwinnett County, Georgia, being 7.161 acres of land, as shown on plat of survey recorded in Plat Book 67, Page 25, Gwinnett County, Georgia records, and as further shown on plat of survey recorded in Plat Book 85, Page 43, Gwinnett County, Georgia records, said surveys incorporated herein and made a part hereof by reference.

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PARCEL 11 Tax Map Parcel No. R7297 104

All that tract or parcel of land lying and being in Land Lot 297 of the 7th District, Gwinnett County, Georgia, being more particularly described as follows:

Beginning at a point located on the southerly right of way of Buford Highway (said point being 500 feet plus or minu northeasterly along said right of way from the intersection with the easterly right of way of City Hall Road); thence continuing along said right of way North 43 degrees 36 minutes 38 seconds East a distance of 20.00 feet to a point; thence leaving said right of way run South 77 degrees 31 minutes 06 seconds East a distance of 58.41 feet to a point; running thence South 46 degrees 36 minutes 52 seconds East a distance of 129.92 feet to a inch rebar found; running thence South 43 degrees 36 minutes 36 seconds West a distance of 50.00 feet to a point; running thence North 46 degrees 36 minutes 52 seconds West a distance of 179.92 feet to the Point of Beginning.

Said parcel of land contains 0.1893 acres (8,246 square feet), also known as a portion of Lot 47, as shown in Plat Book B, Page 247A, Gwinnett County, Georgia records.

PARCEL 12 Tax Map Parcel No. R7297 002B

All that tract or parcel of land lying and being in Land Lot 297 of the 7th District, Gwinnett County, Georgia, shown and delineated as Lots 47, 48, 49 and 50 on survey for Donald P. Hayes, dated September 20, 1997, prepared by Richard E. McDaniel, Jr. of Advance Survey, Inc., Georgia Registered Land Surveyor No. 2734, recorded in Plat Book 75, Page 64, Gwinnett County, Georgia records, with plat incorporated herein and made a part hereof by reference.

Less and except tract shown below:

Beginning at a point located on the southerly right of way of Buford Highway (said point being 500 feet plus or minus northeasterly along said right of way from the intersection with the easterly right of way of City Hall Road); thence continuing along said right of way North 43 degrees 36 minutes 38 seconds East a distance of 20.00 feet to a point; thence leaving said right of way run South 77 degrees 31 minutes 06 seconds East a distance of 58.41 feet to a point; running thence South 46 degrees 36 minutes 52 seconds East a distance of 129.92 feet to a inch rebar found; running thence South 43 degrees 36 minutes 36 seconds West a distance of 50.00 feet to a point; running thence North

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46 degrees 36 minutes 52 seconds West a distance of 179.92 feet to the Point of Beginning. Said parcel of land contains 0.1893 acres (8,246 square feet), also known as a portion of Lot 47, as shown in Plat Book B, Page 247A, Gwinnett County, Georgia records.

PARCEL 13 Tax Map Parcel No. R7297 002

All that tract or parcel of land lying and being in Land Lot 297 of the 7th District, Gwinnett County, Georgia, shown and delineated as Lot 51 and a portion of Lot 52 on survey for Robert Perry Walls, dated November 8, 1985, prepared by W. T. Dunahoo of W. T. Dunahoo and Associates, Inc., Georgia Registered Land Surveyor No. 1577, and as further shown on survey for Donald P. Hayes, dated September 20, 1997, prepared by Richard E. McDaniel, Jr. of Advance Survey, Inc., Georgia Registered Land Surveyor No. 2734, recorded in Plat Book 75, Page 64, Gwinnett County, Georgia records, with plat incorporated herein and made a part hereof by reference.

PARCEL 14 Tax Map Parcel No. R7297 002A

All that tract or parcel of land lying and being in Land Lot 297 of the 7th District, Gwinnett County, Georgia, being portion of Lot 52, and all of Lot 53, 54, and 55 of the S. J. Busha Subdivision, according to a plat prepared by G. L. Veal, September 24, 1935, recorded in Plat Book B, Page 247A, Gwinnett County, Georgia records; and as being shown as the W. F. Robinson lot on survey for the E. E. Robinson Estate, dated December 24, 1979, prepared by Robert J. Black, Georgia Registered Land Surveyor No. 1015, recorded in Plat Book 18, Page 188, Gwinnett County, Georgia records. Said tract being a portion of the property originally acquired by E. E. Robinson from J. O. McNeal in Deed Book 74, Page 346, and from Mrs. E. E. Chatham in Deed Book 86, Page 580, both Gwinnett County, Georgia records. Said tract being more particularly described as follows;

Begin at a point on the southeasterly right of way of U. S. Highway No. 23 (100 foot right of way) with the northeastern property corner of current Gwinnett County Map Parcel No. R7297 002; said point of beginning being 548.75 feet southwesterly from the intersection of the centerline of Bryant Road as shown on plat recorded in Plat Book 33, Page 154B, Gwinnett County, Georgia records; from said point run thence northeasterly along said right of way of U.S. Highway 23 approximately 170.00 feet, more or less, to a point being the northwesterly property corner of current Gwinnett County Map Parcel No. R7297 047; leaving said right of way run thence approximately South 48 degrees East a distance of 180.00 feet, more or less, to a point at the northeastern property corner

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of current Gwinnett County Map Parcel No. R7297 045, as established by survey recorded in Plat Book 115, Page 124, Gwinnett County, Georgia records; run thence approximately South 41 degrees West a distance of 170.00 feet to the southeastern corner of current Gwinnett County Map Parcel No. R7297 002, as established by survey recorded in Plat Book 85, Page 43, Gwinnett County, Georgia records; run thence approximately North 48 degrees West a distance of 180.00 feet, more or less, to the POINT OF BEGINNING, as established by survey recorded in Plat Book 33, Page 154B, Gwinnett County, Georgia records.

PARCEL 15 Tax Map Parcel No. R7297 047

All that tract or parcel of land lying and being in Land Lot 297 of the 7th District, Gwinnett County, Georgia, being 1.36 acres of land shown on a plat of survey for E. E. Robinson Properties, dated September 21, 2001, prepared by W. T. Dunahoo of W. T. Dunahoo and Associates, Georgia Registered Land Surveyor No. 1577, recorded in Plat Book 115, Page 124, Gwinnett County, Georgia records, with said plat incorporated herein and made a part hereof by reference.

PARCEL 16 Tax Map Parcel No. R7297 001

All that tract or parcel of land lying and being in Land Lot 297 of the 7th District, Gwinnett County, Georgia, Town of Resthaven, being Lots 60, 61, and 62 of the S. J. Busha Subdivision, according to plat prepared by G .L. Veal, September 24, 1935, recorded in Plat book B, Page 247A, Gwinnett County, Georgia records, said survey incorporated herein and made a part hereof by reference.

PARCEL 17 Tax Map Parcel No. R7298 073

All that tract or parcel of land lying and being in Land Lot 298 of the 7th District, Gwinnett County, Georgia, being shown as Lots 1E and 2E, on a plat of survey for Calvert Properties, N.V., dated July 30, 2003, prepared by Miles H. Hannon of Hannon, Meeks & Bagwell Surveyors & Engineers, Inc., Georgia Registered Land Surveyor No. 1528, recorded in Plat Book 117, Page 261, Gwinnett County, Georgia records, with said plat incorporated herein and made a part hereof by reference.

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PARCEL 18 Tax Map Parcel No. R7297 033

All that tract or parcel of land lying and being in Land Lots 297 and 298 of the 7th District, Gwinnett County, Georgia, being shown as Lot3E, on a plat of survey for Calvert Properties, N.V., dated July 30, 2003, prepared by Miles H. Hannon of Hannon, Meeks & Bagwell Surveyors & Engineers, Inc., Georgia Registered Land Surveyor No. 1528, recorded in Plat Book 117, Page 261, Gwinnett County, Georgia records, with said plat incorporated herein and made a part hereof by reference.

PARCEL 19 Tax Map Parcel No. R7297 035

All that tract or parcel of land lying and being in Land Lots 297 and 298 of the 7th District, Gwinnett County, Georgia, being shown as Lot 5E, on a plat of survey for Calvert Properties, N.V., dated July 30, 2003, prepared by Miles H. Hannon of Hannon, Meeks & Bagwell Surveyors & Engineers, Inc., Georgia Registered Land Surveyor No. 1528, recorded in Plat Book 117, Page 261, Gwinnett County, Georgia records, with said plat incorporated herein and made a part hereof by reference.

PARCEL 20 Tax Map Parcel No. R7297 037

All that tract or parcel of land lying and being in Land Lot 297 of the 7th District, Gwinnett County, Georgia, being shown as Lot 6E, on a plat of survey for Calvert Properties, N.V., dated July 30, 2003, prepared by Miles H. Hannon of Hannon, Meeks & Bagwell Surveyors & Engineers, Inc., Georgia Registered Land Surveyor No. 1528, recorded in Plat Book 117, Page 261, Gwinnett County, Georgia records, with said plat incorporated herein and made a part hereof by reference.

PARCEL 21 Tax Map Parcel No. R7297 038

All that tract or parcel of land lying and being in Land Lot 297 of the 7th District, Gwinnett County, Georgia, being shown as Lot 1C of Commonwealth Industrial Park, on a plat of survey for Keith Reichel, dated October 2, 1998, prepared by H. P. Farley, Jr. of Farley-Collins Associates, Georgia Registered Land Surveyor No. 1301, recorded in Plat Book 78, Page 299, Gwinnett County, Georgia records, with said plat incorporated herein and made a part hereof by reference.

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PARCEL 22 Tax Map Parcel No. R7298 074

All that tract or parcel of land lying and being in Land Lots 297 and 298 of the 7th District, Gwinnett County, Georgia, being shown as Lots 15C, 16C, 17C and 18C, on a plat of survey for Calvert Properties, N.V., dated July 30, 2003, prepared by Miles H. Hannon of Hannon, Meeks & Bagwell Surveyors & Engineers, Inc., Georgia Registered Land Surveyor No. 1528, recorded in Plat Book 117, Page 261, Gwinnett County, Georgia records, with said plat incorporated herein and made a part hereof by reference.

PARCEL 23 Tax Map Parcel No. R7297 071

All that tract or parcel of land lying and being in Land Lots 297 and 298 of the 7th District, City of Rest Haven, Gwinnett County, Georgia, and being more particularly described as follows:

Beginning at an iron pin on the westerly right of way of Manhattan Drive (having a 60 foot right of way) located a distance of 533.79 feet as measured along said right of way from the 80 foot right of way of Bryant Road; thence from said POINT OF BEGINNING as thus established, leaving the right of way of Manhattan Drive run thence North 69 degrees 25 minutes 51 seconds West a distance of 210.09 feet to an iron pin set; thence North 20 degrees 34 minutes 34 seconds East a distance of 20.00 feet to an iron pin set; thence South 69 degrees 25 minutes 51 seconds East a distance of 213.53 feet to an iron pin set on the westerly right of way of Manhattan Drive; thence along said right of way run thence South 30 degrees 20 minutes 41 seconds West a distance of 20.29 feet to an iron pin set at the POINT OF BEGINNING.

The above described property is shown on a survey for Longacre Investments, Inc., as part of Lot 5E of Manhattan Business Center, Tract No. 2 containing 0.0972 acres, prepared by Hannon, Meeks & Bagwell, Surveyors & Engineers, Inc., dated July 15, 2003.

PARCEL 24 Tax Map Parcel No. R7297 034

All that tract or parcel of land lying and being in Land Lots 297 and 298 of the 7th District, Gwinnett County, Georgia, being shown as Lot 4E, on a plat of survey for Manhattan Business Center, dated February 23, 1982, prepared by Robert E. Horlbeck of Horlbeck & Associates, Inc., Georgia Registered Land Surveyor No. 1942, recorded

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

in Plat Book 17, Page 254, Gwinnett County, Georgia records, with said plat incorporated herein and made a part hereof by reference.

PARCEL 25 Tax Map Parcel No. R7298 045

All that tract or parcel of land lying and being in Land Lot 298 of the 7th District, Gwinnett County, Georgia, City of Rest Haven, being shown as Lot 14 on a plat of survey for Commonwealth Industrial Park, Unit One, dated July 27, 1982, prepared by Robert E. Horlbeck of Horlbeck & Associates, Inc., Georgia Registered Land Surveyor No. 1942, recorded in Plat Book 19, Page 230, Gwinnett County, Georgia records, with said plat incorporated herein and made a part hereof by reference.

PARCEL 26 Tax Map Parcel No. R7298 037

All that tract or parcel of land lying and being in Land Lot 298 of the 7th District, Gwinnett County, Georgia, City of Rest Haven, being shown as Lot 3A on a plat of survey for Commonwealth Industrial Park, Unit One, dated July 27, 1982, prepared by Robert E. Horlbeck of Horlbeck & Associates, Inc., Georgia Registered Land Surveyor No. 1942, recorded in Plat Book 19, Page 230, Gwinnett County, Georgia records; being further shown on plat of survey for Truss Tech Industries, Inc., dated November 5, 1993, prepared by Wayne T. Eleton of Cornerstone Development Consultants, Inc., Georgia Registered Land Surveyor No. 2487, recorded in Plat Book 61, Page 130, Gwinnett County, Georgia records; and also being shown on plat of survey for Truss Tech, dated February 26, 1996, prepared by Wallace Long Hambrick of Hambrick Surveying, Inc., Georgia Registered Land Surveyor No. 1375, recorded in Plat Book 69, Page 170, Gwinnett County, Georgia records; with said plats incorporated herein and made a part hereof by reference.

PARCEL 27 Tax Map Parcel No. R7298 072

All that tract or parcel of land lying and being in Land Lot 298 of the 7th District, Gwinnett County, Georgia, being shown as Lots 1A and 2A, on a plat of survey for Calvert Properties, N.V., dated July 30, 2003, prepared by Miles H. Hannon of Hannon, Meeks & Bagwell Surveyors & Engineers, Inc., Georgia Registered Land Surveyor No. 1528, recorded in Plat Book 117, Page 261, Gwinnett County, Georgia records, with said plat incorporated herein and made a part hereof by reference.

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PARCEL 28 Tax Map Parcel No. R7298 021

All that tract or parcel of land lying and being in Land Lot 298 of the 7th District, Gwinnett County, Georgia, Town of Resthaven, being more particularly described as follows:

Beginning at a corner on the East side of U.S. Highway 23 in Resthaven, Georgia at and on line of E. E. Robinson and running along said Robinson line in an easterly direction 475 feet to a creek; thence along said creek in a southerly direction a distance of 112 feet to a line of Baxter Simpson et al; thence along said Simpson line in a westerly direction a distance of 475 feet to U.S. Highway 23; thence along said highway in a northerly direction a distance of 112 feet to the point of beginning. This property fronts 112 feet on said highway and runs in parallel line, a distance of 475 feet to creek, and is part of the M. M. Greer estate.

PARCEL 29 Tax Map Parcel No. R7298 021

All that tract or parcel of land lying and being in Land Lot 298 of the 7th District, Gwinnett County, Georgia, Town of Resthaven, being more particularly described as follows:

Beginning at a corner on the East side of U.S. Highway 23 in Resthaven, Georgia at and on line of E. E. Robinson and running along said Robinson line in an easterly direction 475 feet to a creek; thence along said creek in a southerly direction a distance of 112 feet to a line of Baxter Simpson et al; thence along said Simpson line in a westerly direction a distance of 475 feet to U.S. Highway 23; thence along said highway in a northerly direction a distance of 112 feet to the point of beginning. This property fronts 112 feet on said highway and runs in parallel line, a distance of 475 feet to creek, and is part of the M. M. Greer estate.

PARCEL 30 Tax Map Parcel No. R7298 019

All that tract or parcel of land lying and being in Land Lot 298 of the 7th District, Gwinnett County, Georgia, being Lots 28 and 29 of Elbert Whiting Subdivision as per plat of survey by S. C. Moon, Surveyor, Hall County, Georgia, dated August, 1936, recorded in Plat Book B, Page 264, Gwinnett County, Georgia records; and being also shown as Hosch tract on survey from J. W. Cooper to C. R. Venable and Quinn Kennedy, dated September 6, 1957, prepared by H. L. Dunahoo, Georgia Registered Land Surveyor

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

No. 277, recorded in Plat Book G, Page 117, Gwinnett County, Georgia records; both plats being incorporated by reference herein and made a part hereof for a more accurate legal description.

PARCEL 31 Tax Map Parcel No. R7298 030

All that tract or parcel of land lying and being in Land Lot 298 of the 7th District, Gwinnett County, Georgia, being formerly part of the Elbert Whiting Subdivision as per plat of survey by S. C. Moon, Surveyor, Hall County, Georgia, dated August, 1936, recorded in Plat Book B, Page 264, Gwinnett County, Georgia records; and being also shown on survey from J. W. Cooper to C. R. Venable and Quinn Kennedy, dated September 6, 1957, prepared by H.L. Dunahoo, Georgia Registered Land Surveyor No. 277, recorded in Plat Book G, Page 117, Gwinnett County, Georgia records; being more particularly described as follows:

Beginning at a point on the southeasterly right of way of State Highway 13 at the center of Cooper Road; run thence South 38 degrees 25 minutes West along said right of way of State Highway 13 a distance of 112 feet, more or less, to an iron pin corner at property of Hosch; thence South 53 degrees East along property of Hosch a distance of 100 feet to a point; thence in a northeasterly direction a distance of 112 feet, more or less, to a point in the center of Cooper Road, thence in a northwesterly direction along the center of Cooper Road and following the curvature thereof a distance of 78 feet, more or less to the POINT OF BEGINNING.

PARCEL 32 Tax Map Parcel No. R7298 018

All that tract or parcel of land lying and being in Land Lot 298 of the 7th District, Gwinnett County, Georgia, being shown and delineated as Tract 1, being 0.297 acres, more or less, and Tract 2, being 1.51. acres, more or less, on plat of survey for Richard Tullis by W. T. Dunahoo and Associates, Inc., dated September 10, 1992, and being more particularly described as follows:

Beginning at a point on the eastern right of way of U. S. Highway 23 (100 foot right of way), said point being at the centerline of Cooper Road; thence run South 74 degrees 08 minutes 00 seconds East along said centerline a distance of 78.00 feet to a point; thence run South 27 degrees 46 minutes 24 seconds West a distance of 154.34 feet to an iron pin; thence run South 53 degrees 32 minutes 47 seconds East a distance of 104.00 feet to an iron pin; thence run South 39 degrees 09 minutes 00 seconds West a distance of 100.00 feet to an iron pin; thence run South 36 degrees 44 minutes 31 seconds

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West a distance of 99.10 feet to an iron pin; thence run South 53 degrees 32 minutes 47 seconds West a distance of 196.71 feet to a point on the centerline of a branch; thence running northeasterly and northwesterly along the centerline of said branch, and following the meanderings thereof, a distance of approximately 425.00 feet, to a point on the center line of Cooper Road; thence running northwesterly along the centerline of said branch, following the meanderings thereof, a distance of 266 feet, to a point on the eastern right of way of U.S. Highway 23; thence run South 37 degrees 23 minutes 12 seconds West along said right of way a distance of 94.25 feet to a point, being the place or POINT OF BEGINNING.

PARCEL 33 Tax Map Parcel No. R7298 017

All that tract or parcel of land lying and being in Land Lot 298 of the 7th District, Gwinnett County, Georgia, being 10.279, more or less, as shown on plat of survey for J. W. Cooper, dated January 26, 1996, prepared by Lannes K. Burkhalter of Advance Survey, Inc., Georgia Registered Land Surveyor No. 2581, recorded in Plat Book 69, Page 168, Gwinnett County, Georgia records, with said plat incorporated herein and made a part hereof by reference.

PARCEL 34 Tax Map Parcel No. R7298 016

All that tract or parcel of land lying and being in Land Lot 298 of the 7th District, Gwinnett County, Georgia, being Lots 18, 19, 20, 21, and 22, and a portion of Lots 5, 6, and 23, formerly part of the Elbert Whiting Subdivision as per plat of survey by S. C. Moon, Surveyor, Hall County, Georgia, dated August, 1936, recorded in Plat Book B, Page 264, Gwinnett County, Georgia records; being also shown as two tracts sold to Quinn Kennedy on survey from J. W. Cooper to C. R. Venable and Quinn Kennedy, dated September 6, 1957, prepared by H.L. Dunahoo, Georgia Registered Land Surveyor No. 277, recorded in Plat Book G, Page 117, Gwinnett County, Georgia records; and being also shown on surveys for Steve Damus, dated November 1, 2006, prepared by Dawson W. Gilmore of Gilmore Engineering, Georgia Registered Land Surveyor No. 13793, recorded in Plat Book 124, Pages 234 and 235; with said plats incorporated herein and made a part hereof by reference.

PARCEL 35 Tax Map Parcel No. R7298 015

All that tract or parcel of land lying and being in Land Lot 298 of the 7th District, Gwinnett County, Georgia, being Lot 17 of Elbert Whiting Subdivision as per plat of

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

survey by S. C. Moon, Surveyor, Hall County, Georgia, dated August, 1936, recorded in Plat Book B, Page 264, Gwinnett County, Georgia records, being incorporated by reference herein and made a part hereof for a more accurate legal description.

PARCEL 36 Tax Map Parcel No. R7298 063

All that tract or parcel of land lying and being in Land Lot 298 of the 7th District, Gwinnett County, Georgia, containing 3.966 acres, more or less, and being more particularly described as follows:

Begin at a point on the southeasterly right of way line of Buford Highway(State Route 13), said point being North 41 degrees 05 minutes 53 seconds East a distance of 425.89 feet from the intersection of the southeasterly right of way line of Buford Highway with the centerline of Cooper Road; run thence along the right of way line of Buford Highway North 41 degrees 12 minutes 05 seconds East a distance of 148.87 feet to a point; leaving said right of way run thence South 49 degrees 42 minutes 13 seconds East a distance of 151.90 feet to a point; run thence South 49 degrees 42 minutes 13 seconds East a distance of 758.79 feet to a point; run thence South 38 degrees 51 minutes 50 seconds West a distance of 198.13 feet to a point; run thence North 49 degrees 45 minutes 07 seconds West a distance of 723.51 feet to a point; run thence 49 degrees 45 minutes 15 seconds West a distance of 20.26 feet to a point; run thence North 41 degrees 12 minutes 05 seconds East a distance of 50.01 feet to a point; run thence North 49 degrees 45 minutes 15 seconds West a distance of 175.02 feet to the POINT OF BEGINNING."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia of 1983 and O.C.G.A. 18-1-14, notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia local legislation to amend an Act creating a new Charter for the City of Buford, approved June 3, 2003, (Ga. L. 2003, p. 4622 et seq), as amended, so as to change the corporate limits of the City to include certain areas of the City of Rest Haven; 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.

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GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Renee Unterman, who on oath deposes and says that she is the Senator from District 45 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 12, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ RENEE UNTERMAN Renee Unterman Senator, District 45

Sworn to and subscribed before me, this 2nd day of March, 2015.

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

Approved May 12, 2015.

__________

HOME RULE ORDINANCES
OF COUNTIES
AND CONSOLIDATED GOVERNMENTS

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CLAYTON COUNTY ) PUBLIC EMPLOYEE RETIREMENT SYSTEM; COMPOSITION OF PENSION BOARD.

STATE OF GEORGIA COUNTY OF CLAYTON

ORDINANCE NO. 2013-125

AN ORDINANCE ADOPTED UNDER THE HOME RULE POWERS GRANTED TO CLAYTON COUNTY PURSUANT TO ARTICLE IX, SECTION II, PARAGRAPH I OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1983, AMENDING THE CLAYTON COUNTY CODE OF ORDINANCES, SPECIFICALLY, RELEVANT SECTIONS OF THE CLAYTON COUNTY, GEORGIA PUBLIC EMPLOYEE RETIREMENT SYSTEM TO UPDATE THE ELIGIBLE POSITIONS CONSTITUTING THE PENSION BOARD RESPONSIBLE FOR THE ADMINISTRATION OF THE CLAYTON COUNTY, GEORGIA PUBLIC EMPLOYEE RETIREMENT SYSTEM; TO REPEAL CONFLICTING LAWS, ORDINANCES AND RESOLUTIONS; AND TO PROVIDE AN EFFECTIVE DATE OF THIS ORDINANCE.

WHEREAS, Clayton County and the Clayton County Water Authority maintain the Clayton County, Georgia Public Employee Retirement System (Pension Plan) (the "Plan") by an Act of the General Assembly of the State of Georgia, which originally became effective as of July 1, 1971;

WHEREAS, the Plan was last amended by Ordinance No. 2012-52 of the Clayton County Code of Ordinances;

WHEREAS, the Finance Department of Clayton County, Georgia has experienced a reorganization of its personnel which affects the desired composition of the Pension Board formed to administer the Plan; and

WHEREAS, the Board of Commissioners of Clayton County now desires to amend the Plan to revise those provisions of the Plan addressing the composition of the Pension Board to clarify that the position on the Pension Board reserved for a member of the Finance Department of Clayton County, Georgia shall be filled by its Chief Financial Officer or, in the absence of any person occupying the position of Chief Financial Officer, its Director of Finance;

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF CLAYTON COUNTY AND IT IS HEREBY ORDAINED:

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COUNTY HOME RULE ORDINANCES

Section I. By the authority granted to Clayton County pursuant to Article IX, Section II, Paragraph I of the Constitution of the State of Georgia of 1983, the Board of Commissioners hereby amends the Clayton County Code of Ordinances, as amended, by amending the Plan effective as of April 15, 2013, in the following particulars:

1. By deleting Section 1 of Appendix B of the Plan and by substituting therefor the following:

"SECTION 1 APPOINTMENT OF PLAN ADMINISTRATOR

The Plan Administrator shall be the Clayton County Pension Board (the "Pension Board"). The Pension Board shall consist of five (5) members, one of whom shall be the Chairperson of the Clayton County Water Authority, or said Chairperson's designee (in which case, the person so designated shall serve at the pleasure of said Chairperson); one of whom shall be the Chairperson of the Board of Commissioners, or said Chairperson's designee (in which case, the person so designated shall serve at the pleasure of said Chairperson); one of whom shall be the Director of the Clayton County Civil Service System; one of whom shall be the Chief Financial Officer of Clayton County (or if no person then occupies the position of Chief Financial Officer, the Director of Finance of Clayton County); and the fifth member of the Pension Board shall be selected by and appointed to the Pension Board by the four (4) enumerated members, said fifth member to be a resident of Clayton County, not less than 25 years of age, not in the employ of the State of Georgia, any County or Municipal government, and experienced in business or professional work. In the case of a tie, the Senior Judge of the Clayton County Judicial Circuit shall appoint the fifth member. Such fifth member shall serve for a term of four (4) years or until such member's successor is selected and qualified. The fifth member may succeed himself or herself, as the case may be, on the Pension Board. Other Pension Board members shall serve on the Pension Board by virtue of their elected or appointed positions. The members of the Pension Board shall serve without compensation with the exception of the member at large being the fifth member selected to the Pension Board by the four (4) enumerated members. The member at large shall receive a compensatory fee in the amount of $250.00 per meeting, not to exceed $250.00 per quarter, to be paid out of the funds of the Pension Plan. Nothing contained herein shall prohibit any member of the Pension Board from receiving reimbursement for reasonable expenses necessarily incurred during the course of authorized Pension Board business. Such expenses shall be reimbursed under the same circumstances and in the same manner as other County employees receive for authorized County related expenses."

2. By deleting Subsection (a) of Section 2 of Appendix B of the Plan and by substituting therefor the following:

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"(a) The Pension Board shall elect their own Chairperson and Vice Chairperson and shall delegate to such officers their respective duties. The Chief Financial Officer/Director of Finance of Clayton County shall act as Secretary to the Pension Board and in which capacity shall keep all of the records, books and minutes of the Pension Board."

Section II. In the event any section, paragraph, subpart, sentence, clause, phrase or word of this Ordinance shall be declared or adjudged unconstitutional or invalid by any Court, such declaration or adjudication shall not affect the remaining portions of this Ordinance which shall remain in full force and effect as if the portions declared invalid or unconstitutional had never been enacted into law.

Section III. All laws, ordinances or resolutions, or parts thereof, in conflict with provisions of this Ordinance are hereby repealed.

Section IV. This Ordinance shall become generally effective as of the date provided herein upon its approval by the Board of Commissioners after the second reading of the Ordinance, provided the same receives an affirmative vote of three or more members, and provided further that a copy of the Ordinance has been published in the official organ of Clayton County and filed with the Secretary of the State of Georgia as required by law.

SO ORDAINED, this 21st day of May, 2013.

CLAYTON COUNTY BOARD OF COMMISSIONERS

s/ JEFFREY E. TURNER JEFFREY E. TURNER, CHAIRMAN

s/ MICHAEL EDMONDSON MICHAEL EDMONDSON, VICE CHAIRMAN

s/ GAIL B. HAMBRICK GAIL B. HAMBRICK, COMMISSIONER

s/ SONNA SINGLETON SONNA SINGLETON, COMMISSIONER

s/ SHANA M. ROOKS SHANA M. ROOKS, COMMISSIONER

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COUNTY HOME RULE ORDINANCES

ATTEST:

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK

ORDINANCE 2013-125

The first reading of the above and foregoing Ordinance was held at the Regular Business Meeting of the Board of County Commissioners of Clayton County on May 14, 2013 with the following members present and accepting in favor of same by general consensus: Chairman Jeffrey E. Turner, Vice-Chairman Michael Edmondson, Commissioner Sonna Singleton, Commissioner Gail B. Hambrick, and Commissioner Shana M. Rooks.

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK CLAYTON COUNTY BOARD OF COMMISSIONERS

The second reading of the above and foregoing Ordinance was held at the Regular Business meeting of the Board of County Commissioners of Clayton County on May 21, 2013 with the following members present and voting for adoption in favor of same: Chairman Jeffrey E. Turner, Vice-Chairman Michael Edmondson, Commissioner Sonna Singleton, Commissioner Gail B. Hambrick, and Commissioner Shana M. Rooks. Vote unanimous.

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK CLAYTON COUNTY BOARD OF COMMISSIONERS

Having been read during the Regular Business Meeting of the Board of Commissioners of Clayton County on May 14, 2013 and the Regular Business Meeting on May 21, 2013, Ordinance 2013-125 was adopted at the Regular Business Meeting of May 21, 2013. The following members were present on May 21, 2013 and voted in favor to adopt Ordinance 2013-125: Chairman Jeffrey E. Turner, Vice-Chairman Michael Edmondson, Commissioner Sonna Singleton, Commissioner Gail B. Hambrick, and Commissioner Shana M. Rooks. Vote unanimous.

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK CLAYTON COUNTY BOARD OF COMMISSIONERS

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ATTEST:

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD CLERK OF THE COMMISSION May 23, 2014

(SEAL)

PUBLISHER'S AFFIDAVIT

State of Georgia County of Clayton

Personally appeared before the undersigned, Denise Clay, who after being first duly sworn states that she is the Credit Manager for the Clayton News Daily, official legal organ of Clayton County, Georgia, and that upon her own personal knowledge she knows that the advertisement, a true copy of which is hereto annexed, was published in said newspaper of general circulation on the following dates:

5/4/13, 5/8/13, 5/15/13

s/ DENISE CLAY Denise Clay, Affiant

Sworn to and subscribed before me the 30 day of May, 2014.

s/ LORI McCLANE Signed Lori McClane, Notary Public [NOTARY SEAL]

NOTICE OF INTENTION TO CONSIDER AN ORDINANCE AMENDING THE CODE OF ORDINANCES
AS IT RELATES TO THE CLAYTON COUNTY, GEORGIA PUBLIC EMPLOYEE RETIREMENT SYSTEM

Notice is hereby given that the Clayton County Board of Commissioners will consider an Ordinance proposed under the Home Rule Powers granted to Clayton County, Georgia pursuant to the Constitution of the State of Georgia of 1983. The ordinance relates to the Clayton County, Georgia Public Employee Retirement System and will update the eligible positions constituting the Pension Board responsible for the administration of the Clayton

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COUNTY HOME RULE ORDINANCES

County, Georgia Public Employee Retirement System; to repeal conflicting laws, ordinances and resolutions; and to provide an effective date of this ordinance.

The ordinance will be considered in a first reading by the Board of Commissioners during its regularly scheduled meeting commencing at 7:00 p.m. on May 14, 2013, and subsequently considered for adoption following a second reading during its regularly scheduled meeting commencing at 7:00 p.m. on May 21, 2013, in the Commissioners' Board Room located at 112 Smith Street, Jonesboro, Georgia. A copy of the proposed Ordinance is on file in the Office of the Clerk of the Superior Court of Clayton County for the purpose of examination and inspection by the public. The Clerk of the Superior Court will furnish anyone, upon written request, a copy of the proposed Ordinance. The Ordinance may also be reviewed and copied at the Clayton County Commissioners' Office located at 112 Smith Street, Jonesboro, Georgia. Questions may be directed to Jack Hancock, Clayton County Interim Staff Attorney, at the Clayton County Commissioners' Office or by telephone at 770-477-3207.

Filed in the Office of the Secretary of State June 13, 2014. __________

CLAYTON COUNTY ) PUBLIC EMPLOYEE RETIREMENT SYSTEM; RESTATEMENT OF PLAN.

STATE OF GEORGIA COUNTY OF CLAYTON

ORDINANCE NO. 2013-318

AN ORDINANCE ADOPTED UNDER THE HOME RULE POWERS GRANTED TO CLAYTON COUNTY PURSUANT TO ARTICLE IX, SECTION II, PARAGRAPH I OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1983, AMENDING THE CLAYTON COUNTY CODE OF ORDINANCES, SPECIFICALLY, RELEVANT SECTIONS OF THE CLAYTON COUNTY, GEORGIA PUBLIC EMPLOYEE RETIREMENT SYSTEM; TO REPEAL CONFLICTING LAWS, ORDINANCES AND RESOLUTIONS; AND TO PROVIDE AN EFFECTIVE DATE OF THIS ORDINANCE; AND FOR OTHER PURPOSES.

WHEREAS, Clayton County and the Clayton County Water Authority maintain the Clayton County, Georgia Public Employee Retirement System (Pension Plan) (the "Plan") by an Act of the General Assembly of the State of Georgia, which originally became effective as of July 1, 1971;

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WHEREAS, the Plan was last amended and restated by Ordinance No. 2013-125 of the Clayton County Code of Ordinances;

WHEREAS, the Clayton County Pension Board recommended the approval of the restatement of the Plan at its November 14, 2013 meeting;

WHEREAS, the Board of Commissioners now wishes to amend and restate the Plan primarily to consolidate amendments made subsequent to the last amendment and restatement of the Plan by Ordinance No. 2008-222 and to provide restated plan documentation to the Internal Revenue Service in connection with seeking an updated favorable determination letter pursuant to Internal Revenue Service Revenue Procedure 2013-6 (or any successor guidance); and

WHEREAS, the restatement of the Plan also contains clarifications pertaining to the manner in which average monthly compensation is determined for benefit calculation purposes; the qualifications for certain death benefits and the eligibility of certain classes of employees.

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF CLAYTON COUNTY AND IT IS HEREBY ORDAINED:

Section I. By the authority granted to Clayton County pursuant to Article IX, Section II, Paragraph I of the Constitution of the State of Georgia of 1983, the Board of Commissioners hereby amends the Clayton County Code of Ordinances, as amended, by amending and restating the Plan, generally effective as of July 1, 2013, in substantially the manner set forth in the instrument entitled the "Clayton County, Georgia Public Employee Retirement System (Pension Plan)" attached hereto as Exhibit "A" and incorporated herein.

Section II. In the event any section, paragraph, subpart, sentence, clause, phrase or word of this Ordinance shall be declared or adjudged unconstitutional or invalid by any Court, such declaration or adjudication shall not affect the remaining portions of this Ordinance which shall remain in full force and effect as if the portions declared invalid or unconstitutional had never been enacted into law.

Section III. All laws, ordinances or resolutions, or parts thereof, in conflict with provisions of this Ordinance are hereby repealed.

Section IV. This Ordinance shall become generally effective as of the date provided herein upon its approval by the Board of Commissioners after the second reading of the Ordinance, provided the same receives an affirmative vote of three or more members, and provided

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further that a copy of the Ordinance has been published in the official organ of Clayton County and filed with the Secretary of the State of Georgia as required by law.

SO ORDAINED, this the 7th day of January 2014.

CLAYTON COUNTY BOARD OF COMMISSIONERS

s/ JEFFREY E. TURNER JEFFREY E. TURNER, CHAIRMAN

s/ MICHAEL EDMONDSON MICHAEL EDMONDSON, COMMISSIONER

s/ SONNA SINGLETON SONNA SINGLETON, COMMISSIONER

s/ GAIL B. HAMBRICK GAIL B. HAMBRICK, COMMISSIONER

s/ SHANA M. ROOKS SHANA M. ROOKS, COMMISSIONER

ATTEST:

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK

EXHIBIT A

CLAYTON COUNTY, GEORGIA PUBLIC EMPLOYEE RETIREMENT SYSTEM
(PENSION PLAN)

(As amended and restated effective July 1, 2013)

The General Assembly of the State of Georgia established the Clayton County, Georgia Public Employee Retirement System (Pension Plan), by an Act which became effective Julyl, 1971 (the "Plan"). The Plan was last amended by Ordinance No. 2007-128 of the Clayton County Code of Ordinances.

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The Plan is a governmental plan within the meaning of Section 414(d) of the Code as a result of its establishment and continuing maintenance by a political subdivision of the State of Georgia.

The Plan is intended to qualify as a "pension plan" within the meaning of Sections 401(a) of the Internal Revenue Code of 1986, as amended, and Treasury Regulations Section 1.401-1(b)(1)(i) issued thereunder and is designed as a "defined benefit plan" within the meaning of Section 414(j) of the Internal Revenue Code of 1986, as amended.

The Primary Sponsor now wishes to amend and restate the Plan primarily to consolidate amendments made subsequent to the last amendment and restatement of the Plan and to provide restated plan documentation to the Internal Revenue Service in connection with seeking an updated favorable determination letter as a Cycle C filer pursuant to Revenue Procedure 2013-6 (or any successor guidance).

The provisions of the Plan, as amended and restated herein, shall apply to Plan Years beginning on and after July 1, 2013, and only to participants who have performed an Hour of Service on or after such date, except to the extent the provisions are required to apply at an earlier date or to any other participants to comply with applicable law.

CLAYTON COUNTY, GEORGIA PUBLIC EMPLOYEE RETIREMENT SYSTEM
(PENSION PLAN) TABLE OF CONTENTS

SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7
SECTION 8 SECTION 9 SECTION 10
SECTION 11 SECTION 12 SECTION 13 SECTION 14

DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ELIGIBILITY.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FUNDING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DEATH BENEFITS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RETIREMENT BENEFITS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAYMENT OF BENEFITS ON RETIREMENT. . . . . . . . . . . . . . . . PAYMENT OF BENEFITS ON TERMINATION OF EMPLOYMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ADMINISTRATION OF THE PLAN. . . . . . . . . . . . . . . . . . . . . . . . . CLAIM REVIEW PROCEDURE. . . . . . . . . . . . . . . . . . . . . . . . . . . . LIMITATION OF ASSIGNMENT, PAYMENTS TO LEGALLY INCOMPETENT DISTRIBUTEE AND UNCLAIMED PAYMENTS PROHIBITION AGAINST DIVERSION. . . . . . . . . . . . . . . . . . . . . . LIMITATION OF RIGHTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . AMENDMENT AND TERMINATION. . . . . . . . . . . . . . . . . . . . . . . INCORPORATION OF SPECIAL LIMITATION. . . . . . . . . . . . . . .

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APPENDIX A APPENDIX B APPENDIX C APPENDIX D APPENDIX E APPENDIX F

LIMITATION ON BENEFITS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ADMINISTRATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SPECIAL RULES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MINIMUM DISTRIBUTION REQUIREMENTS. . . . . . . . . . . . . . . EXCESS BENEFIT ARRANGEMENT. . . . . . . . . . . . . . . . . . . . . . . ACCRUED BENEFIT OF CERTAIN IDENTIFIED PARTICIPANTS

CLAYTON COUNTY, GEORGIA PUBLIC EMPLOYEE RETIREMENT SYSTEM
(PENSION PLAN)

SECTION 1 DEFINITIONS

Wherever used herein, the masculine pronoun shall be deemed to include the feminine, and the singular to include the plural, unless the context clearly indicates otherwise, and the following words and phrases shall, when used herein, have the meanings set forth below:

1.1 "Accrued Benefit" means the monthly retirement benefit which a Participant has earned up to any date, and which is payable at the later of his Normal Retirement Date or his Deferred Retirement Date in an amount computed as described in Section 5.2 based, however, only upon the Participant's Average Monthly Compensation and Credited Service as of the date the Accrued Benefit is determined.

Notwithstanding the foregoing or the provisions of Section 5, the Accrued Benefit of a Grandfathered Participant shall consist of the sum of two components that are separately calculated, as follows: (1) the monthly retirement benefit which the Grandfathered Participant has earned prior to qualifying as an Eligible Employee, and which is payable at the later of his Normal Retirement Date or his Deferred Retirement Date in an amount computed as described in Section 5.2 based, however, only upon the Grandfathered Participant's Average Monthly Compensation and Credited Service prior to the date that the Grandfathered Participant qualified as an Eligible Employee, plus (2) the monthly retirement benefit which the Grandfathered Participant has earned on and after qualifying as an Eligible Employee, and which is payable at the later of his Normal Retirement Date or his Deferred Retirement Date in an amount computed as described in Section 5.2 based, however, only upon the Grandfathered Participant's Average Monthly Compensation and Credited Service from and after the date that the Grandfathered Participant first qualified as an Eligible Employee.

1.2 "Actuarial Equivalent" means, effective June 1, 2001, a form of benefit differing in time, period, or manner of payment from a specific benefit provided under the Plan but

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having the same value when computed using UP-1984 mortality table with a one (1) year age setback and 8% pre-and post-retirement interest assumptions. Effective for distributions beginning on or after December 31, 2002, the mortality table to be used for purposes of determining the value of a form of benefit differing in time, period or manner of payment from a specific benefit provided under the Plan, but having the same value, shall be the table prescribed in Revenue Ruling 2001-62. Effective for distributions beginning on or after January 1, 2009, the applicable mortality table shall be the mortality table designated by the Secretary of the Treasury pursuant to Code Section 417(e)(3) as of July 1, 2008. The Actuarial Equivalent of a lump sum shall be the greater of the benefit payable at Normal Retirement Age or Early Retirement Age.

Notwithstanding the foregoing, (a) for purposes of determining a Disability retirement benefit payable to a Participant due to the Participant's Disability, the Actuarial Equivalent shall be determined using the mortality table prescribed in Revenue Ruling 96-7 for male persons disabled after 1994, and any successor guidance thereto and (b) for the purpose of adjusting any benefit or limitation under Code Section 415(b)(2)(B), (C) or (D), the Actuarial Equivalent shall be determined by using the interest rate assumptions and mortality table described in Appendix A.

1.3 "Actuary" means an actuary, enrolled by the Joint Board for the Enrollment of Actuaries, selected by the Plan Administrator to provide actuarial services for the Plan.

1.4 "Annual Compensation Limit" means $260,000, for Plan Years commencing on and after July 1, 2014, which amount may be adjusted in subsequent Plan Years based on changes in the cost of living as announced by the Secretary of the Treasury.

1.5 "Authorized Leave of Absence" means any absence authorized and approved by a Plan Sponsor under the Plan Sponsor's standard personnel practices, provided that the Participant returns or retires within the period specified leave of absence. An absence due to service in the Armed Forces of the United States shall be considered an Authorized Leave of Absence provided that the Employee complies with all the requirements of Federal law in order to be entitled to reemployment and provided further that the Employee returns to employment with the Plan Sponsor within the period provided by such law. In addition, any absence taken in accordance with the provisions of the Family and Medical Leave Act of 1993 and applicable regulations promulgated thereunder shall be considered an Authorized Leave of Absence.

1.6 "Average Monthly Compensation" means the monthly Compensation of a Participant averaged over the thirty-six (36) consecutive months of employment with a Plan Sponsor which produces the highest monthly average within the last sixty (60) completed whole or partial months of such employment. If a Participant has less than thirty-six (36) months of employment from his date of employment to his date of termination, his Average Monthly

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Compensation will be his monthly Compensation averaged over the number of months completed from his date of employment to his date of termination. For purposes of determining Average Monthly Compensation,
(a) partial months shall be taken into account; (b) if applicable, any intervening periods of non-employment, self- employment or employment with a party other than a Plan Sponsor shall be disregarded; and (c) any period of employment when a Participant is an active participant or member in the Employees Retirement System of Georgia or the Georgia State Employees Pension and Saving Plan (or any successor plan) shall be excluded from the determination.

Notwithstanding the foregoing or the provisions of Section 5, in determining the Accrued Benefit of a Grandfathered Participant under Clause (1) of the second paragraph of Section 1.1, Average Monthly Compensation shall be based upon the last five (5) completed years (or shorter period) in which the Grandfathered Participant was being paid a supplement by Clayton County in a capacity other than as an Eligible Employee and in determining the Accrued Benefit of a Grandfathered Participant under Clause (2) of the second paragraph of Section 1.1, Average Monthly Compensation shall be based upon the last five (5) completed years (or shorter period) during which the Grandfathered Participant was employed as an Eligible Employee.

1.7 "Beneficiary" means the person or trust that a Participant designated most recently to the Plan Administrator; provided, however, that if the Participant has failed to make a designation, no designated person is alive, no trust has been established, or no successor Beneficiary has been designated who is alive, the term "Beneficiary" means the Participant's spouse, if living. If the Participant does not have a surviving spouse, the term "Beneficiary" means the legal representative of the deceased Participant's estate. Changes in designations of Beneficiaries may be made upon written notice to the Plan Administrator in the form as the Plan Administrator may from time to time prescribe. Each Beneficiary designation filed with the Plan Administrator will cancel all Beneficiary designations previously filed with the Plan Administrator. The revocation of a Beneficiary designation, no matter how effected, shall not require the consent of any designated Beneficiary. Except as otherwise limited by Section 6.2(c), if a Participant becomes divorced from his spouse, any prior designation of such spouse as a Beneficiary shall be void as of the date of divorce, unless the Participant redesignates his former spouse as a Beneficiary after the date of divorce.

1.8 "Board of Commissioners" means the Board of Commissioners of Clayton County, Georgia.

1.9 "Code" means the Internal Revenue Code of 1986, as amended.

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1.10 "Compensation" means wages within the meaning of Code Section 3401(a) (for purposes of income tax withholding at the source) paid to an Employee by a Plan Sponsor during a Plan Year (but without regard to any rules that limit the remuneration included in wages based on the nature or location of the employment or the services performed, such as the exception for agricultural labor in Code Section 3401(a)(2)), to the extent not in excess of the Annual Compensation Limit for all purposes under the Plan except determining Key Employees and Highly Compensated Employees. Notwithstanding the above, Compensation shall be determined as follows:
(a) for all purposes under the Plan, except Appendix A hereto and for purposes of determining Highly Compensated Employees, Compensation shall mean only (i) annual salary or wages paid to an Eligible Employee for time worked during regularly scheduled work periods as recorded on the payroll records of the Plan Sponsor; (ii) holiday pay; and (iii) the following forms of premium pay: longevity pay, call back pay, and standby pay. For purposes of this Subsection (a), Compensation shall not include any other amounts, including, but not limited to, (I) commissions, fees (whether received from service upon a regulatory board or otherwise), salary paid by the State of Georgia or salary from a Plan Sponsor which is reimbursed to the Plan Sponsor by the State of Georgia, provided such reimbursements are considered in determining the Participant's accrued benefit under a pension or other retirement plan maintained by the State of Georgia; and (II) premium pay (other than those items listed in Clause (a)(iii) above) for services rendered for time worked in addition to an Employee's regularly scheduled work periods, including, but not limited to, overtime (e.g., one and one-half pay), comp time payoff, on call stipends, sick leave incentive or any other pay of a similar kind or character;
(b) effective as to persons who become Employees on or after September 1, 1995, for all purposes under the Plan, except Appendix A hereto, Compensation shall not include salary supplements paid by Clayton County to persons for services rendered other than as an Eligible Employee;
(c) for all purposes under the Plan, Compensation shall include amounts which are not currently includible in the gross income of the Employee under Sections 125, 132(f)(4), 414(h) and 457 of the Code and the regulations thereunder;
(d) for purposes of Plan Section 3.2, Compensation shall not include Compensation received for services rendered prior to the later of (i) the date the Employee becomes a Participant or (ii) September 1, 1995; and
(e) for purposes of determining the Accrued Benefit of a Participant who was formerly an employee of The City of Forest Park Water and Sewer Department who was an Employee of the Clayton County Water Authority on January 1, 1994, the Compensation of such Participant shall include compensation paid by The City of Forest Park Water and Sewer Department.

Notwithstanding the foregoing, if the exclusion of any amount described in Subsection (a) or (b) above results in a "compensation percentage" for Employees who are Highly

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Compensated Employees which is greater than the "compensation percentage" for Employees who are not Highly Compensated Employees by more than a de minimis amount, then such excluded amounts shall be included in Compensation; provided such amounts would otherwise fall within the definition of Compensation provided in the head language of this Section 1.10. The "compensation percentage" for a group of Employees is the average of the "compensation ratio" for each Employee in the group. An Employee's "compensation ratio" is the Employee's Compensation determined pursuant to this Section 1.10 divided by the Employee's Compensation determined pursuant to the Section 1.10 without giving effect to Subsections (a) and (b) above.

1.11 "Contribution Account Balance" means the accumulated amount of Participant contributions under Section 3.2 and interest thereon as of the date of determination. For purposes of this Section, "interest" shall be calculated annually as of June 30 by multiplying a Participant's Contribution Account Balance as of the immediately preceding July 1 by five percent (5%); provided, however, that the first interest calculation shall be made as of June 30, 1997.

1.12 "Credited Service" means the number of years and completed months (calculated by aggregating all periods whether or not consecutive) of continuous employment with a Plan Sponsor as an Employee beginning on the date on the Employee's employment commencement date and ending on his Severance Date. For purposes of determining Credited Service, the following rules shall apply:
(a) Effective January 1, 1999, a Participant's sick leave shall be counted as Credited Service in accordance with the following rules:
(i) Each Participant's current sick leave and reserved sick leave ("Total Sick Leave"), as determined under the Plan Sponsor's standard personnel practices, shall be used in determining Credited Service at the Participant's Retirement Date, death or other termination of employment.
(ii) With respect to periods of employment for which a Participant is not classified as Twenty-Four Hour Personnel, a Participant's Total Sick Leave shall be converted to months of Credited Service by dividing the number of hours of Total Sick Leave by 173.333 (the conversion factor assumes 21.666 eight-hour days per month, regardless of actual circumstances), with each 173.333 increment constituting one month of Credited Service.
(iii) With respect to periods of employment for which a Participant is classified as Twenty-Four Hour Personnel, except as provided in Section 1.12(a)(iv) below, a Participant's Total Sick Leave shall be converted to months of Credited Service by dividing the number of hours of Total Sick Leave by 264 hours (the conversion factor assumes eleven (11) twenty-four days per month, regardless of actual circumstances), with each 264 hour increment constituting one month of Credited Service.

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(iv) With respect to periods of employment for which a Participant is classified as Twenty-Four Hour Personnel, a Participant's Total Sick Leave accrued as of December 25, 1998 (but subject to reduction in accordance with either the immediately succeeding sentence or Section 1.30 or both) shall be converted to months of Credited Service by dividing the number of hours of Total Sick Leave by 173.333 hours (the conversion factor assumes 21.666 eight-hour days per month, regardless of actual circumstances), with each 173.333 increment constituting one month of Credited Service. Any reductions to such a Participant's reserve sick leave that occur as a result of the Participant's request to use accumulated reserve sick leave during his employment shall be applied against the Participant's reserve sick leave on a "first in, first out" basis.
(v) No partial month that results from the application of any conversion formula shall be so credited to a Participant's Credited Service.
(vi) Notwithstanding any other provision of this Section, Credited Service shall not be increased by any Total Sick Leave that is applied to reduce a Participant's Normal Retirement Age in accordance with Section 1.30. (b) Notwithstanding the foregoing or the provisions of Section 5, in determining the Accrued Benefit of a Grandfathered Participant under Clause (1) of the second paragraph of Section 1.1, Credited Service shall be based upon the period of time during which the Grandfathered Participant was being paid a supplement by Clayton County in a capacity other than as an Eligible Employee and in determining the Accrued Benefit of a Grandfathered Participant under Clause (2) of the second paragraph of Section 1.1, Credited Service shall be based upon the period of time during which the Grandfathered Participant was employed as an Eligible Employee. (c) Notwithstanding the foregoing or any other provision of the Plan, effective as of November 1, 2010, a Participant's Credited Service shall not include any period of employment when such Participant is an active participant or member in the Employees Retirement System of Georgia or the Georgia State Employees Pension and Saving Plan (or any successor plan). (d) Credited Service shall include a Participant's periods of employment with The City of Forest Park Water and Sewer Department prior to January 1, 1994 if the Participant was an Employee of the Clayton County Water Authority on January 1, 1994.

1.13 "Custodian" means the custodian appointed by the Plan Administrator to hold the assets of the Fund.

1.14 "Deferred Retirement Date" means the first day of the month coinciding with or next following the date subsequent to a Participant's Normal Retirement Age on which the Participant actually retires.

1.15 "Direct Rollover" means a payment by the Plan to the Eligible Retirement Plan specified by the Distributee.

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1.16 "Disability" means a physical or mental condition which totally and presumably permanently prevents a Participant from engaging in any substantial gainful employment and which entitles a Participant to receipt of a Social Security Disability Insurance Benefit under the Social Security Act or which would entitle the Participant to a Social Security Disability Insurance Benefit if the Participant were covered under the Social Security Act, as determined by the Plan Administrator from time to time based upon such medical evidence as it deems necessary. Any determination of Disability by the Plan Administrator shall be final and binding.

1.17 "Disability Retirement Date" means the first day of any month coinciding with or next following the month in which a Participant ceases to be an Employee as a result of a Disability.

1.18 "Distributee" means a Participant, a surviving spouse or a former spouse who is an alternate payee under a qualified domestic relations order, as defined in Code Section 414(p). A non-spouse Beneficiary of a deceased Participant who is either an individual or an irrevocable trust, where the beneficiaries of such trust are identifiable and the trustee provides the Plan Administrator with a final list of trust beneficiaries or a copy of the trust document by October 31 of the year following the Participant's death, shall be a Distributee with regard to the interest of the deceased Participant, but only if the Eligible Rollover Distribution is transferred in a direct trustee-to-trustee transfer to an Eligible Retirement Plan which is an individual retirement account described in Code Section 408(a) or an individual retirement account described in Code Section 408(b) (other than an endowment contract).

1.19 "Early Retirement Age" means, effective January 6, 1998, the earlier of (a) the date a Participant, prior to his Normal Retirement Age, has attained age 55 after completing at least fifteen (15) years of Credited Service or (b) the date a Participant, prior to his Normal Retirement Age, has attained age 50 after completing at least twenty-five (25) years of Credited Service. A Participant's Total Sick Leave (as determined in accordance with Section 1.12(a)) may not be used as an age credit towards Early Retirement Age.

1.20 "Early Retirement Date" means the first day of the month coinciding with or next following the date on which a Participant, prior to his Normal Retirement Age, retires after attaining Early Retirement Age.

1.21 "Effective Date" means July 1, 2013.

1.22 "Eligible Employee" means any Employee of a Plan Sponsor who is (a) a Commissioner of Clayton County; (b) a department head or staff member appointed by the Board of Commissioners; (c) employed under the Clayton County Civil Service System in a classified position; (d) a judicial secretary appointed by a Judge of Clayton County to

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perform services for his or her court; (e) an Associate Juvenile Court Judge; (f) a Probate Court Judge; (g) a Magistrate; (h) the Clerk of the Superior Court and, effective January 1, 2001, the Clerk of the State Court and court clerks appointed by such Clerks; (i) effective December 1, 2000, the Chief Court Orderly; (j) the Superior Court/State Court Administrator; (k) the Sheriff; (1) the Chief Deputy Sheriff; (m) a Tax Commissioner; (n) a Deputy Tax Commissioner; (o) classified in a Clayton County Water Authority position as listed in the Clayton County Water Authority Position Classification Plan; (p) appointed by the Clayton County Water Authority Board of Directors; or (q) a State Court law clerk. Notwithstanding any other provision of the Plan, effective with respect to Employees hired on and after July 1, 2012, no Employee (including without limitation any Clayton County elected official) of a Plan Sponsor who is enrolled as or becomes an active participant or member in the Employees Retirement System of Georgia or the Georgia State Employees Pension and Saving Plan (or any successor plan) shall be treated as an Eligible Employee even if the Employee is otherwise described in any one or more of Clauses (a) through (q) above.

All other Employees shall not be Eligible Employees, including but not limited to (1) a leased employee within the meaning of Code Section 414(n)(2) or (2) any person deemed to be an Employee of a Plan Sponsor pursuant to regulations under Code Section 414(o). In addition, no person who is initially classified for a period by a Plan Sponsor as an independent contractor for federal tax purposes shall be regarded as an Eligible Employee for that period, regardless of any subsequent independent determination that any such person should have been characterized as a common law employee of the Plan Sponsor for the period in question.

1.23 "Eligible Retirement Plan" means any of the following that will accept a Distributee's Eligible Rollover Distribution:
(a) an individual retirement account described in Code Section 408(a); (b) an individual retirement annuity described in Code Section 408(b) (other than an endowment contract); (c) an annuity plan described in Code Section 403(a) or an annuity contract described in Code Section 403(b), unless the Distributee is a non-spouse Beneficiary of a deceased Participant; (d) a qualified trust described in Code Section 401(a), unless the Distributee is a non-spouse Beneficiary of a deceased Participant; or (e) an eligible plan under Code Section 457(b) which is maintained by a state or political subdivision of a state, or any agency or instrumentality of a state or political subdivision and which agrees to separately account for amounts transferred into such plan from this Plan, unless the Distributee is a non-spouse Beneficiary of a deceased Participant.

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If any portion of an Eligible Rollover Distribution is attributable to payments or distributions from a designated Roth account (as defined in Code Section 402A), an Eligible Retirement Plan with respect to such portion shall include only another designated Roth account and a Roth IRA.

1.24 "Eligible Rollover Distribution" means any distribution of all or any portion of the balance to the credit of the Distributee, except that an Eligible Rollover Distribution does not include:
(a) any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Distributee or the joint lives (or joint life expectancies) of the Distributee and the Distributee's designated Beneficiary, or for a specified period of ten (10) years or more;
(b) any distribution to the extent such distribution is required under Code Section 401(a)(9);
(c) any distribution which is made upon hardship of the employee; (d) except as otherwise provided in this Section, the portion of any distribution that is not includable in gross income (determined without regard to the exclusions for net unrealized appreciation with respect to employer securities); and (e) if the Distributee is a non-spouse Beneficiary of a deceased Participant, any distribution other than a direct trustee-to-trustee transfer to an individual retirement account described in Code Section 408(a) or an individual retirement annuity described in Code Section 408(b) (other than an endowment contract).

"Eligible Rollover Distribution" shall include any portion of the distribution that is not includable in gross income, provided such amount is distributed directly to one of the following:
(i) an individual retirement account described in Code Section 408(a) or an individual retirement annuity described in Code Section 408(b) (other than an endowment contract); or
(ii) a qualified trust as described in Code Section 401(a) or an annuity contract described in Code Section 403(b), but only to the extent that
(A) the distribution is made in a direct trustee-to-trustee transfer; and (B)the transferee trust or contract provides for separate accounting for amounts so transferred (and earnings thereon), including separately accounting for the portion of the distribution which is includable in income and the portion which is not includable in income.

1.25 "Employee" means any person who is, with respect to a Plan Sponsor, (a) a regular full-time employee who performs services for the benefit of a Plan Sponsor who is paid with funds of the Plan Sponsor which are not reimbursed by the State of Georgia, (b) a leased employee within the meaning of Code Section 414(n)(2), or (c) deemed to be an employee

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pursuant to regulations under Code Section 414(o). For purposes of this Section, a regular Employee is one who is not classified as "temporary" under the Clayton County Civil Service System or by the Clayton County Water Authority. For purposes of this Section and Section 1.22, a "full-time employee" is one who is regularly scheduled to work a minimum of 40 hours per week.

1.26 "Fund" means the amount at any given time of the cash and other property held by the Custodian pursuant to the Plan.

1.27 "Grandfathered Participant" means an individual who became a Participant in the Plan prior to September 1, 1995 by virtue of receiving a salary supplement from Clayton County but who was first employed as an Eligible Employee on or after October 5, 2004.

1.28 "Highly Compensated Employee" means, with respect to a Plan Year, each Employee who:
(a) was at any time during the Plan Year, or the immediately preceding Plan Year, an owner of more than five percent (5%) of the outstanding stock of a Plan Sponsor or more than five percent (5%) of the total combined voting power of all stock of a Plan Sponsor;
(b) received Compensation in excess of $115,000 (for the Plan Year beginning in 2014) during the immediately preceding Plan Year, which amount shall be adjusted for changes in the cost of living as provided in regulations issued by the Secretary of the Treasury; or
(c) is a former Employee who met the requirements of Subsection (a) or (b) at the time the former Employee separated from service with the Plan Sponsor or at any time after the former Employee attained age 55.

1.29 "Normal Fund Payment" means a single life annuity, payable in monthly installments for the life of the Participant, with guaranteed payments for 60 months. If the Participant dies before receiving all of the guaranteed payments, the Participant's Beneficiary will receive the monthly benefit the Participant was receiving for the number of months left in the guarantee period. Notwithstanding the foregoing, in the case of a Participant (or Beneficiary) whose vested Accrued Benefit has an Actuarial Equivalent of $5,000 or less (effective July 1, 2001), the Normal Fund Payment is a lump sum payment in cash of such amount or, if greater, the amount credited to the Participant's Contribution Account Balance.

Any annuity may be purchased from an insurance company designated by the Plan Administrator, and may be distributed to the Participant or his Beneficiary, as the case may be. The distribution, if any, shall be in full satisfaction of the benefits to which the Participant or his Beneficiary is entitled under the Plan.

1.30 "Normal Retirement Age" means, effective June 1, 2001, the date a Participant attains the earlier of (a) the later of (i) age 60 or (ii) the Participant's seventh anniversary of

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participation in the Plan (or the Participant's fifth anniversary in the case of Safety Personnel who were Participants in the Plan on or before June 1, 2001); or (b) age 55 after completing twenty-five (25) years of Credited Service.

Effective January 1, 1999, a Participant, or the Beneficiary of a deceased Participant, may elect to apply all or a portion of a Participant's Total Sick Leave (as determined in accordance with Section 1.12(a)) as an age credit in the event the Participant would not, but for the age credit, be considered to have attained Normal Retirement Age. A Participant's actual age may be increased by the application of the Participant's Total Sick Leave in accordance with one of the following formulas, as applicable:
(a) With respect to periods of employment for which a Participant is not classified as Twenty-Four Hour Personnel, divide the number of hours of Total Sick Leave to be applied as an age credit by 173.333 hours (the conversion factor assumes 21.666 eight-hour work days per month, regardless of actual circumstances), with each 173.333 hour increment constituting one month of age credit;
(b) With respect to periods of employment for which a Participant is classified as Twenty-Four Hour Personnel, divide the number of hours of Total Sick Leave to be applied as an age credit by 264 hours (the conversion factor assumes eleven (11) twenty-four hour days per month, regardless of actual circumstances) with each 264 hour increment constituting one month of age credit. Any reductions to such a Participant's Total Sick Lave that occur as a result of the Participant's age credit election shall be applied against the Participant's Total Sick Leave on a "first in, first out" basis;
(c) No partial month that results from the application of any conversion formula shall be so credited to a Participant's actual age; and
(d) Notwithstanding any other provision of this Section, Credited Service shall not be increased by any Total Sick Leave that is applied as an age credit under this Section.

1.31 "Normal Retirement Date" means the first day of the month coinciding with or next following the date on which a Participant attains Normal Retirement Age.

1.32 "Participant" means any Employee or former Employee who has met the requirements of Plan Section 2 and who has not received a full distribution from the Plan of his Accrued Benefit. The term "Participant" shall include Grandfathered Participants except to the extent the provisions of the Plan expressly contemplate otherwise.

1.33 "Plan Administrator" means the Pension Board, as described in Appendix B.

1.34 "Plan Sponsor" means, individually or collectively, as the context requires, Clayton County and the Clayton County Water Authority.

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1.35 "Plan Year" means the twelve-month period commencing on July 1 and ending on June 30.

1.36 "Retirement Date" means a Participant's Normal Retirement Date (provided the Participant retires upon attaining his Normal Retirement Age), Early Retirement Date, Disability Retirement Date or Deferred Retirement Date.

1.37 "Safety Personnel" means an Employee who is either (a) certified under police officer standard training, (b) a firefighter, or (c) an emergency medical technician.

1.38 "Severance Date" means the earlier of: (a) the date of the last active day of work of the Employee if the Employee quits, retires
or is discharged; or (b) the first anniversary of the first date of a period in which the Employee remains absent
from service (with or without pay) with a Plan Sponsor for any reason other than resignation, attainment of a Retirement Date, discharge, an Authorized Leave of Absence or death, such as vacation, holiday, sickness, disability, or layoff.

Notwithstanding the foregoing, the Severance Date of an Employee who remains absent from service beyond the first anniversary of the first date of a period of absence (1) by reason of the pregnancy of the Employee, (2) by reason of the birth of a child of the Employee, (3) by reason of the placement of a child with the Employee in connection with the adoption of a child by the Employee, or (4) for purposes of caring for such child for a period immediately following its birth or placement, means the second anniversary of the first date of the absence.

1.39 "State Enacted Retirement Plan" means a pension or retirement plan established by the legislature of the State of Georgia or otherwise maintained by the State of Georgia if contributions for Employees to such plan come from Clayton County funds or from funds of the State of Georgia which, but for the contribution, would go to Clayton County.

1.40 "State Enacted Retirement Plan Offset Amount" means a monthly benefit payable at the same time as the Accrued Benefit, and which is the Actuarial Equivalent to any and all benefits payable to a Highly Compensated Participant or the Beneficiary of a Highly Compensated Participant under a State Enacted Retirement Plan.

1.41 "Twenty-Four Hour Personnel" means each Employee who is regularly scheduled to work twenty-four hour work shifts on a full-time basis of no less than 2,808 hours per calendar year. Effective on and after January 1, 1999, only firemen and emergency medical service personnel who satisfy the criteria set forth in the immediately preceding sentence qualify as Twenty-Four Hour Personnel.

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1.42 "Vesting Service" means, the number of years (calculated by aggregating all periods whether or not consecutive) of continuous employment with a Plan Sponsor as an Employee beginning on the date of the Employee's employment commencement date and ending on his Severance Date. An Authorized Leave of Absence, whether or not compensated, shall be included in determining Vesting Service. For purposes of determining the Vesting Service of a Participant who was formerly an employee of The City of Forest Park Water and Sewer Department who was an Employee of the Clayton County Water Authority on January 1, 1994, the Vesting Service of such Participant shall include his periods of service with The City of Forest Park Water and Sewer Department.

SECTION 2 ELIGIBILITY

2.1 Each Eligible Employee shall become a Participant as of the first day the Eligible Employee is an Employee.

2.2 Each former Participant who is reemployed by a Plan Sponsor shall become a Participant as of the date of his reemployment as an Eligible Employee.

2.3 Each individual who was a Participant on the day immediately preceding the Effective Date (including any Participant who, as of the Effective Date, is no longer an Eligible Employee) shall continue to be a Participant as of the Effective Date.

SECTION 3 FUNDING

3.1 (a) Each Plan Sponsor shall contribute to the Fund such amounts as are determined by the Actuary to be necessary to fund the benefits provided under the Plan; provided, however, each Plan Sponsor will appropriate to the Fund annually, to be paid in quarterly installments, a sum of not less than 12.9% of Compensation, as defined in Section 1.10(a) above, of all Eligible Employees. The Actuary will analyze the Plan and the Fund a minimum of one time every two years and will report to the Plan Administrator its findings. In the event the Plan report reveals that the appropriations herein provided are insufficient to maintain the Plan on a sound basis, it will be the duty of the Plan Sponsor to appropriate such additional sums as would be necessary to maintain the Fund and the Plan on a sound financial basis until the next actuarial analysis. Should the Actuary subsequently find that a lesser appropriation by the Plan Sponsor would maintain the Fund on a sound financial basis, then each Plan Sponsor is authorized, upon approval of the Plan Administrator, to decrease its contribution to the percentage of the total payroll found by the Actuary to be sufficient, when combined with the Participant contributions set forth herein, to maintain the Plan and Fund on such financial basis.

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(b) All forfeitures arising under the Plan shall be used to reduce the cost of the Plan and shall not be used to increase any benefits payable under the Plan.

(c) Notwithstanding the other provisions of this Section 3.1, the Plan Sponsor shall have the right, but not the obligation, to contribute such additional amounts as it, in its sole discretion, deems necessary or desirable to maintain the actuarial soundness of the Plan, and each Plan Sponsor shall also have the right at any time to discontinue contributions hereunder.

3.2 Five and one-half percent (5%) of the Compensation, as defined in Section 1.10(a) above, of every Participant will be deducted by the Plan Sponsor and will be transferred to the Fund as soon as administratively feasible after deduction. The contributions required by this Section are mandatory and the Participant does not have the option to receive such contributions in cash. Although such contributions are designated as Participant contributions, the contributions will be "picked up" by the Plan Sponsor as described in Code Section 414(h)(2) and will be treated as being paid by the Plan Sponsor in lieu of contributions by Participants in determining tax treatment under Code Section 414(h)(2).

3.3 Notwithstanding any other provision of the Plan to the contrary, benefits and service credit with respect to qualified military service will be provided in accordance with Code Section 414(u).

SECTION 4 DEATH BENEFITS

4.1 Upon the death of a Participant who is receiving payments under the Plan, his Beneficiary shall be entitled to receive such payments, if any, as are payable to a Beneficiary in accordance with the form of payment selected by the Participant pursuant to Plan Section 6.

4.2 (a) If a Participant dies while employed by a Plan Sponsor (i) after reaching Normal Retirement Age or (ii) prior to reaching Normal Retirement Age, but either (A) in the performance of his duties for a Plan Sponsor the discharge of which was the proximate cause of death or (B) on or after attaining age 50 and completing at least seven (7) years of Vesting Service, the Participant's Beneficiary shall receive a death benefit commencing as of the first day of the month immediately following the date of the Participant's death in the form which would have been payable to the Beneficiary if the Participant had:
(1) separated from service immediately prior to his date of death; (2) if the Participant was married at the time of his death and the Participant's Beneficiary is his spouse, elected to receive a distribution in the form of a contingent annuity under which the reduced monthly benefit payments are made to the Participant

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during his lifetime and following his death are continued to his spouse in an amount equal to fifty percent (50%) of the monthly payments to the Participant or, if the Participant was not then married or the Participant's Beneficiary is not his spouse, elected to receive a Normal Fund Payment; and
(3) died immediately thereafter.

Any death benefits payable under this Section 4.2(a) shall not be actuarially reduced for their commencement prior to the Participant's Normal Retirement Age. In addition, the Beneficiary of a Participant eligible for death benefits under this Section 4.2(a) may elect, in lieu of the form of death benefit payment described in Clause (2) of this Section 4.2(a), to receive the Actuarial Equivalent of such death benefits in a lump sum payment in cash;

(b) if a Participant dies while employed by a Plan Sponsor, other than in the performance of his duties for a Plan Sponsor the discharge of which was the proximate cause of death and prior to attaining age fifty (50), but after completing at least seven (7) years of Vesting Service, the Participant's Beneficiary shall receive a death benefit in the form set forth below commencing as of the first day of the month following the date on which the Participant would have first attained Normal Retirement Age or Early Retirement Age, if otherwise eligible, if the Participant had:
(1) separated from service immediately prior to his date of death; (2) survived until his Normal Retirement Age or Early Retirement Age, whichever date would have been the first to occur; (3) if the Participant was married at the time of his death and the Participant's Beneficiary is his spouse, elected to receive a distribution in the form of a contingent annuity under which the reduced monthly benefits payments are made to the Participant during his lifetime and following his death are continued to his spouse in an amount equal to fifty percent (50%) of the monthly payments to the Participant or, if the Participant was not then married or the Participant's Beneficiary is not his spouse, elected to receive a Normal Fund Payment; and (4) died immediately thereafter; or (c) if a Participant terminates employment after completing at least seven (7) years of Vesting Service, but prior to age 50, and subsequently dies prior to commencement of payment of benefits under the Plan, the Participant's Beneficiary shall receive a death benefit in the form set forth below, commencing as of the first day of the month following the date on which the Participant would have first attained Normal Retirement Age or Early Retirement Age, if otherwise eligible, if the Participant had: (1) retired immediately prior to his date of death; (2) survived until his Normal Retirement Age or Early Retirement Age, whichever date would have been the first-to occur; (3) if the Participant was married at the time of his death and the Participant's Beneficiary is his spouse, elected to receive a distribution in the form of a contingent

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annuity under which the reduced monthly benefit payments are made to the Participant during his lifetime and, following his death, are continued to his spouse in an amount equal to fifty percent (50%) of the monthly payments to the Participant or, if the Participant was not then married or the Participant's Beneficiary is not his spouse, elected to receive a Normal Fund Payment; and
(4) died immediately thereafter.

4.3 Any annuity may be purchased from an insurance company designated by the Plan Administrator and may be distributed to the Participant's Beneficiary. The distribution, if any, shall be in full satisfaction of the benefits to which the Beneficiary is entitled under the Plan. Any benefit payable under this Section 4 shall be paid in accordance with and subject to the provisions of Plan Sections 6.4, 6.5, and 6.7 and 7.3, if applicable.

4.4 In lieu of the death benefits described in this Section 4 to which a spouse or Beneficiary may be entitled, a Participant's spouse or Beneficiary may elect to receive the Participant's Contribution Account Balance upon the Participant's death. If a Beneficiary elects to receives a distribution of the Participant's Contribution Account Balance under this Section 4.5, then no additional benefits will be payable to such Beneficiary under any circumstances and, furthermore, the Contribution Account Balance so received by such Beneficiary will be in full settlement of any and all obligations of the Plan to the Participant and his Beneficiary. Any distribution under this Section 4.4 shall be made in the form of a lump sum in cash.

4.5 Notwithstanding anything to the contrary in this Section 4, if the Participant's vested Accrued Benefit has a present value Actuarial Equivalent of $5,000 or less, any benefits payable to a Beneficiary described in this Section shall be paid in the form of a lump sum payment in cash.

4.6 Effective January 1, 2007, in case of a Participant who dies while performing qualified military service (as defined in Code Section 414(u)), the survivors of the Participant are entitled to any additional benefits (other than benefit accruals relating to the period of qualified military service) provided under the Plan had the Participant resumed and then terminated employment on account of death.

SECTION 5 RETIREMENT BENEFITS

5.1 The amount of a Participant's Accrued Benefit upon his Retirement Date shall be determined in accordance with this Section 5.

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5.2 Normal Retirement Date. The Accrued Benefit of a Participant as of his Normal Retirement Date shall be a monthly benefit (payable in monthly installments as an annuity for the Participant's life with 60 months guaranteed commencing at the Participant's Normal Retirement Date), equal to the product of (a) multiplied by (b) where (a) is two and one-half percent (2%) of the Participant's Average Monthly Compensation, and (b) is the Participant's years of Credited Service (not to exceed 32). Notwithstanding the foregoing,
(a) in calculating the Participant's Accrued Benefit under this Section 5.2, the Accrued Benefit of a Highly Compensated Employee shall be reduced by any State Enacted Retirement Plan Offset Amount; provided the Plan Sponsor can reasonably determine the State Enacted Retirement Plan Offset Amount.
(b) the Accrued Benefit of certain Participants identified in Appendix F as of their Normal Retirement Date shall be the monthly benefit payable in the Normal Fund Payment specified in Appendix F and such monthly benefit shall be in lieu of any other payment of benefits under the Plan.

5.3 Early Retirement Date. The Accrued Benefit of a Participant who attains his Early Retirement Date shall be a monthly benefit (payable in monthly installments as an annuity for the Participant's life with 60 months guaranteed commencing at the Participant's Normal Retirement Date), determined pursuant to Plan Section 5.2, but based upon his years of Credited Service (not to exceed 32) and Average Monthly Compensation as of his Early Retirement Date. Notwithstanding the foregoing, a Participant who has reached his Early Retirement Date may elect to begin receiving a monthly pension, commencing at the Participant's Early Retirement Date, which benefit shall equal his Accrued Benefit reduced by one-half () of one percent (0.5%) for each month by which payments commence prior to the Participant's Normal Retirement Date. The Accrued Benefit of certain Participants identified in Appendix F, however, shall not be subject to the reduction described in the immediately preceding sentence.

5.4 Deferred Retirement Date. The Accrued Benefit of a Participant as of his Deferred Retirement Date shall be a monthly benefit (payable in monthly installments as an annuity for the Participant's life with 60 months guaranteed commencing at the Participant's Deferred Retirement Date), determined pursuant to Plan Section 5.2, but based upon his years of Credited Service (not to exceed 32) and Average Monthly Compensation as of his Deferred Retirement Date; provided, however, if greater, the benefit payable pursuant to this Section 5.4 shall be the Participant's Accrued Benefit determined as of his Normal Retirement Age.

5.5 Disability Retirement Date. If a Participant becomes Disabled prior to retirement or any other termination of employment either (a) as the result of his performance of duties for a Plan Sponsor after completing at least three (3) years of Vesting Service or (b) after completing seven (7) years of Vesting Service, and by reason thereof such Participant's status

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as an Employee ceases, then said Participant shall be entitled to receive a Disability retirement benefit (payable in monthly installments as an annuity for Participant's life with 60 months guaranteed commencing at the Participant's Disability Retirement Date) equal to 30% of the Participant's monthly rate of Compensation as of the date of his Disability. Disability benefit payments to the Participant shall be discontinued in the event the Plan Administrator determines that the Participant is no longer suffering from a Disability. If such a Participant does not then return to the employ of the Plan Sponsor, for purposes of determining the Participant's rights to future benefits under the Plan, he will be treated as if he suffered a termination of employment as of his Disability Retirement Date. Notwithstanding the foregoing, in no event shall the Disability retirement benefit payable under this Section 5.5 be less than the Participant's Accrued Benefit as of his Disability Retirement Date, without regard to the reductions described in Plan Section 5.3.

5.6 Notwithstanding any other provision of this Section to the contrary, the Accrued Benefit of any Participant shall not be less than the Accrued Benefit determined as of June 30, 1997 under the terms of the Plan in effect prior July 1, 1997 and shall not be less than the Accrued Benefit determined as of August 7, 1998 under the terms of the Plan in effect prior to August 8, 1998.

5.7 Minimum Benefit. Effective as of July 1, 2006, any Participant, qualifying spouse or Beneficiary receiving a monthly benefit under any provision of the Plan of less than $300 as of July 1, 2006 (determined after the four percent (4%) cost-of living adjustment provided pursuant to Section 2C of Appendix C), shall receive a minimum monthly pension benefit of $300 for the remainder of his benefit payment period and, if applicable, the benefit payment period for any survivor benefit available under the form of payment elected by the Participant.

SECTION 6 PAYMENT OF BENEFITS ON RETIREMENT

6.1 The retirement benefit (as described in Plan Section 5) of a Participant who has attained his Retirement Date or has attained Normal Retirement Age shall be fully vested and nonforfeitable. As of a Participant's Retirement Date, payment of his vested retirement benefit shall be made in accordance with this Section. Payments shall commence as of the first day of the month coinciding with or next following the Participant's Retirement Date. If the amount of the payment required to commence on a given date cannot be ascertained by that date, payment shall commence retroactively to that date and shall commence no later than sixty (60) days after the earliest date on which the amount of the payment can be ascertained under the Plan.

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6.2 (a) Any retirement benefit payments pursuant to the Plan shall be in the form of a Normal Fund Payment, unless the Participant's vested Accrued Benefit has an Actuarial Equivalent of greater than $5,000 at the time he or his Beneficiary is entitled to the commencement of payments under the Plan and the Participant elects not to receive the Normal Fund Payment by execution and delivery to the Plan Administrator of a form provided for that purpose by the Plan Administrator. If an election is made, payments shall be paid in the Actuarial Equivalent form set forth in Subsection (b) of this Section chosen by the Participant by written instrument delivered to the Plan Administrator prior to the date payments are otherwise to commence.
(b) The alternate forms of payment are: (1) a contingent annuitant option under which reduced monthly benefit payments are
made to the Participant during his lifetime and following his death are continued to his Beneficiary in an amount equal to 100%, 75% or 50% (as elected by the Participant) of the monthly payments to the Participant;
(2) a single life annuity, payable in monthly installments, with guaranteed payments for 120 months. If the Participant dies before receiving all of the guaranteed payments, his Beneficiary will receive the monthly benefit the Participant was receiving for the number of months left in the guaranteed period;
(3) for annuity starting dates beginning on or before December 31, 2008, monthly benefit payments over a fixed period of 60 months. If the Participant dies before receiving all of the installment payments, his Beneficiary will receive the monthly benefit the Participant was receiving for the number of months left in the installment period; and
(4) for annuity starting dates beginning on or before December 31, 2008, monthly benefit payments over a fixed period of 114 months. If the Participant dies before receiving all of the installment payments, his Beneficiary will receive the monthly benefit the Participant was receiving for the number of months left in the installment period. (c) The Participant may revoke any election not to receive payment in the form of a Normal Fund Payment at any time prior to commencement of payments from the Fund, and may make a new election at any time prior to the commencement of payments from the Fund. The election of the contingent annuitant option shall be null and void if, prior to the date benefit payments commence, (1) either the Participant or the Participant's Beneficiary die, or (2) the Participant's Beneficiary is the Participant's spouse and the Participant becomes divorced from his spouse. In the event the election becomes null and void, the Participant shall have the right to name a new contingent annuitant or elect another option provided in this Section. The election of the contingent annuitant option and the Participant's Beneficiary cannot be changed or revoked after the date benefit payments commence. (d) In accordance with the requirements contemplated by Section 6.4(a), the contingent annuitant option providing for a survivor benefit of 100% to a Beneficiary other than the spouse may not be elected if the Beneficiary is more than ten (10) years younger than the Participant and the contingent annuitant option providing for a survivor benefit of 75% to

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a Beneficiary other than the spouse may not be elected if the Beneficiary is more than nineteen (19) years younger than the Participant.

6.3 In lieu of the retirement benefits described in Section 5, a Participant may elect to receive a distribution of his Contribution Account Balance as soon as administratively feasible following his Retirement Date. If a Participant receives his Contribution Account Balance under this Section 6 3, then no additional benefits will be payable to the Participant or his Beneficiaries under any circumstances unless such individual again becomes a Participant and earns additional benefits. The payment of a Participant's Contribution Account Balance will be in the form of one (1) lump sum in cash and will be in full settlement of any and all obligations of the Plan to the Participant and his Beneficiaries unless he again becomes a Participant and earns additional benefits under the Plan.

6.4 Notwithstanding anything to the contrary contained in the Plan: (a) the payments to be made to a Participant shall satisfy the incidental death benefit
requirements under Code Section 401(a)(9)(G) and the regulations thereunder; and (b) if the Actuarial Equivalent of a Participant's vested Accrued Benefit exceeds $1,000,
it shall not be distributed prior to the Participant's Normal Retirement Age without the written consent of the Participant.

6.5 Distributions will be made in accordance with Code Section 401(a)(9) and the regulations issued thereunder, including the minimum distribution incidental benefit requirements, and will be administered in accordance with the requirements of Appendix D hereto.

6.6 (a) If a Participant is reemployed by a Plan Sponsor prior to his Normal Retirement Date and after the payment of retirement benefits to him have been made or commenced, the payment of any remaining portion of his retirement benefits shall be suspended during the time he is reemployed. The payment of retirement benefits that have been suspended shall resume following the Participant's subsequent retirement in the same form of benefit previously made to the Participant prior to his reemployment. Such Participant shall be entitled to any additional Accrued Benefit determined under Plan Section 5 upon his subsequent retirement. The retirement benefit payable upon the Participant's subsequent retirement will be reduced by the Actuarial Equivalent of the payments received by the Participant prior to his Normal Retirement Date, but not below the level of the retirement benefits previously payable to the Participant.
(b) If a Participant is reemployed by a Plan Sponsor as a full-time employee after his Normal Retirement Date and after the payment of retirement benefits to him have been made or commenced, the payment of any remaining portion of his retirement benefits shall be suspended during the time he is reemployed. The payment of retirement benefits that have been suspended shall resume following the Participant's subsequent retirement in the

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same form of benefit previously made to the Participant prior to his reemployment. Such Participant shall be entitled to any additional Accrued Benefit determined under Plan Section 5 upon his subsequent retirement. The retirement benefit payable upon the Participant's subsequent retirement will be reduced by the Actuarial Equivalent of the payments received by the Participant, but not below the level of the retirement benefits previously payable to the Participant.

6.7 (a) Notwithstanding any provision of the Plan to the contrary, a Distributee may elect, at the time and in the manner prescribed by the Plan Administrator, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover; provided, however, (1) if a Distributee's Eligible Rollover Distribution to be paid during a calendar year is reasonably expected to be less than $200, the entire amount of such Eligible Rollover Distribution for such year shall be paid directly to the Distributee and not to an Eligible Retirement Plan; (2) if a Distributee elects to have a portion, but not all, of his Eligible Rollover Distribution paid directly to an Eligible Retirement Plan in a Direct Rollover, the minimum amount of the Eligible Rollover Distribution that he can elect to have paid to an Eligible Retirement Plan in a Direct Rollover shall be $500, and (3) a Distributee may only designate one Eligible Retirement Plan to which his Eligible Rollover Distribution may be transferred.
(b) To the extent required by applicable law, the Plan Administrator shall furnish a Distributee, within the period beginning 90 days prior to the date his Eligible Rollover Distribution commences and ending 30 days prior to such date, with a written explanation of (1) the rules under which he may have his Eligible Rollover Distribution paid to an Eligible Retirement Plan, (2) the rules that require the withholding of tax on an Eligible Rollover Distribution if it is not paid to an Eligible Retirement Plan, (3) the rules under which he will not be subject to tax if the Eligible Rollover Distribution is contributed to an Eligible Retirement Plan within 60 days of distribution, and (4) if applicable, the provisions concerning taxation of lump-sum distributions pursuant to Code Section 402(d). If the Eligible Rollover Distribution is one to which Code Sections 401(a)(11) and 417 do not apply, such Eligible Rollover Distribution may commence less than thirty (30) days after the notice required under Treasury Regulations Section 1.411(a)-11(c) is given, provided that:
(1) the Plan Administrator clearly informs the Distributee that the Distributee has a right to a period of at least thirty (30) days after receiving the notice to consider the decision of whether or not to elect a distribution (and, if applicable, a particular distribution option); and
(2) the Distributee, after receiving the notice, affirmatively elects a distribution.

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SECTION 7 PAYMENT OF BENEFITS ON TERMINATION OF EMPLOYMENT

7.1 Transfer of a Participant from one Plan Sponsor to another Plan Sponsor shall not be deemed for any purpose under the Plan to be a termination of employment by the Participant.

7.2 Except as provided below, if a Participant terminates employment with a Plan Sponsor, such Participant shall be entitled to receive that portion of his Accrued Benefit, determined as of his termination of employment, in which he is vested according to the following vesting schedule:

Full Years of Vesting Service Less than 7 7 or more

Percentage Vested
0% 100%

Notwithstanding the foregoing vesting schedule, in no event will a Participant's vested percentage be less than his vested percentage determined under the terms of the Plan in effect prior to the Effective Date.

7.3 The retirement benefit payable to a Participant under this Section shall be in the form of a Normal Fund Payment, unless the Participant elects otherwise pursuant to Plan Section 6. Payment shall commence, except as otherwise provided in this Section, as of the first day of the month coinciding with or next following the Participant's Normal Retirement Age. Effective January 6, 1998, if a Participant has completed fifteen (15) years of Credited Service on the date he terminates employment, he may elect to receive his retirement benefit on or after the date he attains Early Retirement Age, reduced as provided in Plan Section 5.3. Notwithstanding the foregoing, if the Actuarial Equivalent of a Participant's vested Accrued Benefit is not more than $5,000, payment shall be made within a reasonable period of time after the end of the Plan Year in which the Participant terminates employment; provided that, if the Actuarial Equivalent of the Participant's vested Accrued Benefit exceeds $1,000, payment will not be made to the Participant prior to the Participant's Normal Retirement Age without the written consent of the Participant. The retirement benefits payable to a Participant hereunder shall be subject to the provisions of Plan Sections 6.2, 6.4, 6.5 and 6.7.

7.4 In lieu of the retirement benefits described in Section 5, a vested Participant may elect to receive a distribution of his Contribution Account Balance as soon as administratively feasible after his termination of employment. If a Participant receives his Contribution Account Balance under this Section 7.4, then no additional benefits will be payable to the Participant or his Beneficiaries under any circumstances unless such individual again becomes a Participant and earns additional benefits. The payment of a Participant's

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Contribution Account Balance will be in the form of one (1) lump sum in cash and will be in full settlement of any and all obligations of the Plan to the Participant and his Beneficiaries unless he again becomes a Participant and earns additional benefits under the Plan.

7.5 As of a Participant's termination of employment, that portion of his Accrued Benefit in which he is not vested shall be forfeited, and any forfeitures resulting from the operation of this Section 7 shall be used to reduce the cost of the Plan by reducing future Plan Sponsor contributions.

7.6 (a) If a Participant (1) terminates employment with a vested Accrued Benefit, (2) does not receive a distribution of his Contribution Account Balance under Section 6.3 or 7.4 hereof, and (3) becomes reemployed by a Plan Sponsor, any Credited Service and Vesting Service prior to his termination of employment shall be considered for all purposes under the Plan.
(b) If a Participant (1) terminates employment without a vested interest in his Accrued Benefit, (2) does not receive a distribution of his Contribution Account Balance under Section 6.3 or 7.4 hereof, and (3) becomes reemployed by a Plan Sponsor, any Credited Service and Vesting Service prior to his termination of employment shall be disregarded for all purposes under the Plan unless the Participant is credited with at least seven (7) years of Vesting Service following his reemployment date.
(c) If a Participant (1) terminates employment with a vested Accrued Benefit, (2) receives a distribution of his Contribution Account Balance under Section 6.3 or 7.4 hereof, and (3) becomes reemployed by a Plan Sponsor, any Credited Service and Vesting Service earned prior to his termination of employment shall be disregarded for all purposes under the Plan unless (i) the Participant is credited with at least seven (7) years of Vesting Service following his reemployment date; and (ii) the Participant repays the amount of such prior distribution to the Plan in a lump sum no later than twelve (12) months after the later of his date of reemployment or June 30, 2004.
(d) If a Participant (1) terminates employment without a vested interest in his Accrued Benefit, (2) receives a distribution of his Contribution Account Balance under Section 7.4 hereof, and (3) becomes reemployed by a Plan Sponsor, any Credited Service and Vesting Service earned prior to his termination of employment shall be disregarded for all purposes under the Plan unless (i) the Participant is credited with at least seven (7) years of Vesting Service following his reemployment date; and (ii) the Participant repays the amount of such prior distribution to the Plan in a lump sum no later than twelve (12) months after the later of his date of reemployment or June 30, 2004.
(e) If a Participant, who has experienced a Severance Date and was reemployed prior to July 1, 2003, could have his Vesting Service and Credited Service earned prior to his termination of employment restored under the provisions of Section 7.6(b) or (c), as in effect for Eligible Employees immediately prior to July 1, 2003 (the "Prior Restoration Rules"), then such a Participant may make a repayment in accordance with the Prior

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Restoration Rules and have his Vesting Service and Credited Service earned prior to his termination of employment considered in accordance with the provisions of the Prior Restoration Rules. If a Participant satisfies both the conditions of one of the Prior Restoration Rules and the successor to that rule under Subsection (b) or (c) above, as applicable, the Participant's Vesting Service and Credited Service earned prior to his reemployment shall be considered, to the extent applicable, in the manner that provides the Participant with the greater benefit.
(f) Notwithstanding any other provision of this Section to the contrary: (1) Sections 7.6(b), (c), (d) and (e) above shall only apply to Eligible Employees who
actively work on and after July 1, 2003; (2) for purposes of determining a Participant's Accrued Benefit under Section 5, years
of Credited Service in excess of 32, if any, shall not be considered; (3) if a Grandfathered Participant terminates employment and subsequently becomes
reemployed, any restored Credited Service and Vesting Service shall be counted in accordance to, and consistent with, the provisions of the second paragraph of Section 1.1; and
(4) if a Participant (1) terminates employment with or without a vested interest in his Accrued Benefit, (2) receives a distribution of his Contribution Account Balance under Section 6.3 or 7.4 hereof, and (3) becomes reemployed by a Plan Sponsor on or before October 31, 2008, any Credited Service and Vesting Service earned prior to his termination of employment shall be disregarded for all purposes under the Plan unless (i) the Participant elects to repay the amount of such prior distribution to the Plan on or before March 15, 2009, in the manner prescribed by the Plan Administrator; (ii) the Participant is credited with at least seven (7) years of Vesting Service following his reemployment date; and (iii) the Participant repays the amount of such prior distribution to the Plan (in accordance with such rules and limitations the Plan Administrator may prescribe) no later than March 15, 2011.

SECTION 8 ADMINISTRATION OF THE PLAN

8.1 Assets of the Fund.

(a) All contributions made by a Plan Sponsor shall be deposited in the Fund, which shall be administered by the Plan Administrator. The Plan Administrator shall have the authority to develop a statement of investment policy. The Plan Administrator shall also have the authority to invest and reinvest money which is held for the purpose of paying retirement benefits under the Plan, but which is not needed for immediate payment, as determined by the Plan Administrator, in accordance with such investment policy to be known as the Clayton County Pension Board Employees' Retirement Plan Statement of Investment Policy, as amended from time to time. The Board of Commissioners shall have

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the primary authority to appoint and select any consultant, advisor, or manager to assist the Plan Administrator with the investment or reinvestment of the assets of the Fund.
(b) The Plan Administrator shall exercise voting rights pertaining to any security at any time held in the Fund, and accept and hold any securities issued in connection therewith in accordance with rules and procedures and requirements as may be adopted and delegated by the Plan Administrator in accordance with the Plan Administrator Procedures in Appendix B hereto.
(c) The Plan Administrator shall annually have an appraisal of the Fund conducted by a qualified investment appraisal firm for the purpose of ascertaining productivity and soundness of investments and will use such appraisals in their responsibility of investing the assets of the Fund.
(d) The Plan Administrator shall have an annual audit of the Fund prepared by the auditors employed by Clayton County, Georgia and make report of such audit examination to the Board of Commissioners.
(e) Except as otherwise provided above, all assets of the Fund, including investment income, shall be retained for the exclusive benefit of Participants and their Beneficiaries or shall be used to pay benefits to such persons or to pay administrative expenses to the extent not paid by a Plan Sponsor.

8.2 Fiduciary Responsibility.

(a) The Plan Administrator shall issue directions to the Custodian concerning all benefits which are to be paid from the Fund pursuant to the provisions of the Plan.
(b) The Plan Administrator, may allocate its fiduciary responsibilities among fiduciaries designated in writing by the Plan Administrator and may designate in writing other persons to carry out its fiduciary responsibilities under the Plan. The Plan Administrator may at any time and from time to time remove any such person designated to carry out its fiduciary responsibilities under the Plan by notice in writing to such person.
(c) The Plan Administrator and each other Plan fiduciary may employ persons to perform services and to render advice with regard to any of the fiduciary's responsibilities under the Plan.
(d) Each Plan Sponsor shall indemnify and hold harmless each person constituting the Plan Administrator from and against any and all claims, losses, costs, expenses (including, without limitation, attorney's fees and court costs), damages, actions or causes of action arising from, on account of or in connection with the performance by such person of his duties in such capacity, provided such person acted in good faith.

8.3 Duties of the Plan Administrator.

(a) The Plan Administrator shall from time to time establish rules, not contrary to the provisions of the Plan, for the administration of the Plan and the transaction of its business.

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All elections and designations to be made under the Plan by a Participant or his spouse shall be made on forms prescribed by the Plan Administrator. The Plan Administrator shall have discretionary authority to construe the terms of the Plan and shall determine all questions arising in the administration, interpretation and application of the Plan, including, but not limited to, those concerning eligibility for benefits, and it shall not act so as to discriminate in favor of any person. All determinations of the Plan Administrator shall be conclusive and binding on all Employees, Participants, Beneficiaries, and fiduciaries, subject to the provisions of the Plan and subject to applicable law.
(b) The Plan Administrator shall furnish Participants and Beneficiaries of deceased Participants with any disclosures now or hereafter required by the Code. The Plan Administrator shall file any reports and disclosures concerning the Plan and its operations as required by the Code, and shall be responsible for establishing and maintaining all records of the Plan.
(c) The statement of specific duties for a Plan Administrator in this Section 8.3 is not in derogation of any other duties which a Plan Administrator has under the provisions of the Plan or under applicable law.

8.4 Action by Plan Sponsor. Any action to be taken by a Plan Sponsor shall be taken by resolution or written direction duly adopted by the appropriate governing body; provided, however, that by resolution or written direction, such governing body may delegate to any officer or other appropriate person the authority to take any such actions as may be specified in such resolution or written direction.

SECTION 9 CLAIM REVIEW PROCEDURE

9.1 In the event that a Participant or Beneficiary is denied a claim for benefits under the Plan, the Plan Administrator shall provide to such claimant written notice of the denial which shall set forth:
(a) the specific reasons for the denial; (b) specific references to the pertinent provisions of the Plan on which the denial is based; (c) a description of any additional material or information necessary for the claimant to perfect the claim and an explanation of why such material or information is necessary; and (d) an explanation of the Plan's claim review procedure.

9.2 After receiving written notice of the denial of a claim, a claimant or his representative may request a full and fair review of the denial by written application to the Plan Administrator, review pertinent documents, and submit issues and comments in writing to the Plan Administrator.

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9.3 If the claimant wishes such a review of the decision denying his claim to benefits under the Plan, he must submit such written application to the Plan Administrator within sixty (60) days after receiving written notice of the denial.

9.4 Upon receiving the written application for review, the Plan Administrator may schedule a hearing for purposes of reviewing the claimant's claim, which hearing shall take place not more than sixty (60) days from the date on which the Plan Administrator received the written application for review.

9.5 At least ten (10) days prior to the scheduled hearing, the claimant and his representative designated in writing by him shall receive written notice of the date, time, and place of such scheduled hearing. The claimant or his representative may request that the hearing be rescheduled, for his convenience, on another reasonable date or at another reasonable time or place.

9.6 All claimants requesting a review of the decision denying their claim for benefits may employ counsel for purposes of the hearing.

9.7 No later than sixty (60) days after receiving the written application for review, the Plan Administrator shall submit its decision in writing to the claimant and to his representative, if any; provided, however, a decision on the written application for review may be extended, if special circumstances, such as the need to hold a hearing require an extension of time, to a date no later than one hundred twenty (120) days after the date of receipt of the written application for review. The decision shall include specific reasons therefor and specific references to the pertinent Plan provisions on which it is based.

SECTION 10 LIMITATION OF ASSIGNMENT, PAYMENTS TO LEGALLY INCOMPETENT DISTRIBUTEE AND UNCLAIMED PAYMENTS

10.1 No benefit which shall be payable under the Plan to any person shall be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance or charge, and any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber or charge the same shall be void. No benefit shall in any manner be liable for, or subject to, the debts, contracts, liabilities, engagements or torts of any person, nor shall it be subject to attachment or legal process for, or against, any person, and the same shall not be recognized under the Plan, except to such extent as may be required by law. Notwithstanding the above, this Section shall not apply to a "qualified domestic relations order" (as defined in Code Section 414(p)), and benefits may be paid pursuant to the provisions of such an order. The Plan Administrator shall develop procedures (in accordance with applicable federal law) to

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determine whether a domestic relations order is qualified, and, if so, the method and the procedures for complying therewith.

10.2 If any person who shall be entitled to any benefit under the Plan shall become bankrupt or shall attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber or charge such benefit under the Plan, then the payment of any such benefit in the event a Participant or Beneficiary is entitled to payment shall, in the discretion of the Plan Administrator, terminate and in that event the Custodian shall hold or apply the same for the benefit of such person or his spouse in the manner and proportion as the Plan Administrator shall determine.

10.3 Whenever any benefit which shall be payable under the Plan is to be paid to or for the benefit of any person who is then a minor or determined to be incompetent by qualified medical advice, the Plan Administrator need not require the appointment of a guardian or custodian, but shall be authorized to cause the same to be paid over to the person having custody of the minor or incompetent, or to cause the same to be paid to the minor or incompetent without the intervention of a guardian or custodian, or to cause the same to be paid to a legal guardian or custodian of the minor or incompetent if one has been appointed or to cause the same to be used for the benefit of the minor or incompetent. Any benefit payment made in accordance with the provisions of this Section shall be a complete discharge of any liability for the making of such payment.

10.4 Whenever the Plan Administrator cannot, within a reasonable time after payments are to commence, locate any person to or for the benefit of whom such payments are to be made, after making a reasonable effort to locate such person, the amount to be paid shall become a forfeiture under the Plan and shall be used to reduce the cost of the Plan.

SECTION 11 PROHIBITION AGAINST DIVERSION

At no time shall any part of the Fund be used for or diverted to purposes other than the exclusive benefit of the Participants or their Beneficiaries, subject, however, to the payment of all taxes and administrative expenses and subject to the provisions of the Plan with respect to returns of contributions.

SECTION 12 LIMITATION OF RIGHTS

Neither the Plan nor the mere fact of Plan participation shall give any Employee or other person any right or claim except to the extent that the right or claim is specifically fixed under the terms of the Plan and the Fund is sufficient therefor. The establishment of the Plan

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shall not be construed to give any Employee a right to continue in the employ of a Plan Sponsor or as interfering with the right of the Plan Sponsor to terminate the employment of any Employee at any time.

SECTION 13 AMENDMENT AND TERMINATION

13.1 Subject to applicable state law to the contrary, the Board of Commissioners reserves the right at any time to modify, amend, or terminate the Plan in whole or in part; provided, however, that the Board of Commissioners shall have no power to modify or amend the Plan in such manner as would cause or permit any portion of the funds held under the Plan to be used for, or diverted to, purposes other than for the exclusive benefit of Participants or their Beneficiaries, or as would cause or permit any portion of any funds held under the Plan to become the property of a Plan Sponsor. No modifications or amendments shall have the effect of retroactively changing or depriving Participants or Beneficiaries of rights already accrued under the Plan. No Plan Sponsor other than the Board of Commissioners shall have the right to so modify, amend or terminate the Plan.

13.2 Subject to applicable state law to the contrary, each Plan Sponsor other than Clayton County shall have the right to terminate its participation in the Plan by resolution of its appropriate governing body, unless the termination would result in the disqualification of the Plan as to any other Plan Sponsor. If contributions by or on behalf of a Plan Sponsor are completely terminated, the Plan shall be deemed terminated as to such Plan Sponsor. In the event of termination of the Plan, the benefit payable to any Highly Compensated Employee is limited to an amount that is nondiscriminatory under Code Section 401(a)(4).

13.3 In the event of the termination or partial termination of the Plan, each affected Participant's Accrued Benefit as of the date of such termination or partial termination, to the extent funded as of such date, shall be fully vested and thereafter shall be nonforfeitable, notwithstanding the provisions of Plan Section 7.2.

SECTION 14 INCORPORATION OF SPECIAL LIMITATION

Appendices A, B, C, D, E and F to the Plan attached hereto are hereby incorporated by reference and the provisions of the same shall apply notwithstanding anything to the contrary herein.

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APPENDIX A LIMITATION ON BENEFITS

SECTION 1

(a) Notwithstanding any other provision of the Plan, in no event shall the annual pension benefit of a Participant attributable to Plan Sponsor contributions, determined as of his annuity starting date, exceed the dollar limitation set forth in Code Section 415(b)(1)(A) ($210,000 for 2014). The dollar limitation shall be subject to adjustment in accordance with regulations issued by the Secretary of the Treasury or other applicable provision of law, provided that any adjustment to the dollar limitation shall be effective as of January 1 of each calendar year and shall be applicable with respect to the limitation year ending with or within each calendar year. The adjustment to the dollar limitation shall also apply to Participants whose annual pension benefits under the Plan have already commenced and are in pay status.
(b) The limitation under Section 1(a) above shall be adjusted annually permitting an increase in a Participant's periodic payments effective for payments due on or after January 1 of the limitation year for which the increase in the limitation year is effective. The adjusted limitation in Section 1(a) shall be equal to the greater of the amount that would be permitted without regard to the adjustment multiplied by a fraction, the numerator of which is the limitation under Section 1(a) taking into account the adjustment, and the denominator of which is the limitation in effect for the immediately preceding limitation year. The limitation under Section 1(a) shall be adjusted for each limitation year by multiplying the limitation applicable for the immediately preceding limitation year by an annual adjustment factor, with any result that is not a multiple of $5,000 rounded down to the next lowest multiple of $5,000. The "annual adjustment factor" is a fraction, the numerator of which is the value of the applicable index for the calendar quarter ending September 30 of the calendar year preceding the calendar year for which the adjustment is being made and the denominator of which is the value of such index for the calendar quarter beginning July 1, 2001; provided that if the fraction determined under this sentence is less than one (1), then such fraction shall be deemed to be equal to (1). The "applicable index" is determined consistent with the procedures to adjust benefit amounts under Section 215(i)(2)(A) of the Social Security Act (92 P.L. 336).
(c) For purposes of determining the annual pension benefit due to Plan Sponsor contributions, a Participant will be treated as having elected a single life annuity for his own life commencing on the same date as the form of benefit chosen by the Participant, which annuity is the actuarial equivalent of the form of benefit chosen by the Participant. For purposes of this Subsection (c), the actuarial equivalent of the Participant's chosen form of benefit will be the greater of:
(i) the annual amount of the single life annuity (if any) payable to the Participant under the Plan; or

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(ii) the annual amount of the single life annuity commencing at the same annuity starting date that has the same actuarial present value as the form of benefit payable to the Participant, computed using a five percent (5%) interest assumption and the applicable mortality table described in Code Section 415(b)(2)(E)(v) for that annuity starting date. (d) Notwithstanding the foregoing, in the case of a "qualified participant," (as defined under Code Section 415(b)(2)(H) and applicable regulations thereunder) Section 2 below shall not apply. For purposes of this Section a "qualified participant" is a Participant who has at least fifteen (15) years of Credited Service as a full-time Employee of a police department or fire department which is organized and operated by Clayton County.

SECTION 2

If retirement payments to a Participant commence before the Participant attains age sixty-two (62), the limitation under Section 1(a) of this Appendix shall be age-adjusted as provided in this Section 2. The age-adjusted limit is determined as the actuarial equivalent of the annual amount of a straight life annuity commencing on the annuity starting date that has the same actual present value as a deferred straight life annuity commencing at age sixty-two (62), where annual payments under the straight life annuity commencing at age sixty-two (62) are equal to the adjusted Section 1(a) limitation and where the actuarial equivalent straight life annuity is computed assuming a five percent (5%) interest rate and the applicable mortality table that is effective for that annuity starting date under Code Section 415(b)(2)(E)(v) (expressing the Participant's age based on completed calendar months as of the annuity starting date). However, the age-adjusted limitation shall be less if the age-adjusted limitation described in the immediately preceding sentence is greater than the adjusted Section 1(a) limitation multiplied by the ratio of the annual amount of the immediately commencing straight life annuity under the Plan to the annual amount of the straight life annuity under the Plan commencing at age sixty-two (62), with both annual amounts determined using the Plan factors for determining the Accrued Benefit of the Participant and without applying the limitation rules under this Appendix A. No adjustment for mortality shall be taken into account in performing the first calculation required by this Section 2 to the extent permitted by Treas. Reg. Section 1.415(b)-1(d)(2).

The requirements of this Section 2 do not apply to a distribution on account of the Participant's incurring a Disability or as a result of the death of a Participant.

SECTION 3

If retirement payments to a Participant commence after the Participant attains age sixty-five (65), the limitation under Section 1(a) of this Appendix shall be age-adjusted as provided in this Section 3. The age-adjusted limitation is determined as the actuarial equivalent of the annual amount of a straight life annuity commencing on the annuity starting date that has the

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same actual present value as a straight life annuity commencing at age sixty-five (65), where annual payments under the straight life annuity commencing at age sixty-five (65) are equal to the adjusted Section 1(a) limitation and where the actuarial equivalent straight life annuity is computed using a five percent (5%) interest rate and the applicable mortality table under Code Section 415(b)(2)(E)(v) that is effective for that annuity starting date (expressing the Participant's age based on completed calendar months as of the annuity starting date). However, the age-adjusted limitation shall be less if the age-adjusted limitation described in the immediately preceding sentence is greater than the adjusted Section 1(a) limitation multiplied by the adjustment ratio, which is equal to the ratio of the "adjusted immediately commencing straight life annuity" described in Treas. Reg. Section 1.415(b)-1(e)(ii) to the "adjusted age 65 straight life annuity" described in Treas. Reg. Section 1.415(b)-(1)(e)(iii). No adjustment for mortality shall be taken into account in performing the first calculation required by this Section 3 to the extent permitted by Treas. Reg. Section 1.415(b)-1(e)(2).

SECTION 4

In the case of a Participant who has less than ten (10) years of participation in the Plan, as determined under Treasury Regulations Section 1.415(b)-1(g), the limitation under Section 1(a) shall be determined by multiplying the otherwise applicable limit by a fraction, the numerator of which is the number of years (or part thereof) of participation in the Plan and the denominator of which is ten (10). Notwithstanding the above, in no event shall the limitations contained in this Subsection reduce the limitations referred to in Section 1(a) to an amount less than one-tenth (1/10) of the applicable limitation provided in Section 1(a) (as determined without regard to this Subsection). To the extent provided in regulations promulgated by the Secretary of the Treasury, this Subsection shall be applied separately with respect to each change in the benefit structure of the Plan.

The requirements of this Section 4 do not apply to a distribution on account of the Participant's incurring a Disability or as a result of the death of a Participant.

SECTION 5

For purposes of this Appendix A, the term "limitation year" shall mean a Plan Year unless a Plan Sponsor elects, by adoption of a written resolution, to use any other twelve-month period in accordance with regulations issued by the Secretary of the Treasury.

SECTION 6

For purposes of applying the limitations of this Appendix A, to the extent required by Code Section 415(f) and the regulations thereunder, all defined contribution plans maintained or deemed to be maintained by a Plan Sponsor shall be treated as one defined contribution plan,

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and all defined benefit plans now or previously maintained or deemed to be maintained by a Plan Sponsor shall be treated as one defined benefit plan.

SECTION 7

For purposes of applying the limitations set forth in this Appendix A, where a defined benefit plan provides for mandatory employee contributions (as defined in Code Section 411(c)(2)(C) and Treas. Reg. Section 1.411(c)-1(c)(4)), the annual benefit attributable to those contributions is not taken into account, but those contributions are considered a separate defined contribution plan maintained by the Plan Sponsor which is subject to the limitations set forth in this Appendix A. For this purpose, contributions that are picked up by the Plan Sponsor as described in Code Section 414(h)(2) are not considered employee contributions.

SECTION 8

Benefits provided under a "qualified governmental excess benefit arrangement" as defined in Code Section 415(m)(3) and as provided for in Appendix E of the Plan shall not be taken into account for purposes of applying the limitations set forth in this Appendix A.

SECTION 9

To the extent not expressly set forth herein, the annual benefit limitations of Code Section 415 and applicable Treasury regulations promulgated thereunder applicable to governmental plans, within the meaning of Code Section 414(d), are incorporated herein by reference. The provisions of this Appendix shall be construed in a manner consistent with the provisions of Treas. Reg. Section 1.415(a)-1 et seq. and any successor guidance. The foregoing provisions of this Appendix A shall be interpreted in a manner consistent with the corresponding provisions of Treas. Reg. Section 1.415(a)-1 et seq. except to the extent such corresponding provisions suggest an alternative methodology. To the extent the foregoing provisions of this Appendix A do not specify a method of application where more than one application is permissible, the default application under Treas. Reg. Section 1.415(a)-1 et seq. shall apply.

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APPENDIX B ADMINISTRATION

SECTION 1 APPOINTMENT OF PLAN ADMINISTRATOR

The Plan Administrator shall be the Clayton County Pension Board (the "Pension Board"). The Pension Board shall consist of five (5) members, one of whom shall be the Chairperson of the Clayton County Water Authority, or said Chairperson's designee (in which case, the person so designated shall serve at the pleasure of said Chairperson); one of whom shall be the Chairperson of the Board of Commissioners, or said Chairperson's designee (in which case, the person so designated shall serve at the pleasure of said Chairperson); one of whom shall be the Director of the Clayton County Civil Service System; one of whom shall be the Chief Financial Officer of Clayton County (or if no person then occupies the position of Chief Financial Officer, the Director of Finance of Clayton County); and the fifth member of the Pension Board shall be selected by and appointed to the Pension Board by the four (4) enumerated members, said fifth member to be a resident of Clayton County, not less than 25 years of age, not in the employ of the State of Georgia, any County or Municipal government, and experienced in business or professional work. In the case of a tie, the Senior Judge of the Clayton County Judicial Circuit shall appoint the fifth member. Such fifth member shall serve for a term of four (4) years or until such member's successor is selected and qualified. The fifth member may succeed himself or herself, as the case may be, on the Pension Board. Other Pension Board members shall serve on the Pension Board by virtue of their elected or appointed positions. The members of the Pension Board shall serve without compensation with the exception of the member at large being the fifth member selected to the Pension Board by the four (4) enumerated members. The member at large shall receive a compensatory fee in the amount of $250.00 per meeting, not to exceed $250.00 per quarter, to be paid out of the funds of the Pension Plan. Nothing contained herein shall prohibit any member of the Pension Board from receiving reimbursement for reasonable expenses necessarily incurred during the course of authorized Pension Board business. Such expenses shall be reimbursed under the same circumstances and in the same manner as other County employees receive for authorized County related expenses.

SECTION 2 PENSION BOARD PROCEDURES

(a) The Pension Board shall elect their own Chairperson and Vice Chairperson and shall delegate to such officers their respective duties. The Chief Financial Officer/Director of Finance of Clayton County shall act as Secretary to the Pension Board and in which capacity shall keep all of the records, books and minutes of the Pension Board.

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(b) Each member of the Pension Board, other than the Secretary, shall have the privilege of serving as Chairman determined annually. The election of officers of the Pension Board shall be held at the first meeting of the Pension Board each calendar year.
(c) The Pension Board shall hold annually a minimum of four (4) regular meetings in the Administration Building, open to the public, and such special meetings as shall be called by the Chairman, or a majority of the members of the Pension Board. The Secretary of the Pension Board shall give written notice to the members of all regular and special meetings.
(d) A majority of the members of the Pension Board shall constitute a quorum for all purposes. A quorum of said Pension Board shall be necessary for the transaction of any business or the conduct of any hearings before said Pension Board, and no benefits shall be granted without the affirmative vote of at least three (3) members of the Pension Board.

APPENDIX C SPECIAL RULES

SECTION 1 PRIOR COMPENSATION LIMIT EFFECTIVE JANUARY 1, 1992

(a) In no event shall Compensation for any Plan Year, exceed $200,000 (the "Compensation Limitation"). In addition, if Compensation for any Plan Year prior to January 1, 1989 is used to determine a Pension in any year beginning on or after January 1, 1989, then the Compensation Limitation for that prior year shall be $200,000; except that such limitation shall not have the effect of reducing any benefit accrued prior to January 1, 1989.
(b) For all purposes of the Plan, the Compensation Limitation shall be increased automatically as permitted by Treasury Department regulations to reflect cost-of-living adjustments. As a result of such an adjustment, the Compensation Limitation in effect for a Plan Year shall apply only to a Participant's Compensation for that year and Compensation for any prior Plan Year shall be subject to the applicable Compensation Limitation in effect for that prior year.
(c) Notwithstanding anything to the contrary in this Section 1, references to the Plan and to defined terms are references to those provisions of the Plan and defined terms in effect as of January 1, 1992.

SECTION 2 INCREASES IN RETIREMENT BENEFITS

A. First Adjustment (a) The pension benefits for an eligible retiree (a "Participant") who retired under the Plan
on or before January 1, 1992 shall be increased effective January 1, 1994. The level of increase for each Participant, qualifying spouse or Beneficiary shall be equal to one percent

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(1%) for every full year completed from the date of retirement up to and including January 1, 1994.
(b) Effective January 1, 1994, any Participant, qualifying spouse or Beneficiary receiving a benefit under any provision of the Plan as of June 30, 1992, and who is still receiving a pension on January 1, 1994, shall receive a one time cost-of-living adjustment ("COLA") to his benefit. The amount of the one-time COLA shall be equal to one percent (1%) of the number of full years such person's benefit has been in pay status as of December 31, 1993. In determining the number of full years the benefit of a Beneficiary under either of the optional forms of benefit under Section 6.01(a) or 6.01(b) of the Plan has been in pay status, the benefit commencement date shall be the date the Participant's benefit commenced, not the date the Beneficiary's benefit commenced.
(c) Notwithstanding anything to the contrary in this Section 2, references to the Plan and to defined terms are references to those provisions of the Plan and defined terms in effect as of January 1, 1992.

B. Second Adjustment (a) The pension benefits for an eligible retiree (a "Participant") who retired under the Plan
before January 1, 1996 shall be increased effective August 1, 1997. The level of increase for each Participant, qualifying spouse or Beneficiary shall be equal to two dollars ($2.00) per month for every full year of credited service at the time of retirement.
(b) Notwithstanding anything to the contrary in this Section 2, references to the Plan and to defined terms are references to those provisions of the Plan and defined terms in effect as of January 1, 1992.

C. Third Adjustment Effective July 1, 2006, any Participant, qualifying spouse or Beneficiary receiving a benefit
under any provision of the Plan as of January 1, 2001, and who is still receiving a pension on July 1, 2006, shall receive a one time cost-of-living adjustment to his benefit. The amount of the one-time cost-of-living adjustment shall be equal to four percent (4%) of the benefit then being paid to the eligible Participant, surviving spouse or Beneficiary, including any prior cost-of-living adjustments.

D. Fourth Adjustment (a) Effective on and after July, 1, 2009, any Participant, qualifying spouse or Beneficiary
who is then receiving or subsequently receives a monthly benefit in the form of the Normal Fund Payment or in an alternate form of payment provided under 6.2(b)(1) or (2), and, in combination with a Participant with respect to whom the benefit is derived (if applicable), has received a monthly benefit for at least the preceding eighty-four (84) months, shall receive an automatic cost-of-living adjustment to his monthly benefit each July 1, beginning with the July 1 immediately following the month for which the Participant, qualifying spouse or Beneficiary receives his eighty-fourth (84th) monthly benefit payment. The amount of the

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cost-of-living adjustment for each Plan Year shall be equal to two percent (2%) of the benefit payable to the eligible Participant, qualifying spouse or Beneficiary, including any prior cost-of-living adjustments.
(b) Effective on and after July 1, 2006, any Participant, qualifying spouse or Beneficiary receiving a monthly benefit in an alternate form of payment provided under Section 6.2(b)(3) or (4) of the Plan that commenced prior to July 1, 2006, shall have his remaining monthly benefit payments adjusted in substantially equal increments such that his benefit is the Actuarial Equivalent to the benefit that the Participant, qualifying spouse or Beneficiary would have received under the Normal Fund Payment after adjusted for cost-of-living increases in accordance with subsection (a) above.
(c) Effective on and after July 1, 2006, any Participant, qualifying spouse or Beneficiary who elects to receive a monthly benefit in an alternate form of payment provided under Section 6.2(b)(3) or (4) of the Plan that commences on or after July 1, 2006, shall have his monthly benefit adjusted in substantially equal increments such that his benefit is the Actuarial Equivalent to the benefit that the Participant, qualifying spouse or Beneficiary would have received under the Normal Fund Payment after adjusted for cost-of-living increases in accordance with subsection (a) above.
(d) Except as provided in subsections (b) and (c) above, the Actuarial Equivalent of any alternate form of payment will be determined before any adjustment is to be made for cost-of-living increases.

SECTION 3 1993 EARLY RETIREMENT WINDOW

(a) For the period January 4, 1993 through February 26, 1993, Clayton County implemented a program to provide an incentive for certain eligible employees of Clayton County (excluding employees of the Clayton County Water Authority) to retire early. For purposes of the 1993 Early Retirement Window, an eligible employee shall hereinafter be referred to as an "Eligible Participant." In order to be eligible for the 1993 Early Retirement Window, an Eligible Participant, as of December 31, 1992, must:
(i) be actively employed with Clayton County; (ii) have reached age 50; and (iii) have attained fifteen (15) years of Credited Service with Clayton County. Additionally, an Eligible Participant must not have been rehired by Clayton County after September 1, 1992. If an Eligible Participant retired under this 1993 Early Retirement Window, the provisions of Section 5.05 of the Plan shall not apply. Provided, however, if an Eligible Participant retires under the 1993 Early Retirement Window and is rehired by Clayton County on a full-time basis, his enhanced benefit under the 1993 Early Retirement Window shall be forfeited. (b) In addition to the benefit described in Section 5.01 of the Plan, if an Eligible Participant elects to retire under the provisions of the 1993 Early Retirement Window, the

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following monthly benefits, subject to the provisions of Section 5.06, shall also be paid as follows:
(i) On a Life Income with 60 Months Certain basis, equal to the sum of (A) and (B): (A) 1.2% of the Eligible Participant's Average Monthly Compensation multiplied by
5.0. (B) 0.75% of the Eligible Participant's Average Monthly Compensation in excess of
$1,250, if any, multiplied by 5.0 (additional years of service). plus
(ii) for an Eligible Participant whose benefit commences prior to age 62, an amount equal to one percent (1%) of the Eligible Participant's Average Monthly Compensation multiplied by the Eligible Participant's Credited Service but not greater than the Eligible Participant's estimated monthly Primary Social Security Benefit payable at age 62 under the provisions of Title II of the Social Security Act in effect at the time of his termination of employment; provided, however, this monthly amount shall cease on the earlier of the Eligible Participant's death or the month after the Eligible Participant attains age 62. (c) Notwithstanding any prior contrary provisions, if an Eligible Participant elected early retirement under the 1993 Early Retirement Window, there shall be no reduction for commencement of such an Eligible Participant's early retirement benefit prior to his normal retirement date. (d) The governing authority of Clayton County (but not the Clayton County Water Authority) shall appropriate to the Fund an amount necessary to fund the 1993 Early Retirement Window for Eligible Participants of Clayton County pursuant to the amortization schedule provided by the Actuary. (e) Notwithstanding anything to the contrary in this Section 3, references to the Plan and to defined terms are references to those provisions of the Plan and defined terms in effect as of January 4, 1993.

SECTION 4 1992 EARLY RETIREMENT WINDOW

(a) For the period November 1, 1992 through December 31, 1992, Clayton County implemented a program to provide an incentive for certain eligible employees of Clayton County (excluding employees of the Clayton County Water Authority) to retire early. In order to be eligible for the 1992 Early Retirement Window, an employee must have been age 50 with fifteen (15) years of Credited Service on October 1, 1992 (an "Eligible Participant"). If an Eligible Participant retired under the 1992 Early Retirement Window, the provisions of Section 5.05 of the Plan shall not apply.
(b) In addition to the benefit described in Section 5.01 of the Plan, if an Eligible Participant elects to retire under the provisions of the 1992 Early Retirement Window, the following monthly benefits, subject to the provisions of Section 5.06, shall also be paid as follows:

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On a Life Income with 60 Months Certain basis, equal to the sum of (A) and (B): (A) 1.2% of the Eligible Participant's Average Monthly Compensation multiplied by
5.0. (B) 0.75% of the Eligible Participant's Average Monthly Compensation in excess of
$1,250, if any, multiplied by 5.0 (additional years of service). plus (ii) For an Eligible Participant whose benefit commences prior to age 62, an amount equal to one percent (1%) of the Eligible Participant's Average Monthly Compensation multiplied by the Eligible Participant's Credited Service but not greater than the Eligible Participant's estimated monthly Primary Social Security Benefit payable at age 62 under the provisions of Title II of the Social Security Act in effect at the time of his termination of employment; provided, however, this monthly amount shall cease on the earlier of the Eligible Participant's death or the month after the Eligible Participant attains age 62. (c) Notwithstanding any prior contrary provisions, if an Eligible Participant elected early retirement under the 1992 Early Retirement Window, there shall be no reduction for commencement of such an Eligible Participant's early retirement benefit prior to his normal retirement date. (d) Notwithstanding anything to the contrary in this Section 4, references to the Plan and to defined terms are references to those provisions of the Plan and defined terms in effect as of November 1, 1992.

APPENDIX D MINIMUM DISTRIBUTION REQUIREMENTS

SECTION 1 GENERAL RULES

(a) Effective Date and Precedence. The provisions of this Appendix D will apply for purposes of determining required minimum distributions for calendar years beginning with the 2003 calendar year. The provisions of this Appendix D will take precedence over any inconsistent provisions of the Plan.
(b) Requirements of Treasury Regulations Incorporated. All distributions required under this Appendix D will be determined and made in accordance with the Treasury Regulations promulgated under Code Section 401(a)(9).
(c) TEFRA Section 242(b)(2) Elections. Notwithstanding the provisions of this Appendix D, distributions may be made under a designation made before January 1, 1984, in accordance with Section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the Plan that relate to Section 242(b)(2) of TEFRA.

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SECTION 2 TIME AND MANNER OF DISTRIBUTION

(a) Required Beginning Date. The Participant's entire interest will be distributed, or begin to be distributed, to the Participant no later than the Participant's Required Beginning Date.
(b) Death of Participant Before Distributions Begin. If the Participant dies before distributions begin, the Participant's entire interest will be distributed, or begin to be distributed, no later than as follows:
(i) If the Participant's surviving spouse is the Participant's sole Designated Beneficiary, then distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died, or by December 31 of the calendar year in which the Participant would have attained age 70, if later.
(ii) If the Participant's surviving spouse is not the Participant's sole Designated Beneficiary, then distributions to the Designated Beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died.
(iii) If there is no Designated Beneficiary as of September 30 of the year following the year of the Participant's death, the Participant's entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the Participant's death.
(iv) If the Participant's surviving spouse is the Participant's sole Designated Beneficiary and the surviving spouse dies after the Participant but before distributions to the surviving spouse begin, this Section 2(b), other than this Section 2(b)(i), will apply as if the surviving spouse were the Participant. For purposes of this Section 2(b) and Section 5 of Appendix D, unless Section 2(b)(iv) of this Appendix D applies, distributions are considered to begin on the Participant's Required Beginning Date. If Section 2(b) of this Appendix D applies, distributions are considered to begin on the date distributions are required to begin to the surviving spouse under Section 2(b)(i) of this Appendix D. If distributions under an annuity purchased from an insurance company irrevocably commence to the Participant before the Participant's Required Beginning Date (or to the Participant's surviving spouse before the date distributions are required to begin to the surviving spouse under Section 2(b)(i)), the date distributions are considered to begin is the date distributions actually commence. (c) Form of Distribution. Unless the Participant's interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the Required Beginning Date, as of the first Distribution Calendar Year, distributions will be made in accordance with Sections 3, 4 and 5 of this Appendix D. If the Participant's interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements of Section 401(a)(9) of the Code and Treasury Regulations promulgated thereunder. Any part of the Participant's interest which is in the form of an individual account as described in Code Section 414(k) will be distributed in a manner satisfying the requirements of Code Section 401(a)(9) and Treasury Regulations promulgated thereunder that apply to individual accounts.

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SECTION 3 DETERMINATION OF AMOUNT TO BE DISTRIBUTED EACH YEAR

(a) General Annuity Requirements. If the Participant's interest is paid in the form of annuity distributions under the Plan, payments under the annuity will satisfy the following requirements:
(i) the annuity distributions will be paid in periodic payments made at intervals not longer than one year;
(ii) the distribution period will be over a life (or lives) or over a period certain not longer than the period described in Section 4 or 5 of this Appendix D;
(iii) once payments have begun over a period certain, the period certain will not be changed even if the period certain is shorter than the maximum permitted;
(iv) payments will either be nonincreasing or increase only as follows: (1) by an annual percentage increase that does not exceed the annual percentage
increase in a cost-of-living index that is based on prices of all items and issued by the Bureau of Labor Statistics;
(2) to the extent of the reduction in the amount of the Participant's payments to provide for a survivor benefit upon death, but only if the Beneficiary whose life was being used to determine the distribution period described in Section 4 of this Appendix D dies or is no longer the Participant's Beneficiary pursuant to a qualified domestic relations order within the meaning of Code Section 414(p);
(3) to provide cash refunds of employee contributions upon the Participant's death; or (4) to pay increased benefits that result from a Plan amendment. (b) Amount Required to be Distributed by Required Beginning Date. The amount that must be distributed on or before the Participant's Required Beginning Date (or, if the Participant dies before distributions begin, the date distributions are required to begin under Section 2(b)(i) or (ii) of this Appendix D) is the payment that is required for one payment interval. The second payment need not be made until the end of the next payment interval even if that payment interval ends in the next calendar year. Payment intervals are the periods for which payments are received (e.g., bimonthly, monthly, semi- annually, or annually). All of the Participant's benefit accruals as of the last day of the first Distribution Calendar Year will be included in the calculation of the amount of the annuity payments for payment intervals ending on or after the Participant's Required Beginning Date. (c) Additional Accruals After First Distribution Calendar Year. Any additional benefits accruing to the Participant in a calendar year after the first Distribution Calendar Year will be distributed beginning with the first payment interval ending in the calendar year immediately following the calendar year in which such amount accrues.

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SECTION 4 REQUIREMENTS FOR ANNUITY DISTRIBUTIONS THAT COMMENCE DURING PARTICIPANT'S LIFETIME

(a) Joint Life Annuities Where the Beneficiary Is Not the Participant's Spouse. If the Participant's interest is being distributed in the form of a joint and survivor annuity for the joint lives of the Participant and a nonspouse Beneficiary, annuity payments to be made on or after the Participant's Required Beginning Date to the Designated Beneficiary after the Participant's death must not at any time exceed the applicable percentage of the annuity payment for such period that would have been payable to the Participant using the table set forth in Q&A-2 of Treasury Regulation Section 1.401(a)(9)-6. If the form of distribution combines a joint and survivor annuity for the joint lives of the Participant and a nonspouse Beneficiary and a period certain annuity, the requirement in the preceding sentence will apply to annuity payments to be made to the Designated Beneficiary after the expiration of the period certain.
(b) Period Certain Annuities. Unless the Participant's spouse is the sole Designated Beneficiary and the form of distribution is a period certain and no life annuity, the period certain for an annuity distribution commencing during the Participant's lifetime may not exceed the applicable distribution period for the Participant under the Uniform Lifetime Table set forth in Treasury Regulation Section 1.401(a)(9)-9 for the calendar year that contains the annuity starting date. If the annuity starting date precedes the year in which the Participant reaches age 70, the applicable distribution period for the Participant is the distribution period for age 70 under the Uniform Lifetime Table set forth in Treasury Regulation Section 1.401(a)(9)-9 plus the excess of 70 over the age of the Participant as of the Participant's birthday in the year that contains the annuity starting date. If the Participant's spouse is the Participant's sole Designated Beneficiary and the form of distribution is a period certain and no life annuity, the period certain may not exceed the longer of the Participant's applicable distribution period, as determined under this Section 4(b), or the joint life and last survivor expectancy of the Participant and the Participant's spouse as determined under the Joint and Last Survivor Table set forth in Treasury Regulation Section 1.401(a)(9)-9, using the attained ages of the Participant and the Participant's spouse as of the birthday of the Participant and the Participant's spouse in the calendar year that contains the annuity starting date.

SECTION 5 REQUIREMENTS FOR MINIMUM DISTRIBUTIONS WHERE PARTICIPANT DIES BEFORE DATE DISTRIBUTIONS BEGIN

(a) Participant Survived by Designated Beneficiary. If the Participant dies before the date distribution of his or her interest begins and there is a Designated Beneficiary, the Participant's entire interest will be distributed, beginning no later than the time described in

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Section 2(b)(i) or (ii) of this Appendix D, over the life of the Designated Beneficiary or over a period certain not exceeding:
(i) unless the annuity starting date is before the first Distribution Calendar Year, the Life Expectancy of the Designated Beneficiary determined using the Beneficiary's age as of the Beneficiary's birthday in the calendar year immediately following the calendar year of the Participant's death; or
(ii) if the annuity starting date is before the first Distribution Calendar Year, the Life Expectancy of the Designated Beneficiary determined using the Beneficiary's age as of the Beneficiary's birthday in the calendar year that contains the annuity starting date. (b) No Designated Beneficiary. If the Participant dies before the date distributions begin and there is no Designated Beneficiary as of September 30 of the year following the year of the Participant's death, distribution of the Participant's entire interest will be completed by December 31 of the calendar year containing the fifth anniversary of the Participant's death. (c) Death of Surviving Spouse Before Distributions to Surviving Spouse Begin. If the Participant dies before the date distribution of his or her interest begins, the Participant's surviving spouse is the Participant's sole Designated Beneficiary, and the surviving spouse dies before distributions to the surviving spouse begin, this Section 5 will apply as if the surviving spouse were the Participant, except that the time by which distributions must begin will be determined without regard to Section 2(b)(i) of this Appendix D.

SECTION 6 DEFINITIONS

As used in this Appendix D, the following words and phrases shall have the meaning set forth below:
(a) Designated Beneficiary. The individual who is designated as the Beneficiary under Section 1.7 of the Plan and is the Designated Beneficiary under Code Section 401(a)(9) and Treasury Regulation Section 1.401(a)(9)-4, Q&A-1.
(b) Distribution Calendar Year. A calendar year for which a minimum distribution is required. For distributions beginning before the Participant's death, the first Distribution Calendar Year is the calendar year immediately preceding the calendar year which contains the Participant's Required Beginning Date. For distributions beginning after the Participant's death, the first Distribution Calendar Year is the calendar year in which distributions are required to begin pursuant to Section 2(b) of this Appendix D.
(c) Life Expectancy. Life Expectancy as computed by use of the Single Life Table in Treasury Regulations Section 1.401(a)(9)-9.
(d) Required Beginning Date. April 1 of the calendar year following the later of (i) the calendar year in which the Participant attains age 70 or (ii) the calendar year in which the Participant retires.

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APPENDIX E EXCESS BENEFIT ARRANGEMENT

SECTION 1 APPLICATION AND PURPOSE

Effective as of July 1, 2006, the excess benefit arrangement described in this Appendix E (the "Arrangement") is established as a qualified governmental excess benefit arrangement pursuant to the provisions of Code Section 415(m). The Arrangement is a separate portion of the Plan and is maintained exclusively by the Clayton County Water Authority solely for the purpose of providing to certain Participants who were Employees of the Clayton County Water Authority ("Water Authority Participants") that part of the Water Authority Participant's pension benefit that is otherwise payable under the terms of the Plan that exceeds the limitations on benefits imposed by Code Section 415, which limitations are described in Appendix A. Except as otherwise provided in this Appendix E or unless the terms and conditions are inconsistent with the purpose of the Arrangement or otherwise inapplicable, the terms and conditions contained in the Plan shall apply to the Arrangement.

SECTION 2 ELIGIBILITY AND PARTICIPATION

A Water Authority Participant (or, if applicable, his Beneficiary) shall be eligible to participate in the Arrangement if, as of his annuity starting date, his annual pension benefit under the Plan exceeds the limitations on benefits imposed by Code Section 415. For purposes of the Arrangement, an eligible Water Authority Participant (or, if applicable, his Beneficiary) shall be hereinafter referred to as an "Affected Participant." An Affected Participant's participation in the Arrangement shall continue for as long as the Affected Participant's annual pension benefit under the Plan is reduced by the application of the limitations on benefits imposed by Code Section 415.

SECTION 3 EXCESS BENEFIT

(a) Amount of Excess Benefit. The excess benefit payable to an Affected Participant under this Appendix E (an "Excess Benefit") shall be a monthly amount equal to the difference between:
(i) the monthly amount of the pension benefit to which the Affected Participant would have been entitled under the Plan if such pension benefit were computed without giving effect to the limitations on benefits imposed by application of Code Section 415; less
(ii) the monthly amount of the pension benefit actually payable to the Affected Participant under the Plan.

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In no event shall an Affected Participant receive a total monthly pension benefit from the Plan and the Arrangement in excess of the monthly pension benefit he would have been entitled to receive from the Plan without giving effect to the limitations on benefits imposed by Code Section 415.
(b) Form of Excess Benefit. The Excess Benefit payable to the Affected Participant shall be paid in the same form, and under the same terms and conditions, under which the pension benefit is payable to the Affected Participant under the Plan. Consequently, the Affected Participant's benefit payment election under Section 4, 6 or 7 of the Plan, as applicable, shall also be applicable to the payment of the Affected Participant's Excess Benefit.
(c) Commencement of Excess Benefit. Payment of the Excess Benefit to an Affected Participant shall commence on the same date as the payment of the pension benefit to the Participant commences under the Plan. Consequently, any benefit payment election under Section 4, 6 or 7 of the Plan, as applicable, made by the Affected Participant with respect to the commencement of payment of his pension benefit under the Plan shall also be applicable with respect to the commencement of payment of his Excess Benefit under this Arrangement.

SECTION 4 FUNDING OF THE ARRANGEMENT

(a) The Clayton County Water Authority shall contribute to the Arrangement such amounts as are determined by the Actuary to be necessary to fund the Excess Benefits provided to Affected Participants each Plan Year under the Arrangement. The Clayton County Water Authority shall make contributions to the Arrangement in an amount necessary to satisfy the obligation to pay Affected Participants the amount calculated pursuant to Section 3 of this Appendix E, as those amounts come due, and may include amounts needed to pay reasonable and necessary expenses of administering the Arrangement. Contributions may not be accumulated under the Arrangement to pay monthly Excess Benefits for any succeeding Plan Year.
(b) The Clayton County Water Authority shall pay benefits payable under the Arrangement out of the general assets of the Clayton County Water Authority. Contributions made to provide the Excess Benefits pursuant to the Arrangement shall not be commingled with any other assets of the Fund. No Excess Benefits shall be paid from the Plan's Fund. For administrative purposes, the amount necessary to pay Excess Benefits under this Arrangement may be deposited in a separate account, which shall be separate and apart from the Fund, maintained only for the Arrangement. In the alternative, the Clayton County Water Authority may establish a grantor trust for the benefit of Affected Participants and their Beneficiaries. In such case, the Clayton County Water Authority shall be treated as grantor for the trust for purposes of Code Section 677.
(c) The rights of any person to receive Excess Benefits under the Arrangement are limited to those of a general creditor of the Clayton County Water Authority. Under no circumstances shall Clayton County or any other person other than the Clayton County Water

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Authority be responsible or liable to any person for funding or paying any Excess Benefits that are payable or due under the Arrangement.
(d) No election shall be provided to the Affected Participant (directly or indirectly) to defer compensation under the Arrangement. No contributions or deferrals by Affected Participants shall be made or allowed under the Arrangement.

SECTION 5 ADMINISTRATION OF THE ARRANGEMENT

(a) The Plan Administrator is responsible for the administration of this Arrangement. Except as otherwise provided in this Appendix E, the Plan Administrator has the same rights, duties, and responsibilities concerning the Arrangement as it has to the Plan and may adopt rules and procedures necessary to administer this Arrangement in accordance with Code Section 415(m). Except as otherwise provided in this Appendix E, the Arrangement shall be administered in the same manner as the Plan.
(b) All administrative expenses of the Arrangement shall be paid by the Clayton County Water Authority.

SECTION 6 AMENDMENT AND TERMINATION OF THE ARRANGEMENT

(a) Subject to applicable state law to the contrary, the Board of Commissioners reserves the right to amend or terminate the Arrangement at any time; provided, however, that such amendment or termination shall not adversely affect a benefit to which an Affected Participant (or, if applicable, his Beneficiary) is entitled to under the Arrangement prior to the effective date of such amendment or termination. Notwithstanding the foregoing, such amendment or termination may be retroactive to the extent the Board of Commissioners deems such action necessary to maintain the tax-qualified status of the Plan under Code Section 401(a) or the status of this Arrangement as a qualified governmental excess benefit arrangement under Code Section 415(m).
(b) Subject to the foregoing and to applicable state law to the contrary, the Clayton County Water Authority shall have the right to terminate the Arrangement by resolution of its appropriate governing body.

APPENDIX F ACCRUED BENEFIT OF CERTAIN IDENTIFIED PARTICIPANTS

The Accrued Benefit of the Participants listed below as of their Normal Retirement Date shall be a monthly benefit (payable in monthly installments as an annuity for the Participant's life with 60 months guaranteed commencing at the Participant's Normal Retirement Date) as follows:

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Larry A. Bartlett Michael G. Maddox Hiram D. Massengale

$5,326.17 $4,685.89 $5,141.09

ORDINANCE 2013-318

The first reading of the above and foregoing Ordinance was held at the Regular Business Meeting of the Board of County Commissioners of Clayton County on December 17, 2013 with the following members present and accepting in favor of same by general consensus: Chairman Jeffrey E. Turner, Vice-Chairman Michael Edmondson, Commissioner Sonna Singleton, Commissioner Gail B. Hambrick, and Commissioner Shana M. Rooks.

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK CLAYTON COUNTY BOARD OF COMMISSIONERS

The second reading of the above and foregoing Ordinance was held at the Regular Business meeting of the Board of County Commissioners of Clayton County on January 7, 2014, with the following members present and voting for adoption in favor of same: Chairman Jeffrey E. Turner, Vice-Chairman Michael Edmondson, Commissioner Sonna Singleton, Commissioner Gail B. Hambrick, and Commissioner Shana M. Rooks. Vote unanimous.

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK CLAYTON COUNTY BOARD OF COMMISSIONERS

Having been read during the Regular Business Meeting of the Board of Commissioners of Clayton County on December 17, 2013 and the Regular Business Meeting on January 7, 2014, Ordinance 2013-318 was adopted at the Regular Business Meeting of January 7, 2014. The following members were present on January 7, 2014 and voted in favor to adopt Ordinance 2013-318: Chairman Jeffrey E. Turner, Vice-Chairman Michael Edmondson, Commissioner Sonna Singleton, Commissioner Gail B. Hambrick, and Commissioner Shana M. Rooks. Vote unanimous.

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK CLAYTON COUNTY BOARD OF COMMISSIONERS

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ATTEST:

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD CLERK OF THE COMMISSION May 23, 2014 (SEAL)

PUBLISHER'S AFFIDAVIT

State of Georgia County of Clayton

Personally appeared before the undersigned, Denise Clay, who after being first duly sworn states that she is the Credit Manager for the Clayton News Daily, official legal organ of Clayton County, Georgia, and that upon her own personal knowledge she knows that the advertisement, a true copy of which is hereto annexed, was published in said newspaper of general circulation on the following dates:

12/14/13

s/ DENISE CLAY Denise Clay, Affiant

Sworn to and subscribed before me the 30 day of May, 2014.

s/ LORI MCCLANE Signed Lori McClane, Notary Public

[SEAL]

NOTICE OF INTENTION TO CONSIDER AN ORDINANCE AMENDING THE CODE OF ORDINANCES AS IT RELATES TO THE CLAYTON COUNTY, GEORGIA PUBLIC EMPLOYEE RETIREMENT SYSTEM

Notice is hereby given that the Clayton County Board of Commissioners will consider an Ordinance proposed under the Home Rule Powers granted to Clayton County, Georgia pursuant to the Constitution of the State of Georgia of 1983. The Ordinance relates to the Clayton County, Georgia Public Employee Retirement System (Pension Plan) and wishes to amend and restate the Plan primarily to consolidate amendments made subsequent to the last

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COUNTY HOME RULE ORDINANCES

amendment and restatement of the Plan by Ordinance No. 2008-222 and to provide restated plan documentation to the Internal Revenue Service in connection with seeking an updated favorable determination letter pursuant to Internal Revenue Service Revenue Procedure 2013-6 (or any successor guidance); and also contains clarifications pertaining to the manner in which average monthly compensation is determined for benefit calculation purposes; the qualifications for certain death benefits and the eligibility of certain classes of employees. The Ordinance further provides for severability, the repeal of conflicting laws, ordinances and resolutions, an effective date, and other purposes.

The Ordinance will be considered in a first reading by the Board of Commissioners during its regularly scheduled meeting commencing at 7:00 on December 17, 2013 and subsequently considered for adoption following a second reading during its regularly scheduled meeting commencing at 7:00 on January 7, 2014, in the Commissioners' Board Room located at 112 Smith Street, Jonesboro, Georgia. A copy of the proposed Ordinance is on file in the Office of the Clerk of the Superior Court of Clayton County for the purpose of examination and inspection by the public. The Office of the Clerk of the Board of Commissioners will furnish anyone, upon written request, a copy of the proposed Ordinance. The Ordinance may also be reviewed and copied at the Clayton County Commissioners' Office located at 112 Smith Street, Jonesboro, Georgia. Questions may be directed to Ramona Thurman at Clayton County Commissioners' Office or by telephone at 770-477-3221.

Filed in the Office of the Secretary of State June 13, 2014. __________

CLAYTON COUNTY FIRE SAFETY.

STATE OF GEORGIA COUNTY OF CLAYTON

ORDINANCE NO. 201485

AN ORDINANCE TO AMEND THE CODE OF CLAYTON COUNTY, GEORGIA, AS AMENDED, SPECIFICALLY CHAPTER 42 "FIRE PREVENTION AND PROTECTION", ARTICLE II "FIRE PREVENTION CODE", SECTION 42-31.1 "ADOPTION; COMPLIANCE"; TO INCORPORATE APPLICABLE STATE LAW RECENTLY ADOPTED IN THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE AND THE 2012 EDITION OF THE NATIONAL FIRE PROTECTION ASSOCIATION 101 LIFE SAFETY CODE; TO REPEAL CONFLICTING LAWS, ORDINANCES AND RESOLUTIONS; TO PROVIDE FOR SEVERABILITY; TO PROVIDE AN EFFECTIVE DATE OF THIS ORDINANCE; AND FOR OTHER PURPOSES.

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BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF CLAYTON COUNTY, GEORGIA AND IT IS HEREBY ORDAINED

Section 1. The Board of Commissioners hereby amends the Code of Clayton County, Georgia, as amended, specifically Chapter 42 "Fire Prevention and Protection", Article II "Fire Prevention Code", Section 42-31.1 "Adoption; Compliance" by deleting Section 42-31.1(a) in its entirety and by substituting the following:

"Sec. 42-31.1 Adoption; Compliance. (a) Except were such general provisions may otherwise conflict with specific provisions
contained within the County Code of Ordinances, the International Fire Code, 2012 Edition, including Appendix Chapters A, B, C, D, E, F and G, with Georgia Amendments as published by the Southern Building Code Congress International, Inc., and all amendments thereto, are hereby adopted by reference thereto, and incorporated herein as part of the County Code of Ordinances. Accordingly, except where such general construction requirements may otherwise conflict with specific construction requirements contained within the County Code of Ordinances, all building structures or portions thereof constructed after February 1, 2007, shall be constructed and otherwise conform in all respects to the minimum standards set forth in the International Fire Code, 2012 edition, including Appendix Chapters A, B, C, D, E, F, and G, with Georgia Amendments." (b) In addition to the Standard [International] Fire Prevention Code, NFPA 101 Life Safety Code, 2012 edition, with State of Georgia Fire Marshal's Office's amendments, and all amendments thereto, are hereby adopted by reference thereto and incorporated herein as part of the County Code of Ordinances. Accordingly, except where such general construction requirements may otherwise conflict with specific construction requirements contained within the County Code of Ordinances, all building structures or portions thereof constructed after October 22, 2003, shall be constructed and otherwise conform in all respects to the minimum standards set forth in the NFPA 101 Life Safety Code, 2012 edition, with State of Georgia Fire Marshal's Office's amendments. (c) If provisions of the state minimum fire safety standards, International Fire Code, 2012 Edition, including Appendix Chapters B, C, D, E, F, and G, with Georgia amendments, the NFPA 101 Life Safety Code, 2012 edition, with State of Georgia Fire Marshal's Office's amendments, or the county building code conflict or differ in application, those provisions which are deemed by the chief of the county fire department as the strictest shall take precedence and be enforced. (d) In addition to those buildings and structures regulated by the state minimum fire safety standards, as listed in O.C.G.A. 25-2-13, such standards shall also apply to all existing and proposed buildings, including warehouses, manufacturing plants, and all retail and department stores regardless of size; however, specifically excluding

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single-family unattached dwellings, duplexes, out-buildings ancillary to such dwellings, and garages.

Section 2. In the event any section, paragraph, subpart, sentence, clause, phrase, or word of the Ordinance shall be declared or adjudged unconstitutional or invalid by any Court, such declaration or adjudication shall not affect the remaining portions of this Ordinance which shall remain in full force and effect as if the portions declared invalid or unconstitutional had never been enacted into law.

Section 3. All laws, ordinances or resolutions, or parts thereof, in conflict with provisions of this Ordinance are hereby repealed.

Section 4. This Ordinance shall become effective following its approval by the Board of Commissioners after the second reading of the Ordinance, provided the same receives an affirmative vote of three or more members, and provided further that a copy of the Ordinance has been published in the official organ of Clayton County and filed with the Secretary of State of Georgia as required by law.

SO ORDAINED, this the 6th day of May, 2014.

CLAYTON COUNTY BOARD OF COMMISSIONERS

s/ JEFFREY E. TURNER JEFFREY E. TURNER, CHAIRMAN

s/ SHANA M ROOKS SHANA M ROOKS, VICE CHAIRMAN

s/ MICHAEL EDMONDSON MICHAEL EDMONDSON, COMMISSIONER

s/ SONNA SINGLETON SONNA SINGLETON, COMMISSIONER

s/ GAIL B. HAMBRICK GAIL B. HAMBRICK, COMMISSIONER

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ATTEST:

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK

RULES AND REGULATIONS OF THE SAFETY FIRE COMMISSIONER CHAPTER 120-3-3 RULES AND REGULATIONS FOR THE STATE MINIMUM FIRE SAFETY STANDARDS

TABLE OF CONTENTS

120-3-3-.01 Promulgation and Purpose 120-3-3-.02 Application 120-3-3-.03 Definitions 120-3-3-.04 State Minimum Fire Safety Standards with Modifications 120-3-3-.05 Obstruction of and Access to Fire Hydrants 120-3-3-.06 Request for Modification of Specific Requirements 120-3-3-.07 Fire Safety Information to be Furnished in Hotels, Motels, Apartments,
Community Living Arrangements and Dormitories 120-3-3-.08 Access to and Use of Public Facilities by Persons with Disabilities 120-3-3-.09 Parking Space Designation for Persons with Disabilities 120-3-3-.10 Notes 120-3-3-.11 Severability

120-3-3-.01 Promulgation and Purpose. (1) These rules and regulations of the Safety Fire Commissioner entitled, "Rules and
Regulations for the State Minimum Fire Safety Standards" are promulgated to establish the State's minimum fire safety standards as specified in the Official Code of Georgia Annotated, (O.C.G.A.) Section 25-2-4.
(2) A primary purpose of these rules and regulations is to establish the state minimum fire safety standards and requirements for the prevention of loss of life and property from fire, panic from fear of fire, explosions or related hazards in all buildings, structures and facilities with the exception of one- and two-family dwellings, one- and two-family row houses (townhouses) separated by a 2-hour fire wall and two-family townhouses separated by a 2-hour fire wall. Authority. - O.C.G.A. 25-2-4, 33-2-9, and 50-13-21.

120-3-3-.02 Application. (1)(a) Pursuant to O.C.G.A. 25-2-4, rules and regulations adopted by the Safety Fire
Commissioner shall have the force and effect of law and shall have statewide application as

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being the state minimum fire safety standards and shall not require adoption by a municipality or county. The governing authority of any municipality or county in this state is authorized to enforce the state minimum fire safety standards on all buildings and structures except one-family and two-family dwellings, one- and two-family row houses (townhouses) separated by a 2-hour fire wall and two-family townhouses separated by a 2-hour fire wall, and those buildings and structures listed in O.C.G.A. 25-2-13, except as may be required or permitted by O.C.G.A. 25-2-12 and 25-2-12.1.
(b) Pursuant to O.C.G.A. 25-2-13(f), the municipal governing authority in any incorporated area or the county governing authority in any unincorporated area of the state shall have the authority to enact such ordinances as it deems necessary to perform fire safety inspections and related activities for those buildings and structures not covered by O.C.G.A. 25-2-13.
(2) Whenever the provisions of this chapter of the Rules and Regulations of the Safety Fire Commissioner offer alternatives, as far as fire safety requirements are concerned, that were not permissible under previous editions of any Rules and Regulations of the Safety Fire Commissioner covering the same subject matter, the provisions of this chapter may be used by the authority having jurisdiction in determining whether a building is in compliance with the provisions of O.C.G.A. Title 25, Chapter 2, and the rules and regulations promulgated there under. Authority. - O.C.G.A. 25-2-4, 33-2-9, and 50-13-21.

120-3-3-.03 Definitions. (1) "Ambulatory Health Care Occupancy." A building or portion thereof used to provide
services or treatment simultaneously to four or more patients that (1) provides, on an outpatient basis, treatment for patients that renders the patients incapable of taking action for self-preservation under emergency conditions without the assistance of others; or (2) provides, on an outpatient basis, anesthesia that renders the patients incapable of taking action for self-preservation under emergency conditions without the assistance of others. For the purpose of compliance with Centers for Medicare & Medicaid Services (CMS) an Ambulatory Health Care Occupancy is a building or portion thereof used to provide services or treatment for one or more patients that (1) provides, on an outpatient basis, treatment for patient(s) that renders the patient(s) incapable of taking action for self-preservation under emergency conditions without the assistance of others; or (2) provides, on an outpatient basis, anesthesia that renders the patient(s) incapable of taking action for self-preservation under emergency conditions without the assistance of others"
(2) "Assistive device" means a device that may restrain movement which has been determined to be required by a licensed physician, nurse practitioner or physician's assistant working under a protocol or job description respectively and is applied for protection from injury or to support or correct the body alignment of the person, for the treatment of a person's physical condition, and may only be used as a treatment intervention where a specific written plan of care has been developed and the resident consents to such use."

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(3) "Assisted living care" means the specialized care and services provided by an assisted living community which includes the provision of personal services, the administration of medications by a certified medication aide and the provision of assisted self-preservation."
(4) "Assisted Living Community (ALC)" means facility serving 25 residents or more that is licensed by the Georgia Department of Community Health and meets the requirements of an existing health care occupancy found in Chapter 19 of the Life Safety Code or the requirements established in Chapter 34 or 35 of the Life Safety Code as may be applicable for new or existing facilities."
(5) "Assisted self-preservation" as applied to an Assisted Living Community (ALC) means the capacity of a resident to be evacuated from an assisted living community to a designated point of safety and within an established period of time as determined by the Office of the Safety Fire Commissioner. Assisted self-preservation is a function of all of the following: (A) the condition of the individual; (B) the assistance that is available to be provided to the individual by the staff of the assisted living community, and (C) the construction of the building in which the assisted living community is housed, including whether such building meets the safety requirements applicable to an existing Health Care Occupancy or an Assisted Living Community as established by Chapter 34 or 35of NFPA 101, Life Safety Code, as may be applicable respectively to a new or existing facility, and other safety to life provisions as adopted by the Rules and regulations of the Safety Fire Commissioner." (Also see the definition for "Self-Preservation")
(6) "Community Living Arrangement" means for the purpose of this chapter, any residence whether operated for profit or not which is subject to being licensed by the State, that undertakes through its ownership or management to provide or arrange for the provision of daily personal services, supports, care or treatment exclusively for two or more adults who are not related to the owner or manager by blood or marriage and whose residential services are financially supported, in whole or in part, by funds designated through the Department of Human Services, Division of Mental Health, Developmental Disabilities, and Addictive Diseases.
NOTE: Refer to Modification (72) relating to the 2012 Edition of NFPA 101, Life Safety Code for minimum requirements for safety to life from fire and related emergency conditions in Community Living Arrangements, Assisted Living Communities, Health Care Facilities, Limited Care Facilities, Personal Care Homes, and other specialty facilities as defined herein and or through modifications to NFPA 101, Life Safety Code. (7) "Evacuation Capability, Impractical" Means the total evacuation of all residents from a building or structure cannot be achieved in less than thirteen minutes whether day or night. The evacuation capabilities of residents in all cases are based on the time of day or night when the evacuation of the facility would be most difficult (e.g., sleeping residents and/or fewer staff present). (8) "Evacuation Capability, Prompt." Means the total evacuation of all residents from the building or structure can be achieved in three minutes or less whether day or night. The evacuation capabilities of residents in all cases are based on the time of day or night when

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evacuation of the facility would be the most difficult (e.g., sleeping residents and/or fewest staff present).
(9) "Evacuation Capability. Slow." Means the total evacuation of all residents from the building or structure can be achieved in over three minutes but not in excess of thirteen minutes whether day or night. The evacuation capabilities of residents in all cases are based on the time of day or night when evacuation of the facility would be the most difficult (e.g., sleeping residents and/or fewest staff present).
(10) "Existing Building" means buildings, structures, facilities or conditions which are already in existence or constructed and officially authorized prior to the effective date for the adoption of this Chapter. This definition shall apply to all situations covered by this chapter except where otherwise noted by this chapter."
(11) "Fire hazard" means for the intents and purposes of this Chapter 120-3-3 and the codes and standards adopted there-under, unless more specifically stated elsewhere in this Chapter, an activity, circumstance, condition, situation, combination of materials, material process, use or improper use of heat sources, or that on the basis of applicable documentation, data, or sources deemed reliable by the authority having jurisdiction, can cause an unwanted fire, a fire out of control, an explosion, or a related condition, such as panic from a fear of smoke, fire, or explosion, that the authority having jurisdiction determines it to be a risk to persons, to property, or to the health, safety and or welfare of the jurisdiction."
(12) "Fire Wall" means, for the purpose of this chapter and O.C.G.A. Code Sections 25-2-4 and 25-2-13, walls of any approved noncombustible construction having sufficient structural stability under fire conditions to allow collapse of construction on either side without collapse of the wall for the duration of time indicated by the required fire-resistance rating, and that comply with the provisions for fire walls in accordance with the International Building Code, as adopted by the Georgia Department of Community Affairs. (Refer to modifications to the International Building Code, as adopted by the Board of Community Affairs regarding provisions for "double fire walls.")
(13) "ICC Code", means, for the purposes of the Safety Fire Commissioner's Rules and Regulations, any of the codes, or portions thereof, as published by the International Code Council (ICC) and as adopted and modified as set forth in this Chapter or any other chapter of the Safety Fire Commissioner's Rules and Regulations.
(14) "Limited Care (Custodial Care) Facilities". A building, or part thereof, used on a 24-hour basis, for the housing, lodging or boarding of four or more persons who are incapable of self-preservation because of age, physical limitation(s) due to accident or illness, or mental limitation(s) such as mental illness or chemical dependency. This occupancy classification also includes, but is not limited to TBI Facilities or Traumatic Brain Injury Facilities. (See Chapters 18 and 19 of the Life Safety Code for minimum requirements. Also see 120-3-3-.03 of Chapter 120-3-3 Rules of the Safety Fire Commissioner for the definitions of "Assisted Living Community" and "Memory Care Unit".)"

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(15) Lodging or Rooming House. A building or portion thereof that does not qualify as a one- or two-family dwelling, that provides sleeping accommodations for a total of 15 or fewer people on a transient or permanent basis, with or without meals, but without separate cooking facilities for individual occupants. Foster homes, group homes, battered spouse shelters, or similar facilities providing lodging and boarding for four but not more than 15 residents or clients, not related by blood or adoption to the owner(s) or operator(s) shall be deemed a lodging or rooming house for purposes of this Chapter 120-3-3.
(16) "Memory care unit" means the assisted living community, or specialized unit thereof, that either holds itself out as providing additional or specialized care to persons with diagnoses of probable Alzheimer's Disease or other dementia who may be at risk of engaging unsafe wandering activities outside the unit or assisted living community (eloping), or charges rates in excess of those charged other residents because of cognitive deficits which may place the residents at risk of eloping. (Such facilities shall comply with Chapter 34 or 35, as may be applicable, of NFPA 101, Life Safety Code, as adopted by this Chapter 120-3-3.)"
(17) "Mobile/portable classroom structure", means a portable structure built on a chassis, designed as a temporary student classroom structure for educational purposes, and designed to be used with or without a permanent foundation."
(18) "Mobile/portable classroom structure, Existing", means a mobile/portable classroom structure approved, constructed and placed in use before the effective date of this Chapter 120-3-3."
(19) "NFPA Code or Standard" means, for the purposes of the Safety Fire Commissioner's Rules and Regulations, any of the codes and/or standards, or portions thereof, as published by the National Fire Protection Association (NFPA) and as adopted and modified in this chapter or any other chapter of the Safety Fire Commissioner's Rules and Regulations.
(20) "Occupiable Story" means, for the purpose of this chapter and the codes and standards adopted herein, a story occupied by people on a regular basis. Stories used exclusively for mechanical equipment rooms, elevator penthouses and similar spaces are not occupiable stories.
(21) "Personal Care Home" means, for the purposes of this chapter and O.C.G.A. Section 25-2-13 (b)(1)(J), a facility licensed by the Georgia Department of Community Health as a personal care home. A personal care home is further defined as any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by blood or marriage.( Personal Care Homes not designated as an "Assisted Living Community" or a "Memory Care Unit" shall meet the provisions of Chapter 32 or 33, as applicable for Residential Board and Care Occupancies of NFPA 101, Life Safety Code, as adopted by this Chapter 120-3-3. See the definition for "Residential Board and Care Occupancies" in 120-3-3-.03)"

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(22) "Primary Level of Exit Discharge" means, for the purpose of this chapter and the codes and standards adopted herein, that story which is level with or above finished grade by more than 50% of the cubic volume of the occupiable story. Building levels below the primary level shall not count as a story in determining the height of a building.
(23) "Residential Board and Care Occupancies (Specifically Personal Care Homes/Facilities means a building, or part thereof, which is used for lodging and boarding of four or more residents who are not related by blood or marriage to the owners or operators, for the purpose of providing personal care services. Such facilities may also be utilized as a Community Living Arrangement. Either use must be licensed by the State agency having licensing jurisdiction.) Any facility providing lodging and boarding and personal care for four or more residents who are mostly incapable of self-preservation, except brain injury centers, because of physical or mental disability, shall require relocation of so classified excess residents to an appropriate health care facility meeting, at the least, the provisions, for limited care facilities as set forth by NFPA 101, Life Safety Code. (See the definitions in 120-3-3.03 of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner for "Assisted Living Community" and "Memory Care Unit." Also, see the definitions for "Community Living Arrangements", Limited Care Facilities, and "Limited Care (Custodial Care) Facilities" relative to Traumatic Brain Injury (TBI) Facilities.)"
(24) "Self-Preservation," except as defined in NFPA 101, Life Safety Code for day-care occupancies, means the ability to respond to an emergency condition, whether caused by fire or otherwise, and escape the emergency without physical, hands-on assistance from staff. The resident may move from place to place by walking, either unaided or aided by prosthesis, brace, cane, crutches, walker or handrails, or by propelling a wheelchair. (See the definition of "Assisted Self-Preservation)
(25) "Sleeping Accommodations for Hire" means, for the purpose of this chapter and O.C.G.A. Section 25-2-13 (b)(1), and the adopted codes herein, a bed, whether single, double, queen, or king, which is for hire or rental, whether by the day, week, month, or some other period of time.
(26) "Stories" means, for the purpose of O.C.G.A. Section 25-2-13 (b)(1) and the codes and standards adopted herein, that level starting at the primary level of exit discharge and ending at the highest occupiable story. A building level below the primary level shall not count as a story in determining the height of a building (see the definition of (20) for Occupiable story). Authority. - O.C.G.A. 25-2-4, 33-2-9, and 50-13-21

120-3-3-.04 State Minimum Fire Safety Standards with Modifications. (1) Unless otherwise stated in this chapter, the edition of the International Fire Code
(IFC), and the following editions of the codes, standards, recommended practices, guides and methods, as published in the National Fire Codes (NFC) by the National Fire Protection Association (NFPA), as adopted and modified in this Chapter, shall be the state minimum fire safety standards. Where any of the adopted publications of the NFPA references

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NFPA 1 or NFPA 5000, or any fire code or building code, it shall be construed that such references apply to the International Fire Code (IFC) or the International Building Code (IBC) respectively, as adopted by this Chapter 120-3-3, and the Georgia Department of Community Affairs. Where the IFC or IBC does not specifically address the referenced issue, NFPA 1 or NFPA 5000 may be applied subject to the approval of the authority having jurisdiction.
(2) Hospitals, hospices, ambulatory surgical centers, nursing homes, assisted living communities, assisted living homes, memory care units or other health care type occupancies or facilities that are regulated by the federal Centers for Medicare and Medicaid Services (CMS) shall comply with the fire and life safety rules and regulations imposed by that agency even though the codes and standards or the editions of codes and standards adopted by that agency may not be specifically addressed or included in this chapter. The codes and standards adopted and modified herein shall also apply where applicable and shall be deemed to be the minimum state fire and life safety standards where they are at least as protective as the CMS rules and regulations.
(3) International Fire Code (IFC), 2012 Edition Modifications: (a) Modifications to Chapter 1: 1. Delete section 101.1 in its entirety and substitute in its place the following: "101.1Title. The International Fire Code, 2012 edition, published by the International Code Council, when used in conjunction with this Chapter, shall be known as a Georgia State Minimum Fire Prevention Code, hereafter referred to as 'this Code'." 2. Delete section 101.3 in its entirety and substitute in its place the following: "101.3 Purposes and Intents of This Code. The primary purpose of this Code, as adopted, is to provide, along with other adopted codes and standards, for the reasonable minimum protection of life and property from the hazards created by fire, smoke, explosion, or panic created from a fear of fire or smoke. It is intended that the purposes of this Code be accomplished by: (1) Coordinating application and enforcement of its provisions with those of other applicable laws, rules, regulations, codes, and standards; and, (2) By coordinating the application of its provisions, where possible, with educational programs or efforts designed to bring about changes in high risk attitudes and behaviors that are the root causes of most fire related problems in Georgia; and (3) By encouraging or requiring informational and awareness programs designed to make the citizens of Georgia aware of their responsibilities for compliance with this Code as well as the other Rules and Regulations of the Safety Fire Commissioner. The intent of this Code is to establish the minimum requirements, consistent with nationally recognized good practice, for providing a reasonable level of life safety and property protection from the hazards of fire, explosion, or dangerous conditions in new and existing buildings, structures, and premises and to provide safety to fire fighters and emergency responders during emergency operations."

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3. Add an exception to section 102.1 to read as follows: "Exception: This Code does not apply to one- and two- family dwellings or one- and twofamily row houses (townhouses) separated by a 2-hour fire wall containing not more than three dwelling units per structure." 4. Add an exception to section 102.2 to read as follows: "Exception: This Code does not apply to one- and two- family dwellings or one- and twofamily row houses (townhouses) separated by a 2-hour fire wall containing not more than three dwelling units per structure." 5. Delete section 102.3 in its entirety and substitute in its place the following: "102.3 Change of use or occupancy. No change shall be made in use or occupancy of any building or structure that would place the structure in a different division of the same group or occupancy or in a different group of occupancies, unless such structure is made to comply with the requirements of this Code, as may be applicable, as well as those of the International Building Code (IBC), as adopted by the Department of Community Affairs. Pursuant to O.C.G.A. 25-2-14, due to a change of use or occupancy of a building or structure the building or structure shall be treated as a proposed (new) building. (Refer to 103.3 of this Code regarding the requirements applicable to proposed (new) buildings and structures.)" 6. Delete section 102.4 in its entirety and substitute in its place the following: "102.4 Application of the building code. The design and construction of proposed (new) buildings and structures shall comply with the International Building Code (IBC), as modified and adopted by the Georgia Department of Community Affairs. Repairs, alterations, additions, changes in use or occupancy classification, or changes in buildings or structures required by provisions of the IFC, and which are within the scope of the IBC, shall be made in accordance with the IBC, for purposes of this Chapter." 7. Add a new 102.5.1 to read as follows: "102.5.1 The provisions of 102.5 shall apply to local authorities having jurisdiction unless there is a change of use or occupancy that would apply under 102.3 and which would bring the new use or occupancy under the jurisdiction of O.C.G.A. 25-2-13(b)(1)" 8. Delete section 102.6 in its entirety and insert in its place the following: "102.6 Historic Buildings, General. O.C.G.A 25-2-13(a)(2) defines a "Historic building or structure" as "any individual building which contributes to the historic character of a historic district, so designated by the state historic preservation officer pursuant to rules and regulations adopted by the Board of Natural Resources, or so designated pursuant to the provisions of Article 2 of Chapter 10 of Title 44, the "Georgia Historic Preservation Act." (A) Refer to 102.1 and 102.2 regarding the application of this Code to existing buildings. Except to the extent required by applicable laws of Georgia (O.C.G.A. 25-2-13(b)(3)(D) and (E), the provisions of this Code are not mandatory for buildings or structures identified and classified by the state, or as appropriate, a local jurisdiction, as historic buildings when such buildings or structures are judged by the fire code official to be safe and in the public interest of health, safety and welfare, based on the criteria established by the referenced provisions of the Official Code of Georgia Annotated. When evaluating the safety of historic buildings

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the fire official should consult O.C.G.A. Title 8, Chapter2, Article 3 entitled, 'Uniform Act for the Application of Building and Fire Related Codes to Existing Buildings,' and the provisions of O.C.G.A. Sections 25-2-13 (b)(3) & 25-2-13(b)(4), and NFPA Standard 914, Code for Fire Protection of Historic Structures, as adopted by this Chapter as a recommended practice."
9. Delete section 102.7 in its entirety and substitute in its place the following: "102.7 Referenced codes and standards. Where the provisions of this Code or the standards referenced thereby and in Chapter 45 of this Code do not apply to the specific subjects, situations or conditions encountered that involve risks to life and property from the hazards of fire, panic from fear of fire or smoke, or related hazards, compliance with the applicable chapters of the Rules and Regulations of the Safety Fire Commissioner shall be evidence of compliance with this Code." 10. Add a new section 102.13 to read as follows: "102.13 Coordination of provisions. This Code shall apply to all buildings, structures and facilities as provided in subsections 102.1 and 102.2, and shall be utilized in conjunction with codes and standards specified in Table 102.13 entitled, "CODES REFERENCE GUIDE."

Table 102.13: CODES REFERENCE GUIDE

Area

Primary

Supplement

Occupancy Classification

LSC

Building Construction

Types including allowable

height, allowable building

IBC

areas, and the requirements

for sprinkler protection

related to minimum

building construction types.

Means of Egress

LSC

Standpipes

IBC

Interior Finish

LSC

HVAC Systems

IMC

Vertical Openings

LSC

IBC
LSC
NONE IFC
NONE NONE NONE

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Sprinkler Systems minimum construction standard Fire Alarm Systems Smoke Alarms and Smoke Detection Systems Portable Fire Extinguishers Cooking Equipment
Fuel Fired Appliances Liquid Petroleum Gas Compressed Natural Gas

LSC
LSC State Statute
and LSC IFC
LSC and NFPA 96
IFGC NFPA 58 NFPA 52

NONE
NONE NONE
NONE NONE
NFPA 54 NFPA 54
NONE

11. Delete section 103 and all sections there-under in their entirety and substitute in its place the following:
"SECTION 103 GENERAL PROVISIONS FOR EXISTING AND PROPOSED (NEW) BUILDINGS.
103.1 General Provisions. The administration, enforcement and penalty provisions of O.C.G.A. Title 25, Chapter 2, and the administrative provisions of the various chapters of the Rules and Regulations of the Safety Fire Commissioner shall apply to and regulate the application and enforcement of this Code by the Safety Fire Division of the Office of the Safety Fire Commissioner.
NOTE: Nothing herein shall be construed as prohibiting any local jurisdiction from adopting the deleted portions of Chapter 1 of this Code for local purposes, provided, however, local amendments shall not be less restrictive than this Code, and other codes and standards as adopted by the various chapters of the Rules and Regulations of the Safety Fire Commissioner.
103.1.1 The provisions of O.C.G.A. Title 25, Chapter 2, and other applicable state laws, and the applicable provisions of various chapters of the Rules and Regulations of the Safety Fire Commissioner regarding the requirements for certificates, licenses, permits, plan reviews, inspections, approvals, fees, etc. shall apply and are in addition to any requirements of local jurisdictions. Local authorities having jurisdiction need to be consulted to determine if rules and regulations of the local jurisdiction regarding the requirements for local certificates, licenses, permits, plan reviews, inspections, approvals, fees, etc. also apply.

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103.1.1.1 The administrative, operational, and maintenance provisions of this Code, with regard to the Safety Fire Division of the Office of the Georgia Safety Fire Commissioner, shall be limited to the scope and intents and purposes of the Official Code of Georgia Annotated (O.C.G.A.) Title 25, Chapter 2, and the Commissioner's Rules and Regulations.
103.1.1.1.1 Pursuant to O.C.G.A. 25-2-13(d), every person who owns or controls the use of any building, part of a building, or structure described in O.C.G.A 25-2-13 (b)(1), which because of floor area, height, location, use or intended use as a gathering place for large groups, or use or intended use by or for the aged, the ill, the incompetent, or the imprisoned, constitutes a special hazard to property or to the life and safety on account of fire or panic from fear of fire, must so construct, equip, maintain, and use such building or structure as to afford every reasonable and practical precaution and protection against injury from such hazards. No person who owns or controls the use or occupancy of such a building or structure shall permit the use of the premises so controlled for any such specially hazardous use unless he has provided such precautions against damage to property or injury to persons by these hazards as are found and determined by the Commissioner in the manner described in O.C.G.A. 25-2-13(d) to be reasonable and practical.
103.2 Existing buildings. Every building and structure existing as of April 1, 1968, which building or structure is listed in paragraph (1) of subsection (b) of O.C.G.A 25-2-13 shall comply with the minimum fire safety standards in the Rules and Regulations of the Safety Fire Commissioner promulgated pursuant to O.C.G.A. 25-2 which were in effect at the time such building or structure was constructed.
Exception 1: Any nonconformance noted under the electrical standards adopted at the time such building or structure was constructed shall be corrected in accordance with the current electrical standards adopted pursuant to O.C.G.A. 25-2.
Exception 2: A less restrictive provision contained in any subsequently adopted minimum fire safety standard pursuant to O.C.G.A. 25-2, may be applied to any existing building or structure.
103.2.1 Existing buildings to be deemed a proposed building. For the purposes of O.C.G.A. 25-2-14(b), any existing building or structure listed in paragraph (1) of subsection (b) of O.C.G.A. 25-2-13 and which comes under the jurisdiction of the Office of the Safety Fire Commissioner, pursuant to O.C.G.A. 25-2-12, shall be deemed to be a proposed (new) building in the event such building or structure is subject to substantial renovation, a fire or other hazard of serious consequence, or a change in the classification of occupancy, or a change to the occupant load or structure issued as a condition of occupancy. The term "substantial renovation", for purposes of this subsection means any construction project involving exits or internal features of such building or structure costing more than the building's or structure's assessed value according to county tax records at the time of such renovation (O.C.G.A. 25-2-14). Where a change of classification is involved, also refer to 102.3 of this Code.

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103.3 Proposed (new) buildings and additions to existing buildings: 103.3.1 Pursuant to O.C.G.A. 25-2-14.1(b), every proposed building and structure listed in paragraph (1) of subsection (b) of O.C.G.A. 25-2-13 shall comply with the adopted minimum fire safety standards that were in effect on the date that plans and specifications therefore were received by the state fire marshal, the proper local fire official marshal, or state inspector for review and approval. Complete plans for proposed (new) buildings and structures recorded as received by the authority having jurisdiction for review prior to the effective date of this Chapter, may be reviewed under the codes, standards, and Rules and Regulations of the Safety Fire Commissioner in force prior to the effective date of this Chapter. 103.3.1.1 Projects receiving a construction permit under earlier editions of the codes and standards must start construction no later than 360 days from the issue date of the permit in order not to require resubmittal for review under the newer adopted codes and standards. 103.3.2 Plans and specifications for all proposed buildings which come under classification in paragraph (1) of subsection (b) of O.C.G.A. 25-2-13 and which come under the jurisdiction of the Office of the Safety Fire Commissioner pursuant to O.C.G.A. 25-2-12 shall be submitted to and receive approval by either the state fire marshal, the proper local fire marshal, or state inspector before any state, municipal, or county building permit may be issued or construction started (O.C.G.A. 25-2-14(a)). All such plans and specifications submitted as required by O.C.G.A. 25-2-14(a) shall be accompanied by a fee in the amount provided in O.C.G.A. 25-2-4.1 and shall bear the seal and Georgia registration number of the drafting architect or engineer or shall otherwise have the approval of the Commissioner. 103.3.3 Pursuant to O.C.G.A. 25-2-37(a), it shall be unlawful for any person to begin construction on any proposed building or structure which comes under the classification in paragraph (1) of subsection (b) of O.C.G.A 25-2-13 and which comes under the jurisdiction of the Office of the Safety Fire Commissioner pursuant to O.C.G.A. 25-2-12 without first having plans approved in accordance with O.C.G.A. 25-2-14. 103.4 Proposed building construction and completion. Pursuant to O.O.G.A. 25-2-14(b), a complete set of plans and specifications approved as set forth in 103.3.3 shall be maintained on the construction site, and construction shall proceed in compliance with the state minimum fire safety standards under which such plans and specifications were approved. The owner of any such building or structure or his authorized representative shall notify the state fire marshal, the proper local fire marshal, or state inspector upon completion of approximately 80 percent of the construction thereof and shall apply for a certificate of occupancy when construction of such building or structure is completed. 103.5 Certificate of occupancy required. Pursuant to O.C.G.A. 25-2-14(c), every building or structure which comes under classification in paragraph (1) of subsection (b) of O.C.G.A. 25-2-13 and which comes under the jurisdiction of the Office of the Safety Fire Commissioner pursuant to O.C.G.A. 25-2-12 shall have a certificate of occupancy issued by the state fire marshal, the proper local fire marshal, or state inspector before such building or structure may be occupied. Such certificates of occupancy shall be issued for each

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business establishment within the building, shall carry a charge in the amount provided in O.C.G.A. 25-2-4.1, shall state the occupant load for such business establishment or building, shall be posted in a prominent location within such business establishment or building, and shall run for the life of the building, except as provided in O.C.G.A. 25-2-14(d). (See 103.2.1of the IFC, as adopted by this Chapter.)"
12. The provisions of section 105, PERMITS, are not adopted for purposes of this Chapter. Local governing authorities may adopt the provisions for local purposes. Refer to section 103.3 with regard to permits required by the Rules and Regulations of the Safety Fire Commissioner.
13. The provisions of section 108, BOARD OF APPEALS, are not adopted for purposes of this Chapter. Local governing authorities may adopt the provisions for local purposes.
14. Delete section 109.3 and all sections there-under in their entirety and substitute in its place the following:
"109.3 Violation penalties. Persons who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this Code, shall be guilty of violation of Section 25-2-37 of the Official Code of Georgia Annotated. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
109.3.1 Abatement of violation. In addition to the imposition of the penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises."
15. The provisions of section 112, SERVICE UTILITIES, are not adopted for purposes of this Chapter. Local governing authorities may adopt the provisions for local purposes.
16. The provisions of section 113, FEES, are not adopted for purposes of this Chapter. Local governing authorities may adopt the provisions for local purposes.
(b) Modifications to Chapter 2: 1. Delete section 201.3 in its entirety and substitute in its place the following: "201.3 Terms defined in other codes. Where terms are not defined in 120-3-3-.03 of Chapter 120-3-3 or other applicable chapters of the Rules and Regulations of the Safety Fire Commissioner, or this Code and are defined in the International Building Code (IBC), the International Fuel Gas Code (IFGC), the International Mechanical Code (IMC), or the codes and standards of the National Fire Protection Association (NFPA), as adopted by this Chapter and other Rules and Regulations of the Safety Fire Commissioner, such terms shall have the meanings ascribed to them as in those codes and standards." (c) Modifications to Chapter 3: 1. Delete section 303.5 in its entirety and substitute in its place the following: "303.5 Portable Fire Extinguishers. There shall be at least one portable fire extinguisher complying with Section 906 and with a minimum 2-A:40-B:C rating within 25 feet

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(7620 mm) of each asphalt (tar) kettle during the period such kettle is being utilized, and a minimum of one additional portable fire extinguisher with a minimum 3-A:40-B:C rating on the roof being covered."
2. Add new exceptions 4, 5, 6, 7 and 8 to section 308.3 to read as follows: "Exception #4: In Group A public assembly occupancies having an occupant load greater than 300, a minimum ceiling height of 25 feet and that are protected throughout by an approved, supervised automatic sprinkler system installed in accordance with NFPA 13, as adopted by this Chapter, pyrotechnic special effect devices shall be permitted to be used on stages before proximate audiences for ceremonial or religious purposes, as part of a demonstration in exhibits, or as part of a performance, provided that precautions satisfactory to the authority having jurisdiction are taken to prevent ignition of any combustible material and use of the pyrotechnic device complies with NFPA 1126, Standard for the Use of Pyrotechnics before a Proximate Audience, as adopted by Chapter 120-3-22 Rules and Regulations of the Safety Fire Commissioner. The ceiling height may be lowered to a minimum of 15 feet upon approval of the authority having jurisdiction having witnessed a demonstration shot of all types of devices being used in the display. Exception #5: In Group A public assembly occupancies having an occupant load greater than 300, a minimum ceiling height of 25 feet and that are protected throughout by an approved, supervised automatic sprinkler system installed in accordance with NFPA 13, as adopted by this Chapter, flame effects before an audience shall be permitted in accordance with NFPA 160, Standard for Flame Effects Before an Audience, as adopted by Chapter 120-3-22 Rules and Regulations of the Safety Fire Commissioner. The ceiling height may be lowered to a minimum of 15 feet upon approval of the authority having jurisdiction having witnessed a demonstration of all types of devices being used in the display. Exception #6 On stages and platforms as a necessary part of a performance in public assembly occupancies having an occupant load greater than 300, a minimum ceiling height of 25 feet and that are protected throughout by an approved, supervised automatic sprinkler system installed in accordance with NFPA 13, as adopted by this Chapter. The ceiling height may be lowered to a minimum of 15 feet upon approval of the authority having jurisdiction having witnessed a demonstration of all types of devices being used in the display. Exception #7 In Group A public assembly occupancies having an occupant load greater than 100 with fixed seating, a minimum ceiling height of 25 feet and that have a minimum of two certified fire fighters on site with proper firefighting equipment as determined by the local fire official, pyrotechnic special effect devices shall be permitted to be used on stages before proximate audiences for ceremonial or religious purposes, as part of a demonstration in exhibits, or as part of a performance, provided that precautions satisfactory to the authority having jurisdiction are taken to prevent ignition of any combustible material and use of the

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pyrotechnic device complies with NFPA 1126, Standard for the Use of Pyrotechnics before a Proximate Audience, as adopted by Chapter 120-3-22 Rules and Regulations of the Safety Fire Commissioner. The ceiling height may be lowered to a minimum of 15 feet upon approval of the authority having jurisdiction having witnessed a demonstration shot of all types of devices being used in the display.
Exception #8: In public assembly occupancies having an occupant load greater than 100 with fixed seating, a minimum ceiling height of 25 feet and that have a minimum of two certified fire fighters on site with proper firefighting equipment as determined by the local fire official, flame effects before an audience shall be permitted in accordance with NFPA 160, Standard for Flame Effects Before an Audience, as adopted by this Chapter. The ceiling height may be lowered to a minimum of 15 feet upon approval of the authority having jurisdiction having witnessed a demonstration of all types of devices being used in the display." 3. Add a new Section 308.1.9 to read as follows: "308.1.9 Portable Cooking Equipment. Portable cooking equipment that is not flue-connected shall be permitted only as follows: (1) Equipment fueled by small heat sources that can be readily extinguished by water, such as candles or alcohol-burning equipment, including solid alcohol, shall be permitted to be used, provided that precautions satisfactory to the authority having jurisdiction are taken to prevent ignition of any combustible materials. (2) Listed and approved LP-Gas commercial food service appliances shall be permitted to be used in accordance with NFPA 58, Liquefied Petroleum Gas Code. 4. Delete section 310.1 'General' its entirety and substitute in its place the following: "310.1 General. The smoking or carrying of a lighted pipe, cigar, cigarette or any other type of smoking paraphernalia or material is prohibited in areas indicated in Sections 310.2 through 31.8, buildings, structures, or areas, or portions of buildings, structures, or areas, as indicated is this in any other code or standard as adopted by the Rules and Regulations of the Safety Fire Commissioner, or where prohibited in accordance Chapter 12A of Title 31 of the O.C.G.A." 5. Add a new section 319 to read as follows: "SECTION 319 LABORATORIES 319 General. Laboratories in which chemicals are used, including laboratories in I-2 (health care) occupancies and in medical and dental offices, shall comply with NFPA 45, as adopted by this Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." 6. Add a new section 320 to read as follows: "Section 320 HYPERBARIC FACILITIES 320.1 General. All occupancies containing hyperbaric facilities shall comply with NFPA 99, Health Care Facilities Code, as adopted by this Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner."

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(d) Modifications to Chapter 4: 1. Delete section 403.3 in its entirety and substitute in its place the following: "403.3 Crowd Managers. Crowd managers shall be provided as set forth in 408.2.3 of this Code." 2. Delete section 404.2 in its entirety and substitute in its place the following: "404.2 Where required. An approved fire safety and evacuation plan shall be prepared and maintained for the following occupancies and buildings. 1. Group A, other than Group A occupancies used exclusively for purposes of religious worship that have an occupant load less than 2,000. 2. Group B buildings having an occupant load of 500 or more persons or more than 100 persons above or below the lowest level of exit discharge. 3. Group E. 4. Group F. 5. Group H. 6. Group I. (Includes "Assisted Living Communities" and 'Memory Care Units". See (g) following Table 405.2). 7. Group R-1. 8. Group R-2 college and university buildings. 9. Group R-3 care facilities where required by the authority having jurisdiction 10. Group R-4. 11. High-rise buildings. 12. Group M buildings having an occupant load of 500 or more persons or more than 100 persons above or below the lowest level of exit discharge. 13. Covered malls exceeding 50,000 square feet (4645 m2) in aggregate floor area. 14. Underground buildings. 15. Buildings with an atrium and having an occupancy classification of Group A, E or M." 3. Delete Table 405.2 in section 405 and the associated notes that follow the table, and substitute in their place the following:

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TABLE 405.2 FIRE & EVACUATION DRILL FREQUENCY & PARTICIPATION

GROUP OCCUPANCY

FREQUENCY

PARTICIPATION

Group A Group B(c) Group E (e) Groups F & H Group I (b) (g) Group R-1 Group R-2(d) Group R-3

Quarterly Annually Monthly (a) Annually on each shift Quarterly on each shift Quarterly on each shift Quarterly Monthly (f) Quarterly one each shift

Employees Employees All occupants Employees Employees (b) (g) Employees All occupants All occupants Employees

Group R-4 (b) High-Rise Buildings

Annually

Employees

(a) The frequency shall be allowed to be modified in accordance with Section 408.3.2. (b) Fire and evacuation drills in (Group I-1 and Group R-4) residential care facilities, residential board and care facilities, personal care homes, and assisted living communities shall include resident participation in accordance with Section 408.6.5 or 408.11.5, as may be applicable. Where occupants receive habilitation or rehabilitation training, fire prevention and fire safety practices shall be included as part of the training program. "Personal Care Homes" and "Residential Board and Care Occupancies" are defined in Section 120-3-3-.03 of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. (c) Group B buildings having an occupant load of 500 or more persons or more than 100 persons above or below the lowest level of exit discharge. (d) Applicable to Group R-2 college and university buildings in accordance with Section 408.3. (e) Drills shall be reported electronically to the Office of the Safety Fire Commissioner. (f) Or, as otherwise directed by the authority having jurisdiction as set forth in 404.2, 9. (g) Health care facilities include "Limited Care Facilities" and "Limited Care (Custodial Care) Facilities", as defined in Section 120-3-3-.03 of the Rules and Regulations of the Safety Fire Commissioner.
4. Add section 406.2.1 to read as follows: "406.2.1 Care-giver training. A minimum of five hours initial fire safety training and recommendation for receipt of a certificate of training for successful completion of the training shall be required for all directors, operators and all staff members of day-care facilities (adult and children), and for administrator's, directors, operators and all staff of Group I-1 and Group R-4 assisted living communities, assisted living facilities, community living arrangements, memory care units, personal care homes, and residential board and care

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homes, as defined in Chapter 2 of this Code or as defined by the Life Safety Code, and or as adopted by Chapter 120-3-3 of the Rules and Regulations of the Georgia Safety Fire Commissioner. The curriculum for the fire safety training shall receive written approval by the State Fire Marshal's Office and be taught by an instructor registered with the Safety Fire Commissioner's Office. All persons as required herein to obtain such required training shall receive this training within 90 days from receipt of a license, being commissioned or the opening of a new facility. Such new persons shall receive a minimum of five hours initial fire safety training and recommendation for receipt of a certificate of training for successful completion of the training within 90 days of employment. In addition, a minimum of two hours of fire safety refresher training shall be required for receipt of a certificate of training for successful completion of the refresher training. The refresher training shall be required for all persons coming under 406.2.1, every three years from the date initial training is received. The curriculum for the fire safety refresher training shall receive written approval by the State Fire Marshal's Office and be taught by an instructor registered with the Safety Fire Commissioner's Office. Registered instructors shall deliver the training based on policies and direction from the State Fire Marshal's Office. Instructors found not to be delivering the training in accordance with the said policies and direction shall be removed from the registry and prohibited from delivering future training."
5. Add a new 408.2.3 and 408.2.3.1 to read as follows: "408.2.3 Crowd Managers. Assembly occupancies having occupant loads of 100 or more shall be provided with a minimum of one trained crowd manager or crowd manager supervisor. Where the occupant load exceeds 250, additional trained crowd managers or crowd manager supervisors shall be provided at a ratio of 1:250, crowd manager/supervisor to occupants, respectively, unless otherwise permitted by the following: (1) This requirement shall not apply to assembly occupancies used exclusively for religious worship with an occupant load not exceeding 2000. (2) With the exception of assembly occupancies noted above where alcoholic beverages are consumed, the ratio of trained crowd managers to occupants shall be permitted to be reduced where, in the opinion of the authority having jurisdiction, the existence of an approved, supervised sprinkler system and the nature of the event warrant. 408.2.3.1 Training. The crowd manager shall receive training approved by the Fire Code Official in crowd management techniques. 408.2.3.2 Fire watch personnel. The provisions of 403.1 shall also be applicable. 408.2.3.2 Tents and membrane structures. Crowd managers shall be provided as specified in Section 3104.20.2 for tents and membrane structures. 6. Delete subsection 408.4 through 408.11 their entirety and substitute in their place the following: "408.4 Group F occupancies. Group F occupancies shall comply with the requirements of Sections 408.4.1 through 408.4.4 and Sections 401 through 407.

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408.4.1 Plans and diagrams. In addition to the requirements of Section 404 and Section 407.6, plans and diagrams shall be maintained in approved locations indicating any hazardous areas within the facility and locations of exits.
408.4.2 Plan updating. The plans and diagrams required by Section 408.4.1 shall be maintained up to date and the fire code official and fire department shall be informed of all major changes.
408.4.3 Emergency response team. Responsible persons shall be designated as the on-site emergency response team and trained to be liaison personnel for the fire department. These persons shall aid the fire department in preplanning emergency responses, identifying hazardous locations and be familiar with the chemical nature of any hazardous material stored on site. An adequate number of personnel for each work shift shall be designated.
408.4.3.1 Disaster training. Malfunctions of the process should be simulated and emergency actions undertaken. Disaster drills that simulate a major catastrophic situation should be undertaken periodically with the cooperation and participation of public fire, police, and other local community emergency units nearby cooperating plants if involved.
408.4.4 Employee Training. The requirements of Sections 408.4.4.1 thru 408.4.6 shall be for new employees and shall be also be applied retroactively with a completion date of January 1, 2011, for existing employees.
408.4.4.1 Initial Training. Initial training shall be provided to employees and contractors who are involved in operating, maintaining, and supervising facilities that handle combustible particulate solids. Initial training shall ensure that all employees are knowledgeable about the following:
(1) Hazards of their workplace (2) General orientation, including plant safety rules (3) Process description (4) Equipment operation, safe startup and shutdown, and response to upset conditions (5) The necessity for proper functioning of related fire and explosion protection systems (6) Equipment maintenance requirements and practices (7) Housekeeping requirements (8) Emergency response plans 408.5 Group H occupancies. Group H occupancies shall comply with the requirements of Sections 408.5.1 through 408.5.4 and Sections 401 through 407. 408.5.1 Plans and diagrams. In addition to the requirements of Section 404 and Section 407.6, plans and diagrams shall be maintained in approved locations indicating the approximate plan for each area, the amount and type of HPM stored, handled and used, locations of shutoff valves for HPM supply piping, emergency telephone locations and locations of exits. 408.5.2 Plan updating. The plans and diagrams required by Section 408.5.1 shall be maintained up to date and the fire code official and fire department shall be informed of all major changes.

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408.5.3 Emergency response team. Responsible persons shall be designated as the on-site emergency response team and trained to be liaison personnel for the fire department. These persons shall aid the fire department in preplanning emergency responses, identifying locations where HPM is stored, handled and used, and be familiar with the chemical nature of such material. An adequate number of personnel for each work shift shall be designated.
408.5.3.1 Disaster training. Malfunctions of the process should be simulated and emergency actions undertaken. Disaster drills that simulate a major catastrophic situation should be undertaken periodically with the cooperation and participation of public fire, police, and other local community emergency units nearby cooperating plants if involved.
408.5.4 Employee Training. The requirements of Sections 408.5.4.1 thru 408.5.6 shall be for new employees and shall be also be applied retroactively with a completion date of January 1, 2011, for currently existing employees.
408.5.4.1 Initial Training. Initial training shall be provided to employees who are involved in operating, maintaining, and supervising facilities that handle combustible particulate solids. Initial training shall ensure that all employees are knowledgeable about the following:
(1) Hazards of their workplace. (2) General orientation, including plant safety rules (3) Process description (4) Equipment operation, safe startup and shutdown, and response to upset conditions (5) The necessity for proper functioning of related fire and explosion protection systems (6) Equipment maintenance requirements and practices (7) Housekeeping requirements (8) Emergency response plans 408.5.5 Notification of Hazards. All employees shall receive monthly notification of hazards and safety information related to the industry's operation. 408.5.5.1 Notification Frequency. Notification of hazards shall be by means of internal written or electronic correspondence, postings of information at conspicuous locations and/or by other means to disseminate information to employees to ensure they are knowledgeable about the hazards of their workplace. Monthly notifications can include such topics as prescribed in 408.5.4.1. 408.5.6 Certification. For those industries having operations involving the manufacturing, processing, and/or handling combustible particulate solids including manufacturing processes that create combustible dust listed under Rule 120-3-24-.021(b), the employer's authorized agent shall electronically file to the Safety Fire Commissioner a written affidavit certifying annually that the training and monthly notifications required by Section 408.5.4.1 have been completed for the past calendar year. 408.5.7 Emergency drills. Emergency drills of the on-site emergency response team shall be conducted on a regular basis but not less than once every three months. Records of drills conducted shall be maintained and available for inspection by the Fire Code Official. 408.6 Group I-1 occupancies. Group I-1 occupancies shall comply with the requirements of Sections 408.6.1 through 408.6.5 and Sections 401 through 406.

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408.6.1 Fire safety and evacuation plan. The fire safety and evacuation plan required by Section 404 shall include special staff actions including fire protection procedures necessary for residents and shall be amended or revised upon admission of any resident with unusual needs.
408.6.2 Staff training. Employees shall be periodically instructed and kept informed of their duties and responsibilities under the plan. Such instruction shall be reviewed by the staff at least every two months. A copy of the plan shall be readily available at all times within the facility.
408.6.2.1 Management and employees shall be subject to the care-giver training provisions of 406.2.1 by January 1, 2015.
408.6.3 Resident training. Residents capable of assisting in their own evacuation shall be trained in the proper actions to take in the event of a fire. The training shall include actions to take if the primary escape route is blocked. Where the resident is given rehabilitation or habilitation training, training in fire prevention and actions to take in the event of a fire shall be a part of the rehabilitation training program. Residents shall be trained to assist each other in case of fire to the extent their physical and mental abilities permit them to do so without additional personal risk.
408.6.4 Drill frequency. Emergency evacuation drills shall be conducted at least quarterly per year on each shift. Drills are required to comply with the time requirements of Section 405.4.
408.6.5 Resident participation. Emergency evacuation drills shall involve the actual evacuation of residents to a selected assembly point and shall provide residents with experience in exiting through all required exits. All required exits shall be used during emergency evacuation drills.
Exception: Actual exiting from windows shall not be required. Opening the window and signaling for help shall be an acceptable alternative.
408.7 Group I-2 occupancies. Group I-2 occupancies shall comply with the requirements of Sections 408.7.1 and 408.7.2 and Sections 401 through 406. Drills are not required to comply with the time requirements of Section 405.4.
408.7.1 Evacuation not required. During emergency evacuation drills, the movement of patients to safe areas or to the exterior of the building is not required.
408.7.2 Coded alarm signal. When emergency evacuation drills are conducted after visiting hours or when patients or residents are expected to be asleep, a coded announcement is allowed instead of audible alarms.
408.8 Group I-3 occupancies. Group I-3 occupancies shall comply with the requirements of Sections 408.8.1 through 408.8.4 and Sections 401 through 406.
408.8.1 Employee training. Employees shall be instructed in the proper use of portable fire extinguishers and other manual fire suppression equipment. Training of new staff shall be provided promptly upon entrance on duty. Refresher training shall be provided at least annually.

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408.8.2 Staffing. Group I-3 occupancies shall be provided with 24-hour staffing. Staff shall be within three floors or 300 feet (91 440 mm) horizontal distance of the access door of each resident housing area. In Use Conditions 3, 4 and 5, as defined in Chapter 2, the arrangement shall be such that the staff involved can start release of locks necessary for emergency evacuation or rescue and initiate other necessary emergency actions within 2 minutes of an alarm.
Exception: Staff shall not be required to be within three floors or 300 feet (9144 mm) in areas in which all locks are unlocked remotely and automatically in accordance with Section 408.4 of the International Building Code.
408.8.3 Notification. Provisions shall be made for residents in Use Conditions 3, 4 and 5, as defined in Chapter 2, to readily notify staff of an emergency.
408.8.4 Keys. Keys necessary for unlocking doors installed in a means of egress shall be individually identifiable by both touch and sight.
408.9 Group R-1 occupancies. Group R-1 occupancies shall comply with the requirements of Sections 408.8.1 through 408.8.3 and Sections 401 through 406.
408.9.1 Evacuation diagrams. A diagram depicting two evacuation routes shall be posted on or immediately adjacent to every required egress door from each hotel, motel or dormitory sleeping unit.
408.9.2 Emergency duties. Upon discovery of a fire or suspected fire, hotel, motel and dormitory employees shall perform the following duties:
1. Activate the fire alarm system, where provided. 2. Notify the public fire department. 3. Take other action as previously instructed. 408.9.3 Fire safety and evacuation instructions. Information shall be provided in the fire safety and evacuation plan required by Section 404 to allow guests to decide whether to evacuate to the outside, evacuate to an area of refuge, remain in place, or any combination of the three. 408.10 Group R-2 occupancies. Group R-2 occupancies shall comply with the requirements of Sections 408.10.1 through 408.10.3 and Sections 401 through 406. 408.10.1 Emergency guide. A fire emergency guide shall be provided which describes the location, function and use of fire protection equipment and appliances accessible to residents, including fire alarm systems, smoke alarms, and portable fire extinguishers. The guide shall also include an emergency evacuation plan for each dwelling unit. 408.10.2 Maintenance. Emergency guides shall be reviewed and approved in accordance with Section 401.2. 408.10.3 Distribution. A copy of the emergency guide shall be given to each tenant prior to initial occupancy. 408.11 Group R-4 occupancies. Group R-4 occupancies shall comply with the requirements of Sections 408.11.1 through 408.11.5 and Sections 401 through 406. 408.11.1 Fire safety and evacuation plan. The fire safety and evacuation plan required by Section 404 shall include special staff actions, including fire protection procedures necessary

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for residents, and shall be amended or revised upon admission of a resident with unusual needs.
408.11.2 Staff training. Employees shall be periodically instructed and kept informed of their duties and responsibilities under the plan. Such instruction shall be reviewed by the staff at least every two months. A copy of the plan shall be readily available at all times within the facility.
408.11.2.1 Management and employees shall be subject to the care-giver training provisions of 406.2.1 by January 1, 2015.
408.11.3 Resident training. Residents capable of assisting in their own evacuation shall be trained in the proper actions to take in the event of a fire. The training shall include actions to take if the primary escape route is blocked. Where the resident is given rehabilitation or habilitation training, training in fire prevention and actions to take in the event of a fire shall be a part of the rehabilitation training program. Residents shall be trained to assist each other in case of fire to the extent their physical and mental abilities permit them to do so without additional personal risk.
408.11.4 Drill frequency. Emergency evacuation drills shall be conducted at least quarterly each on each shift. Twelve drills shall be conducted in the first year of operation. Drills are not required to comply with the time requirements of Section 405.4.
408.11.5 Resident participation. Emergency evacuation drills shall involve the actual evacuation of residents to a selected assembly point and shall provide residents with experience in exiting through all required exits. All required exits shall be used during emergency evacuation drills.
Exception: Actual exiting from windows shall not be required. Opening the window and signaling for help shall be an acceptable alternative.
408.12 Covered mall buildings. Covered mall buildings shall comply with the provisions of Sections 408.12.1 through 408.12.3.
408.12.1 Lease plan. A lease plan shall be prepared for each covered mall building. The plan shall include the following information in addition to that required by Section 404.3.2:
1. Each occupancy, including identification of tenant. 2. Exits from each tenant space. 3. Fire protection features, including the following:
3.1. Fire department connections. 3.2. Fire command center. 3.3. Smoke management system controls. 3.4. Elevators and elevator controls. 3.5. Hose valves outlets. 3.6. Sprinkler and standpipe control valves. 3.7. Automatic fire-extinguishing system areas. 3.8. Automatic fire detector zones. 3.9. Fire barriers.

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408.12.1.1 Approval. The lease plan shall be submitted to the fire code official for approval, and shall be maintained on site for immediate reference by responding fire service personnel.
408.12.1.2 Revisions. The lease plans shall be revised annually or as often as necessary to keep them current. Modifications or changes in tenants or occupancies shall not be made without prior approval of the fire code official and building official.
408.12.2 Tenant identification. Each occupied tenant space provided with a secondary exit to the exterior or exit corridor shall be provided with tenant identification by business name and/or address. Letters and numbers shall be posted on the corridor side of the door, be plainly legible and shall contrast with their background.
Exception: Tenant identification is not required for anchor stores. 408.12.3 Maintenance. Unoccupied tenant spaces shall be:
1. Kept free from the storage of any materials. 2. Separated from the remainder of the building by partitions of at least 0.5-inch-thick (12.7 mm) gypsum board or an approved equivalent to the underside of the ceiling of the adjoining tenant spaces. 3. Without doors or other access openings other than one door that shall be kept key-locked in the closed position except during that time when opened for inspection. 4. Kept free from combustible waste and be broom swept clean." (e) Modifications to Chapter 5: 1. Add a new section 501.5 to read as follows: "501.5 Where buildings or facilities fall under the jurisdiction of the Georgia Safety Fire Commissioner as set forth in the Official Code of Georgia Annotated (O.C.G.A.), Title 25, Chapter 2, except for State owned facilities and State occupied facilities, it is intended that the provisions of Chapter 5 that primarily relate to fire department response, access to facilities, access to building interiors, key boxes, premises identification, fire department connection locations, and fire hydrant locations be administered by the local Fire Chief and/or Fire Code Official responsible for providing fire or other emergency response to the buildings or facilities. With regard to State owned State occupied facilities, that are not provided with a facility fire department, it is intended that the local Fire Chief and/or Fire Code Official providing fire protection to such facilities shall have input in the planning of facilities with regard to the noted provisions covered by Chapter 5." 2. Delete section 503.1.1 in its entirety and substitute in its place the following: "503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction as determined by the local Fire Chief and/or Fire Code Official of the responding fire department or agency. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45.7 m) of all portions of the facility or any portion of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building or facility.

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Exception: The local Fire Chief and/or Fire Code Official of the responding fire department or agency is authorized to increase the dimension of 150 feet (45.7 m) where: 1. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. 2. The fire apparatus access roads cannot be installed because of location on the property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. 3. There are not more than two Group R-3 or Group U occupancies." 3. Add a new section 504.1.1 to read as follows: "504.1.1 Access Doors. For fire department emergency access purposes, there shall be at least one access door in each 100 linear feet (30.5 m) or major fraction thereof of the exterior walls which face the access roadways required by Section 503, unless otherwise required in this code section. In exterior walls designed with continuous rolling dock doors, which face access roadways, there shall be at least one access door in each 200 linear feet (61 m) or fraction thereof. Required access doors shall be a minimum of 3 feet (0.9 m) wide and 6 feet 8 inches (2 m) high and shall be accessible without use of a ladder. Rolling doors are acceptable for such purposes in buildings protected throughout by an approved automatic sprinkler system(s) unless otherwise approved for unsprinklered buildings by the local Fire Chief and /or Fire Code Official." 4. Delete section 507.5.1 in its entirety and substitute in its place the following: "507.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 500 feet (152 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrant mains shall be provided where required by the local Fire Chief and/or Fire Code Official of the responding fire department or agency. Exceptions: 1. For group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). 2. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183m)." 5. Delete subsection 507.5.1.1 in its entirety without substitution. Refer to section 905 of this Code. (f) Modifications to Chapter 6: 1. Add a new section 601.3 to read as follows: "601.3 Where reference is made in this Code to the International Electrical Code, it shall be construed as referencing NFPA 70, National Electrical Code (NEC), as adopted by this Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." 2. Delete section 603.1.4 in its entirety and substitute in its place the following: "603.1.4 Fuel Oil. The grade of fuel oil used in a burner shall be that for which the burner is approved and as stipulated by the manufacturer. The use of crankcase oil or any other oil

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containing gasoline shall not be used except as permitted in NFPA 31, Standard for the Installation of Oil-Burning Equipment, as adopted by Chapter 120-3-11, Rules and Regulations of the Safety Fire Commissioner."
3. Delete section 603.4 in its entirety and substitute in its place the following, provided, however, Section 603.4.1 through 603.4.2.3.4 shall remain unchanged.
"603.4 Portable heaters. Natural gas fuel-fired, liquefied petroleum gas fuel-fired, or liquid fuel-fired space heating devices designed to be portable are prohibited in all portions of occupancies in Groups A, E, I, R-1, R-2, R-3 and R-4. Solid fuel fired heating devices designed to be portable and unvented are prohibited in all occupancy groups
Exceptions: 1. In emergency conditions, when approved by the authority having jurisdiction, equipment designed to be portable may be used for a specified time provided such equipment is properly protected and separated from combustibles as specified by the manufacturer's instructions and the authority having jurisdiction. Such devices shall be supervised during their period of operation by the establishment of a fire watch system based on the definition of "Fire Watch" in Chapter 2 of this Code. Persons assigned to perform fire watch duties shall be instructed as to their duties. 2. Listed and approved unvented fuel-fired heaters in one- and two- family dwellings."
4. Delete section 605.4 in its entirety and substitute in its place the following: "605.4 Multiplug adapters & Relocatable Power Taps (RPTs). 605.4.1 Multiplug adapters. The use of multiplug electrical outlet adapters, such as but not limited to cube adapters or plug strips, or any other similar device that is not UL listed and is not equipped with overcurrent protection shall be prohibited. Such devices that are UL listed and are equipped with overcurrent protection shall only be used in accordance with the UL listing and in accordance with the manufacturer's instructions. Such listed devices shall not be used where specifically prohibited by a provision of NFPA 70, National Electrical Code. Where there is any conflict between the UL listing and the manufacturer's instructions, the UL listing provisions shall prevail. The suitability for the use of RTP's shall be based, by the user, on 110.3(A)(1) of the National Electrical Code. 605.4.2 Relocatable Power Taps (RPT's): 605.4.2.1 Relocatable Power Taps (RPT's) shall be UL listed and labeled in accordance with UL1363. They shall be of the polarized or grounded type, and be equipped with overcurrent protection. RPT's shall be used in accordance with their UL listing and the manufacturer's instructions. [NEC, 110.3(B)] Where there is any conflict between the UL listing and the manufacturer's instructions, the UL listing provisions shall prevail. Such listed devices shall not be used where specifically prohibited by a provision of NFPA 70, National Electrical Code. 605.4.2.2 RPT power supply. RPT's shall be directly connected to a permanently installed electrical receptacle. An RPT shall not be plugged into another RPT or into an extension cord or flexible cord. A UL listed extension cord or flexible cord having only one outlet and

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serving only one device may be plugged into an RPT so long as the arrangement does not cause an overcurrent condition in the RPT.
605.4.2.3 RPT power cords. Power cords of RPT's shall not be extended through holes in walls, structural ceilings, or floors. Such cords shall not be run under doors or floor coverings. They shall not be run through doorways, windows, or similar openings.
605.4.2.4 Protection from physical damage. RPT's shall be mounted off floors to a wall or fixture so as to be protected against physical damage. The method of mounting shall not be permanent so that the devices may be easily relocated as need dictates.
605.4.2.5 Restricted use in Health Care Occupancies. "Hospital grade" RPT's listed, based on UL 1363A, for use in "patient care" or "patient sleeping rooms" of a hospital, limited care facility, nursing home, hospice, or ambulatory health care facility may be used in such locations, unless such use is specifically prohibited by this Code, NFPA 70, National Electrical Code, NFPA 101, Life safety Code, NFPA 99, Health Care Facilities Code, or other applicable State or Federal rule or regulation."
5. Insert an Informational Note following section 605.4.2.4 to read as follows: "Informational Note: Based on UL1363, RPT's are intended for indoor use as an extension of a grounding alternating-current branch circuit for general use. Where such devices are used or intended to be used for voltage surge suppression, the RPT is also required by UL1363 to meet the provisions of UL1449 for Transient Voltage Surge Suppressors. UL1363 incorporates this compliance. Such devices may be utilized for the protection of personal or laptop computers, computer related devices, word processors, memory typewriters, and other low load devices. They are not intended for use with high load equipment such as, but not limited to, refrigerators, coffee pots, microwave ovens, toasters, toaster ovens, space heaters, and other high power load devices. The labeling and manufacturer's information and instructions need to be consulted to determine if the RPT is also listed for transient voltage suppression. In addition, some RPT devices have additional options included in the device such as "electrical noise" filtration. UL1363 would also require and ensure that component would meet UL1283. The safety requirements relative RPT's regardless of the various extras that may be included in a device covered by UL1363 and the RPT manufacturer's instructions. RPT's have also been referred to as "Temporary Power Taps (TPT's)", "power strips", "Surge/Spike Protectors", or "Portable Outlets" among other designations. NFPA 70, National Electrical Code (NEC), 2011 edition, does not utilize the term "Relocatable Power Tap or RPT, however, for safety provisions similar to those utilized by UL, reference can be made to NEC Article 400, Flexible Cords and Cables, Article 406, Receptacles, Cord Connectors, and Attachment Plugs (CAPS), and Article 517 Health Care Facilities." 6. Delete section 605.10 and the exception thereto, and substitute in its place the following: Sections 605.10.1 through 605.10.4 remain unchanged. "605.10 Portable, electric space heaters. Portable, electric heaters are prohibited in all portions of occupancies in Groups A, E (including day care), I-1, I-3, R-1, R-2, and R-4. Where not prohibited by other chapters of this Code, or by provisions of NFPA 101, Life

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Safety Code, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner, portable, electrical space heaters shall be permitted to be used in all other occupancy groups. Where use is permitted, portable electric space heaters shall comply with Sections 605.10.1 through 605.10.4 and 60510.5 where applicable."
7. Add a new section 605.10.5 to read as follows: "605.10.5 Oil filled radiator type, portable electric space heaters that have a maximum surface temperature restriction of 250 F, may be permitted to be used in staff and employee areas that are located on floors not occupied by patient or staff sleeping areas and that are totally sprinkler protected in I-2 occupancies as defined in Chapter 2 of this Code. For single story I-2 occupancies, such devices may be used in staff and employee non-sleeping areas that are totally sprinkler protected and that are separated from staff and patient sleeping room areas by 1-hour fire rated construction. Such space heaters shall comply with 605.10.1 through 605.10.4." 8. Add a new section 605.11 to read as follows: "605.11 Separation from Transformers. Space separation for transformers shall be as follows: (1) Transformer pad locations shall be a minimum of 10 feet (3 m) from any building, building overhangs, canopies, exterior walls, balconies, exterior stairs and/or walkways connected to the building. (2) Transformer pad edges shall be not less than 14 feet (4.3 m) from any doorway. (3) Transformer pad edges shall be not less than 10 feet (3 m) from any window or other opening. (4) If the building has an overhang, the 10 foot (3 m) clearance shall be measured from a point below the edge of the overhang only if the building is three stories or less. If the building is four stories or more, the 10 foot (3 m) clearance shall be measured from the outside building wall. (5) Fire escapes, outside stairs, and covered walkways attached to or between buildings, shall be considered as part of the building. 605.11.1 Transformer pads may be located closer to noncombustible walls than the above required minimum clearances in 605.11(1) upon written approval of the authority having jurisdiction, however, in no case shall the transformer location be less than 3 feet (0.9 m) from the building. 605.11.2 Transformer pads existing prior to December 31, 1994, are exempted from the requirements of 605.11. When buildings are modified, reductions in space separations may be less than the above required minimum clearances upon written approval of the authority having jurisdiction." 9. Delete section 609 in its entirety and substitute in its place the following: "609.1 General. Commercial kitchen exhaust hoods and residential cooking appliances in commercial and public buildings shall comply with the requirements of NFPA 96, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations, as adopted by this Chapter 120-3-3."

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10. Delete section 609.2 in its entirety and substitute in its place the following: "609.2 Where required. A commercial hood complying with NFPA 96, as adopted by this Chapter 120-3-3, shall be installed in any occupancy at or above all commercial cooking appliances, and domestic cooking appliances used for commercial purposes and which produce grease laden vapors. 609.2.1 The provisions of 609.2 shall not apply where provided for in the scoping provisions of subsection 1.1.4 of NFPA 96, as adopted by this Chapter 120-3-3." 11. Delete 609.3 in its entirety and substitute in its place the following: "609.3 Operations and maintenance. Commercial cooking appliances, and domestic cooking appliances used for commercial purposes and which produce grease laden vapors, and all components of ventilation systems serving such appliances shall be installed, operated and maintained in accordance with the provisions of NFPA 96 as adopted by this Chapter 120-3-3." (g) Modifications to Chapter 7: 1. Delete section 701.1 in its entirety and substitute in its place the following: "701.1 Scope. (1) The provisions of this chapter shall specify the requirements for fire-resistance-rated construction, except for the enclosing of floor openings and other vertical openings, including but not limited to, shafts and stairways, in new buildings and structures. For vertical opening protection, the applicable provisions of NFPA 101, Life Safety Code, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner shall apply. The provisions of this chapter shall also specify the requirements for and the maintenance of safeguards relative to fire resistive construction features in existing buildings and structures. (2.) New construction falling under the scope of 701.1 shall comply with the International Building Code, as adopted by the Georgia Department of Community Affairs." 2. Add a new section 703.5 to read as follows: "703.5 Barrier Identification. All fire and/or smoke barriers or walls shall be effectively and permanently identified with signs or stenciling above a decorative ceiling and/or in concealed spaces with letters a minimum of 2 inches (51 mm) high on a contrasting background spaced a maximum of 12 feet (3.7 m) on center with a minimum of one per wall or barrier. The hourly rating shall be included on all rated barriers or walls. Suggested wording is, '(__) Hour Fire and Smoke Barrier-Protect All Openings.' 703.5.1: Existing stenciling, acceptable to the authority having jurisdiction, shall be permitted to remain in use. Existing signs, that are not peeling or detaching from the barrier, shall be permitted to remain in use, subject to the approval of the authority having jurisdiction." 3. Delete section 704.1 in its entirety and substitute in its place the following: "704.1 Enclosures. The provisions of NFPA 101, Life Safety Code, as adopted by this Chapter 120-3-3, shall govern the enclosure requirements of vertical shafts, including but not limited to stairways and service and utility shafts that connect two or more stories of a building or structure. (Refer to Table 102.13, CODES REFERENCE GUIDE)"

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4. Delete section 704.2 in its entirety and substitute in its place the following. "704.2 Opening protectives. The provisions of NFPA 80, NFPA 101, and this Code, as adopted by this Chapter 120.3.3, shall govern the protection of openings in fire rated enclosures and barriers, including the self-closing or automatic closing opening protectives." (h) Modifications to Chapter 8: 1. Delete section 801.1 in its entirety and substitute in its place the following: "SECTION 801 GENERAL, 801.1 Scope. The provisions of this Code, as adopted by this Chapter shall govern furniture, furnishings, decorative vegetation, and decorative materials, as defined in Chapter 2 of this Code, in buildings and structures. Section 803 shall be applicable to all existing buildings, structures, or spaces constructed and issued the required certificate of occupancy prior to the effective date of this Chapter 120-3-3. Sections 804 through 808 shall be applicable to such existing buildings, structures, and or spaces, and to proposed (new) buildings, structures, or spaces. For the purposes of this Code, wall padding, wall mounted gym pads, crash pads, or other pads mounted or secured to walls shall meet the provisions of this NFPA 101, Life Safety Code applicable to interior finish materials. Gym pads or other pads used on floors shall be considered as furnishings. Interior finish and trim in proposed (new) buildings shall be regulated by NFPA 101, Life Safety Code, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." (i) Modifications to Chapter 9: 1. Delete section 901.3 in its entirety and substitute in its place the following: "901.3 Approvals and Permits. Fire protection systems shall be approved as set forth by the authority having jurisdiction. Local authorities having jurisdiction may require permits as required and set forth in 105.6 and 105.7 of this Code." 2. Delete section 901.4.1 in its entirety and substitute in its place the following: "901.4.1 Required fire protection systems. Fire suppression systems required by this Code, the International Building Code, the Life Safety Code, or other codes and standards adopted by the Rules and Regulations of the Georgia Safety Fire Commissioner, shall be installed, operated, tested, repaired and maintained in accordance with this Code and applicable standards adopted by the Rules and Regulations of the Georgia Safety Fire Commissioner." 3. Delete section 901.4.2 in its entirety and substitute in its place the following: "901.4.2 Provisions in excess of the minimum Code requirements shall, as a minimum, be installed to meet the provisions of the currently adopted code(s) and/or standard(s) which may be applicable to the provision at the time of its installation. Any non-required fire protection system which is added onto, or interconnected with, any required fire protection system (of a similar type), shall be designed, installed, and maintained in accordance with the provisions of the currently adopted code(s) and/or standard(s) which may be applicable to the provision at the time of its installation. 901.4.2.1 The provisions of 901.4.2 shall not apply to other installations not conforming with the provisions of the currently adopted code(s) and/or standard(s) applicable to the

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provision at the time of its installation if such installations are reported and filed with the local responding fire department and the authority having jurisdiction. In addition such systems shall be identified as required by the authority having jurisdiction.
901.4.2.2 The provisions of 901.4.2 shall not apply for non-required systems designed, reviewed, installed and approved in accordance with local codes and/or ordinances."
4. Add a new section 901.6.3 to read as follows: "901.6.3 Automatic sprinkler systems and other water based fire extinguishing systems, including fire pumps, required or installed, shall be maintained in accordance with NFPA 25, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems, adopted by this Chapter. A certificate of inspection, as specified by NFPA 25, shall be retained on file at the facility and shall be made available to the Fire Code Official upon request for review for a period of at least three years." 5. Delete section 901.7.2 and substitute in its place the following: "901.7.2 Tag Required. (a) A tag shall be used to indicate that a system, or portion thereof, has been removed from service. (b) For water based fire protection systems the tagging provisions of NFPA 25, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems, as adopted by this Chapter 120-3-3 shall apply." 6. Delete section 903.2 in its entirety and substitute in its place the following: "903.2 Where required. (a) Approved automatic sprinkler systems for proposed (new) buildings and structures approved for construction as set forth in 103.3.1 of this Code, or where specifically required for existing buildings and structures, shall as the minimum level of protection, be that required by the applicable provisions of NFPA 101, Life Safety Code and applicable provisions of other codes and standards adopted by Chapter 120-3-3 of the Rules and Regulations of the Georgia Safety Fire Commissioner, and this Code section; provided, however, the International Building Code (IBC) shall govern the requirements for sprinkler protection that are related to minimum building construction types, or to increases in building area and height limitations imposed by the IBC." (Refer to Table 102.13, CODES REFERENCE GUIDE) (b) Where a new automatic sprinkler system is required by this Code or other code, standard, rule or regulation, the system shall be designed and installed in accordance with the requirements applicable to systems in proposed (new) buildings and structures. (c) In addition, an automatic sprinkler system may be required for new or existing buildings, structures, spaces, or conditions by other NFPA standards adopted by this Chapter 120-3-3, or other Rules and Regulations of the Safety Fire Commissioner. (d) The requirements for the installation, design, and testing of automatic sprinkler systems shall be as applicable, NFPA 13, Standard for the Installation of Sprinkler Systems, NFPA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height; and NFPA 13D, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes, or as adopted and modified by this Chapter 120-3-3.

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903.2.1 The sprinkler protection provision of 903.2 shall not be mandatory for spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided those spaces or areas are equipped throughout with a supervised automatic fire alarm system, and are separated from the remainder of the building by fire barriers consisting of walls and floor/ceiling assemblies having a fire resistance rating of not less than 2-hours. NOTE: NFPA 76, Fire Protection of Telecommunications Facilities, should be consulted. Refer to the edition adopted by this Chapter 120-3-3."
7. Delete section 903.3.7 of this Code in its entirety and substitute in its place the following:
"903.3.7 Fire department connections. The location of fire department connections shall be approved by the Fire Chief as set forth in subsection 501.5 of this Code, adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner."
8. Delete section 904.2.1 in its entirety and substitute in its place the following: "904.2.1 Commercial hood and duct systems. Each required commercial kitchen exhaust hood and duct system required by Section 609 to have a commercial hood complying with NFPA 96, shall be protected with an approved automatic fire-extinguishing system installed in accordance with this Code and applicable provisions of NFPA 96." 9. Delete section 904.11 in its entirety and substitute in its place the following: "904.11 Fire Protection for Commercial Cooking Operations. 904.11.1 The requirements for, as well as the design, installation, protection and maintenance of cooking equipment, shall be as required by NFPA 101, Life Safety Code and NFPA 96, Standard for the Ventilation Control and Fire Protection of Commercial Cooking Operations, as adopted by this Chapter 120-3-3." (Refer to Table 102.13, CODES REFERENCE GUIDE) 904.11.2 Fire suppression systems approved for the protection of commercial cooking appliances shall be designed, installed, and maintained in accordance with the applicable standards adopted in this Chapter." 10. Delete section 904.11.5 in its entirety and substitute in its place the following: "904.11.5 Portable fire extinguishers for commercial cooking appliances. Portable fire extinguishers shall be installed in kitchens or other commercial cooking areas in accordance with NFPA 10 and NFPA 96, as adopted by this Chapter 120-3-3 of the Rules and Regulations of the Georgia Safety Fire Commissioner. Class K portable fire extinguishers and the required operation sequence signage required by NFPA 10, shall be located between 5 feet and 10 feet from the manual release device(s) of the kitchen exhaust hood fire suppression system(s)." 11. Delete section 905.1 in its entirety and substitute in its place the following: "905.1 General. The State's minimum requirements for standpipe systems shall be as required by the International Building Code (IBC) or this Code. Standpipe systems shall be designed, installed and tested in accordance with NFPA 14, Standard for the Installation of

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Standpipe, and Hose Systems as adopted by this Chapter 120-3-3. (Refer to Table 102.13, CODE REFERENCE GUIDE)"
12. Insert a new subsection 905.12 to read as follows: "905.12 Fire department connections. The location of fire department connections shall be approved by the Fire Chief as set forth in subsection 501.5 of this Code, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." 13. Delete section 906.1 in its entirety and substitute in its place the following: "906.1 Portable Fire Extinguishers - General. Portable fire extinguishers shall be installed in all buildings, structures and facilities falling under this Code and O.C.G.A. 25-2. For any other building, structure, facility, or condition or special hazard, portable fire extinguishers shall be provided as may be required by this Code in Table 906.1, or by various codes and standards adopted by this Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. (Refer to Table 102.13, CODES REFERENCE GUIDE)." 14. Delete section 906.2 in its entirety and substitute in its place the following: "906.2 General requirements. The selection, distribution, installation, and maintenance of portable fire extinguishers shall comply with NFPA 10, Standard for Portable Fire Extinguishers, as adopted by this Chapter 120-3-3. 906.2.1 The maximum travel distance to reach an extinguisher shall not apply to the spectator seating portions of Group A-5 occupancies. 906.2.2 Thirty-day inspections shall not be required and maintenance shall be allowed to be once every three years for dry-chemical or halogenated agent portable fire extinguishers that are supervised by a listed and approved electronic monitoring device, provided that all of the following conditions are met: (a) Electronic monitoring shall confirm that extinguishers are properly positioned, properly charged and unobstructed. (b) Loss of power or circuit continuity to the electronic monitoring device shall initiate a trouble signal. (c) The extinguishers shall be installed inside of a building or cabinet in a noncorrosive environment. (d) Electronic monitoring devices and supervisory circuits shall be tested every three years when extinguisher maintenance is performed. (e) A written log of required hydrostatic test dates for extinguishers shall be maintained by the owner to ensure that hydrostatic tests are conducted at the frequency required by NFPA 10. 906.2.3 In Group E - Educational occupancies, in lieu of locating fire extinguishers in corridors and normal paths of travel as specified in NFPA 10, Standard for Portable Fire Extinguishers, fire extinguishers may be located in rooms that open directly onto such corridors and pathways provided all of the following are met: (a) The room in which such extinguishers are placed are located in close proximity to that portion of the corridor where a fire extinguisher would otherwise be placed in accordance with NFPA 10; Standard for Portable Fire Extinguishers,

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(b) A sign which states in white letters at least one inch in height on a red background, 'FIRE EXTINGUISHER LOCATED IN THIS ROOM,' is placed on the corridor wall immediately adjacent to the entrance way of each such room so that it can be clearly seen at all times; (c) The rooms in which such extinguishers are placed shall be constantly supervised during school hours; and, (d) Those rooms cannot be subject to being locked at any time the building is occupied." 15. Delete sections 906.3 through 906.10 without substitution (Refer to NFPA 10). 16. Delete section 907.1 in its entirety and substitute in its place the following, while retaining existing subsections: "907.1 Fire Alarm Systems - General. (a) The State's minimum requirements for fire alarm systems in proposed (new) buildings and structures approved as set forth in 103.3.1 of this Code shall be as required by NFPA 101, Life Safety Code, as adopted by this Chapter 120-3-3. Fire alarm systems shall be designed, installed, tested, and maintained in accordance with NFPA 72, National Fire Alarm and Signaling Code, as adopted by this Chapter 120-3-3. (b) New fire alarm systems to be installed in existing buildings shall be designed, installed, and maintained in accordance with NFPA 72, as adopted by this Chapter 120-3-3. (Refer to Table 102. 13 CODES REFERENCE GUIDE)" 17. Delete sections 907.2 through 907.6.5.2 in their entirety and without substitution. 18. Delete section 909.1 in its entirety and substitute in its place the following: "909.1 Scope and purpose. This section applies to mechanical or passive smoke control systems when they are required for proposed (new) buildings or portions thereof by provisions of the Life Safety Code (LSC) or this Code, as adopted by this Chapter 120-3-3, or by provisions of the International Building Code (IBC), as adopted by the Department of Community Affairs. The purpose of this section is to establish minimum requirements for the design, installation, and acceptance testing of smoke control systems that are intended to provide a tenable environment for the evacuation or relocation of occupants. These provisions are not intended for the preservation of contents, the timely restoration of operations, or for assistance in fire suppression or overhaul activities. Smoke control systems regulated by this section serve a different purpose than the smoke and heat venting provisions found in Section 910. Mechanical smoke control systems shall not be considered exhaust systems under Chapter 5 of the International Mechanical Code (IMC)." 19. Delete section 909.2 in its entirety and substitute in its place the following: "909.2 General design requirements. Buildings, structures, or portions thereof required by provisions of the Life Safety Code (LSC) or this Code, as adopted by this Chapter, or by provisions of the International Building Code, as adopted by the Department of Community Affairs, to have a smoke control system or systems shall have such systems designed in accordance with the applicable requirements of Section 909 of this Code and the generally accepted and well established principles of engineering relevant to the design. The construction documents shall include sufficient information and detail to describe adequately the elements of the design necessary for the proper implementation of the smoke control

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4403

systems. These documents shall be accompanied with sufficient information and analysis to demonstrate compliance with these provisions."
20. Add a new section 909.2.1 to read as follows: "909.2.1 Smoke Control. For the purposes of 909.2 the following publications shall be considered as providing the generally accepted and well established principals of engineering relevant to design of required smoke control systems. (1) NFPA 92, Standard for Smoke Control Systems (3) NFPA SPP-53, Smoke Control in Fire Safety Design (4) ASHRAE/SFPE, Design of Smoke Management Systems (5) ASHRAE, Guideline 5: Guideline for Commissioning Smoke Management Systems" (6) NFPA 101, Life Safety Code (For non-mandatory guidance involving systems for existing detention and correction facilities refer to A.23.3.1.3 of the 2012 Edition) 21. Add a new section 909.21 to read as follows: "909.2.1 Deactivation of Mechanical Pressurization Systems. The design of pressurization systems shall ensure that smoke is not introduced into the pressurized enclosure so as to result in the untenable contamination of the fresh air. Approved smoke detectors shall be installed at each intake in such approved manner that the operation of the fan providing mechanical pressurization to the enclosure where smoke is detected shall be deactivated upon detection of smoke." 22. Add a new subsection 912.2.3 to read as follows: "912.2.3 Location of fire department connections. The location of fire department connections for automatic sprinkler systems shall be as approved by the Fire Chief as set forth in accordance with Section 912 and Section 501.5 of this Code, as adopted by 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." 23. Add a new section 914.7.3 to read as follows: "914.7.3 Limited Use Special Amusement Buildings: Special amusement buildings not open to the public in excess of 45 days shall be permitted, provided all of the following conditions are met: 1. Portable fire extinguishers with a minimum of a 2A:10B:C rating are placed within 25 feet of each activity or viewing station, so as to be readily accessible and visible to staff; 2. A smoke detection system is placed throughout the facility with a smoke detector located at each activity or viewing station and located throughout corridors and halls not to exceed a spacing more than 15 feet (4.6 m) from a wall or more than 30 feet (9.1 m) on center. Where there is no ceiling or cover over activity or viewing stations, or over exit access routes, other than the standard ceiling, smoke detectors shall be placed so that their area of coverage does not exceed the approval listing of the detectors; 3. Emergency lighting shall be provided which will cause illumination of the means of egress upon loss of power to lighting circuits for the means of egress routes serving the special amusement building. In addition, all staff shall be provided with flashlights; 4. Personnel dedicated for the sole purpose of performing fire watch duties as defined in Chapter 2 of the International Fire Code and as be deemed necessary for specific

4404

COUNTY HOME RULE ORDINANCES

circumstances by the authority having jurisdiction, shall be provided in such numbers to ensure the entire special amusement space is surveyed at least every 30 minutes starting 30 minutes prior to public occupancy. Such personnel shall be provided with a direct communication device for communication with all viewing or activity stations throughout the facility. In addition such personnel shall be provided with appropriate training for the operation of portable fire extinguishing equipment; 5. Communication to the responding fire department or emergency dispatch center is available from the facility (a regular telephone or at least two cell phones are acceptable); 6. "NO SMOKING" signs shall be posted at entrances to the building. Receptacles for the discard of smoking material shall be located a minimum of 15 feet (9.1 m) from the structure and shall be clearly identified by applicable signage; 7. Documentation of fire watch tours required by item 4 above is maintained. The documentation, at the minimum, shall note the time when the tour was conducted the name of personnel conducting the tour, and information about any hazards identified and actions taken to remove such hazards. Such documentation shall be readily available to the code official upon request." (j) Modifications to Chapter 10: 1. Delete sections 1001 through 1030 in their entirety and substitute in their place the following: "1001.1 General. (A) Proposed (new) buildings or portions thereof approved for construction as set forth in 103.3 of this Code, shall be provided with means of egress and related safeguards as set forth by NFPA 101, Life Safety Code, as adopted this Chapter. (Refer to Table 102.13, CODES REFERENCE GUIDE) (B) Buildings and structures existing and approved prior the effective date of this Chapter 120-3-3, as set forth in 103.3 of this Code, having means of egress and related safeguards conforming to NFPA 101, Life Safety Code, under which they were approved and constructed shall be considered as complying with this Code. Means of egress and related safeguards in existing buildings constructed without approval, may be considered as complying with this Code section if, in the judgment of the authority having jurisdiction, they do not constitute a distinct hazard to life. Where, in the judgment of the authority having jurisdiction, the means of egress or related safeguards provided constitute a distinct hazard to life, the hazardous condition or conditions shall be remedied based on the provisions for existing buildings of the Life Safety Code as adopted by this Chapter 120-3-3. (C) Exit discharge termination dispersal areas may be utilized where authorized and designed in accordance with 7.7.1.5 of the Life Safety Code, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." 2. Add the following section 1001.2 to read as follows: "1001.2 Overcrowding and Life Safety Hazard Prevention. Overcrowding or admittance of any person beyond the approved capacity of a building or a portion thereof shall not be allowed. It is the responsibility of the manager and the person in charge of a building, structure, or portion thereof not to allow an overcrowded condition or any condition which

GEORGIA LAWS 2015 SESSION

4405

constitutes a life safety hazard to exist, and to take prompt action to remedy an overcrowded condition or life safety hazard when evidence of such a condition is noted, or when advised or ordered by the Fire Code Official or his/her representative. (Refer to 107.6)
1001.2.1 Decreases in the Occupant Load. For authorized decreases in the occupant load approved by the fire code authority having jurisdiction, the actual number of occupants for whom each occupied space, floor or building is designed, although less than those determined by calculation, shall be permitted to be used in the determination of the design occupant load.
1001.2.2 Increases in the Occupant Load. For approved increases in the occupant load by the fire code authority having jurisdiction, refer to 7.3.1.5 of Subsection 7.3.1 of NFPA 101, Life Safety Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner.
1001.2.2 Overcrowded Condition or Life Safety Hazard Determined. The fire code official, upon finding any overcrowded conditions or obstructions in aisles, passageways or other means of egress, or upon finding any condition which constitutes a life safety hazard, shall be authorized to cause the event to be stopped until such condition or obstruction is corrected. In addition, a structure, building, room or designated portion thereof shall be deemed overcrowded if the total of occupants exceeds the exit capacity of the structure, building, room or area involved."
(k) Modifications to Chapter 11: 1. Delete 1101.1and substitute in its place the following: "1101.1 Scope. The provisions of this chapter shall apply to existing buildings constructed prior to the effective date of this Chapter 120-3-3. 2. Delete 1101.2 and substitute in its place the following: "1101.2 Intent. The intent of this chapter is to provide a minimum degree of fire and life safety to persons occupying buildings by providing for existing building rehabilitation activities including repair, renovation, modification, reconstruction, change of use or occupancy classification, and additions to such buildings. 3. Delete 1101.3 and substitute in its place the following: "1101.3 Permits. Construction permits for buildings falling under State jurisdiction, as set forth in O.C.G.A. 25-2.13, shall be required for the activities noted in 4601.1 when the criteria of O.C.G.A. 25-2-14(d) for an existing building to be classified as a proposed (new) building or structure are met. For local jurisdictions, permits shall be required as set forth in Section 105.7 of this Code and the International Building Code. 4. Delete Sections 1102 through 1104 and substitute in their place a new 1102 to read as follows: "SECTION 1102 FIRE AND LIFE SAFETY REQUIREMENTS FOR EXISTING BUILDINGS AND STRUCTURES" "1102.1 General. The intents and purposes of this section shall be met through the application of the applicable provisions of this Code, the Life Safety Code, and other codes and standards as adopted by Chapter 120-3-3 of the Rules and Regulations of the Georgia Safety Fire Commissioner, as they apply to existing conditions and routine maintenance of

4406

COUNTY HOME RULE ORDINANCES

fire and life safety protection systems and devices. For building rehabilitation activities, including repair, renovation, modification, reconstruction, change of use or occupancy classification, and additions to such buildings, the definitions and requirements of Chapter 43, of the Life Safety Code, adopted by Chapter 120-3-3 of the Rules and Regulations of the Georgia Safety Fire Commissioner shall apply."
(l) Modifications to Chapter 20: 1. Delete section 2003.5 in its entirety and substitute in its place the following: "2003.5 Dispensing of flammable and combustible liquids. No dispensing, transfer or storage of flammable or combustible liquids shall be permitted inside any building or structure. Exceptions: 1. As provided in Chapter 57 of this Code, provided, the provisions are not less protective than the provisions of any applicable codes and standards adopted by the Rules and Regulations of the Safety Fire Commissioner. 2. When the procedures used follow the guidelines and requirements set forth in NFPA 410 Standard for Aircraft Maintenance, adopted by this Chapter 120-3-3." 2. Delete sections 2006.1 through 2006.21.1 in their entirety and substitute in their place a new paragraph 2006.1 to read as follows: "2006.1 Aircraft motor vehicle fuel-dispensing stations and Airport Fuel Systems. All aircraft motor vehicle fuel-dispensing stations and airport fuel systems shall be in accordance with Chapter 120-3-11 Rules and Regulations of the Safety Fire Commissioner entitled, 'Rules and Regulations for Flammable and Combustible Liquids." 3. Delete section 2007.1 in its entirety and substitute in its place the following: "2007.1 General. Helistops and heliports shall be maintained in accordance with Section 2007. Helistops and heliports on buildings or structures shall be constructed in accordance with the International Building Code and the requirements set forth by NFPA 418, Standard for Heliports, adopted by this Chapter 120-3-3." (m) Modification to Chapter 23. 1. Delete sections 2301.1 through 2301.6 in their entirety and substitute in their place a new paragraph 2301.1 to read as follows: "2301.1 Scope. Automotive motor fuel-dispensing facilities, marine motor fuel dispensing facilities, fleet vehicle motor fuel-dispensing facilities and repair garages shall be in accordance with Chapter 120-3-11 Rules and Regulations of the Safety Fire Commissioner entitled, 'Rules and Regulations for Flammable and Combustible Liquids'." Exception: This chapter shall apply to hydrogen motor fuel-dispensing and generation facilities as specified in section 2309 and repair garages where referenced by subsection 406.6, entitled, 'Repair Garages,' of the International Building Code. 2. Delete sections 2303 through 2308 and all other paragraphs there-under, and section 2310 and all other paragraphs thereunder in their entirety without substitution.

GEORGIA LAWS 2015 SESSION

4407

(n) Modification to Chapter 31: 1. Add a new 3104.15.1.1 to read as follows: "3104.15.1.1 Cooking Operations. Cooking operations shall be evaluated and comply with NFPA 96, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." (o) Modification to Chapter 50: 1. Add two new exceptions 12 and 13 to section 5001.1 to read as follows: "12. Storage, transportation, use, dispensing, mixing and handling of Flammable and Combustible Liquids as outlined in Chapter 120-3-11 Rules and Regulations of the Safety Fire Commissioner entitled, "Rules and Regulations for Flammable and Combustible Liquids. 13. Storage, handling, and transportation of liquefied petroleum gas (LP-Gas) and the installation of LP-gas equipment pertinent to systems for such use as outlined Chapter 120-3-16 Rules and Regulations of the Safety Fire Commissioner entitled, 'Rules and Regulations for Liquefied Petroleum Gases." 2. In Table 5003.11.1, add superscript "k" to Oxidizers in the Material column and add the following footnote "k" to read as follows: "k. Group M occupancies with Class 2 and Class 3 oxidizers exceeding these quantities shall comply with the applicable provisions of NFPA 400, Hazardous Materials Code as adopted by this Chapter 120-3-3." (p) Modifications to Chapter 56: 1. Delete sections 5601 through 5607 and all related paragraphs there under in their entirety and substitute in their place the following: "5601. Explosives and blasting. The provisions of Chapter 120-3-10 Rules and Regulations of the Safety Fire Commissioner entitled, 'Rules and Regulations for Explosives and Blasting Agents' shall govern the possession, manufacture, storage, handling, sale and use of explosives, explosive materials and small arms ammunitions." 2. Delete section 5608.1 in its entirety and substitute in its place the following: "5608.1 GENERAL PROVISIONS. In addition to the requirements of this Section for the display of fireworks the provisions of O.C.G.A. Title 25, Chapter 2, and Chapter 120-3-22, Rules and Regulations of the Safety Fire Commissioner, shall apply. Where there may be a conflict between a provision of this Section and a provision of the above referenced law or regulation, the provision of the above referenced law or regulation shall apply. Nothing in this chapter shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for the signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports or for the use by military organizations." 2. Insert a new section 5608.11to read as follows: "5608.11 Retail display and sale. (a) Fireworks as defined in the Official Code of Georgia

4408

COUNTY HOME RULE ORDINANCES

(O.C.G.A.) Title 25, Chapter 10 in 25-10-1 (a)(1) shall not be made available for sale at retail or wholesale, except as provided in O.C.G.A. 25-10. (b) Non-explosive sparkling devices as defined in O.C.G.A. 25-10-1(b) are permitted for retail sales to the public, provided, however, it is unlawful for any such devices to be sold to any person under 18 years of age (O.C.G.A. 25-10-2(b)(1). In addition, it is unlawful to sell such items to any person by any means other than an in-person, face-to-face sale. Further, such person shall provide proper identification to the seller at the time of such purchase. The term 'proper identification' means any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth and includes without being limited to, a passport, military identification card, driver's license, or an identification card authorized under O.C.G.A. Sections 40-5-100 through 40-5-104. (c) In areas where devices are stored or displayed for retail sales, at least one pressurized-water type portable fire extinguisher complying with NFPA 10, as adopted by this Chapter shall be located not more than 20 feet and not closer than 15 feet from the storage or display location. In addition, "NO SMOKING" signs complying with Section 310 shall be conspicuously posted in areas of such storage or display, unless in a building where smoking is clearly marked as prohibited."
(q) Modification to Chapter 57: 1. Add a new non-applicability paragraph number 11 to section 5701.2 to read as follows: "11. The storage, transportation, use, dispensing, mixing and handling of Flammable and Combustible Liquids as outlined in Chapter 120-3-11 Rules and Regulations of the Safety Fire Commissioner entitled, 'Rules and Regulations for Flammable and Combustible Liquids." (r) Modifications to Chapter 61: 1. Delete Chapter 61 in its entirety and substitute in its place the following: "CHAPTER 61 LIQUEFIED PETROLEUM GASES. The provisions relating to the storage and handling of liquefied petroleum gases shall be those in NFPA 58, Liquefied Petroleum Gas Code, as adopted by Chapter 120-3-16, Rules and Regulations of the Safety Fire Commissioner. (Refer to Table 102.13, CODES REFERENCE GUIDE)" (s) Modifications to Chapter 80: 1. Delete Chapter 80 in its entirety and substitute in its place the following: "CHAPTER 80 REFERENCED STANDARDS Replace the NFPA Standard Reference numbers with the year edition with the same NFPA Standard Reference numbers and titles however; each year edition shall be those as adopted by the Rules and Regulations of the Georgia Safety Fire Commissioner Chapters 102-3-3, 120-3-10, 120-3-11 and 120-3-12. The following are the Standard Reference numbers and the section numbers where such references exist: NFPA National Fire Protection Association 1 Batterymarch Park Quincy, MA 02169-7471 ________________________________________________________________________

Standard Reference Numbers

GEORGIA LAWS 2015 SESSION

4409

Standard Title

Referenced in code section number

10 - 10 11- 10 12 - 08 12A - 09 13- 10
13D - 10 13R - 10
14 - 10 15 - 12

Portable Fire Extinguisher
Low, Medium, High-expansion Foam Carbon Dioxide Extinguishing Systems
Installation of Sprinkler Systems
Installation of Sprinkler Systems in One-and Two-family Dwellings and Manufactured Homes Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height Installation of Standpipe and Hose Systems Water Spray Fixed Systems for Fire Protection

Table 901.6.1, 906.2, 906.3, Table 906.3(1), Table 906.3(2), 906.3.2, 906.3.4, 3006.3, 1101.1 904.7, 3404.2.9.2.2
Table 901.6.1, 904.8, 904.11
Halon 1301 Fire Extinguishing Systems Table 901.6.1, 904.9 903.3.1.1, 903.3.2, 903.3.5.1.1, 903.3.5.2, 904.11, 905.3.4, 907.6.3, 1009.3, 3201.1, 3204.2, Table 3206.2, 3206.9, 3207.2, 3207.2.1, 3208.2.2, 3208.2.2.1, 3208.4, 3210.1, 3401.1, 5104.1, 5106.5.7, 5704.3.3.9, Table 5704.3.6.3(7), 5704.3.7.5.1, 5704.3.8.4 903.3.1.3, 903.3.5.1.1
903.3.1.2, 903.3.5.1.1, 903.3.5.1.2, 903.4
905.2, 905.3.4, 905.4.2, 905.6.2, 905.8 5704.2.9.2.3

4410 16 - 11 17 - 09 17A - 09 20 - 10 22 - 08 24 - 10 25 - 11 30 - (12)
30A - (12)

COUNTY HOME RULE ORDINANCES

Installation of Foam-water

904.7, 904.11

Sprinkler and Foam-Water Spray

Systems

Dry Chemical Extinguishing System

Table 901.6.1, 904.6, 904.

Wet Chemical Extinguishing Systems

Table 901.6.1, 904.5, 904.11

Installation of Stationary Pumps 913.1, 913.2, 913.5.1 for Fire Protection

Water Tanks for Private Fire Protection

507.2.2

Installation of Private Fire Service Mains and Their Appurtenances

507.2.1, 2809.5

Inspection, Testing and

507.5.3, Table 901.6.1, 904.7.1,

Maintenance of Water based Fire 912.6, 913.5, 1101.1

Protection Systems

Flammable and Combustible Liquids Code

5703.62, 5703.6.2.1, 5704.2.7, 5704.2.7.1, 5704.2.7.2, 5704.2.7.3.2, 5704.2.7.3.6, 5704.2.7.4, 5704.2.7.6, 5704.2.7.7, 5704.2.7.8, 5704.2.7.9, 5704.2.9.3, 5704.2.9.4, 5704.2.9.6.1.1, 5704.2.9.6.1.2, 5704.2.9.6.1.3, 5704.2.9.1.4, 5704.2.9.6.1.5, 5704.2.9.6.2, 5704.2.9.7.4, 5704.2.10.2, 5704.2.11.4, 5704.2.11.5.2, 5704.2.12.1, 5704.3.1, 5704.3.6, Table 5704.3.6.3(2), Table 5704.3.6.3(3), 5704.3.7.2.3, 5704.3.8.4, 5706.8.3

Code for Motor Fuel-dispensing Facilities and Repair Garages 2306.6.3, 2310.1

2301.4, 2301.5, 2301.6

30B - (11)
31 - (11) 32 - (11) 33 - (11) 34 - (11) 35 - (11) 40 - (11) 51 - 07
51A - (11) 52 - (10) 55 - (10)

GEORGIA LAWS 2015 SESSION

4411

Manufacture and Storage of Aerosol Products 5104.3.2.2, 5104.4.1, 5104.5.2,

5101.1, 5103.1, 5104.1, Table 5104.3.1, Table 5104.3.2, Table
5104.6, 5106.2.3, 5106.3.2, Table 5106.4, 5106.5.1, 5106.5.6, 5107.1

Installation of Oil-burning Equipment

603.1.7, 603.3.1, 603.3.3

Dry Cleaning

2107.1, 2107.3

Spray Application Using Flammable or Combustible Materials

2404.3.2

Dipping and Coating Processes 2405.3, 2405.4.1.1 Using Flammable or Combustible Liquids

Manufacturing of Organic Coatings

2901.3, 2905.4

Storage and Handling of Cellulose Nitrate Film

306.2

Design and Installation of Oxygen-fuel Gas Systems for Welding, Cutting and Allied Processes

3501.5, 3507.1, 3509.1

Acetylene Cylinder Charging Plants

3508.1

Vehicular Fuel System Code

5301.1

Standard for the Storage, Use and Handling of Compressed Gases and Cryogenic Fluids in Portable and Stationery Containers Cylinders and Tanks

2309.2.1, 5501.1, 5801.1, 6301.1

4412 58 - (11)
59A - (09) 61 - 08 69 - 08 70 -11

COUNTY HOME RULE ORDINANCES

Liquefied Petroleum Gas Code

603.4.2.1.1, 6101.1, 6103.1, 6103.2.1, 6103.2.1.2, 6103.2.1.7, 6103.2.2, 6104.1, 6104.3.2, 6104.4, 6106.2, 6106.3, 6107.2, 6108.1, 6108.2, 6109.11.2, 6111.3

Production, Storage and Handling 5301.1, 5501.1 of Liquefied Natural Gas (LNG)

Prevention of Fires and Dust Explosions In Agricultural and Food Products Facilities

Table 2204.1

Explosion Prevention Systems 911.1, 911.3, Table 2204.1

Georgia State Minimum Standard Electrical Code (National Electrical Code)

603.1.3, 603.1.7, 603.5.2, 604.2.15.1, 604.2.16.2, 605.3, 605.4,605.9, 605.11, 606.16, 904.3.1, 907.6.1, 909.11, 909.12.1, 909.16.3, 1208.2, 2006.3.4, 2104.2.3, Table 2204.1, 2305.4, 2308.8.1.2.4, 2309.2.3, 2311.3.1, 2311.8.1.2.4, 2403.2.1, 2403.2.1.1, 2403.2.1.4, 2403.2.5, 2403.12.6.1, 2404.9.4, 2404.15.7, 2504.5, 2603.2.1, 2606.4, 2703.7.1, 2703.7.2, 2703.7.3, 2803.4, 2904.1, 3304.7, 5003.7.3, 5303.7.6, 5303.8, 5303.16.11, 5303.16.14, 5503.6, 5503.6.2, 5703.1, Table 5703.1.1, 5703.1.3, 5704.2.8.12, 5704.2.8.17, 5706.2.8, 5803.1.5, 5803.1.5.1, 5807.1.10, 5906.5.5, 5906.5.6, 6004.2.2.8, 6109.15.1

72 - 10
80 - 10 85 - 11 86 - 11 92 -09 99 - 12 101 -12 105 -10
110 -10 111-10
120 -10 160 -11 170 -09 204 -12 211 -10

GEORGIA LAWS 2015 SESSION

4413

National Fire Alarm & Signaling Code

508.1.5, Table 901.6.1, 903.4.1, 904.3.5, 907.2, 907.2.6, 907.2.11, 907.2.13.2, 907.3, 907.3.3, 907.3.4, 907.5.2.1.2, 907.5.2.2, 907.6, 907.6.1 907.6.2, 907.6.5, 907.7, 907.7.1 907.7.2, 907.8, 907.8.2, 907.8.5

Fire Doors and Other Opening Protectives

703.1.3, 1008.1.4.3

Boiler and Combustion System Table 1304.1 Hazards Code

Ovens and Furnaces

3001.1

Smoke Control Systems

909.8

Health Care Facilities

5306.4

Life Safety Code

1028.6.2

Installation of Smoke Door Assemblies And Other Opening Protectives

703.1.2

Emergency and Standby Power 604.1, 604.3, 604.4, 913.5.2,

Systems

913.5.3

Stored Electrical Energy Emergency and Standby Power Systems

604.1, 604.3, 604.4

Coal Preparation Plants

Table 2204.1

Flame Effects Before an Audience

308.3.2

Standard for Fire Safety and Emergency Symbols

1024.2.6.1

Standard for Smoke and Heat Venting

Table 901.6.1, 910.5

Chimneys, Fireplaces, Vents and 603.2 Solid Fuel-Burning Appliances

4414 241- 09 253 -11 260 - 09
261 - 09
265 - 11
286 - 11 289 - 09 303 - 11 318-09 385 - 07

COUNTY HOME RULE ORDINANCES

Safeguarding Construction, Alteration, and Demolition Operations

3301.1

Standard Test for Critical Radiant Flux of Floor Covering System Using a Radiant Heat Energy Source

804.31, 804.3.2, 804.4

Methods of Tests and Classification System for Cigarette Ignition Resistance of Components of Upholstered Furniture

805.1.1.1, 805.2.1.1, 805.3.1.1, 805.4.1.1

Method of Test for Determining Resistance Of Mock-Up Upholstered Furniture Material Assemblies to Ignition by Smoldering Cigarettes

805.2.1.1, 805.3.1.1, 805.4.1.1

Method of Fire Tests for Evaluating Room Fire Growth Contribution of Textile Wall Coverings in Full Height Panels and Walls

803.5.1, 803.5.1.1, 803.5.1.2, 803.5.2, 803.6

Standard Method of Fire Tests for 803.1, 803.1.2, 803.1.2.1,

Evaluating Contribution of Wall 803.5.1,

and Ceiling Interior Finish to

803.5.2, 803.6

Room Fire Growth

Standard Method of Fire Test for 806.2, 807.4.2.1, 808.3 Individual Fuel Packages

Fire Protection Standard for Marinas and Boatyards

905.3.7, 3603.5, 3603.6, 3604

Standard for the Protection of Semiconductor Fabrication Facilities

2703.16

Tank Vehicles for Flammable and Combustible Liquids

5706.5.4.5, 5706.6, 5706.6.1

407 - 12 409 - 11 430 - 10 484 - 12 490 - 10 495 - 10
498 - 10 505 - 11
654 - 11
655 - 12 664 - 12 701 - 10

GEORGIA LAWS 2015 SESSION

4415

Aircraft Fuel Servicing Aircraft Hangars
Storage of Liquid and Solid Oxidizers Combustible Metals Storage of Ammonium Nitrate Explosive Materials Code
Safe Havens and Interchange Lots for Vehicles Transporting Powered Industrial Trucks, Including Type Designations, Areas of Use, Maintenance And Operation Prevention of Fire and Dust Explosions From the Manufacturing, Processing and Handling of Combustible Particulate Solids Prevention of Sulfur Fires and Explosions Prevention of Fires and Explosions in Wood Processing and Woodworking Facilities Methods of Fire Tests for Flame-propagation of Textiles and Films

2006.2, 2006.3 914.8.2, 914.8.5, Table 914.8.2, 914.8.2.1, 914.8.5 6304.1.4
Table 2204.1 2201.1.5 202. 911.1, 911.4, 5601.1.1, 5601.1.5, 5604.2, 5604.6.2, 5604.6.3, 5604.7.1, 5605.1, 1, 5606.5.2.1, 5606.5.2.3, 5607.1, 5607.9, 5607.11, 5607.15 5601.1.2
5003.7.3
Table 2204.1
Table 2204.1
Table 2204.1, 2805.3
806.2, 807.1, 807.1.2, 807.4.2.2, 2603.5, 3104.2

4416

COUNTY HOME RULE ORDINANCES

703 - 12
704 - 12
720 -12
750 - 10 790 - 04 1122 - 08 1123 - 10 1124 -12
1125 -12 1126 -11 1127-08 1142 - 12 2001 - 11

Fire Retardant Impregnated Wood and Fire Retardant Coatings for Building Materials

803.4

Identification of the Hazards of Materials for Emergency Response

202, 606.7, 3104.2, 5003.2.2.1, 5003.2.2.2, 5003.5, 5003.10.2, 5005.1.10, 5005.2.1.1, 5005.4.4, 5503.4.1, 5704.2.3.2

Standard for the Installation of 908.7, 908.7.1, 1103.9 Carbon Monoxide (CO) Warning Equipment in Dwelling Units

Water Mist Fire Protection Systems

Table 901.6.1

Standard Test Methods for Fire 317.2 Tests of Roof Coverings

Model Rocketry

5601.1.4

Fireworks Display

202, 5604.2, 5608.1, 5608.2.2, 5608.5, 5608.6

Manufacture, Transportation, Storage, And Retail Sales of Fireworks and Pyrotechnic Articles

202, 5604.2 5605.1, 5605.3, 5605.4, 5605.5

Manufacture of Model Rocket 5601.1.4 and High Power Rocket Motors

Use of Pyrotechnics Before a Proximate Audience

5604.2, 5605.1, 5608.1, 5608.2.2, 5608.4, 5608.5

High Power Rocketry

5601.1.4

Water Supply for Suburban and B103.3 Rural Fire Fighting

Clean Agent Fire Extinguishing Table 901.6.1, 904.10 Systems

(4) NFPA 2, 2011 Edition Hydrogen Technologies Code Modifications: None

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(5) NFPA 3, 2012 Edition, Guide for the Commissioning and Integrated Testing of Fire Protection and Life Safety Systems
Modifications: (a) Modifications to Chapter 1: 1. Add a new subsection 1.1.3 to read as follows: "1.1.3 This document is recognized strictly as a recommended practice for fire prevention and fire protection. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, and it is not adopted as a minimum state code or standard. It may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards, or it may be adopted and enforced by a local jurisdiction under local ordinance." (6) NFPA 10, 2013 Edition, Standard for Portable Fire Extinguishers Modifications: (a) Modification to Chapter 6: 1. Delete 6.1.3.8.1 in its entirety and insert in its place the following (6.1.3.8.2 and 6.1.3.8.3 remain unchanged: "6.1.3.8.1 Portable fire extinguishers having a gross weight not exceeding 40 lb. (18.14 kg) shall be installed so that the top of the extinguisher is not more than 4ft 6 in (1.22 m 1.37 m) above the floor." (b) Modifications to Chapter 7: 1. Delete 7.1.2.1* in its entirety and insert in its place the following: "7.1.2.1 Persons performing maintenance and recharging of extinguishers shall be licensed and/or permitted in accordance with Chapter 12 of Title 25 of the Official Code of Georgia Annotated." 2. Delete subparagraphs 7.1.2.1.1 thru 7.1.2.1.5 in their entirety without substitution. 3. Delete subparagraph 7.1.2.3 in its entirety without substitution. 4. Delete subsection 7.3.4.1.1 in its entirety and substitute in its place the following: "7.3.4.1.1 Tags shall comply the requirements of Chapter 120-3-23 Rules and Regulations of the Safety Fire Commissioner." 5. Delete subsection 7.3.4.4.3 in its entirety and substitute in its place the following: "7.3.4.3 Verification-of-Service Collar (Maintenance or Recharging). Verification-of-Service Collars shall comply with the requirements of Chapter 120-3-23 Rules and Regulations of the Safety Fire Commissioner." 6. Delete subsection 7.3.6.5.3 in its entirety and substitute in its place the following: "7.3.6.5.3 The 6 year Maintenance internal examination label shall be blue in color and shall comply with the requirements of Chapter 120-3-23 Rules and Regulations of the Safety Fire Commissioner." 7. Delete subsection 7.10.3 in its entirety and substitute in its place the following: "7.10.3 Verification-of-Service Collars shall comply with the requirements of Chapter 120-3-23 Rules and Regulations of the Safety Fire Commissioner."

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(c) Modifications to Chapter 8: 1. Delete subsection 8.1.2.1 in its entirety and substitute in its place the following: "8.1.2.1 Hydrostatic testing shall be performed by persons who are, licensed and/or permitted in accordance with Chapter 12 of Title 25 of the Official Code of Georgia Annotated, trained in pressure testing procedures and safeguards complying with 7.1.2, who have testing equipment, facilities, and an appropriate manufacturer's service manual(s) available." 2. Delete subsection 8.1.2.1.2 in its entirety without substitution. 3. Delete subsection 8.1.2.1.3 in its entirety and substitute in its place the following: "8.1.2.1.3* Where hydrostatic testing is subcontracted to a facility described in 8.1.2.1.1, the secondary firm actually performing the hydro testing must be listed on the primary firms license(s) application on file in the Georgia State Fire Marshal's Office." 4. Delete subsection 8.7.2.2 in its entirety and substitute in its place the following: "8.7.2.2 The label shall comply with the requirements of Chapter 120-3-23 Rules and Regulations of the Safety Fire Commissioner." (7) NFPA 11, 2010 Edition, Standard for Low-, Medium-, and High-Expansion Foam Modifications: None (8) NFPA 12, 2011 Edition, Standard on Carbon Dioxide Extinguishing Systems Modifications: None (9) NFPA 12A, 2009 Edition, Standard on Halon 1301 Fire Extinguishing Systems Modifications: None (10) NFPA 13, 2013 Edition, Standard for the Installation of Sprinkler Systems Modifications: (a) Modification to Chapter 4: 1. Add a new Section 4.7 to read as follows: "4.7 Modification of Existing Sprinkler Systems. In existing sprinkler systems, heads may be relocated from original installation locations. All alterations or modifications to existing branch lines shall be submitted with hydraulic calculations if work is outside of scope of subsections 4.4.1 through 4.4.4. New hydraulic data nameplate shall be placed on any modified system at the riser or sectional valve along with the existing hydraulic data nameplate. 4.7.1 One additional sprinkler may be added to an original installation location if the additional sprinkler is in a remotely located or non-communicating compartment from the existing or relocated sprinkler. 4.7.2 Two sprinklers may be added to an existing branch line if the additional sprinklers are in remotely located or non-communicating compartments from the existing or relocated sprinkler. 4.7.3 New branch lines added to existing cross mains shall be sized the same as the existing branch lines.

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4.7.4 No more than two heads shall be supplied from 1 inch (25.4 mm) pipe unless the existing system was calculated to supply more than two heads. In such case, the calculated maximum for 1 inch (25.4 mm) pipe shall take precedence."
(b) Modification to Chapter 8: 1. Delete the Annex note A.8.15.4.1 to 8.15.4.1* and insert a revised A.8.15.4.1 to read follows: "A.8.15.4.1 It is the intent of this section to apply the requirement for draft stops and closely spaced sprinklers to openings in fire rated floor/ceiling assemblies. It is not the intent of this section to require draft stops and closely spaced sprinklers to the perimeter around mezzanines, raised platforms, lofts or other places where stairs or escalators ascend to a floor or landing that is open to the space below. 2. Insert a new 8.15.4.2.1 and 8.15.4.2.2 to read as follows: "8.15.4.2.1 Draft stops required by Section 8.15.4.1 shall not be required in Light and Ordinary Hazard Occupancies utilizing quick response sprinklers throughout." 3. Delete paragraph 8.17.2.4.6* in its entirety and substitute in its place the following. The annex note shall remain. "8. 17.2.4.6* FDC Locations. The location of fire department connections shall be approved by the Fire Chief as set forth in subsections 501.5 and 912 of the International Fire Code (IFC), as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. Where there may be conflict between subsection 501 or 912 of the IFC and section 8.17.2 of this Code, the provisions of 501 and 912 of the IFC shall prevail." (c) Modification to Chapter 16: 1. Delete subparagraph 16.2.4.1.2(3) in its entirety and substitute in its place the following: "(3) Shelves shall be slatted using a minimum nominal 2 inch (51 mm) thick by maximum nominal 6 inch (152.4 mm) wide slat held in place by spacers secured to the racks that maintain a minimum 2 inch (51 mm) opening between each slat." (d) Modifications to Chapter 17: 1. Delete subparagraph 17.2.4.1.2(3) in its entirety and substitute in its place the following: "(3) Shelves shall be slatted using a minimum nominal 2 inch (51 mm) thick by maximum nominal 6 inch (152.4 mm) wide slat held in place by spacers secured to the racks that maintain a minimum 2 inch (51 mm) opening between each slat." (e) Modification to Chapter 18: 1. In Table 18.4(d), change the number of sprinklers in the 25.2 Nominal K-factor rows from "12 (See Note 2)" to "15 (See Note 5)" and add the following Note 5. "5. The design area shall consist of the hydraulically most demanding area of 15 sprinklers, consisting of five sprinklers on each of three branch lines. The design area shall include a minimum operating area of 1,200 square feet (111.5 sq. m)." (f) Modification to Chapter 20: 1. Delete Section 20.1 and substitute in its place the following: "20.1 General. The requirements of Chapter 12 shall apply unless modified by this chapter. Designs using criteria from this section shall be permitted subject to approval by

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the authority having jurisdiction. Use of this criteria shall require a rack plan be maintained and be made available to the authority having jurisdiction upon demand. This plan shall indicate the section containing the criteria used for the design and shall be on a bay-by-bay basis."
2. Delete paragraph 20.3.1(2) in its entirety and substitute in its place the following: "(2) Shelves shall be slatted using a minimum nominal 2 inch thick by maximum nominal 6 inch wide slat held in place by spacers secured to the racks that maintain a minimum 2 inch opening between each slat." 3. Delete paragraph 20.3.1(4) in its entirety and substitute in its place the following: "(4) Solid plywood shelving (3 feet 6 inches x 8 feet 3 inches) shall be permissible over the wood slats at the 5 foot level provided that shelves in item (5) are not installed in the same bay and item (13) is not used within 4 feet of the bay." 4. Delete paragraph 20.3.1(7) in its entirety and substitute in its place the following: "(7) Solid veneered particle board displays shall be permissible provided that: all flues are maintained; only one of either is installed per bay up to the 12 foot level; the top of the display is open to shelves with spacers or wire mesh shelves; and shelves per item (4) or (5) are not installed in the bay and item (13) is not used within 4 feet of the bay." 5. Delete paragraph 20.3.1(13) in its entirety and substitute in its place the following: "(13) Storage in the aisle shall be permissible provided the aisle storage is no more than 4 feet high, a minimum clear aisle of 4 feet is maintained, and aisle storage shall not exceed 16 square feet per 120 square feet of aisle area." (g) Modification to Chapter 23: 1. Add a new 23.1.2.1 to read as follows: "23.1.2.1 Where plan review notes returned with submitted plans or comments on submitted plans by the authority having jurisdiction (AHJ), indicating the need for corrections, such corrections shall be made by the Fire Protection Sprinkler Designer. Only after the needed corrections are made and shown on corrected plans shall changes by installation personnel be allowed. Corrected plans shall be kept at the project site and shall be firmly attached to the set of plans stamped as approved with comments by the AHJ. Submitted plans returned without the approval stamp of the AHJ shall have corrections made and be resubmitted to the AHJ for review and approval. The installation of a system shall not be allowed where plans have been returned without an approval stamp until corrected plans have been submitted, reviewed, and stamped as approved by the AHJ." 2. Add new items (47) through (50) to subsection 22.1.3 to read as follows: "(47) Type of construction, (i.e. obstructed or unobstructed as defined in Section 3.7), and the distance between the sprinkler deflector and the structure in exposed structure areas. (48) Indicate the system is a NFPA 13 designed system. (49) Owner's Certificate, provided in accordance with Section 4.3. (50) Name, number and signature of the Certificate of Competency holder & Designer." 3. Add a new subsection 22.4.4.10.2 to read as follows: "22.4.4.10.2 There shall be a minimum 10 psi (0.69 bar) cushion between the hydraulically

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calculated sprinkler system demand and supply when there is a backflow prevention device present.
22.4.4.10.2.1 The 10 psi (0.69 bar) cushion may be lowered to not less than 7 psi with written approval of the authority having jurisdiction based on the capability of the fire department to provide support to the system within 10 minutes of the receipt of notification of the alarm of fire in the building."
4. Add a new subparagraph 22.4.4.10.3 to read as follows: "22.4.4.10.3 There shall be a minimum 15 psi (1.03 bar) cushion between the hydraulically calculated sprinkler system demand and supply in systems that do not have a backflow prevention device. 22.4.4.10.3.1 The 15 psi (1.05 bar) cushion may be lowered to not less than 7 psi with approval of the authority having jurisdiction based on the capability of the fire department to provide support to the system within 10 minutes of the receipt of notification of the alarm of fire in the building." (h) Modification to Chapter 24: 1. Add a new paragraph 24.2.2.3 to read as follows: "24.2.2.3 A water test taken to determine the period of highest demand and made not more than six months prior to plan submittal shall be submitted to the authority having jurisdiction with all new system designs." (i) Modification to Chapter 25: 1. Add a new item (5) to 25.1 to read as follows: "(5) Attach an initial "GREEN" inspection tag to the sprinkler system riser. (a) After installation, acceptance testing, and inspection, at the time the system is initially accepted as being in a state of operational readiness, an Inspection Tag shall be completed and attached to the system at a conspicuous location so as to permit convenient inspection, and not hamper system activation. (b) Inspection Tags must be GREEN in color and have a minimum dimension of 5 1/4 inches (133 mm) in length and 2 5/8 inches (67 mm) in width. (c) Inspection tags shall bear at least the following information in an easy to read format: 1. "DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL." This order shall be in a minimum of 10pt capital letters. 2. The license number, name, and physical address of the licensed Fire Sprinkler Contractor. 3. The license number, printed name, and signature of the licensed Fire Sprinkler Inspector. 4. The properly punched day, month and year the system was inspected and placed in a state of operational readiness. 5. The name and physical address, including tenant space designation, as applicable of the facility."

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(11) NFPA 13D, 2013 Edition, Standard for the Installation of Sprinkler Systems in One-and Two-Family Dwellings and Manufactured Homes
Modifications: None (12) NFPA 13R, 2013 Edition, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height Modifications: (a) Modification to Chapter 1: 1. Delete Section 1.1 in its entirety and substitute in its place the following. Subsection 1.1.1 shall remain. "1.1 Scope. This standard deals with the design and installation of automatic sprinkler systems for protection against fire hazards in residential occupancies, personal care homes, day-care centers and group day-care homes, up to and including four stories in height. When a single-story open-air parking structure of fire-restrictive construction having a rating greater than 2-hours is below a four-story residential occupancy, the structure is considered within this scope." 2. Delete Section 1.2 in its entirety and substitute in its place the following: "1.2 Purpose. The purpose of this standard is to provide design and installation requirements for a sprinkler system to aid in the detection and control of fires in residential occupancies, day-care centers, group day-care homes, and personal care homes, and thus provide improved protection against injury, loss of life, and property damage. A sprinkler system designed and installed in accordance with this standard is expected to prevent flashover (total involvement) in the room of fire origin, where sprinklered, and to improve the chance for occupants to escape or be evacuated. This standard shall not be applied to "new assisted living communities" or new "memory care units" as defined in 120-3-3-.03 of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner, and as regulated by Chapter 34 or 35, as applicable, of the Life Safety Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner, unless approved by the State Fire Marshal's Office on a case by case basis." (b) Modification to Chapter 3: 1. Delete subsection 3.3.9 in its entirety and substitute in its place the following: "3.3.9 Residential Occupancies. Residential Occupancies, as specified in the scope of this standard and for the purposes of this standard, include the following, as defined by State law, or by the Rules and Regulations of the Georgia Safety Fire Commissioner: (1) Apartment buildings, (2) Lodging and rooming houses, (3) Board and care facilities, (4) Hotels, motels, and dormitories, (5) Personal care homes (prompt and slow evacuation type only), (6) Day-care centers and group day-care homes." 2. Add a new paragraph 3.3.9.1 to read as follows: "3.3.9.1 Day-care Center For purposes of NFPA 13R, a day-care facility subject to licensure or commission by the Department of Human Resources where more than 12 clients receive care. A day-care center is within the definition of a dwelling unit." 3. Add a new paragraph 3.3.9.2 to read as follows:

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"3.3.9.2 Group Day-care Home - For purposes of NFPA 13R, a day-care facility subject to licensure or commission by the Department of Human Resources where at least seven but not more than 12 clients receive care. A group day-care home is within the definition of a dwelling unit."
4. Add a new paragraph 3.3.9.3 to read as follows: "3.3.9.3 Dwelling For purposes of NFPA 13R, any building which contains not more than one or two 'dwelling units' intended to be used, rented, leased, hired out to be occupied for habitation purposes, or for use as a day-care center, a group day-care home, or as a personal care home or community living arrangement." 5. Add a new paragraph 3.3.9.4 to read as follows: "3.3.9.4 Outside Dwelling Unit - Any area such as, but not limited to, storage, mechanical and equipment rooms and/or other area(s) that, in the opinion of the authority having jurisdiction, constitutes a fire hazard in excess of the hazards normally found within the dwelling unit." 6. Add a new paragraph 3.3.9.5 to read as follows: "3.3.9.5 Personal Care Home For the purposes of NFPA 13R, any building or part thereof that is used as defined in Chapter 120-3-3 in 120-3-3-.03(11) of the Rules and Regulations of the Safety Fire Commissioner." (c) Modification to Chapter 4: 1. Add a new Section 4.7 to read as follows: "4.7 Minimum Pipe Sizes. Minimum pipe sizes shall be 3/4 inch (19.1 mm) for copper and 1-inch (25.4 mm) for steel. For other approved pipe or tubing used, a minimum size of 3/4 inch (19.1 mm) for those with a Hazen-Williams 'C' value of 150 or more and 1inch (19.1 mm) for those less than 150." (d) Modification to Chapter 6: 1. Delete paragraph 6.6.1 in its entirety and substitute in its place the following: "6.6.1 Sprinklers shall be installed in all areas except where omission is permitted by 6.6.2 through 6.6.9 excluding day-care facilities. Sprinklers shall be installed in all areas of day-care facilities except where omission is permitted by 6.8.4 and 6.8.5." 2. Add a new paragraph 6.8.9 to read as follows: "6.8.9 A non-multipurpose piping system shall be isolated from the domestic water system by not less than two spring-loaded check valves or equivalent." 3. Add a new paragraph 6.8.10 to read as follows: "6.8.10 All valves controlling water supplies for sprinkler systems or portions thereof, including floor control valves, shall be easily accessible to authorized persons. Water supply connections shall not extend into or through a building unless such connection is under control of an outside listed indicating valve or an inside listed indicating valve located near an outside wall of the building." (e) Modification to Chapter 8: 1. Add a new item (26) to subsection 8.1.7 to read as follows: "(26) Indicate the system is an NFPA 13R designed system."

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(f) Modification to Chapter 9: 1. Delete subsection 9.3(1) in its entirety and substitute in its place the following: "(1) The water supply shall be capable of supplying the system demand for at least 30 minutes. Where the water supply source is a connection to a reliable water works system, a test shall be conducted not more than six months prior to plan submittal to determine the period of highest demand. The test results shall be submitted along with all new system design plans to the authority having jurisdiction." 2. Add a new subsection 9.4.1 to read as follows: "9.4.1 A fire pump not meeting NFPA 20, Standard for the Installation of Stationary Pumps for Fire Protection, may be acceptable for small community living arrangements, day-care centers, day-care homes, and small personal care homes based upon documentation and subject to written approval of the authority having jurisdiction." (g) Modification to Chapter 10: 1. Add a new subsection 10.1.5 to read as follows: "10.1.5 Upon completion of the acceptance test as set forth in this section, the installer shall attach an initial "GREEN" inspection tag to the sprinkler system riser. (a) After installation, testing, and inspection, at the time the system is initially accepted as being in a state of operational readiness, an Inspection Tag shall be completed and attached to the system at a conspicuous location so as to permit convenient inspection, and not hamper system activation. (b) Inspection Tags must be GREEN in color and have a minimum dimension of 5 1/4 inches (133 mm) in length and 2 5/8 inches (67 mm) in width. (c) Inspection tags shall bear at least the following information in an easy to read format: (1) "DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL." This order shall be in a minimum of 10pt capital letters. (2) The license number, name, and physical address of the licensed Fire Sprinkler Contractor. (3) The license number, printed name, and signature of the licensed Fire Sprinkler Inspector. (4) The properly punched day, month and year the system was inspected and placed in a state of operational readiness. (5) The name and physical address (including tenant space as applicable) of the facility." (13) NFPA 14, 2013 Edition, Standard for the Installation of Standpipe, and Hose Systems Modifications: (a) Modifications to Chapter 1: 1. Delete Section 1-1 in its entirety and substitute in its place the following: "1-1 Scope. The State's minimum requirements for standpipes shall be established by the IBC (Refer to Table 102.13, CODES REFERENCE GUIDE) of the International Fire Code, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner). In addition, the requirements for occupant hoses are eliminated for new and existing buildings subject to the approval of the authority having jurisdiction. Where the

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installation of standpipes and/or hose systems is required, this standard covers the minimum requirements for the installation of standpipes and hose systems for buildings and structures. This standard does not cover requirements for periodic inspection, testing, and maintenance of standpipe systems. (See NFPA 25, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems.)"
(b) Modification to Chapter 7: 1. Delete 7.8.1 in its entirety and substitute in its place the following: "7.8.1 Hydraulically designed standpipe systems shall be designed to provide the waterflow rate required by Section 7.10 at a minimum residual pressure of 100 psi (6.9 bar) at the outlet of the hydraulically most remote 2-1/2 inch (65 mm) hose connection and 65 psi (4.5 bar) at the outlet of the hydraulically most remote 1-1/2 (38 mm) hose station. 7.8.1.1 Where the local Fire Chief or local Fire Code Official having fire suppression jurisdiction permits lower than 100 psi (6.9 bar) for 2-1/2 inch (65 mm) hose connections, based upon local suppression tactics, the pressure shall be permitted to be reduced to not less than 65 psi (4.5 bar). 7.8.1.2 Where the building is protected throughout by a supervised automatic sprinkler system and the building is not a high-rise, as defined in 3.3.5, the minimum residual pressure provisions shall not be mandatory when the standpipe system piping is a minimum of eight inches (8") nominal diameter. 7.8.1.3 Existing high-rise buildings, as defined in 3.3.5, that are protected throughout by a supervised automatic sprinkler system shall be permitted a reduction of the minimum residual pressure requirement of 100 psi (6.9 bar) at the hydraulically most remote 2-1/2 inch (63.5 mm) hose connection to 65 psi (4.5 bar). 7.8.1.4* Manual standpipe systems shall be designed to provide 100 psi (6.9 bar) at the topmost outlet with the calculations terminating at the fire department connection. " 2. Delete 7.8.2.1 in its entirety and substitute in its place the following: "7.8.2.1 Pipe schedule designed standpipe systems shall have piping sized in accordance with the pipe schedule in Table 7.8.2.1 to provide the required waterflow rate at a minimum residual pressure of 100 psi (6.9 bar) at the topmost 2-1/2 inch (65 mm) hose connection and 65 psi (4.5 bar) at the topmost 1-1/2 inch (38 mm) hose connection. 7.8.2.1.1 Where the local Fire Chief or local Fire Code Official having fire suppression jurisdiction permits lower than 100 psi (6.9 bar) for 2-1/2 inch (65 mm) hose connections, based upon local suppression tactics, the pressure shall be permitted to be reduced to not less than 65 psi (4.5 bar). 7.8.2.1.2 Where the building is protected throughout by a supervised automatic sprinkler system and the building is not a high-rise, as defined in 3.3.9, the minimum residual pressure provisions shall not be mandatory when the standpipe system piping is a minimum of eight inches (8") nominal diameter. 7.8.2.1.3 Existing high-rise buildings, as defined in 3.3.9, that are protected throughout by a supervised automatic sprinkler system shall be permitted a reduction of the minimum

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COUNTY HOME RULE ORDINANCES

residual pressure requirement of 100 psi (6.9 bar) at the hydraulically most remote 2-1/2 inch (63.5 mm) hose connection to 65 psi (4.5 bar)."
3. Insert a new subsection 7.12.3.4 to read as follows: "7.12.4 Location. The location of fire department connections shall be approved by the Fire Chief as set forth in subsection 501.5 of the International Fire Code, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." (d) Modification to Chapter 10: 1. Add a new subsection 10.1.3.1 to read as follows: "10.1.3.1 A letter certifying that all pressure restricting and pressure reducing equipment is installed and set per NFPA requirements and manufacturer's instructions shall be presented to the inspector along with test certificates at the time of final inspection." (e) Modification to Annex A: 1. Renumber A.7.8.1.1 to A.7.8.1.4 to read as follows: "A.7.8.1.4 It is not the intent of this standard to provide an automatic water supply for manual standpipe systems. Manual standpipe systems are designed (sized) to provide 100 psi (6.9 bar) at the topmost outlet using a fire department pumper as the source of flow and pressure." (14) NFPA 15, 2012 Edition, Standard for Water Spray Fixed Systems for Fire Protection Modifications: None (15) NFPA 16, 2011 Edition, Standard for the Installation of Foam-Water Sprinkler and Foam-Water Spray Systems Modifications: None (16) NFPA 17, 2013 Edition, Standard for Dry Chemical Extinguishing Systems Modifications: (a) Modification to Chapter 1: 1. Delete Section 1.6 in its entirety and substitute in its place the following: "1.6* Qualifications. Only persons who are properly trained and licensed and/or permitted in accordance with Chapter 12 of Title 25 of the Official Code of Georgia Annotated, shall be considered competent to design, install, and service dry chemical systems." (b) Modification to Chapter 11: 1. Delete subsection 11.1.3 in its entirety and substitute in its place the following: "11.1.3 Only persons trained and trained and licensed and/or permitted in accordance with Chapter 12 of Title 25 of the Official Code of Georgia Annotated, shall be considered competent to design, install, and service dry chemical extinguishing systems, in accordance with this standard and the manufacturer's instructions." 2. Delete paragraph 11.1.3.1 in its entirety without substitution. 3. Delete subsection 11.1.4 in its entirety and substitute in its place the following: "11.1.4 * A service technician shall have the applicable manufacturer's design, installation, and maintenance manual and service bulletins to service the dry chemical fire-extinguishing system at intervals of no more than 6 months as outlined in 11.3." 4. Delete subparagraph 11.3.1.2.4 in its entirety and substitute in its place the following:

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"11.3.1.2.4 The label shall comply with the requirements of Chapter 120-3-23 Rules and Regulations of the Safety Fire Commissioner."
5. Delete subparagraph 11.3.1.2.7 in its entirety and substitute in its place the following: "11.3.1.2.7 The collar shall comply with the requirements of Chapter 120-3-23 Rules and Regulations of the Safety Fire Commissioner." 6. Delete paragraph 11.3.1.10 in its entirety and substitute in its place the following: "11.3.1.10 Each dry chemical system shall have the required tags or labels complying with the requirements of Chapter 120-3-23 Rules and Regulations of the Safety Fire Commissioner after each service has been conducted on the system. Only the current applicable tag or label shall remain on the system." (c) Modification to Chapter 11: 1. Delete subsection 11.4.2 in its entirety and substitute in its place the following: "11.4.2 Systems shall be recharged by persons who are properly trained and licensed under the requirements of Chapter 120-3-23, Rules and Regulations of the Safety Fire Commissioner, in accordance with the manufacturer's listed installation and maintenance manual." (17) NFPA 17A, 2013 Edition, Standard for Wet Chemical Extinguishing Systems Modifications: (a) Modification to Chapter 1: 1. Delete Section 1.7 in its entirety and substitute in its place the following: "1.7* Qualifications. Only persons who are properly trained and licensed and/or permitted in accordance with Chapter 12 of Title 25 of the Official Code of Georgia Annotated, shall be considered competent to design, install, and service wet chemical systems." (b) Modification to Chapter 7: 1. Delete subsection 7.3.1 in its entirety and substitute in its place the following: "7.3.1 A service technician who performs maintenance on an extinguishing system shall be trained and shall possess a licensed and/or permitted in accordance with Chapter 12 of Title 25 of the Official Code of Georgia Annotated." 2. Delete paragraph 7.3.1.1 in its entirety without substitution. 3. Delete subsection 7.4.2 in its entirety and substitute in its place the following: "7.3.2 * A service technician shall have the applicable manufacturer's design, installation, and maintenance manual and service bulletins to service the wet chemical fire-extinguishing system at intervals of no more than 6 months as outlined in 7.3.3." 4. Delete subparagraph 7.3.3.6.1 in its entirety and substitute in its place the following: "7.3.3.6.1 The owner or owner's representative shall retain all maintenance reports for a period of 3 years after the next maintenance of that type required by the standard." 5. Delete paragraph 7.3.3.7 in its entirety and substitute in its place the following: "7.3.3.7* Each wet chemical system shall have a tag or label securely attached, complying with the requirements of Chapter 120-3-23 Rules and Regulations of the Safety Fire Commissioner. Only the current tag or label shall remain in place."

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6. Add a new paragraph 7.5.2.4 to read as follows: "7.5.2.4 Each stored pressure system agent cylinder that has undergone maintenance or hydrostatic testing that includes internal examination, or that has been recharged shall have 'Verification of Service' collar located around the neck of the cylinder. The collar shall contain a single circular piece of uninterrupted material forming a hole of a size that will not permit the collar assembly to move over the neck of the cylinder unless the valve is completely removed. The collar shall not interfere with the operation and actuation of the system cylinder. The 'Verification of Service' collar shall comply with the requirements of NFPA 10, Standard for Portable Fire Extinguishers, as adopted by Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner. 7.5.2.4.1 The provisions of 7.5.2.4 do not apply to stored pressure system cylinders undergoing maintenance before March 1, 2002. 7.5.2.4.2 Non-stored pressure cylinders such as cartridge cylinders for cartridge-operated systems do not require a 'Verification of Service' collar for the cartridge." (18) NFPA 18, 2011 Edition, Standard on Wetting Agents Modifications: None (19) NFPA 18A, 2011 Edition, Standard on Water Additives for Fire Control and Vapor Mitigation Modifications: None (20) NFPA 20, 2013 Edition, Standard for the Installation of Stationary Pumps for Fire Protection Modifications: (a) Modification to Chapter 4: 1. Add new paragraphs 4.6.2.3.1 and 4.6.2.3.2 to read as follows: "4.6.2.3.1 At 150% rated capacity or below, the pump suction supply shall not drop below 20 psi (1.38 bar). 4.6.2.3.2 Suction supply pressure may be lowered upon approval of the authority having jurisdiction." (21) NFPA 22, 2013 Edition, Standard for Water Tanks for Private Fire Protection Modifications: None (22) NFPA 24, 2013 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances Modifications: (a) Modifications to Chapter 4: 1. Delete 4.1.3 (10) in its entirety and substitute in its place the following: "(10) Size, location, and piping arrangement of fire department connections as approved by the local Fire Chief having jurisdiction as set forth in 501.5 of the International Fire Code, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner."

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(b) Modifications to Chapter 13: 1. Delete Section 13.1 in its entirety and substitute in its place the following: "13.1* Private Service Mains. 13.1.1 No pipe smaller than a nominal 8 inches (203 mm) in diameter shall be used to supply more than one hydrant or one hydrant on dead end mains over 500 feet (152 m). 13.1.2 No pipe smaller than a nominal 8 inches (203 mm) in diameter shall be used to supply one hydrant and automatic extinguishing systems. 13.1.3 No pipe smaller than a nominal 8 inches (203 mm) in diameter shall be used to supply more than one hydrant and automatic extinguishing systems on looped mains over 1,000 feet (305 m)." 2. Delete annex A13.1 in its entirety and substitute in its place the following: "A.13.1 Pipe sizing should be based upon good engineering practices based on the projected water demand, firefighting capabilities and water supply characteristics. Pipe sizes other than those specified in 13.1 may be acceptable in new or existing installations with the written approval of the authority having jurisdiction." (23) NFPA 25, 2011 Edition, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems Modifications: (a) Modifications to Chapter 4: 1. Insert a new 4.3.1.1 to read as follows: "4.3.1.1 On non-compliant or impaired systems, a copy of the inspection report shall be forwarded to the authority having jurisdiction by the owner and/or the occupant." 2. Delete 4.3.3* in its entirety and substitute in its place the following: "4.3.3* Records shall be maintained by the property owner for a period of at least three years." 3. Revise 4.3.5 by replacing the 1 year retention of subsequent records to 3 years." 4. Add a new subsection 4.3.6 to read as follows: "4.3.6 Tagging. 4.3.6.1 Inspection Tag. (a) After inspection and testing, an Inspection Tag shall be completed indicating all work that has been done, and then attached to the system in such a position as to permit convenient inspection and not hamper its activation or operation. A new Inspection Tag shall be attached to each system each time an inspection and test service is performed. (b) Inspection Tags must be GREEN in color having a minimum dimension of 133 mm (5 1/4 inches) in height and 67 mm (2 5/8 inches) in width. (c) Inspection tags shall bear the following information in an easily read format:
1. 'DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL.' This particular information shall be in a minimum of 10pt type and in all capital letters. 2. The licensed Fire Sprinkler Contractor's name and physical address; 3. The license number of the Fire Sprinkler Contractor; 4. The license number of the fire sprinkler inspector;

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5. The licensed fire sprinkler inspector's signature; 6. The day, month and year (to be punched); 7. The facility name and address. (d) Inspection Tags may be printed and established for any period of time. After each printing, a minimum of three sample tags must be forwarded to the State Fire Marshal's office. (e) An Inspection Tag shall only be removed by an authorized representative of a licensed fire sprinkler contractor. (f) Should impairments or noncompliance items be found, the licensed inspector shall notify the building owner or his representative and the authority having jurisdiction in writing of all noncompliance items and/or impairments found. A fire sprinkler system compliance Inspection Tag shall not be installed on each system until the impairments or noncompliance items have been corrected and each system has been re-inspected and found to be in a state of operational readiness. 4.3.6.2 Noncompliance Tag. (a) If a fire sprinkler system is found in noncompliance with the applicable NFPA standards, a completed Noncompliance Tag shall be attached to the main control valve of each system to indicate that corrective action is necessary. (b) Noncompliance Tags must be YELLOW in color having a minimum dimension of 133 mm (5 1/4 inches) in height and 67 mm (2 5/8 inches) in width. (c) Noncompliance Tags shall bear the following information in an easily read format: 1. 'DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL-SYSTEM NOT IN COMPLIANCE WITH NFPA STANDARDS.' This particular information shall be in a minimum of 10pt type and in all capital letters. 2. The licensed Fire Sprinkler Contractor's name and physical address; 3. The license number of the Fire Sprinkler Contractor; 4. The license number of the fire sprinkler inspector; 5. The licensed fire sprinkler inspector's signature; 6. The day, month and year (to be punched); 7. The noncompliance issue(s); 8. The facility name and address. (d) Noncompliance Tags may be printed and established for any period of time. After each printing, a minimum of three sample tags must be forwarded to the State Fire Marshal's office. (e) The signature of the licensee on a Noncompliance Tag certifies the impairments listed on the label cause the system to be out of compliance with NFPA standards. (f) A Noncompliance Tag shall only be removed by an authorized representative of a licensed fire sprinkler contractor upon re-inspection of the fire sprinkler system. (g) A letter of noncompliance conditions shall be sent to the building owner or authorized representative within five working days of the date of the inspection.

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4.3.6.3 Impairment Tag. (a) Should impairments constitute an emergency impairment as defined in this standard, then the inspector shall complete and attach an Impairment Tag to the main control valve of each system and the fire department connection to indicate that corrective action is necessary. (b) Impairment Tags must be RED in color having a minimum dimension of 133 mm (5 1/4 inches) in height and 67 mm (2 5/8 inches) in width. (c) Impairment Tags shall bear the following information in an easily read format:
1. 'DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL.' This particular information shall be in a minimum of 10pt type and in all capital letters. 2. The licensed Fire Sprinkler Contractor's name and physical address; 3. The license number of the Fire Sprinkler Contractor; 4. The license number of the fire sprinkler inspector; 5. The licensed fire sprinkler inspector's signature; 6. The day, month and year (to be punched); 7. The emergency impairment(s); 8. The facility name and address. (d) Impairment Tags may be printed and established for any period of time. After each printing, a minimum of three sample tags must be forwarded to the State Fire Marshal's office. (e) The signature of the licensee on an Impairment Tag certifies the impairments listed on the label cause the system to be out of compliance with NFPA standards. (f) An Impairment Tag shall only be removed by an authorized representative of a licensed fire sprinkler contractor upon re-inspection of the fire sprinkler system. (g) A letter of emergency impairment conditions shall be sent to the building owner or authorized representative and to the occupant within 24 hours of the time of the inspection. The building owner and/or occupant shall notify the authority having jurisdiction within 24 hours of the time of the impairment notification." (b) Modifications to Chapter 6: 1. Add a new 6.1.1.1.1 to read as follows: "6.1.1.1.1 In new and existing buildings, the requirements for hose for occupant use are eliminated, subject to the approval of the authority having jurisdiction." (24) NFPA 30, Flammable and Combustible Liquids Code Modifications: (a) Refer to Chapter 120-3-11, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications. (25) NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages Modifications: (a) Refer to Chapter 120-3-11, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

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(26) NFPA 30B, Code for the Manufacture and Storage of Aerosol Products Modifications: (a) Refer to Chapter 120-3-11, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications. (27) NFPA 31, Standard for the Installation of Oil-Burning Equipment Modifications: (a) Refer to Chapter 120-3-11, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications. (28) NFPA 32, Standard for Drycleaning Plants Modifications: (a) Refer to Chapter 120-3-11, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications. (29) NFPA 33, Standard for Spray Application Using Flammable or Combustible Materials Modifications: (a) Refer to Chapter 120-3-11, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications. (30) NFPA 34, Standard for Dipping and Coating Processes Using Flammable or Combustible Liquids Modifications: (a) Refer to Chapter 120-3-11, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications. (31) NFPA 35, Standard for the Manufacture of Organic Coatings Modifications: (a) Refer to Chapter 120-3-11, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications. (32) NFPA 36, Standard for Solvent Extraction Plants Modifications: (a) Refer to Chapter 120-3-11, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications. (33) NFPA 37, Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines Modifications: (a) Refer to Chapter 120-3-11, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications. (34) NFPA 40, 2011 Edition, Standard for the Storage and Handling of Cellulose Nitrate Film Modifications: None

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(35) NFPA 45, 2011 Edition, Standard on Fire Protection for Laboratories Using Chemicals
Modifications: (a) Modification to Chapter 11: 1. Delete paragraph 11.2.3.4 in its entirety and substitute in its place the following: "11.2.3.4 Emergency shutoff valves for laboratories. In addition to point of use manual shutoff valves required by 11.2.3, each laboratory space containing two or more gas outlets installed on tables, benches, or in hoods in business, educational, healthcare, research, commercial, and industrial occupancies shall have a single valve through which all such gas outlets are supplied. This emergency shutoff valve shall be accessible, located within the laboratory or adjacent to the laboratory's primary egress door, and clearly identified by approved signage stating at the least, 'GAS SHUTOFF'." (36) NFPA 51, Standard for the Design and Installation of Oxygen-Fuel Gas Systems for Welding, Cutting, and Allied Processes Modifications: (a) Refer to Chapter 120-3-13, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications. (37) NFPA 51A, Standard for Acetylene Cylinder Charging Plants Modifications: (a) Refer to Chapter 120-3-13, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modification. 38) NFPA 51B, Standard for Fire Prevention During Welding, Cutting, and Other Hot Work Modifications: (a) Refer to Chapter 120-3-13, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications. (39) NFPA 52, - Gaseous Vehicular Fuel Systems Code Modifications: (a) Refer to Chapter 120-3-14, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications. (40) NFPA 53, 2011 Edition, Materials, Equipment, and Systems Used in Oxygen-Enriched Atmospheres Modifications: (a) Modifications to Chapter 1: 1. Add a new subsection 1-3.1 to read as follows: "1-3.1 This document is recognized strictly as a recommended practice that may be used in evaluating fire hazards in oxygen-enriched atmospheres. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone code or standard, however, it may be used in conjunction with and in the support of the applicable provisions of other adopted codes or standards."

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(41) NFPA 54, National Fuel Gas Code Modifications: (a) Refer to Chapter 120-3-14, Rules and Regulations of the Safety Fire Commissioner, and Chapter 120-3-16, Rules and Regulations of the Safety Fire Commissioner, for the adopted edition and any modifications. (42) NFPA 55 2013 Edition, Compressed Gases and Cryogenic Code Modifications: None (43) NFPA 56, 2012 Edition, Standard for Fire and Explosion Prevention During Cleaning and Purging of Flammable Gas Piping Systems Modifications: None (44) NFPA 58, Liquefied Petroleum Gas Code Modifications: (a) Refer to Chapter 120-3-16, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications. (45) NFPA 59, Utility LP-Gas Plant Code Modifications: (a) Refer to Chapter 120-3-16, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications. (46) NFPA 59A Standard for the Production, Storage, and Handling of Liquefied Natural Gas (LNG) Modifications: (a) Refer to Chapter 120-3-16, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications. (47) NFPA 61, Standard for the Prevention of Fires and Dust Explosions in Agricultural and Food Processing Facilities Modifications: (a) Refer to Chapter 120-3-24, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications. (48) NFPA 68, Guide for Explosion Protection by Deflagration Venting Modifications: (a) Refer to Chapter 120-3-24, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications. (49) NFPA 69, 2008 Edition, Standard on Explosion Prevention Systems Modifications: None (50) NFPA 70, 2011 Edition, National Electrical Code Modifications: (a) Modifications to Article 110, I: 1. Add a new section 110.25 to read as follows: "110.25 Relocatable Power Tap's (RPT's. Relocatable power taps (RPT's) shall comply with the provisions of 605.4.2 of the International Fire Code (IFC) as adopted by this Chapter."

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(51) NFPA 70B, 2013 Edition, Electrical Equipment Maintenance Modifications: (a) Modifications to Chapter 1: 1. Add a new subsection 1.1.3 to read as follows: "1.1.3 This document is recognized strictly as a recommended practice that may be used in evaluating the effectiveness of electrical equipment within its scope. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards." (52) NFPA 70E, 2012 Edition, Standard for Electrical Safety Requirements for Employee Workplaces Modifications: (a) Modifications to Introduction: 1. Delete subsection I-1.1 in its entirety and substitute in its place the following: "I-1.1 This standard addresses those electrical safety requirements for employee workplaces that are necessary for practical safeguarding of employees in their pursuit of gainful employment. This document is recognized strictly as a recommended practice that may be used in evaluating electrical safety requirements for employee workplaces. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards. This standard covers: (a) Electrical conductors and equipment installed within or on buildings or other structures, including mobile homes and recreational vehicles, and other premises such as yards, carnival, parking and other lots, and industrial substations. (b) Conductors that connect the installations to a supply of electricity. (c) Other outside conductors on the premises." (53) NFPA 72, 2013 Edition, National Fire Alarm and Signaling Code Modifications: (a) Modification to Chapter 1: 1. Delete Section 1.1.1 in its entirety and substitute in its place the following: "1.1.1 Scope. This Code covers the application, installation, location, performance, inspection, testing, and maintenance of fire alarm systems, supervising station alarm systems, public emergency alarm reporting systems, fire warning and emergency communications systems (ECS), and their components, whether such system or component is required or not. 1.1.1.1 Where the requirements of this Code have technical differences and requirements from those established, as applicable, by Chapter 120-3-20 or 120-3-20A, of the Safety Fire Commissioner's Rules and Regulations for Accessibility to Buildings and Facilities, the technical provisions and requirements of Chapter 120-3-20 and 120-3-20A shall take precedence over the requirements of this Code where applicable."

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(b) Modifications to Chapter 7: 1. Add a new paragraph (5) to 7.5.3 to read as follows: "For software-based systems, all access codes and passwords to grant access to the software by authorized personnel." (c) Modifications to Chapter 10: 1. Add a new Exception No. 2 to subsection 10.4.4 to read as follows: "Exception No. 2: Existing building installations acceptable to the authority having jurisdiction." (d) Modifications to Chapter 17: 1. Add a new subparagraph 17.7.3.1.5 to read as follows: "17.7.3.1.5 Alternate locations of smoke detectors as allowed by the International Fire Code, or where applicable, the Life Safety Code, and acceptable to the authority having jurisdiction, may be utilized and may be considered to be in compliance with this Code." (e) Modification to Annex A: 1. Delete A.18.4.4.2 in its entirety and substitute in its place the following: "A.18.4.4.2 For example, in critical care patient areas, it is often desirable to not have an audible fire alarm even at reduced private mode levels. Another example would be classrooms for small children in day care or educational occupancies, where verbal communication is vital between caregivers or teachers and children during drills or during an actual fire or other emergency condition. Audible alarms often frighten small children and valuable time may be lost while trying to calm such children. Also, audible alarms at or near locations, where clear communications is required, may present a problem. A school office or a receptionist desk common to various occupancies are examples. An additional example of where an audible fire alarm could be a problem would be high noise level work areas where an audible signal needed to overcome background noise at one time of the day would be excessively loud and potentially dangerous at another time of lower ambient noise. A sudden increase of more than 30 dB over 0.5 seconds is considered to cause sudden and potentially dangerous fright. Each case requires individual consideration by the authority having jurisdiction." (54) NFPA 75, 2013 Edition, Standard for the Protection of Electronic Computer/Data Processing Equipment Modifications: None (55) NFPA 76, 2012 Edition, Standard for Fire Protection of Telecommunications Facilities Modifications: None (56) NFPA 77, 2007 Edition, Recommended Practice on Static Electricity Modifications: (a) Modifications to Chapter 1: 1. Add a new subsection 1.1.9 to read as follows: "1.1.9 This document is recognized strictly as a recommended practice that may be used in evaluating systems or devices installed for the purposes of safeguarding life and/or

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property against the hazards of static electricity. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards."
(57) NFPA 79, 2012 Edition, Electrical Standard for Industrial Machinery Modifications: (a) Modifications to Chapter 1: 1. Add a new subsection 1.1.3 to read as follows: "1.1.3 This document is recognized strictly as a recommended practice that may be used in evaluating electrical/electronic equipment, apparatus, or systems of industrial machines within its scope. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards. This standard is not meant to add any requirements not found in the NEC, nor change the intent of the requirements found in the NEC. If any conflict occurs between this standards and the NEC, the NEC shall control." (58) NFPA 80, 2013 Edition, Standard for Fire Doors and Other Opening Protectives Modifications: None (59) NFPA 80A, 2012 Edition, Protection of Buildings from Exterior Fire Exposures Modifications: (a) Modifications to Chapter 1: 1. Add a new subsection 1.1.1 to read as follows: "1.1.1 This document is recognized strictly as a recommended practice that may be used in evaluating the exterior fire exposure risks of buildings. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards." (60) NFPA 82, 2009 Edition, Standard on Incinerators and Waste and Linen Handling Systems and Equipment Modifications: None (61) NFPA 85, 2011 Edition, Boiler and Combustion Systems Hazards Code Modifications: None (62) NFPA 86, 2011 Edition, Standard for Ovens and Furnaces Modifications: None (63) NFPA 87, 2011 Edition, Standard for Fluid Heaters Modifications: None (64) NFPA 88A, 2011 Edition, Standard for Parking Structures Modifications: None

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(65) NFPA 90A, 2012 Edition, Standard for the Installation of Air-Conditioning and Ventilating Systems
Modifications: None NOTE: The International Mechanical Code, as adopted by the Georgia Department of Community Affairs (DCA), shall be the applicable code replacing 90A with the exception of its application to Hospitals, hospices, ambulatory surgical centers, nursing homes, assisted living homes or other health care type facilities that are regulated by the federal Centers for Medicare and Medicaid Services (CMS) shall comply with the fire and life safety rules and regulations imposed by that agency even though codes and standards adopted by that agency may not be specifically included herein. The codes and standards adopted and modified herein shall also apply where applicable and shall be deemed to be the minimum state fire and life safety standards where they are at least as protective as the CMS rules and regulations. (Refer to Table 102.13, CODES REFERENCE GUIDE in the International Fire Code adopted by this Chapter 120-3-3.)
(66) NFPA 90B, 2012 Edition, Standard for the Installation of Warm Air Heating and Air-Conditioning Systems
Modifications: None NOTE: The International Mechanical Code, as adopted by the Georgia Department of Community Affairs (DCA), shall be the applicable code replacing 90B with the exception of its application to Hospitals, hospices, ambulatory surgical centers, nursing homes, assisted living communities or other health care type facilities that are regulated by the federal Centers for Medicare and Medicaid Services (CMS) shall comply with the fire and life safety rules and regulations imposed by that agency even though codes and standards adopted by that agency may not be specifically included herein. The codes and standards adopted and modified herein shall also apply where applicable and shall be deemed to be the minimum state fire and life safety standards where they are at least as protective as the CMS rules and regulations. (Refer to Table 102.13, CODES REFERENCE GUIDE in the International Fire Code adopted by this Chapter 120-3-3.)
(67) NFPA 91, 2010 Edition, Standard for Exhaust Systems for Air Conveying of Vapors, Gases, Mists, and Noncombustible Particulate Solids
Modifications: None (68) NFPA 92, 2012 Edition, Standard for Smoke Control Systems Modifications: None [Note: Also see 909.2.1 (1) of the International Fire Code] (69) NFPA 96, 2011 Edition, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations Modifications: (a) Modification to Chapter 1: 1. Delete subsection 1.1.3 in its entirety and substitute in its place the following: "1.1.3 This standard shall apply to all commercial cooking equipment used for commercial cooking operations."

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2. Delete subsection 1.1.4 in its entirety and substitute in its place the following: "1.1.4 This standard shall not apply to residential cooking equipment located in a single dwelling unit or to cooking equipment in facilities where all of the following are met: (1) Only residential cooking equipment such as: stoves, ranges or cooking surfaces traditionally used in dwelling units are being utilized. (2) The defined residential cooking equipment contains a maximum of four standard surface cooking elements and is not used for frying operations. (3) The defined residential equipment is used for food warming, limited cooking, rehabilitation training or in a home economic education classroom setup. (4) The residential cooking equipment is protected by a listed self-contained residential fire suppression system located in an approved residential hood which is vented directly to the outside and providing protection to each cooking surface The self-contained fire suppression system for the defined residential cooking equipment need not be provided where protection is provided by an approved automatic sprinkler system protecting the cooking surface, subject to approval of the authority having jurisdiction. The self-contained residential fire suppression system shall automatically disconnect electric power to electric stoves, and shut off the gas supply and electric power to gas fueled stoves, provided, however, this provision shall not be retroactive for installations approved prior to the effective adoption date of this standard. (5) The facility is not an assembly occupancy, provided, this shall not apply to church facilities with a single residential stove or range complying with (2) above. (6) Fire Extinguishers are located in all kitchen areas in accordance with NFPA 10, Standard for Portable Fire Extinguishers, and this Code, as adopted with modifications." 1. Add a new subsection 1.1.5 to read as follows: "1.1.5 This standard, except for operational and maintenance provisions, shall not apply for conditions existing prior to March 9, 2010, subject to the approval of the authority having jurisdiction, and where a notarized statement that no frying operations will be performed is provided. This approval shall be void for cause when the authority having jurisdiction finds cooking operations involve frying operations. (See also 1.4.1)" (a) Modification to Chapter 4: 1. Add a new subparagraph 4.1.9.1 to read as follows: "4.1.9.1 Subject to the approval of the authority having jurisdiction, as set forth in 1.3.2, and after an evaluation of the location and conditions where cooking operations are planned to be performed, a fixed fire suppression system may not be required in mobile or temporary concessions, such as trucks, buses, trailers, pavilions, or any form of roofed enclosure. The evaluation shall include consideration of the provisions of Chapter 31, TENTS AND OTHER MEMBRANE STRUCTURES in the International Fire Code, and provisions of Section 11.11 of NFPA 101 Life Safety Code, both as adopted by the Safety Fire Commissioner." (See modifications to the International Fire Code for Chapter 31, in Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner."

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(b) Modification to Chapter 10: 1. Add a new subsection 10.2.3.1.1 to read as follows: "10.2.3.1* Existing non-UL 300 systems (dry or wet chemical) installed prior to 1998, and which are otherwise in compliance with the manufacturer's listing, shall be red tagged as non-UL 300 compliant, and must be replaced with a UL 300 compliant system when any of the following apply: a. Appliance arrangement has been modified, or the hazard has been modified to create a higher risk since the initial system installation. b. The system is discharged. c. The system is due a six-year maintenance or is due a hydro-testing. d. If listed manufacturer's replacement parts or the required extinguishing agent are needed but are not available." 2. Delete subsection 10.2.6 in its entirety and substitute in its place the following: "10.2.6 Automatic fire extinguishing systems shall be installed by competent personnel meeting Chapter 120-3-23, Rules and Regulations of the Safety Fire Commissioner, licensing and permit requirements. In addition, such systems shall be installed in accordance with the terms of their listing, the manufacturer's instructions, and the following applicable standard(s): (1) NFPA 12, Standard on Carbon Dioxide Extinguishing Systems (2) NFPA 13, Standard for the Installation of Sprinkler Systems (3) NFPA 17, Standard for Dry Chemical Extinguishing Systems (4) NFPA 17A, Standard for Wet Chemical Extinguishing Systems" 3. Delete paragraph 10.10.1 in its entirety and substitute in its place the following: "10.10.1 Portable fire extinguishers for commercial cooking appliances. Portable fire extinguishers shall be installed in kitchens or other commercial cooking areas in accordance with NFPA 10 and NFPA 96, as adopted by this Chapter 120-3-3 of the Rules and Regulations of the Georgia Safety Fire Commissioner. Class K portable fire extinguishers and the required operation sequence signage required by NFPA 10, shall be located between 5 feet and 10 feet from the manual release device(s) of the kitchen exhaust hood fire suppression system(s). 4. Delete Section 13.2 in its entirety and substitute in its place the following: "13.2 Design Restrictions. All recirculating systems shall comply with the requirements of Section 13.2. Recirculating systems shall be limited to outdoor vending areas or rooms that are fully sprinklered." (70) NFPA 99, 2012 Edition, Standard for Health Care Facilities Modifications: None NOTE: Hospitals, hospices, ambulatory surgical centers, nursing homes, or other health care type facilities that are regulated by the federal Centers for Medicare and Medicaid Services (CMS) shall comply with the fire and life safety rules and regulations imposed by that agency even though codes and standards adopted by that agency may not be specifically included herein. The codes and standards adopted and modified herein shall also apply

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where applicable and shall be deemed to be the minimum state fire and life safety standards where they are at least as protective as the CMS rules and regulations. (Refer to 120-3-3-.03 of Chapter 120-3-3-.03 of the Rules and Regulations of the Safety Fire Commissioner for definitions of "assisted living communities" and "memory care units. Such facilities are regulated, as appropriate by Chapters 34 or 35 of the Life Safety Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner.)
(71) NFPA 99B, 2010 Edition, Standard for Hypobaric Facilities Modifications: None (72) NFPA 101, 2012 Edition, Life Safety Code Modifications: The 2012 Edition of the Life Safety Code is adopted with modifications so as to be applicable to proposed (new) and existing buildings and structures. Unless noted otherwise herein, operational provisions such as fire drills, emergency egress and relocation drills, development of fire or emergency plans, and regulation of decorations and contents of building and structures of the various provisions of NFPA 101, Life Safety Code shall not be applicable to proposed (new) or existing buildings, structures, facilities, or conditions. The operational provisions of the International Fire Code (IFC), as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner shall apply to proposed (new) and existing buildings, structures, facilities, and conditions, unless such provisions are less protective than or are in conflict with the rules and regulations of the Centers for Medicare and Medicaid Services (CMS) as they apply to health care related occupancies. (a) Modifications to Chapter 1: 1. Delete paragraph (1) of subsection 1.1.6 in its entirety and substitute in its place the following: "(1) General fire prevention or building construction features are normally a function of fire prevention codes and building codes. The International Fire Code (IFC), as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner, and the International Building Code (IBC), as adopted by the Georgia Department of Community Affairs, are applicable, and their use along with other codes and standards shall be coordinated with this Code, as set forth in 1.4.4 and Table 1.4.4, CODES REFERENCE GUIDE 2. Add a new subsection 1.4.4 to read as follows: "1.4.4 Code Coordination. This Code shall apply to all proposed (new) and existing buildings, structures and facilities, except as herein provided, and shall be utilized in conjunction with the IBC, the IFC, the IMC, and the IFGC, to the degree provided in Table 1.4.4 CODES REFERENCE GUIDE. 1.4.4.1 This Code does not apply to one- and two-family dwellings or one- and two-family row houses (townhouses) separated by a 2-hour firewall, except as specified in Chapters 26, 30 and 31."

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Table 1.4.4 CODES REFERENCE GUIDE

Area

Primary

Occupancy Classification Building Construction Types including allowable height, allowable building areas, and the requirements for sprinkler protection related to minimum building construction types. Means of Egress Standpipes Interior Finish HVAC Systems Vertical Openings Sprinkler Systems minimum construction standard Fire Alarm Systems Smoke Alarms and Smoke Detection Systems
Portable Fire Extinguishers Cooking Equipment
Fuel Fired Appliances Liquid Petroleum Gas Compressed Natural Gas

LSC
IBC
LSC IBC LSC IMC LSC LSC
LSC State Statute
and LSC IFC
LSC and NFPA 96
IFGC NFPA 58 NFPA 52

Supplement
IBC
LSC
NONE IFC
NONE NONE NONE NONE
NONE NONE
NONE NONE
NFPA 54 NFPA 54
NONE

(b) Modification to Chapter 3: [Note: Refer to 120-3-3-.03 of Chapter 120-3-3-3 of the Rules and Regulations of the Safety Fire Commissioner for modified or special definitions that apply to this Code, unless otherwise advised by the various chapters of this Code.]

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(c) Modification to Chapter 4: 1. Delete Section 4.7 in its entirety (4.7.1 through 4.8.2.3) and substitute in its place the following: "SECTION 4.7 Fire Safety and Evacuation Plans and Emergency Evacuation Drills. 4.7.1 Fire Safety and Evacuation Plans. Fire safety and evacuation plans shall be developed, made available, and maintained in various occupancies as required by Sections 404 and 408 of the IFC, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. 4.7.1.1 Resources for Development of Fire Safety and Evacuation Plans. The provisions of A.4.7, A.4.7.2, A.4.7.4, A.4.7.6, A.4.8.2.1, and Table A.4.8.2.1(3), and as applicable, A.12.7.6, A.7.7, A.12.7.7.3, A.13.7.6, A.13.7.7, A.14.7.2.1, A.15.7.2.1, A.16.7.1, A.16.7.2.1, A.17.7.1, A.18.7, A.18.7.2.1, A.19.7, A.19.7.2.1, A.20.7, A.20.7.2.1, A.21.7, A.21.7.2.1, A.22.7.1.3, A.23.7.1.3, A.28.7.1.1, and A.29.7.1.1 of this Code shall be deemed acceptable resources for use in the development of fire safety and evacuation plans required by the IFC, as set forth by the provisions of 4.7.1of this Code. 4.7.2 Emergency Evacuation Drills. Emergency evacuation drills shall be conducted in various occupancies as required by Sections 405 and 408 of the IFC, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. 4.7.3 Employee Training and Response Procedures. Employees in various occupancies shall be trained in fire emergency procedures and evacuation procedures as required by Sections 406 and 408 of the IFC, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." (d) Modifications to Chapter 6: 1. Delete 6.1.14.4.1 in its entirety and substitute in its place the following: "6.1.14.4.1 Where separated occupancies are provided, each part of the building comprising a distinct occupancy as described in this chapter, shall be completely separated from other occupancies by fire resistive assemblies as specified in 6.1.14.4.2, 6.1.14.4.3, and in Section 508 of the International Building Code, adopted by the Georgia Department of Community Affairs, as applicable to "separated occupancies", unless separation is provided by approved existing separations." (e) Modifications to Chapter 7: 1. Add a new item (8) to subparagraph 7.2.1.4.1 to read as follows: "(8) For conditions or circumstances not covered herein, vertical fire shutters, roll down fire doors, or similar assemblies shall not be installed in means of egress, except where expressly permitted due to special hazards or circumstances by other chapters of this Code, or by approval of the Office of the State Fire Marshal for buildings coming under O.C.G.A. 25-2-13, or by the fire authority having jurisdiction over other buildings." 2. Add a new subparagraph 7.2.1.8.2.1 to read as follows: "7.2.1.8.2.1 Where fire doors are used within the means of egress, they shall comply with the applicable provisions of 7.2.1. Spring loaded hinges or spring operated self-closing

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devices not listed for use with rated fire door assemblies are prohibited for use as closing

devices for fire rated doors.

7.2.1.8.2.1.1 Existing applications utilizing spring loaded hinges in existing buildings may

be continued in use where acceptable to the authority having jurisdiction.

7.2.1.8.2.1.2 Spring loaded hinges or spring operated self-closing devices shall not be

permitted for use on fire-rated smoke doors, provided, however, spring loaded hinges may

be used on non-rated doors designed and installed to resist the passage of smoke, unless

otherwise specified in Chapters 11 through 43.

7.2.1.8.2.1.3 Existing installations in existing buildings of spring loaded hinges on

fire-rated smoke doors may be continued in use where acceptable to the authority having

jurisdiction."

3. Add a new subparagraph 7.2.3.10.3 to read as follows:

"7.2.3.10.3 Deactivation of Mechanical Pressurization Systems. The design of

pressurization systems shall ensure that smoke is not introduced into the pressurized

enclosure so as to result in the untenable contamination of the fresh air. Approved smoke

detectors shall be installed at each intake in such approved manner that the operation of the

fan providing mechanical pressurization to the enclosure where smoke is detected shall be

deactivated upon detection of smoke."

4. Add a new paragraph 7.3.1.2.1 to read as follows:

"7.3.1.2.1 Where substantial evidence and documentation is provided, the authority having

jurisdiction may decrease the occupant load for some occupancy use areas. The determined

occupant load capacity shall be posted at an obvious location indicating the total occupant

load capacity."

5. Add to Table 7.3.1.2 entitled "Occupant Load Factor" the additional use areas to read

as follows:

"Locker Rooms

15

(1.4)

Free Weight Rooms 20

(1.9)

Running Tracks

50

(4.7)

Art Museums

30

(2.8)

Pool Halls

75

(6.9)

Multi-Purpose room

7

(0.65)

Airport terminals:

Concourse

100

(9.3)

Waiting area

15

(1.4)

Baggage Claim

20

(1.9)

Baggage Handling 300

(27.9)"

6. Add a new subparagraph 7.4.1.1.1 to read as follows:

"7.4.1.1.1 Egress stairways from mezzanines shall conform to the requirements of

Chapter 7 of this Code. They may be open to the floor of the room in which they are located

provided all of the following conditions are met:

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(1) The space beneath the mezzanine is totally open and unencumbered by partitioned rooms or spaces. The space beneath the mezzanine may be enclosed provided the enclosed space is protected throughout with a smoke detection system installed in accordance with NFPA 72, National Fire Alarm and Signaling Code, which sounds an alarm in the mezzanine. (2) The travel distance from the most remote point on the floor of the mezzanine to the building exit or to a protected egress corridor, exit court, horizontal passageway, enclosed stair, or exterior exit balcony does not exceed the travel distance limitations of Chapters 11 through 42. (3) The occupant load of the mezzanine is added to the occupant load of the story or room in which it is located for the purposes of determining the minimum egress requirements. (4) The mezzanine in not occupied for sleeping purposes unless there are exterior windows accessible to the mezzanine and located not more than two stories above grade." 7. Add a new paragraph 7.7.1.5 to subsection 7.7.1 to read as follows: "7.7.1.5 Where the exit discharge termination cannot be at a public way, or the authority having jurisdiction determines it to be a significant hardship to provide the termination at a public way, the authority having jurisdiction may approve the exit discharge termination to be a safe dispersal area that complies with the following: (1) The area shall be of an area that accommodates at the least 5 square feet (0.46 m2) for each person calculated to be served by the exit(s) for which the dispersal area is provided. (2) The dispersal area shall be located on the same lot at least 50 feet (15240 mm) away from the building requiring egress. A greater distance may be required by the authority having jurisdiction based on the evaluated fire severity or other risk from the building requiring egress.) (3) The area shall be clearly identified and permanently maintained as a safe dispersal area. (4) The area shall be provided with a clearly identified and unobstructed exit discharge route, and comply with the applicable provisions of 7.1.6 of this Code. (5) The exit discharge route and the dispersal area shall be illuminated by normal and emergency lighting, where the building requiring egress is occupied during periods of darkness." 8. Add a new subsection 7.7.7 to read as follows: "7.7.7 Discharge from exits into fenced or walled courtyards or yards. 7.7.7.1 For occupancies covered by Chapters 14, 15, 16, 17, 32 and 33, exits shall be permitted to discharge into fenced or walled courtyards or yards, provided the courtyard or yard is provided with a gate at least 32 inches (0.81 m) in clear width. Where the population served exceeds 50, two gates shall be provided. There shall be adequate exit capacity provided for the population served. The requirements of 7.4.1.2 shall apply. Gates are permitted to be locked if adequate provisions are made for the rapid removal of occupants by means such as remote control of locks, keying of all locks to keys carried by staff at all

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COUNTY HOME RULE ORDINANCES

times, or other such reliable means available to the staff at all times that is approved by the authority having jurisdiction. Only one locking device shall be permitted on each gate.
7.7.7.2 The provisions of 7.7.7.1 shall not be construed as prohibiting the use of fenced or walled courtyards as components of the discharge of exits as set forth in Chapters 22 and 23.
7.7.7.3 The provisions of 7.7.7.1 may be applied, as approved by the authority having jurisdiction, to an "Assisted Living Community" or "Memory Care Unit" as defined in 120-3-3-.03 of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner.
7.7.7.4 The provisions of various occupancy chapters dealing with a "lock-up", as defined in 3.3.164, shall not be construed as applying to the exit discharge provisions of 7.7.7.1, provided, however, exits from approved lock-ups may discharge into fenced or walled areas complying with the provisions of Chapter 22 or 23 as may be applicable, and as approved by the authority having jurisdiction."
(f) Modification to Chapter 8: 1. Delete paragraph 8.2.1.2* in its entirety and substitute in its place the following: "8.2.1.2* The International Building Code (IBC) as adopted by the Department of Community Affairs (DCA) shall be used to determine the requirements for the construction classification." 2. Add a new subparagraph 8.2.1.2.1 and Table 8.2.1.2.1 to read as follows: "8.2.1.2.1 Construction Conversion Table. The table noted herein provides a comparison of acceptable construction types as defined in NFPA Standard 220 and the International Building Code (IBC)."
Table 8.2.1.2.1 Conversion Table for the IBC and NFPA 220 Construction Types

NFP Type Type Type Type Type Type Type Type Type Type

AI

I

II

II

II III III IV

VV

220 (443) (332) (222) (111) (000) (211) (200) (2HH) (111) (000)

IBC --- IA IB IIA IIB IIIA IIIB IV

VA VB

3. Add a new to sub-paragraph 8.2.2.2.1 to read as follows: "8.2.2.2.1 Fire barriers/walls required for tenant separation by the IBC may terminate at exit access corridors with a lower fire rating including a non-rated smoke resistive barrier, if such barriers are allowed by the requirements for the protection rating of exit access corridors." 4. Add a new paragraph 8.3.1.2.1 to read follows: "8.3.1.2.1 2-hour fire barriers shall occur at the junction of new and existing construction when the existing construction does not meet the minimum requirements of the Code for existing facilities. Such barriers shall not be extended into the new construction."

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5. Add new paragraph 8.3.1.4 to read as follows: "8.3.1.4 All fire and/or smoke barriers or walls shall be effectively and permanently identified with signs or stenciling above a decorative ceiling and/or in concealed spaces with letters a minimum of 2 inches (51 mm) high on a contrasting background spaced a maximum of 12 feet (3.7 m) on center with a minimum of one per wall or barrier. The hourly rating shall be included on all rated barriers or walls. Wording shall be similar to the following: '(__) Hour Fire and Smoke Barrier-Protect All Openings. Where signs are utilized, they shall be designed and installed to resist peeling of detaching from the barrier." 8.3.1.4.1 Existing stenciling, acceptable to the authority having jurisdiction, shall be permitted to remain in use. Existing signs that are not peeling or detaching from the barrier shall be permitted to remain in use, subject to the approval of the authority having jurisdiction." 6. Add a new 8.3.3.13 to read as follows: "8.3.3.13 Tested and listed fire-rated glazing material installed in separately tested fire-rated frame assemblies not tested in a single unit with fire-rated glazing material may be permitted to be used subject to approval of the authority having jurisdiction in fire-rated barriers that are not part of an exit enclosure or enclosures around unsprinklered hazardous areas not containing flammable liquids or gases, combustible liquids, or other materials having the potential for rapid oxidation or explosion potential." 7. Delete 8.4.3.1 in its entirety and substitute in its place the following: "8.4.3.1 The use, handling and storage of flammable or combustible liquids, flammable gases, or other materials deemed hazardous to the safety of life shall be in accordance with the applicable provisions of the International Fire Code (IFC), as adopted by Chapter 120-3-3, of the Rules and Regulations of the Safety Fire Commissioner, or in accordance with the applicable codes or standards adopted by other Chapters of the Rules and Regulations of the Safety Fire Commissioner." (g) Modification to Chapter 9: 1. Delete 9.1.1 in its entirety and insert in its place the following: "9.1.1 Gas. Equipment using gas and related gas piping shall be in accordance with the International Fuel Gas Code (IFGC), NFPA 54, National Fuel Gas Code, or NFPA 58, Liquefied Petroleum Gas Code, as may be applicable and as adopted by the applicable Chapters of the Rules and Regulations of the Safety Fire Commissioner. (Refer to Table 1.4.4, CODES REFERENCE GUIDE. Existing installations, subject to approval of the authority having jurisdiction, shall be permitted to be continued in service." 2. Delete 9.2.1 in its entirety and substitute in its place the following: "9.2.1 Air Conditioning, Heating, Ventilating, Ductwork, and Related Equipment. Air conditioning, heating, ventilating ductwork, and related equipment shall be in accordance with the International Mechanical Code (IMC), as adopted by the Georgia Department of Community Affairs. (Refer to Table 1.4.4, CODES REFERENCE GUIDE)"

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3. Delete section 9.3 in its entirety and substitute in its place the following: "9.3.1* General. Smoke control systems, where required or permitted by Chapters 11 through 42, shall be designed, installed, tested, and maintained in conformance with Section 909 of the International Fire Code (IFC), as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." 4. Add a new subsection 9.3.2 to read as follows: "9.3.2 Detention, holding or processing cell(s) which are used for the containment of an individual for not more than two hours in a 12-hour period shall not be required to be provided with vent openings, smoke shafts, or an engineered smoke control system to provide ventilation provided each cell is monitored by closed circuit television or dedicated personnel located outside the holding area and which have visual supervision of the cell(s)." 5. Delete subsection 9.4.2.1 in its entirety and substitute in its place the following: "9.4.2.1 New elevators, escalators, dumbwaiters, and moving walks shall be installed in accordance with the requirements of ANSI/ASME A17.1, Safety Code for Elevators and Escalators. The elevator lobby of the designated floor and the alternate floor specified by Rule 211.3(a), and determined by the Fire Chief of the fire department having emergency response jurisdiction, shall be separated from the remainder of the building by 1-hour fire-rated construction. In buildings equipped with automatic sprinkler protection, smoke partitions in accordance with Section 8.2.4 may be used in lieu of 1-hour fire rated construction. Except health care occupancies as approved by the AHJ, openings in the elevator lobby shall be limited to those required for access to the elevators from exit access corridors or exits only. Elevator lobbies may be used as part of the means of egress from the building. Exception No. 1: Elevator lobbies are not required within an atrium. Exception No. 2: Elevator lobbies are not required where elevators are installed on open exterior walls. Exception No. 3: Elevator lobbies are not required where elevators are installed in open air parking structures. Exception No 4: Elevator lobbies are not required in buildings three stories or less with vertical openings protected in accordance with the applicable occupancy chapter. Exception No 5: Elevator lobbies are not required in mercantile occupancies that have properly protected openings for escalators or stairs. Exception No 6: Existing installations acceptable to the authority having jurisdiction." 6. Add a new subparagraph 9.6.2.10.2.1 to read as follows: "9.6.2.10.2.1 Existing battery-powered smoke alarms as permitted by other sections of this Code shall be permitted to remain in use provided the following criteria are met: 1. The device is no older than 10 years of the manufactures date on the device; and, 2. The device is installed in a facility that was legally permitted before July 1, 1987, as a residential occupancy; and,

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3. The facility has demonstrated to the authority having jurisdiction that the testing, maintenance, and battery replacement program will ensure reliability of power to the smoke alarms, 7. Add a new subparagraph 9.6.2.10.2.2 to read as follows: "9.6.2.10.2.2 Existing battery-powered smoke alarms as permitted by other sections of this Code and which meet the provisions of subparagraph 9.6.2.10.2.1 shall be replaced with smoke alarms whose device housing is tamper resistant and is powered by a non-replaceable, non-removable energy source capable of powering the alarm for a minimum of ten years from the manufacture's date on the device when any of the following apply: 1. The device is replaced for any reason; or, 2. The provisions of subparagraph 9.6.2.10.2.1 or not met; or, 3. There is no manufactures date that exist on the device; or, 4. The device does not meet all of the provisions of subparagraph 9.6.2.10.2.1. 8. Delete 9.6.3.6.3 and its place substitute the following: "9.6.3.6.3* Where occupants are incapable of evacuating themselves because of age, dependence on verbal communication with caregivers, physical or mental disabilities, or physical restraint, the private operating mode as described in NFPA 72, National Fire Alarm and Signaling Code, shall be permitted to be used. Only attendants, caregivers, and other personnel that are required to relocate or assist in the relocation occupants from a zone, area, floor, or building shall be required to be notified. The notification shall include means to readily identify the zone, area, floor, or building in need of evacuation. Where approved by the authority having jurisdiction, the requirements for audible signaling shall be permitted to be further reduced or eliminated when visible signaling is provided in accordance with NFPA 72. 9. Add an Annex Note to 9.6.3.6.3 to read as follows: "A.9.6.3.6.3 For example, in critical care patient areas, it is often desirable to not have an audible fire alarm even at reduced private mode levels. Another example would be classrooms for small children in day care or educational occupancies, where verbal communication is vital between caregivers or teachers and children during drills or during an actual fire or other emergency condition. Audible alarms often frighten small children and valuable time may be lost while trying to calm such children. Also, audible alarms at or near locations where clear communications is required may present a problem. A school office or a receptionist desk common to various occupancies are examples. An additional example of where an audible fire alarm could be a problem would be high noise level work areas where an audible signal needed to overcome background noise at one time of the day would be excessively loud and potentially dangerous at another time of lower ambient noise. A sudden increase of more than 30 dB over 0.5 seconds is considered to cause sudden and potentially dangerous fright. Each case requires individual consideration by the authority having jurisdiction."

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COUNTY HOME RULE ORDINANCES

10. Add a new subparagraph 9.7.1.1.1 to read as follows: "9.7.1.1.1 NFPA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Heights, shall be permitted for use as specifically referenced in Chapters 24 through 33 of this Code. This standard shall also be permitted for the design and installation of automatic sprinkler systems in personal care homes, community living arrangements, day-care centers, and day-care homes in buildings up to and including four stories. When a single-story open-air parking structure of fire-restrictive construction is below a four-story residential occupancy the structure is considered within this scope. NFPA 13R automatic sprinkler systems shall not be permitted in assisted living communities or memory care units, as defined in 120-3-3-.03 of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner, unless authorized by the State Fire Marshal's Office." 11. Delete paragraph 9.7.4.1* in its entirety and substitute in its place the following: "9.7.4.1* Portable fire extinguishers shall be installed in all buildings, structures and facilities as set forth in this Code and as established in 906.1 of the International Fire Code, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. (Refer to Table 1.4.4, CODES REFERENCE GUIDE) 12. Delete paragraph 9.7.4.2 in its entirety and substitute in its place the following: "9.7.4.2 Where required by the International Building Code (IBC), as adopted by Chapter 120-3-3 of the Rules and Regulations of the Department of Community Affairs, fire protection standpipe systems shall be provided. Such systems shall be designed, installed, and tested in accordance with NFPA 14, Standard for the Installation of Standpipe, Private Hydrants, and Hose Systems, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. (Refer to Table 1.4.4, CODES REFERENCE GUIDE. Where standpipe and hose systems are installed in connection with automatic sprinkler systems, design and installation shall be in accordance with the appropriate provisions established by the NFPA 13 and NFPA 14. (h) Modifications to Chapter 10: 1. Delete SECTION 10.3 in its entirety and substitute in its place the following: "SECTION 10.3 Decorations and Furnishings. 10.3.1 The use of decorative materials (vegetative and non-vegetative), as defined in Chapter 2 of the International Fire Code, and furnishings in proposed (new) and existing buildings shall be regulated as set forth by Sections 805, 806, 807, and 808 of the International Fire Code (IFC), as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." (i) Modifications to Chapter 11: 1. Delete subsection 11.1.6 in its entirety and substitute in its place the following: "11.1.6 Minimum Construction requirements. The minimum construction requirements for the location of occupants of health care and ambulatory health care occupancies shall be as specified in accordance with the applicable occupancy chapter."

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2. Delete paragraph 11.3.3.3 in its entirety and substitute in its place the following: "11.3.3.3 Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all enclosed and normally occupied towers in accordance with 9.7.4.1 of this Code." 3. Add a new item (4) to paragraph 11.7.3.4 to read follows: "(4) This requirement shall not apply to existing windowless or underground structures, excluding Chapter 15, with an occupant load of 100 or fewer persons in the windowless or underground portions of the structure." 4. Add a new subsection 11.8.2.3 to read as follows: "11.8.2.3 Smoke Proof Enclosures. High-rise buildings shall be provided with smoke proof exit enclosures in accordance with 7.2.3." 5. Add a new paragraph 11.8.3.3 to read as follows: "11.8.3.3 Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all high-rise buildings in accordance with 9.7.4.1." 6. Add a new subsection 11.9.6 to read as follows: "11.9.6 Extinguishing Equipment: 11.9.6.1 Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all permanent membrane structures in accordance with 9.7.4.1." 7. Delete subsection 11.10.3 in its entirety and substitute in its place the following: "11.10.3 Extinguishing Equipment. 11.10.3.1 Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all temporary membrane structures in accordance with 9.7.4.1." 8. Delete subsection 11.11.5 in its entirety and substitute in its place the following: "11.11.5 Extinguishing Equipment. 11.11.5.1 Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all tents in accordance with 9.7.4.1." (j) Modification to Chapter 12: 1. Add a new subparagraph 12.1.1.2.1 to read as follows: "12.1.1.2.1 Pursuant to O.C.G.A. 25-2-13(b)(1)(F), (G) and G.1) and 25-2-14(c), "Racetracks, stadiums, grandstands, theaters, auditoriums, restaurants, bars, lounges, nightclubs, dance halls, recreation halls and other places of public assembly having an occupant load of 300 or more, except that the occupant load shall be 100 or more persons where alcoholic beverages are served, shall have a certificate of occupancy issued by the appropriate authority having jurisdiction. For churches the occupant load requirement is 500 or more persons in a common area or having an occupant load greater than 1,000 persons based on the total occupant load of the building or structure." 2. Delete paragraph 12.3.5.1 in its entirety and substitute in its place the following: "12.3.5.1 Occupancies classified as Assembly Group A by the International Fire Code shall be protected by an approved, supervised automatic sprinkler system in accordance with Section 903 of the International Fire Code."

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COUNTY HOME RULE ORDINANCES

3. Add a new paragraph 12.3.5.5 to read as follows: "12.3.5.5 Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all assembly occupancies in accordance with 9.7.4.1." 4. Add a note following Table 12.4.2.3 to read as follows: "Note: See 12.4.2.6 for factors A, B and C in Tables 12.4.2.3 and 12.4.2.4.". 5. Delete paragraph 12.4.5.11 in its entirety and substitute in its place the following: "12.4.5.11 Scenery, Decorations, and Furnishings. Combustible decorations and scenery of cloth, film, foam plastic, vegetation, and similar materials shall meet the applicable provisions of 805, 806, 807, and 808 of the International Fire Code (IFC), as set forth in SECTION 10-3 of this Code. Scenery and stage properties not separated from the audience by proscenium openings shall be either noncombustible or limited-combustible." 6. Add a new subparagraph 12.4.7.1.1 to read as follows: "12.4.7.1.1 The provisions of 12.4.7 shall not be required for special amusement buildings not open to the public in excess of 45 days, provided all of the conditions set forth in of 914.7.3 of International Fire Code (IFC), as adopted by the Rules and Regulations of the Safety Fire Commissioner are met." 7. Delete subsection 12.7.3 in its entirety and substitute in its place the following: "12.7.3 Open Flame and Pyrotechnics. No open flame devices or pyrotechnic devices shall be used in any assembly occupancy, unless otherwise provided by 12.7.3.1 through 12.7.3.4. 12.7.3.1 As set forth in the exceptions to 308.3 of the IFC, as adopted by Chapter 120- 3-3 of the Rules and Regulations of the Safety Fire Commissioner. 12.7.3.2 This requirement shall not apply to heat-producing equipment complying with 9.2.2. 12.7.3.3 This requirement shall not apply to food service operations in accordance with 13.7.1. 12.7.3.4 Gas lights shall be permitted to be used, provided that precautions subject to the approval of the authority having jurisdiction are taken to prevent ignition of any combustible materials." 8. Delete subsection 12.7.4 in its entirety and substitute in its place the following: "12.7.4 Scenery, Decorations, and Furnishings. Combustible decorations, curtains, draperies, similar furnishings, and scenery of cloth, film, foam plastic, vegetation, and similar materials shall meet the applicable provisions of 805, 806, 807, and 808 of the International Fire Code (IFC), as set forth in SECTION 10-3 of this Code. The authority having jurisdiction shall impose additional controls, as he or she deems necessary, on the quantity and arrangement of combustible contents in assembly occupancies to provide an adequate level of safety to life from fire. (Refer to the definition for "decorative materials" in Chapter 2 of the International Fire Code."

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9. Delete subsection 12.7.6 in its entirety and substitute in its place the following: "12.7.6 Crowd Managers. Crowd managers shall be provided as required by 408.2.3 of the IFC, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." 10. Delete subsection 12.7.13 in its entirety and substitute in its place the following: "12.7.13 Emergency Planning and Preparedness. Assembly occupancies (Group A) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner." (k) Modification to Chapter 13: 1. Add a new subparagraph 13.3.5.1.1 to read as follows: "13.3.5.1.1 The provisions of 13.3.5.1 shall not apply to locations that were approved for occupancy prior to the adoption of the 2012 edition of the Life Safety Code, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner, and provided the conditions approved have not been modified without subsequent required review and approval by the authority having jurisdiction, and provided the provisions of 13.1.1.4 through 13.1.1.8 of this Code, as applicable, and the provisions of Section 103 of the International Fire Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner, and as applicable to existing buildings are met." 2. Add a new paragraph 13.3.5.5 to read as follows: "13.3.5.5 Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all assembly occupancies in accordance with 9.7.4.1." 3. Add a note following Table 13.4.2.3 to read as follows: "Note: See 12.4.2.6 for factors A, B and C in Tables 13.4.2.3 and 13.4.2.4.1." 4. Add a new paragraph 13.4.7.1 to read as follows: "13.4.7.1 Special amusement buildings not open to the public in excess of 45 days provided all of the conditions in 914.7.3 of the IFC as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner are met." 5. Delete subsection 13.7.3 in its entirety and substitute in its place the following: "13.7.3 Open Flame and Pyrotechnics. No open flame devices or pyrotechnic devices shall be used in any assembly occupancy. 13.7.3.1 This requirement shall not apply as set forth in the exceptions to 308.3.1 of the International Fire Code (IFC), as adopted by Chapter 120-3 -3 of the Rules and Regulations of the Safety Fire Commissioner. 13.7.3.2 This requirement shall not apply to heat-producing equipment complying with 9.2.2. 13.7.3.3 This requirement shall not apply to food service operations in accordance with 13.7.2.

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13.7.3.4 Gas lights shall be permitted to be used, provided that precautions subject to the approval of the authority having jurisdiction are taken to prevent ignition of any combustible materials."
6. Delete subsection 13.7.6 in its entirety and substitute in its place the following: "13.7.6 Crowd Managers. Crowd managers shall be provided as required by 408.2.3 of the IFC, as adopted by Chapter 120-3 -3 of the Rules and Regulations of the Safety Fire Commissioner." 7. Delete subsection 13.7.7 in its entirety and substitute in its place the following: "13.7.7 Emergency Planning and Preparedness. Assembly occupancies (Group A) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner." (l) Modifications to Chapter 14: 1. Add a new paragraph 14.1.1.5 to read as follows: "14.1.1.5 Mobile/Portable Classrooms Each mobile/portable classroom shall not be occupied until the required Certificate of Occupancy has been authorized by the State Fire Marshal's Office, the proper local fire marshal, state inspector, or others authorized by O.C.G.A Section 25-2-12." 2. Add a new subparagraph 14.1.1.5.1 to read as follows: "14.1.1.5.1 Classification. Mobile/portable classroom structures, as defined in 120-3-3-.03 of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner shall also be classified as Group E - Educational occupancies and shall comply with the provisions of this section and other sections applicable to Group E - Educational occupancies, except as may be provided otherwise elsewhere in this Code or in Chapter 120-3-3, of the Rules and Regulations of the Safety Fire Commissioner. 3. Add a new paragraph 14.1.1.5.2 to read as follows: "14.1.1.5.2 Plans and specifications for proposed (new) mobile/portable classrooms shall be submitted to and receive approval by either the State Fire Marshal's Office, the proper local fire marshal, state inspector, or others authorized by O.C.G.A 25-2-12 prior to construction. A Georgia registered architect or engineer must place his or her seal on the plans submitted. Submitted plans must include a site plan that is drawn to scale and showing clearances from other mobile/portable classroom structures and other structures. Such site plan shall also show the exit discharge route(s) to a public way in accordance with this Code, or where such is not possible, to an approved area of refuge." 4. Add a new paragraph 14.1.1.5.3 to read as follows: "14.1.1.5.3 Proposed (new) mobile/portable classrooms shall comply with the various provisions of this Code applying to classrooms in educational occupancies (Group E Educational), unless otherwise specified."

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5. Add a new paragraph 14.1.1.5.4 to read as follows: "14.1.1.5.4 Locating Mobile/Portable Classroom Structures. Mobile/portable classrooms shall not be installed within 25 feet (7.6 m) of any exposed building or structure, or within 10 feet (3.05 m) of another exposed mobile/portable classroom unit. The mobile/portable classroom unit shall not be connected to any other unit, or to other buildings or structures by a canopy of combustible construction. The distance between a mobile/portable classroom unit and an exposed building or structure, that is totally protected by an approved automatic sprinkler system, may be reduced to 10 feet (3.05 m), provided, the exposed exterior wall is of noncombustible construction, and there are no windows or doors in the exposed wall of the building within 25 feet (7.6 m) of the mobile/portable classroom unit. The distance may be reduced to 0 feet if the exposed wall is of noncombustible construction having a certified fire resistance rating of at least 2-hours and without openings within 25 feet of the exposing mobile/portable classroom unit." 6. Add the following special definitions in subsection 14.1.4.2, inserted alphabetically to read as follows: "14.1.4.2 Special Definitions. A list of special definitions listed in this Chapter follows. (1) Common Atmosphere. (See 3.3.26.1.) (2) Flexible Plan and Open Plan Educational or Day-Care Building. (Also See 3.3.36.6.) (3) Separate Atmospheres. (Also see 3.3.26.2)." 7. Add a new paragraph 14.2.1.5, to read as follows: "14.2.1.5 The provisions of 14.2.1.2 and 14.2.1.3 shall not apply to educational facilities that meet the requirements of 16.1.6." 8. Add a new paragraph (5) to 14.2.11.1.1 1to read as follows: "(5) Windows may open onto a court or an enclosed court provided all of the following criteria are met: (a) The court shall be of sufficient width such that persons exiting through the courtyard will be at a minimum dimension not less than 10 feet (3 m) from any portion of the building that could present an exposure condition to a fire. (b) The court has exits directly to the exterior of the building through an exit passageway that is separated out from all other parts of the building by 2-hour fire-rated construction. No space other than exit corridors protected by 'B' labeled 1 1/2-hour fire doors, whether normally occupied or not, shall open onto this required exit passageway. (c) The exit capacity for the exit passageway shall be of sufficient width for the corridors connected to it as well as the enclosed court calculated at 15 square feet (1.4 sq. m) per person or minimum number of students subject to exiting into the court, whichever is the greater of the two. (d) The travel distance from any point in a connecting classroom to the exterior of the building through the exit passageway shall not exceed 150 feet (45.7 m). (e) The court is provided with emergency lighting to direct occupants to the exit(s) in accordance with Section 5.9. (f) The exit(s) from the court is/are clearly marked in accordance with Section 7.10."

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9. Add a new subparagraph 14.2.2.2.2.1 to read as follows: "14.2.2.2.2.1 Doors serving as exits from mobile/portable classrooms shall not be less than 32 inches (0.91 m) in clear width, swing outward with exit travel onto landings at least 4 feet by 4 feet (1.2 m by 1.2 m), and have steps and/or ramps complying with applicable provisions of this Code. This includes guardrails and graspable handrails. Steps and ramps serving fewer than 50 persons may be 36 inches (0.91 m) in clear width." 10. Add a new paragraph 14.2.11.3 to read as follows: "14.2.11.3 School Hallway Interior Emergency Lockdown Defense (SHIELD). The installation of a School Hallway Interior Emergency Lockdown Defense (SHIELD) shall be permitted in educational occupancies provided all of the following criteria are met: (1) Activation shall be by means of depressing a panic button or pull station marked for emergency SHIELD available to school administration at a central location. Additional activation may be by telephone code. (2) System activation shall automatically contact law enforcement authorities upon activation. (3) Cross corridor doors may be provided with magnetic hold open devices to release upon activation of the system. (4) Upon activation of the system, cross corridor doors shall be permitted to be kept in the closed position with magnetic locks. (5) System hardware shall be provided with emergency power or battery back-up in event of loss of power. (6) Smoke detectors shall be provided within 15 feet of cross corridor doors on the classroom egress side for each corridor zone and be identified distinctly from other required detectors. Such detectors upon activation by smoke shall release door mag locks for the locked zone to freely open. Detectors are not required to be interconnected into the building's fire alarm system. (7) Card readers with keypad shall be installed on the ingress side of the doors requiring a PIN code and card swipe to deactivate for the activated corridor zone. (8) Keypad shall be installed on the egress side of the doors only requiring a PIN code for deactivation of the door mag locks for the activated corridor zone. (9) A blue light strobe and siren, distinct from that of the fire alarm may be provided to deter intruders. (10) Staff shall be adequately trained on the intent and operation of the system with the conduction of mock drills. 14.2.11.3.1 (SHIELD) Activation. The SHIELD system shall only be activated in the following situations: (1) The event of intrusion or active shooter upon school premises. (2) For the purposes of testing the system. (3) For the purposes of conducting drills related to the intrusion or active shooter upon school premises."

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11. Delete subparagraph 14.3.2.1(1)(a) in its entirety and substitute in its place the following:
"(a) Boiler and furnace rooms, unless such rooms enclose only air handling equipment, compressor equipment, furnaces or other heating equipment with a total aggregate input rating less than 200,000 Btu. Such rooms shall not be used for any combustible storage. In addition, a minimum of 30 inches (0.76 m) shall be provided and maintained to equipment and electrical or emergency control panels or devices for emergency response purposes."
12. Delete the term "Laundries" from 14.3.2.1(2)(a)-and substitute in its place the following:
"(a) Laundry areas utilizing commercial equipment, multiple residential appliances, or exceeding 100 square feet (9.3 sq. m)."
13. Add a new subparagraph 14.3.2.2.1 to read as follows: "14.3.2.2.1 Residential type cooking equipment. Residential type cooking equipment located in food preparation areas of home economic labs may be protected by a listed self-contained residential fire suppression systems located in a residential hood over each cooking surface, with the exhaust hood vented directly to the outside of the building. The fire suppression system shall automatically disconnect electric power to electric stoves or shut off the gas supply to gas fueled stoves. Food preparation areas located in home economics labs need not be so protected where located in a fully sprinklered building or where protection is provided in accordance with 9.7.1.2, provided, however, the exhaust hood shall still be required to be vented to the outside of the building." 14. Add a new subparagraph 14.3.4.2.3.3 to read as follows: "14.3.4.2.3.3 Manual fire alarm boxes may be located in rooms which open directly onto such corridors and normal paths of travel provided all of the following are met: (1) The rooms in which such manual fire alarm boxes are placed are constantly supervised all school hours. (2) The rooms in which such manual fire alarm boxes are placed are located in close proximity to the to that portion of the corridors and normal paths of travel where a manual fire alarm box would be placed in accordance with 9.6.2.5. (3) A sign is placed on the corridor wall immediately adjacent to the entry door(s) of such room so that it can be readily seen at all times. The sign shall state "MANUAL FIRE ALARM BOX LOCATED IN THIS ROOM". The sign shall have a red background and the letters shall be white and be at least one inch in height." 15. Delete subparagraph 14.3.4.3.1.1 in its entirety and substitute in its place the following: "14.3.4.3.1.1 Occupant notification shall be by means of audible and visual alarm devices in accordance with 9.6.3 and Chapter 120-2-20, Rules and Regulations of the Safety Fire Commissioner. Where visual alarm devices are located inside classrooms the installation of an audible device or component shall not be required, provided the audible alarm signal from alarm devices located in adjacent corridors or compartments is clearly audible in the classrooms, and is subject to the approval of the authority having jurisdiction."

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16. Add a new subparagraph 14.3.5.5.6 to read as follows: "14.3.5.5.6 Portable Fire Extinguishers. Portable fire extinguishers shall be provided ineducational occupancies, including mobile/portable classrooms, in accordance with 9.7.4.1. 14.3.5.5.6.1 In lieu of locating portable fire extinguishers in corridors and normal paths of travel as specified in NFPA Standard 10, Standard for Portable Fire Extinguishers, portable fire extinguishers may be located in rooms that open directly onto such corridors and paths of travel, provided, all of the following are met:
(a) The rooms in which such portable fire extinguishers are placed are located in close proximity to that portion of the corridor where a portable fire extinguisher would normally be placed in accordance with NFPA Standard 10. (b) A sign which states, in white letters at least one inch in height on a red background, "PORTABLE FIRE EXTINGUISHER LOCATED IN THIS ROOM," is placed on the corridor wall immediately adjacent to the entrance(s) of each such room so that it can be clearly seen at all times." (c) The rooms in which such portable fire extinguishers are placed shall be constantly supervised during school hours. (d) These rooms cannot be subject to being locked at any time the building is occupied." 17. Add a new item 6 to subsection 14.3.6 to read as follows: "6. Door closing devices are not required on doors in corridor wall openings other than those serving exits or required enclosures of hazardous areas." 18. Add a new paragraph 14.4.3.6 to read as follows: "14.4.3.6 Corridor walls in flexible plan buildings shall comply with subsection 14.3.6 as modified." 19. Add a new paragraph 14.5.2.3 to read as follows: "14.5.2.3 Portable electric and liquefied petroleum gas or liquid fuel fired space heating devices designed to be portable are prohibited in all portions of educational buildings, unless such use is permitted by 603.4 of the IFC, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." 20. Add new subparagraph 14.7.1.1 to read as follows: "14.7.1.1 Emergency Planning and Preparedness. Educational occupancies (Group E Educational) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency situation. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with the applicable provisions of Chapter 4 of the IFC, as adopted by the Rules and Regulations of the Safety Fire Commissioner." (m) Modifications to Chapter 15: 1. Add a new subparagraph 15.1.1.1.1 to read as follows: "15.1.1.1.1 Existing Mobile/Portable Classroom Structures. (a) Existing mobile/portable classroom structures, which have been installed prior to the effective date of this Code, and which were deemed to be in compliance with provisions in effect at the time of their installation, shall be permitted to remain in use, if deemed to have

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been maintained as approved, and meet specific provisions of this chapter applicable to existing mobile/portable classroom structures.
(b) When an existing mobile/portable classroom structure is removed from a school system, the certificate of occupancy for that structure becomes void, provided, however, the structure shall retain the status of an existing structure if continued in service as a classroom structure in another school system. This shall also apply to leased or rented mobile/portable classroom structures. A new certificate of occupancy shall be required for the relocated structure, and shall be issued provided the structure meets the provisions of this Code that are applicable to existing mobile/portable classrooms."
2. Add a new paragraph 15.1.1.3 to read as follows: "15.1.1.3 Existing mobile/portable classrooms shall comply with the various provisions of this Code applying to classrooms in existing educational occupancies, unless otherwise specified in this chapter." 3. Add a new paragraph 15.1.1.4 to read as follows: "15.1.1.4 When relocated, a mobile/portable classroom structure shall not be placed within 25 feet (7.6 m) of any building or structure or within 10 feet (3.1 m) of another mobile/portable classroom structure. Such mobile/portable classroom structures shall not be connected to any building or other mobile classroom structure by a canopy of combustible construction. An existing canopy of combustible components may be continued in use provided no combustible components are within 25 feet (7.6 m) of any building or structure or within 10 feet (3.1 m) of another mobile/portable classroom structure. The distance between a mobile/portable classroom unit and an exposed building or structure, that is totally protected by an approved automatic sprinkler system, may be reduced to 10 feet (3.05 m), provided, the exposed exterior wall is of noncombustible construction, and there are no windows or doors of the exposed wall of the building within 25 feet (7.6 m) of the mobile/portable classroom unit. The distance may be reduced to 0 feet if the exposed wall is of noncombustible construction having a certified fire resistance rating of at least 2-hours and without openings within 25 feet of exposing mobile/portable classroom unit." 4. Add a new paragraph 15.2.1.5 to read as follows: "15.2.1.5 Educational facilities that meet the requirements of 16.1.6." 5. Add a new subparagraph 15.2.2.2.3 to read as follows: "15.2.2.2.3 Doors serving as exits from existing mobile/portable classrooms shall not be less than 32 inches (0.91 m) in clear width, unless originally approved for a clear width of not less than 28 inches. Such exit doors shall open onto landings 4 feet by 4 feet (1.2 m by 1.2 m) and have stairs and or ramps, as needed, complying with applicable provisions of this Code. Landings, stairs, ramps, guardrails, and handrails installed and approved prior to the effective date of this Code, if maintained in a state of good repair, may be continued in use. When a mobile/portable classroom structure is moved to another site at the same school or another school, landings, stairs, ramps, guardrails, and graspable handrails shall comply with the applicable requirements of this Code for new construction."

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6. Add a new item (7) to paragraph 15.2.11.1 to read as follows: "(7) Windows may open onto a court or an enclosed court provided all of the following criteria are met: (a) The court shall be of sufficient width such that persons exiting through the courtyard will be at a minimum dimension not less than 10 feet (3 m) from any portion of the building that could present an exposure condition to a fire. (b) The court has exits directly to the exterior of the building through an exit passageway that is separated out from all other parts of the building by 2-hour fire-rated construction. No space other than exit corridors protected by 'B' labeled 1 1/2-hour fire doors, whether normally occupied or not, shall open onto this required exit passageway. (c) The exit capacity for the exit passageway shall be of sufficient width for the corridors connected to it as well as the enclosed court calculated at 15 square feet (1.4 sq. m) per person or minimum number of students subject to exiting into the court, whichever is the greater of the two. (d) The travel distance from any point in a connecting classroom to the exterior of the building through the exit passageway shall not exceed 150 feet (45.7 m). (e) The court is provided with emergency lighting to direct occupants to the exit(s) in accordance with Section 5.9. (f) The exit(s) from the court is/are clearly marked in accordance with Section 7.10." 7. Add a new paragraph 15.2.11.3 to read as follows: "15.2.11.3 School Hallway Interior Emergency Lockdown Defense (SHIELD). The installation of a School Hallway Interior Emergency Lockdown Defense (SHIELD) shall be permitted in educational occupancies provided all of the following criteria are met: (1) Activation shall be by means of depressing a panic button or pull station marked for emergency SHIELD available to school administration at a central location. Additional activation may be by telephone code. (2) System activation shall automatically contact law enforcement authorities upon activation. (3) Cross corridor doors may be provided with magnetic hold open devices to release upon activation of the system. (4) Upon activation of the system, cross corridor doors shall be permitted to be kept in the closed position with magnetic locks. (5) System hardware shall be provided with emergency power or battery back-up in event of loss of power. (6) Smoke detectors shall be provided within 15 feet of cross corridor doors on the classroom egress side for each corridor zone and be identified distinctly from other required detectors. Such detectors upon activation by smoke shall release door mag locks for the locked zone to freely open. Detectors are not required to be interconnected into the building's fire alarm system. (7) Card readers with keypad shall be installed on the ingress side of the doors requiring a PIN code and card swipe to deactivate for the activated corridor zone.

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(8) Keypad shall be installed on the egress side of the doors only requiring a PIN code for deactivation of the door mag locks for the activated corridor zone. (9) A blue light strobe and siren, distinct from that of the fire alarm may be provided to deter intruders. (10) Staff shall be adequately trained on the intent and operation of the system with the conduction of mock drills. 15.2.11.3.1 (SHIELD) Activation. The SHIELD system shall only be activated in the following situations: (1) The event of intrusion or active shooter upon school premises. (2) For the purposes of testing the system. (3) For the purposes of conducting drills related to the intrusion or active shooter upon school premises." 8. Delete subparagraph 15.3.2.1(1)(a) in its entirety and substitute in its place the following: "(a) Boiler and furnace rooms, unless such rooms enclose air handling equipment, compressor equipment, furnaces or other heating equipment with a total aggregate input rating less than 200,000 BTU input. Such rooms shall not be used for any combustible storage. A minimum of 30 inches (0.76 m) unobstructed access shall be provided and maintained to equipment and electrical or emergency control panels or devices for emergency response purposes." 9. Delete the term "Laundries" from subparagraph 15.3.2.1(2)(a) and substitute in its place the following: "(a) Laundry areas utilizing commercial equipment, multiple residential appliances, or exceeding 100 square feet (9.3 sq. m)." 10. Add a new paragraph 15.3.2.2.1 to read as follows: "15.3.2.2.1 Food preparation areas located in home economic labs may be protected by listed self-contained residential fire suppression systems located in a residential hood over each cooking surface, with the exhaust hood vented directly to the outside. Required use of automatic disconnects of fuel source or power source is subject to the approval of the authority having jurisdiction. Food preparation areas located in home economic labs need not be protected where in a fully sprinklered building or where protection is provided in accordance with 9.7.1.2. The exhaust hood is still required to be vented to the outside if installed after July 28, 1998." 11. Add items (3) and (4) to paragraph 15.3.4.2 to read as follows: "(3) Where each classroom in a mobile/portable classroom structure is provided with a two-way communication system that will permit initiation of the communication from the classroom as well as from a constantly attended location in the main administrative office of the school from which a general alarm can be sounded, if needed, and the fire department can be summoned. A telephone mounted in each classroom and equipped with speed dialing, or a similar function, to provide contact with the constantly attended location noted above, shall be acceptable as a two-way communication system for purposes of this provision. The

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procedure for using the system for emergency alerting shall be clearly posted near the system actuation device in each classroom and at the constantly attended location.
(4) Fire alarm alerting provisions for existing mobile/portable classroom structures approved prior to the effective date of this Code, and which are in a state of operational readiness. At the minimum, such provisions shall provide alerting of a fire condition in each mobile/portable classroom structure. Where alerting is by an alarm bell or horn, the sound/signal shall be distinctive from other bells or horns."
12. Add a new subparagraph 15.3.4.2.3.3 to read as follows: "15.3.4.2.3.3 In lieu of locating manual fire alarm boxes in educational occupancies in corridors and normal paths of travel, the fire alarm boxes may be located in rooms which open directly onto such corridors and normal paths of travel provided all of the following are met: (1) The rooms in which such manual fire alarm boxes are placed are constantly supervised all school hours. (2) The rooms in which such manual fire alarm boxes are placed are located in close proximity to the to that portion of the corridors and normal paths of travel where a manual fire alarm box would be placed in accordance with 9.6.2.5. (3) A sign is placed on the corridor wall immediately adjacent to the entry door(s) of such room so that it can be readily seen at all times. The sign shall state "MANUAL FIRE ALARM BOX LOCATED IN THIS ROOM". The sign shall have a red background and the letters shall be white and be at least one inch in height." 13. Add a new paragraph 15.3.5.6 to read as follows: "15.3.5.6 Portable Fire Extinguishers. Portable fire extinguishers shall be provided in educational occupancies, including mobile/portable classrooms, in accordance with 9.7.4.1. 15.3.5.6.1 In lieu of locating portable fire extinguishers in corridors and normal paths of travel as specified in NFPA 10, Standard for Portable Fire Extinguishers, portable fire extinguishers may be located in rooms that open directly onto such corridors and normal paths of travel provided all of the following are met: (a) The room in which such portable fire extinguishers are placed are located in close proximity to that portion of the corridor where a fire extinguisher would otherwise be placed in accordance with NFPA 10; Standard for Portable Fire Extinguishers, (b) A sign which states in white letters at least one inch in height on a red background, 'PORTABLE FIRE EXTINGUISHER LOCATED IN THIS ROOM,' is placed on the corridor wall immediately adjacent to the entrance way of each such room so that it can be clearly seen at all times; (c) The rooms in which such portable fire extinguishers are placed shall be constantly supervised during school hours; and, (d) Those rooms cannot be subject to being locked at any time the building is occupied." 14. Add a new item (6) to subsection 15.3.6 to read as follows: "(6) Door closing devices are not required on doors in corridor wall openings other than those serving exits or required enclosures of hazardous areas."

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15. Add new paragraph 15.5.2.3 to read as follows: "15.5.2.3 Portable electric and liquefied petroleum gas or liquid fuel fired space heating devices designed to be portable are prohibited in all portions of educational buildings. 15.5.2.3.1 As permitted by 603.4 of the IFC, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." 16. Delete subsection 15.7.1 in its entirety and substitute in its place the following: "15.7.1 Emergency Planning and Preparedness. Educational occupancies (Group E) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner." (n) Modification to Chapter 16: 1. Add a new 16.1.1.2.1 to read as follows: "16.1.1.2.1 Pursuant to O.C.G.A. 25-2-13(b)(1)(I) the term Group Day-Care Home applies to day-care facilities where at least seven (7) but not more than twelve (12) children receive care. Further, the term Day Care Center applies where more than twelve (12) children receive care. Where such facilities are required to be licensed or commissioned as set forth by O.C.G.A. 25-2-13(b)(1)(I), the facilities are also required to comply with the Rules and Regulations of the Safety Fire Commissioner and to obtain a Certificate of Occupancy pursuant to O.C.G.A. 25-2-14(c)." 2. Add a new subparagraph 16.1.3.1.1 to paragraph 16.1.3.1 to read as follows: "16.1.3.1.1 The provisions of 6.1.14 shall not apply to one- and two-family dwellings." 3. Delete paragraph 16.1.6.1 and its corresponding table in its entirety and substitute in its place the following: "16.1.6.1 The location of day-care occupancies and clients of such shall be limited as shown in Table 16.1.6.1. 16.1.6.1.1 Day-Care occupancies with exits directly to the outside from each room normally occupied by clients may be of any construction type without being protected throughout by an automatic sprinkler system.

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Table 16.1.6.1 Day-Care Occupancy Location

Type of Construction

Age Group

Number of Stories

I(443), I(332), and II(222) II(111), III(21 1) and V(111)
IV(2HH) II(000) III(200) and V(000)

0 through 4 5 and older 0 though 4 5 and older 0 through 4 5 and older 0 through 4 5 and older 0 through 4 5 and older

(Stories are counted starting at the floor of exit

1

2

3 4+

YES YES YES YES

YES YES YES YES

YES YES+ NO NO

YES YES YES+ NO

YES YES+ NO NO

YES YES+ NO NO

YES YES+ NO NO

YES YES+ NO NO

YES+ YES+ NO NO

YES YES+ NO NO

The types of construction in the Table are from NFPA 220, Standard on Types of Building Construction. Refer to 8.2.1.2 and 8.2.1.2.1 of this Code and the conversion chart for cross-referencing to the construction types established by the International Building Code. YES: Day-care occupancy location permitted in type of construction. YES+: Day-care occupancy location permitted in type of construction if entire building is protected throughout by an approved automatic sprinkler system. NO: Day-care occupancy location not permitted in type of construction." 4. Add a new paragraph 16.1.6.3 to read as follows: "16.1.6.3 Day-Care Facilities Located Below the LED. The story below the level of exit discharge shall be permitted to be used in buildings of any construction type, other than Type II(000), Type III(200) and Type V(000) provided, the building is protected throughout by an approved automatic sprinkler system."

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5. Add a new subparagraph 16.1.6.3.1 to read as follows: "16.1.6.3.1 Where the story below the level of exit discharge is occupied as a day-care center, both of the following shall apply: (1) One means of egress shall be an outside or interior stair in accordance with 7.2.2. An interior stair, if used, shall only serve the story below the level of exit discharge. The interior stair shall be permitted to communicate with the level of exit discharge; however, the required exit route from the level of exit discharge shall not pass through the stair enclosure. (2) The second means of egress shall be permitted to be via an unenclosed stairway separated from the level of exit discharge in accordance with 8.2.5.4. The path of egress travel on the level of exit discharge shall be protected in accordance with 7.1.3.1." 6. Delete subsection 16.2.9 in its entirety and substitute in its place the following: "16.2.9 Emergency Lighting. Emergency lighting shall be provided in accordance with Section 7.9 in the following areas: 1. In all interior stairs and corridors. 2. In all normally occupied spaces 3. Emergency lighting is not required in the following locations:
(1) Administrative areas other than receptionist areas. (2) Mechanical rooms, storage areas, and rooms or areas not normally occupied by students." 7. Delete item (a) to paragraph 16.3.2.1(1) (a) in its entirety and substitute in its place the following: "(a) Rooms enclosing air handling equipment compressor equipment, furnaces or other heating equipment with a total aggregate input rating less than 200,000 BTU input. Such rooms shall not be used for any combustible storage. A minimum of 30 inches (0.76 m) unobstructed access shall be provided and maintained to equipment and electrical or emergency control panels or devices for emergency response purposes." 8. Add an item (4) to paragraph 16.3.2.1to read as follows: "(4) In areas where documentation is provided indicating an unreliable water source, the authority having jurisdiction may accept separation of these areas from the remainder of the building by fire barriers having not less than a 2-hour fire-resistance rating." 9. Delete the term "Laundries" from subparagraph 16.3.2.1 (2) a. and substitute in its place the following: "a. Laundry areas utilizing commercial equipment, multiple residential appliances, or exceeding 100 square feet (9.3 sq. m)." 10. Delete paragraph 16.3.2.3 in its entirety and substitute in its place the following: "16.3.2.3 Food preparation facilities protected in accordance with 9.2.3 are not required to have openings protected between food preparation areas and dining areas. Where domestic cooking equipment is used for food warming or limited cooking, a listed self-contained residential fire suppression system may be installed in a residential hood to cover the area of the cooking surface, with the exhaust hood vented directly to the outside.

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The fire suppression system shall automatically disconnect electric power to electric stoves or automatically shut off the gas supply to gas stoves. Such system shall be interconnected to the building fire alarm system where one is provided.
16.3.2.3.1 Subject to the approval of the authority having jurisdiction approval, where domestic cooking equipment is used for food warming or limited cooking, the requirements for a residential fire suppression system may be waived if the room is protected by approved automatic sprinkler protection. The provisions of 9.7.1.2 may be permitted. The exhaust hood is still required to be vented to the outside."
11. Delete subsection 16.3.5 in its entirety and substitute in its place the following: "16.3.5 Extinguishment Requirements. Buildings containing day-care occupancies shall be sprinkler protected throughout for construction types as specified in Table 16.1.6.1 entitled "Day-Care Occupancy Location Limitations" and paragraph 16.1.6.3. Any required sprinkler system based upon Table 16.1.6.1 and paragraph 16.1.6.3 shall be in accordance with 9.7." 12 .Add a new paragraph 16.3.5.1 to read as follows: "16.3.5.1 Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all daycare occupancies in accordance with 9.7.4.1." 13. Add new paragraph 16.5.2.4 to read as follows: "16.5.2.4 Portable electric and liquefied petroleum gas or liquid fuel fire space heating devices designed to be portable are prohibited in all portions of day-care facilities. 16.5.2.4.1 In emergency conditions when approved by the authority having jurisdiction, equipment designed to be portable may be used for a specified time provided such equipment is properly protected and separated from combustibles as specified by the manufacturer's instructions and the authority having jurisdiction." 14. Delete paragraph 16.6.1.6 in its entirety and substitute in its place the following: "16.6.1.6 Minimum Construction Requirements. The minimum construction requirements for new day-care homes shall be limited to the types of building construction permitted by the IBC as specified in 8.2.1. Clients of a group day-care home in a multi-story building shall be restricted to the level of exit discharge, unless the provisions of 16.1.6 are met." 15. Add a new paragraph 16.6.3.6 to read as follows: "16.6.3.6 Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all daycare home occupancies in accordance with 9.7.4.1." 16. Delete subsections 16.7.1 and 16.7.2 in their entirety and substitute in their place the following: "16.7.1 Emergency Planning and Preparedness. Day-care occupancies (Group E and I-4) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner."

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(o) Modifications to Chapter 17: 1. Delete paragraph 17.1.1.3 in its entirety and substitute in its place the following: "17.1.1.3 Pursuant to O.C.G.A. 25-2-13(b)(1)(I) the term Group Day-Care Home applies to daycare facilities where at least seven (7) but not more than twelve (12) children receive care. Further, the term Day Care Center applies where more than twelve (12) children receive care. Where such facilities are required to be licensed or commissioned as set forth by O.C.G.A. 25-2-13(b)(1)(I), the facilities are also required to comply with the Rules and Regulations of the Safety Fire Commissioner and to obtain a Certificate of Occupancy pursuant to O.C.G.A. 25-2-14(c)." 2. Delete paragraph 17.1.1.4 in its entirety and substitute in its place the following: "17.1.1.4 This section establishes life safety requirements for existing day-care occupancies, adult day-care facilities, and head start facilities in which more than 12 clients receive care, maintenance, and supervision by other than their relative(s) or legal guardian(s) for less than 24 hours per day. An existing day-care occupancy shall be allowed the option of meeting the requirements of Chapter 16 in lieu of Chapter 17. Any day-care occupancy that meets the requirements of Chapter 16 shall be judged to meet the requirements of Chapter 17." 3. Add a new subparagraph 17.1.3.1.1 to read as follows: "17.1.3.1.1 The provisions of 6.1.14 shall not apply to one- and two-family dwellings." 4. Add a new subparagraph 17.1.4.1.1 to read as follows: "17.1.4.1.1 Existing day-care centers that include part-day preschools, head-start programs, kindergartens, and other schools whose purpose involves education primarily for a group of children may continue to meet the requirements of this section or may be allowed the option of meeting the requirements of Chapter 15." 5. Delete subsection 17.1.6.1 and its corresponding table in its entirety and substitute in its place the following: "17.1.6.1 Location and Minimum Construction Requirements. The location of day-care occupancies and clients of such shall be limited as shown in Table 17.1.6.1 17.1.6.1.2 Day-Care occupancies with exits directly to the outside from each room normally occupied by clients may be of any construction type without being protected throughout by an automatic sprinkler system. "17.1.6.1.3 Centers located on the level of exit discharge in buildings of any construction type without a complete approved automatic sprinkler system, may be continued in use as a child day-care center housing children ages zero through four, or non-ambulatory children, as long as at least one exit door is provided directly to the outside of the building at ground level from every room or space normally occupied by children, except restrooms. For centers existing prior to April 12, 1985, where direct access to the outside of the building is not possible from interior rooms, and such interior rooms are normally subject to occupancy by children, the interior room may continue to be used provided there are two remote exits from the rooms that provide access to two separate and distinct exits to the outside."

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Table 17.1.6.1 Day-Care Occupancy Location

Type of Construction

Age Group

Number of Stories
(Stories are counted starting at the floor of exit

1

2

3

4+

I(443), I(3 32) and II(222) 0 through

YES

YES YES YES

4

5 and older

YES

YES YES YES

II(111), III(21 1) and V(111)

0 through

YES

YES+ NO

NO

4

5 and older

YES

YES YES+ NO

IV (2HH)

0 through

YES

YES+ NO

NO

4

5 and older

YES

YES+ NO

NO

II(000)

0 through

YES

YES+ NO

NO

4

5 and older

YES

YES+ NO

NO

III(200) and V(000) 0 through

YES+ YES+ NO

NO

4

5 and older

YES

YES+ NO

NO

The types of construction in the Table are from BFPA 220, Standard on Types of Building Construction. Refer to 8.2.1.2 and 8.2.1.2.1 of this Code and the conversion chart for cross-referencing to the construction types established by the International Building Code. YES: Day-care occupancy location permitted in type of construction. YES+: Day-care occupancy location permitted in type of construction if entire building is protected throughout by an approved automatic sprinkler system.

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NO: Day-care occupancy is not permitted in this construction type." 6. Delete subsection 17.2.9 in its entirety and substitute in its place the following: "17.2.9 Emergency Lighting. Emergency lighting shall be provided in accordance with Section 7.9 in the following areas: 1. In all interior stairs and corridors. 2. In all normally occupied spaces. 17.2.9.1 Emergency lighting is not required in the following areas: (1) Administrative areas other than receptionist areas. (2) Mechanical rooms, storage areas, and rooms not normally occupied by students." 7. Add a new subparagraph 17.3.2.1(1)(a)(1) to read as follows: "17.3.2.1(1)(a)(1) Rooms enclosing air handling equipment compressor equipment, furnaces or other heating equipment with a total aggregate input rating less than 200,000 BTU input are not required to comply with 17.3.2.1(1) provided, such rooms shall not be used for any combustible storage. A minimum of 30 inches (0.76 m) unobstructed access shall be provided and maintained to equipment and electrical or emergency control panels or devices for emergency response purposes." 8. Delete paragraph 17.3.2.2 in its entirety and substitute in its place the following: "17.3.2.2 Food preparation facilities protected in accordance with 9.2.3 are not required to have openings protected between food preparation areas and dining areas. Where domestic cooking equipment is used for food warming or limited cooking, a listed self-contained residential fire suppression system may be installed in a residential hood to cover the cooking surface, with the exhaust hood vented directly to the outside. Required use of automatic disconnects of the fuel source or power source is subject to the authority having jurisdiction. Upon receipt of a sworn affidavit, no protection is required for existing domestic cooking equipment used for limited cooking or warming of foods. 17.3.2.2.1 Subject to the approval of the authority having jurisdiction, where domestic cooking equipment is used for food warming or limited cooking, the requirements for a residential fire suppression system may be waived if the room is protected by approved automatic sprinkler protection. The provisions of 9.7.1.2 may be permitted. The exhaust hood is still required to be vented to the outside." 9. Delete the term "Laundries" from subparagraph 17.3.2.1 (2)(a) and substitute in its place the following: "(a) Laundry areas utilizing commercial equipment, or multiple residential appliances, or having a floor area exceeding100 square feet (9.3 m)." 10. Add a new paragraph 17.3.5.3.1 to read as follows: "17.3.5.3.1 Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all day-care occupancies in accordance with 9.7.4.1." 11. Delete subsection 17.4.1 in its entirety and substitute in its place the following: "17.4.1 Windowless or Underground Buildings. Windowless or underground buildings or structures shall comply with the applicable provisions of Section 11.7. All such buildings

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and structures housing a day-care occupancy shall be protected throughout by an approved automatic sprinkler system.
"17.4.1.1 Buildings or structures existing prior to January 28, 1993, and housing day-care occupancies with an occupant load not greater than 100 may remain in use without being protected throughout by an automatic sprinkler system."
12. Add a subparagraph 17.5.1.2.1 to read as follows: "17.5.1.2.1 In existing day-care occupancies, in lieu of special protective covers, receptacles may be placed at a minimum of six feet above the finished floor." 13. Add a new paragraph 17.5.2.4 to read as follows: "17.5.2.4 Portable electric and liquefied petroleum gas or liquid fuel fire space heating devices designed to be portable are prohibited in all portions of day-care facilities. "17.5.2.4.1 In emergency conditions when approved by the authority having jurisdiction, equipment designed to be portable may be used for a specified time provided such equipment is properly protected and separated from combustibles as specified by the manufactures instructions and the authority having jurisdiction." 14. Delete subparagraph 17.6.1.4.1.2 in its entirety and substitute in its place the following: "17.6.1.4.1.2 This section establishes life safety requirements for group day-care homes, adult daycare homes and head start facilities in which at least seven but not more than 12 clients receive care, maintenance, and supervision by other than their relative(s) or legal guardian(s) for less than 24 hours per day (generally within a dwelling unit). An existing day-care home shall be allowed the option of meeting the requirements of Section 16.6 in lieu of Section 17.2. Any day-care home that meets the requirements of Chapter 16 shall be judged to meet the requirements of Chapter 17." 15. Add an exception to subsection 17.6.1.4.1 to read as follows: "17.6.1.4.1 Existing day-care homes that include part-day preschools, head-start programs, kindergartens, and other schools whose purpose involves education primarily for a group of children may continue to meet the requirements of this section or may be allowed the option of meeting the requirements of Chapter 15." 16. Delete paragraph 17.6.1.6 in its entirety and substitute in its place the following: "17.6.1.6 Clients of a group day-care home in a multi-story building shall be restricted to the level of exit discharge, unless the provisions of 17.1.6.1 are met." 17. Add a new paragraph 17.6.3.6 to read as follows: "17.6.3.6 Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all daycare home occupancies in accordance with 9.7.4.1." 18. Add a new subsection 17.6.5.1.2 to read as follows: "17.6.5.1.2 In existing day-care homes in lieu of special protective covers, receptacles may be placed at a minimum of 6 feet (1.8 m) above the finished floor." 19. Delete subsections 17.7.1 and 17.7.2 in their entirety and substitute in their place the following: "17.7.1 Emergency Planning and Preparedness. Day-care occupancies (Group E and I-4) shall develop policies, procedures, plans, staff training, and safety practices for the protection

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of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner."
(p) Modifications to Chapter 18: 1. Delete subsection 18.1.1.1.8 in its entirety and in its place substitute the following: "18.1.1.1.8 Buildings, or sections of buildings, that house older persons and that provide activities that foster continued independence but that do not include services distinctive to health care occupancies (see 18.1.4.2), as defined in 3.3.188.7, shall be permitted to comply with the requirements of other chapters of this Code, such as Chapters 30, 32 or 34 based upon appropriate licensing if required." 2. Add a new subparagraph 18.1.1.4.5.1 to read as follows: "18.1.1.4.5.1 Minor renovations, alterations, modernizations or repairs as used in 18.1.1.4.5 shall mean that construction is less than 40% of the floor area within a smoke compartment." 3. Add the following to the list of hazardous areas in Table 18.3.2.1 to read as follows: "Soiled utility rooms also used for combustible storage - 1 hour." 4. Add a new subparagraph 18.3.2.5.2.1 to read as follows: "18.3.2.5.2.1 Where a residential stove (a maximum of four surface burners or cooking elements), is used for food warming, limited cooking, or rehabilitation training, a residential style hood system ducted to the outside shall be installed to cover each cooking surface. Other protection or segregation shall not be required unless subsequent inspections reveal conditions have changed and a higher level of risk to life is deemed to exist by the authority having jurisdiction." 5. Delete subsections 18.7.1 and 18.7.2 in their entirety and substitute in their place the following: "18.7.1 Emergency Planning and Preparedness. Health care occupancies (Group I-2) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code (IFC), and NFPA 99, as adopted by the Rules and Regulations of the Safety Fire Commissioner." 6. Delete subsection 18.7.4 in its entirety and in its place substitute the following: "18.7.4* Smoking. Smoking regulations shall be adopted and shall include, at the least, the applicable provisions of Section 310 of the International Fire Code (IFC), as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." (q) Modifications to Chapter 19: 1. Delete subsection 19.1.1.1.8 in its entirety and in its place substitute the following: "19.1.1.1.8 Buildings, or sections of buildings, that house older persons and that provide activities that foster continued independence but do not include services distinctive to health care occupancies (see 19.1.4.2), as defined in 3.3.188.7, shall be permitted to comply with

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the requirements of other chapters of this Code, such as Chapters 31, 33 or 35 based upon appropriate licensing if required."
2. Add the following to the list of hazardous areas in subparagraph 19.3.2.1.5 to read as follows:
"(9) Soiled utility rooms used for combustible storage." 3. Add subparagraphs 19.3.2.5.2.1 to read as follows: "19.3.2.5.2.1 Where residential stove cooking is used for food warming, limited cooking, or rehabilitation training, a residential style hood system ducted to the outside and equipped with a listed self-contained residential fire suppression system shall be installed to cover each cooking surface. Required use of automatic disconnects of fuel source or power source is subject to the approval of the authority having jurisdiction. 19.3.2.5.2.1.1 Other installations acceptable to the authority having jurisdiction shall be acceptable." 4. Add a new subparagraph 19.3.4.3.1.1 to read as follows: "19.3.4.3.1.1 Zoned, coded systems shall be permitted." 5. Add a new subparagraph 19.3.5.1.3 to read as follows: "19.3.5.1.3 Sprinklers may be omitted in closets less than 50 cubic feet (1.4 cu m) in volume and the building may still be considered as fully sprinkled provided the face of the closet is covered by the room sprinkler." 6. Delete subsections 19.7.1 and 19.7.2 in their entirety and substitute in their place the following: "19.7.1 Emergency Planning and Preparedness. Health care occupancies (Group I-2) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code (IFC) and NFPA 99, as adopted by the Rules and Regulations of the Safety Fire Commissioner." 7. Delete subsection 19.7.4 in its entirety and in its place substitute the following: "19.7.4* Smoking. Smoking regulations shall be adopted and shall include, at the least, the applicable provisions of Section 310 of the International Fire Code (IFC), as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." (r) Modification to Chapter 20: 1. Delete subsections 20.7.1 and 20.7.2 in their entirety and substitute in their place the following: "20.7.1 Emergency Planning and Preparedness. Ambulatory health care facilities shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions for health care occupancies (Group I-2) of Chapter 4 of the International Fire Code (IFC) and NFPA 99, as adopted by the Rules and Regulations of the Safety Fire Commissioner."

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(s) Modification to Chapter 21: 1. Delete subsections 21.7.1 and 21.7.2 in their entirety and substitute in their place the following: "21.7.1 Emergency Planning and Preparedness. Ambulatory health care facilities shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions for health care occupancies (Group I-2) of Chapter 4 of the International Fire Code (IFC) and NFPA 99, as adopted by the Rules and Regulations of the Safety Fire Commissioner." (t) Modifications to Chapter 22: 1. Delete paragraph 22.2.11.2 in its entirety and substitute in its place the following: "22.2.11.2 Doors shall be permitted to be locked with approved detention locking mechanisms only in accordance with the applicable use condition. Padlocks are not permitted on housing unit doors or any other door located in the interior means of egress. 22.2.11.2.1 Padlocks are permitted on gates and doors located on exterior fencing, and in exterior walls, which are not part of the building, from areas of refuge located outside the building." 2. Delete the words 'fuel fired' from Table 22.3.2.1. 3. Add a note to Table 22.3.2.1 to read as follows: "[Note: Areas incidental to resident housing will mean any areas that exceed 10% of the resident housing area. This includes sleeping areas, dayrooms, group activity space, or other common spaces for customary access of residents.]" 4. Delete paragraph 22.3.7.5 in its entirety and substitute in its place the following: "22.3.7.5 Any required smoke barrier shall be constructed in accordance with Section 8.5 Smoke Barriers. Such barriers shall be of substantial construction and shall have structural fire resistance. Smoke barriers may have windows with wire glass in steel frames or tested window assemblies." 5. Delete subsection 22.7.1 in its entirety and substitute in its place the following: "22.7.1 Emergency Planning and Preparedness. Detention and correctional facilities (Group I-3 occupancies) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner." 6. Delete subsection 22.7.2 in its entirety and substitute in its place the following: "22.7.2 Policies and procedures shall be established by facility administrators to control and limit the amount of personal property in sleeping rooms and require periodic checks for the collection and storage of such items on a monthly basis. Records of periodic checks shall be kept and made available to the authority having jurisdiction upon request.

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COUNTY HOME RULE ORDINANCES

22.7.2.1 Facilities which provide closable metal lockers or fire-resistant containers for the storage of books, clothing, and other combustible personal property allowed in sleeping rooms." (u) Modifications to Chapter 23:
1. Delete paragraph 23.2.11.2 in its entirety and substitute in its place the following: "23.2.11.2 Doors shall be permitted to be locked with approved detention locking mechanisms only in accordance with the applicable use condition. Padlocks are not permitted on housing unit doors or any other door located in the means of egress. 23.2.11.2.1 Padlocks are permitted on gates and doors located on exterior fencing and walls from areas of refuge located outside the building." 2. Delete the words 'fuel fired' from Table 23.3.2.1. 3. Add a note to Table 23.3.2.1 to read as follows: "[Note: Areas incidental to resident housing will mean any areas that exceed 10% of the resident housing area. This includes sleeping areas, dayrooms, group activity space, or other common spaces for customary access of residents.]" 4. Delete paragraph 23.3.7.5 in its entirety and substitute in its place the following: "23.3.7.5 Required smoke barriers shall be constructed in accordance with Section 8.5 Smoke Barriers. Such barriers shall be of substantial construction and shall have structural fire resistance. Smoke barriers may have windows with wire glass in steel frames or tested window assemblies." 5. Delete subsection 23.7.1 in its entirety and substitute in its place the following: "23.7.1 Emergency Planning and Preparedness. Detention and correctional facilities (Group I-3 occupancies) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner." 6. Delete subsection 23.7.2 in its entirety and substitute in its place the following: "23.7.2 Policies and procedures shall be established by facility administrators to control and limit the amount of personal property in sleeping rooms and require periodic checks for the collection and storage of such items on a monthly basis. Records of periodic checks shall be kept and made available to the authority having jurisdiction upon request. 23.7.2.1 Facilities which provide closable metal lockers or fire-resistant containers for the storage of books, clothing, and other combustible personal property allowed in sleeping rooms." (v) Modification to Chapter 24: 1. Delete the Title of Chapter 24 and retitle it to read as follows: "Chapter 24 One- and Two-Family Dwellings/Community Living Arrangements" 2. Add a new subparagraph 24.1.1.1.1 to read as follows: "24.1.1.1.1 In addition, this chapter establishes life safety requirements for facilities licensed by the State of Georgia as a 'Community Living Arrangement' for one to four

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individuals not related to the owner or administrator by blood or marriage whether the facility is operated for profit or not. Community Living Arrangements for five or more residents shall comply with the applicable requirements of Chapter 32."
3. Add a new paragraph 24.1.1.5 to read as follows: "24.1.1.5 The use of a one- and two- family dwelling for the purposes of a Community Living Arrangement as licensed by the State, for one to four residents, shall constitute a change of occupancy sub-classification. The new sub-classification shall meet the requirements established in this Chapter for the One- and Two-Family Dwelling and the additional requirements specified under Section 24.4. 4. Delete 24.2.2.1.2(2) in its entirety and substitute in its place the following: "(2) The dwelling unit is protected throughout by an approved automatic sprinkler system in accordance with 24.3.5. This sprinkler provision shall not apply to a community living arrangement." 5. Add a new subparagraph to 24.2.4.1.1 to read as follows: "24.2.4.1.1 Doors in the path of travel of a means of escape in Community Living Arrangement facilities shall be not less than 32 in. (81 cm) wide." 6. Add a new subparagraph 24.3.4.1.3.1 to read as follows: "24.3.4.1.3.1 The provisions of 9.6.2.10.2.1 and 9.6.2.10.2.2 shall apply." 7. Delete Section 24.4 in its entirety and substitute in its place the following: "24.4 Community Living Arrangements. 24.4.1 General. The following shall be provided in addition to the requirements of this Chapter for facilities subject to being licensed as a Community Living Arrangement. Where there are conflicts in requirements specified elsewhere in this Chapter, the requirements specified under Section 24.4 shall prevail. 24.4.2 Address identification. New and Existing Community Living Arrangement structures shall have approved address numbers, building numbers or approved building identification placed in accordance with the provisions of the International Fire Code. 24.4.3 Means of Egress. 24.4.3.1 A Community Living Arrangement serving a resident dependent upon a wheelchair or other mechanical device for mobility shall provide at least two (2) exits from the Community Living Arrangement, remote from each other, and that are accessible to the residents. 24.4.3.2 Bedrooms for residents shall be separated from halls, corridors and other rooms by floor to ceiling walls. capable of resisting fire for not less than 1/2-hour, which is considered to be achieved if the partitioning is finished on both sides with lath and plaster or materials providing a 15-minute thermal barrier. Sleeping room doors shall be substantial doors, such as those of 1 3/4 in. (4.4-cm) thick, solid-bonded wood core construction or other construction of equal or greater stability and fire integrity. Any vision panels shall be fixed fire window assemblies in accordance with 8.3.3 or shall be wired glass not exceeding 1296 sq. in (0.84 m2) each in area and installed in approved frames.

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24.4.3.3 A room shall not be used as a bedroom where more than one-half the room height is below ground level.
24.4.3.4 Bedrooms which are partially below ground level shall have adequate natural light and ventilation and be provided with two useful means of egress.
24.4.3.5 Bedrooms occupied by residents shall have doors that can be closed. Doors shall be not less than 32 in. (81 cm) wide.
24.4.3.6 Any door in the path of travel of a means of means of egress or escape shall be not less than 32 in. (81 cm) wide.
24.4.3.7 Residents who need assistance with ambulation shall be provided bedrooms that have access to a ground-level exit to the outside or be provided bedrooms above ground level that have access to exits with easily negotiable ramps or easily accessible lifts.
24.4.3.8 Locks. 24.4.3.8.1 Bedrooms may have locks on doors provided both the occupant and staff are provided with keys to ensure easy entry. Double-cylinder locks (locks requiring a key on both sides) are prohibited to be used on the bedroom door of a resident. 24.4.3.8.2 Exterior doors shall be equipped with locks that do not require keys to open the door from the inside. 24.4.4 Detection and Alarm Systems 24.4.4.1 A fire alarm system meeting the minimum requirements for Single- and Multiple Station Alarms and Household Fire Alarm Systems per NFPA 72 shall be installed. 24.4.4.2 Smoke Detection. 24.4.4.2.1 Smoke alarms shall be installed in accordance with the provisions of 9.6.2.10 of this Code. Any additional detection/alarm devices shall be as established by O.C.G.A. 25-2-40. 24.4.4.2.2 Smoke alarms shall be installed on all levels, including basements but excluding crawl spaces and unfinished attics. 24.4.4.2.3 Additional smoke alarms shall be installed for all living areas as defined in 3.3.21.5 of this Code. 24.4.4.2.4 Strobe alarms shall be used when required by the needs of the resident, e.g., for hearing impaired persons. 24.4.4.3 Carbon Monoxide Detectors. 24.4.4.3.1 Carbon monoxide detectors shall be provided in the residence where natural gas, LP gas or heating oil is used to heat the residence. 24.4.4.3.2 Carbon monoxide detectors shall be provided in the residence if a solid fuel-burning fireplace or fixed heating device is installed the residence. 24.4.5 Protection. 24.4.5.1 Portable Fire Extinguishers. Portable fire extinguishers in accordance with 9.7.47.1 shall be provided near hazardous areas. 24.4.5.1.1 At least one 5 lb. 2A rated multipurpose ABC portable fire extinguisher shall be provided on each occupied floor, and, where applicable, in the basement. The extinguishers shall be installed so as to be readily accessible in accordance with NFPA 10.

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24.4.5.1.2 Required portable fire extinguishers shall be inspected and maintained annually by a State licensed fire extinguisher technician in accordance with NFPA 10.
24.4.5.1.3 Monthly quick check inspections shall be conducted by the staff of the Community Living Arrangement to ensure they are charged and in operable condition.
24.4.6 Heating, Ventilation and Air Conditioning. 24.4.6.1 Portable space heaters shall not be used. The use of heating devices and equipment shall be regulated by the International Fire Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner. 24.4.6.2 Fire screens and protective devices shall be used with fireplaces, stoves, and fixed heaters. 24.4.6.3 A water temperature monitor or a scald valve shall be installed where necessary to ensure the safety of the residents. Heated water provided for use of residents shall not exceed 120 degrees Fahrenheit at the hot water fixture, unless a cooler temperature is required by the needs of the individual. 24.4.7 Operating Features. 24.4.7.1 Staffing. The Community Living Arrangement shall have as many qualified and trained employees on duty as shall be needed to safeguard properly the health, safety, and welfare of residents and ensure the provision of services the residents require to be delivered in the Community Living Arrangement. 24.4.7.1.1 Before working independently with residents, each staff member shall be trained and show continuing evidence of competence in fire safety and emergency evacuation procedures. A resident shall not be considered a staff person in the residence in which they live. Also, training of management and staff shall comply with Chapter 4 of the adopted International Fire Code. 24.4.7.2 Evacuation Capabilities. Community Living Arrangement shall maintain a staffing ratio sufficient to ensure that all residents can meet a prompt evacuation capability as defined in 12-3-3-.03 of Chapter 120-3-3 Rules and Regulations of the Safety Fire Commissioner. Residents who cannot meet the prompt evacuation capability provision shall be provided with a minimum of one dedicated employee whose primary responsibility is to provide evacuation of the resident in the event of a fire or other emergency. The dedicated employee/employees shall be in close attendance at all times. 24.4.7.3 Drills. Fire drills shall be conducted at least quarterly on each shift at alternating times. At least two drills per calendar year shall be during sleeping hours. All fire drills shall be documented and include the names of staff involved. Also, refer to Chapter 4 of the International Fire Code, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. 24.4.7.4 Procedures. There shall be established procedures and mechanisms for alerting and caring for residents in case of emergencies and for evacuating them to safety. An evacuation plan with clear instructions shall be available within each residence. Also, refer to Chapter 4 of the International Fire Code, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner."

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(w) Modification to Chapter 26: 1. Add a new subparagraph 26.3.4.5.3.1 to read as follows: "26.3.4.5.3.1 The provisions of 9.6.2.10.2.1 and 9.6.2.10.2.2 shall also apply." 2. Add a new paragraph 26.3.6.4 to read as follows: "26.3.6.4 Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all lodging or rooming house occupancies in accordance with 9.7.4.1 of this Code." (x) Modification to Chapter 28: 1. Add a new subparagraph 28.2.5.5.1 to read as follows: "28.2.5.5.1 The provisions 0f 28.2.5.5 apply to exterior exit access routes and interior corridors." 2. Add a new subparagraph 28.2.5.6.1 to read as follows: "28.2.5.6.1 The provisions 0f 28.2.5.6 apply to exterior exit access routes and interior corridors." 3. Add a new subparagraph 28.3.2.2.1.1 to read as follows: "28.3.2.2.1.1: The provisions of 28.3.2.2 shall not apply to rooms enclosing air handling equipment, compressor equipment, furnaces or other heating equipment with a total aggregate input rating less than 200,000 BTU input. Such rooms shall not be used for any combustible storage. A minimum of 30 inches (0.76 m) unobstructed access shall be provided and maintained to equipment and electrical or emergency control panels or devices for emergency response purposes." 4. Delete paragraph 28.3.4.4 in its entirety and substitute in its place the following: "28.3.4.4 A corridor smoke detection system in accordance with O.C.G.A. Sections 25-2-13(d) & 25-2-40 shall be provided in all interior corridors, halls and passageways. 28.3.4.4.1 The provisions of 28.3.4.4.1 are not required in hotels and motels protected throughout by an approved supervised automatic sprinkler system installed in accordance with 28.3.5. Dormitory facilities shall still be required to provide a corridor smoke detection system in accordance with O.C.G.A. Sections 25-2-13(d) and 25-2-40." 5. Add a new subparagraph 28.3.4.5.1 to read as follows: "28.3.4.5.1 A smoke alarm shall be mounted on the ceiling or wall at a point centrally located in the corridor, hall or area giving access to each group of rooms used for sleeping purposes. Such smoke alarm shall be listed and meet the installation requirements of NFPA 72, National Fire Alarm and Signaling Code, and be powered from the building's electrical system. In addition, 11/2-hour emergency power supply source is required for the back-up power of the smoke alarms." 6. Add a new subparagraph 28.3.4.5.2 to read as follows: "28.3.4.5.2 Each living area within a guestroom or suite which is separated by doors or folding partitions shall be provided with an approved single station smoke alarm in accordance with 9.6.2.10 of this Code. The smoke alarm shall be powered from the building's electrical system."

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7. Delete subsections 28.7.1, 28.7.2, 28.7.3, and 28.7.5 in their entirety and substitute in their place the following:
"28.7.1 Emergency Planning and Preparedness. Hotels and dormitories (Group R-2 occupancies) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner."
(y) Modification to Chapter 29: 1. Delete paragraph 29.2.5.3 in its entirety and substitute in its place the following: "29.2.5.3 Exterior exit access or internal corridors shall be arranged so there are no dead ends in excess of 50 feet (15 m)." 2. Add a new subparagraph 29.3.4.5.3 to read as follows: "29.3.4.5.3 The provisions of 9.6.2.10.2.1 and 9.6.2.10.2.2 shall also apply." 3. Add a new subparagraph 29.3.4.5.4 to read as follows: "29.3.4.5.4 A corridor smoke detection system in accordance with O.C.G.A Sections 25-2-13(d) and 25-2-40 shall be provided in all interior corridors, halls and passageways. 29.3.4.5.4.1 The provisions of 29.3.4.5.1 do not apply in hotels and motels protected throughout by an approved supervised automatic sprinkler system installed in accordance with 28.3.5. 29.3.4.5.4.2 Dormitory facilities shall be required to provide a corridor smoke detection system in accordance with O.C.G.A. Sections 25-2-13(d) and 25-2-40." 4. Delete subsections 29.7.1, 29.7.2, and 29.7.3 in their entirety and substitute in their place the following: "29.7.1 Emergency Planning and Preparedness. Hotels and dormitories (Group R-2 occupancies) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner." (z) Modification to Chapter 30: 1. Delete item (2) of subsection 30.2.4.4 in its entirety and substitute in its place the following: "(2) The dwelling unit has direct access to an outside stair complying with 7.2.2 that serves a maximum of two units where both of which are located on the same floor. This does not preclude two stairs serving a floor level with a maximum of four units with an open breezeway connecting and allowing access to either exit stair." 2. Add a new subparagraph 30.3.2.1.2 to read as follows: "30.3.2.1.2 The provisions of 30.2.1 shall not apply to rooms enclosing air handling equipment, compressor equipment, furnaces or other heating equipment with a total

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aggregate input rating less than 200,000 BTU input. Such rooms shall not be used for any combustible storage, and a minimum of 30 inches (0.76 m) unobstructed access shall be provided and maintained to equipment and electrical or emergency control panels or devices for emergency response purposes."
3. Delete the words 'fuel fired' from Table 30.3.2.1. 4. Delete subparagraph 30.3.4.5.1 in its entirety and substitute in its place the following: "30.3.4.5.1 Approved single station or multiple station detectors continuously powered from the building's electrical system shall be installed in accordance with 9.6.2.10 in every living unit within the apartment building regardless of the number of stories or number of apartments. In addition, a 1 1/2-hour emergency power supply source is required for the back-up power of the detector. When activated, the detector shall initiate an alarm that is audible in the sleeping rooms of that unit. This individual unit detector shall be in addition to any sprinkler system or other detection system that may be installed in the building." 5. Delete paragraph 30.3.6.3 in its entirety and substitute in its place the following: "30.3.6.3 Doors that open onto exit access corridors shall be self-closing and self-latching, with a listed pneumatic closure or three heavy-duty spring-loaded hinges." 6. Delete subsection 30.7.1 in its entirety and substitute in its place the following: "30.7.1 Emergency Planning and Preparedness. Residential facilities (Group R-2 occupancies) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, resident training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner." (aa) Modifications to Chapter 31: 1. Delete item (2) of subsection 31.2.4.4 in its entirety and substitute in its place the following: "(2) The dwelling unit has direct access to an outside stair complying with 7.2.2 that serves a maximum of two units where both units are located on the same floor. This does not preclude two stairs serving a floor level with a maximum of four units with an open breezeway connecting and allowing access to either exit stair." 2. Add a new subparagraph 31.3.4.5.2.1 to read as follows: "31.3.4.5.2.1 The provisions of 9.6.2.10.2.1 and 9.6.2.10.2.2 shall also apply." 3. Add a new subparagraph 31.3.4.5.4.1 to read as follows: "31.3.4.5.4.1 The provisions of 9.6.2.10.2.1 and 9.6.2.10.2.2 shall also apply." 4. Delete subsection 31.7.1 in its entirety and substitute in its place the following: "31.7.1 Emergency Planning and Preparedness. Residential facilities (Group R-2 occupancies) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, resident training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner."

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(bb) Modifications to Chapter 32: 1. Delete paragraph 32.1.1.1 in its entirety and substitute in its place the following: "32.1.1.1 General. The requirements of this chapter shall apply to new buildings or portions thereof used as residential board and care occupancies (See 3.3.188.12* and 3.3.206* and their Annex A notes). This designation shall include, but may not be limited to, a personal care home or community living arrangement, as defined in 120-3-3-.03 of the Rules and Regulations of the Safety Fire Commissioner. 32.1.1.1.1 Additions, Conversions, Modernizations, Renovations, and Construction Operations. 32.1.1.1.1.1 Additions. Additions shall be separated from any existing structure not conforming to the provisions of Chapter 32 by a fire barrier having not less than a 2-hour fire resistance rating and constructed of materials as required for the addition. (See 4.6.5 and 4.6.7) Doors in fire barriers shall normally be kept closed, however, doors shall be permitted to be held open if they meet the requirements of 7.2.1.8.2, and such doors shall be released upon activation of the building fire alarm system. 32.1.1.1.1.2. Conversion. For purposes of this chapter, exceptions for conversions shall apply only for a change of occupancy from an existing residential or health care occupancy. 32.1.1.1.1. Change of Occupancy. A change from a licensed personal care home to an assisted living community or memory care unit shall be considered a change of occupancy or subclassification and would be required to meet the provisions of Chapter 35 for existing construction. Such changes in occupancy classification or subclassification are considered as proposed (new) buildings and shall be subject to the applicable administrative provisions of Section 103 of the International Fire Code, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. 32.1.1.1.1. Renovations, Alterations, and Modernizations. (See 4.6.7) 32.1.1.1.1. Construction, Repair, and Improvement Operations. (See 4.6.10)" 2. Delete paragraph 32.1.1.4 in its entirety and substitute in its place the following: "32.1.1.4 Personal Care Homes and Community Living Arrangements with Five of More Residents. A personal care home or community living arrangement with five or more residents, as defined in 120-3.3-.03 of the Rules and Regulations of the Safety Fire Commissioner, shall comply with the general provisions of 32.1 of this Chapter 32, and with the applicable provisions for residential board and care occupancies as defined in 3.3.188.12 of this Code. The provisions of Chapter 32 for large facilities are deemed to provide for the use of "defend in place" fire response strategies should self-preservation measures not be deemed successful. 32.1.1.4.1 Goals and Objectives. The goals and objectives of Sections 4.1 and 4.2 of this Code shall be met with due consideration for functional requirements, which are accomplished by limiting the development and spread of a fire to the room of origin and reducing the need for total occupant evacuation except for the room of fire origin.

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32.1.1.4.2 Total Concept. All new personal care homes, and community living arrangements with fire or more residents shall be constructed, maintained, and operated to minimize the possibility of a fire emergency requiring the evacuation of occupants.
32.1.1.4.2.1 Because the safety of personal care home residents or residents of a community living arrangement cannot be adequately ensured by dependence on evacuation of the building, their protection from fire shall be provided by appropriate arrangement of facilities; adequate trained staff (refer to 406.2.1 of the International Fire Code as adopted by 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner); and development of operating and maintenance procedures composed of the following:
(1) Design, construction, and compartmentation (2) Provision for detection, alarm, and extinguishment (3) Fire protection and planning, training, and drilling programs for the isolation of fire, transfer of occupants to areas of refuge, or evacuation of the building." 3. Delete paragraph 32.1.1.5 in its entirety and substitute in its place the following: "32.1.1.5 All new facilities classified as residential board and care occupancies shall conform to the requirements of this chapter. This chapter is divided into six sections as follows: (1) Section 32.1 General Requirements. (2) Section 32.2 Small Facilities (Sleeping accommodations for not more than six residents. (Includes Personal Care Homes and Community Living Arrangements for five or six residents) (3) Section 32.3 Large Facilities (Sleeping accommodations for seven or more residents. This includes Personal Care Homes, as defined in section 120-3-3-.03 of Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner. It also includes Community Living Arrangements with seven or more residents. (4) Section 32.4 Additional minimum requirements for an Apartment Building Housing a Board and Care Occupancy. (5} Section 32.5 Community Living Arrangement Facilities (small and large) (As defined in 120-3-3-.03 of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner) (6) Section 32.7 Operating Features." 4. Delete subsection 32.1.2 in its entirety and substitute in its place the following: "32.1.2 Classification of Occupancy. See 6.19 and provisions of this Chapter 32, and the applicable definitions in 120-3-3-.03 of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner." 5. Delete subparagraph 32.2.1.1.1 in its entirety and substitute in its place the following: "32.2.1.1.1 Scope. This section applies to a community living arrangement with 5 to 6 residents and to residential board and care occupancies, including a personal care home, providing sleeping accommodations for not more than 6 residents. Where there are sleeping accommodations for more than 6 residents of a residential board and care occupancy, including a personal care home or community living arrangement, the occupancy shall be

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classed as a large facility. The requirements for large facilities are found in Section 32.3. The provisions of 32.5 also apply to community living arrangements." (Also see 3.3.162.1.)"
6. Add a new paragraph 32.2.1.5 to read as follows: "32.2.1.5 Classification of Hazards of Contents. Contents of Residential Board and Care occupancies shall be classified in accordance with the provisions of Section 6.2." 7. Add a new subparagraph 32.2.3.2.6 to read as follows: "32.2.3.2.6 Residential cooking appliances such as stoves (a maximum of four surface burners or cooking elements) and griddles shall be protected by a listed self-contained residential fire suppression systems located in residential hoods over each cooking surface, with the exhaust hood vented directly to the outside. Automatic disconnects of the fuel source or power source shall be provided. Commercial cooking appliances including fryers shall be protected in accordance with 9.2.3, and shall not be required to have openings protected between food preparation areas and dining areas. 32.2.3.2.6.1: Subject to the approval of the authority having jurisdiction, the protection of residential cooking equipment shall not be required in buildings protected by an automatic sprinkler system as provided in 32.2.3.5. The protection authorized by 32.2.3.5.5 is acceptable for purposes of this section, provided, however, exhaust hood shall still be required to be vented to the outside. 32.2.3.2.6.2 Subject to the approval of the authority having jurisdiction, no protection is required over residential cooking appliances such as grills and stoves in facilities which have a prompt evacuation capability and having a licensed capacity as determined by the Department of Human Resources of six or less residents." 8. Add new subparagraph 32.2.3.4.3.5 to read as follows: "32.2.3.4.3.5 Strobe alarms shall be used when required by the needs of the resident, e.g., for hearing impaired persons." 9. Add new subparagraph 32.2.3.4.4 to read as follows: "32.2.3.4.4 Carbon Monoxide Detectors. Carbon monoxide detectors shall be provided in all small residential board and care facilities, including personal care homes and community living arrangements where natural gas, LP gas or heating oil is used to heat the residence or where a solid fuel -burning appliance is located in the building." 10. Delete subparagraph 32.2.3.5.2 in its entirety and substitute in its place the following: "32.2.3.5.2* In conversions, sprinklers shall not be required in small board and care homes, including personal care homes and community living arrangements serving six or fewer residents when all occupants have the ability as a group to move reliably to a point of safety within three minutes. 32.2.3.5.2.1 Where the provisions of 32.2.3.5.2 are not met and maintained, the sprinkler protection requirement may be met through the installation of a sprinkler system complying with 32.2.3.2.5."

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11. Add a new subsection 32.2.3.5.9 to read as follows: "32.2.3.5.9 Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all residential board and care occupancies and on each floor of a personal care home or community living arrangement facility in accordance with 9.7.4.1." 12. Delete (1) of subparagraph 32.2.3.6.1 and substitute in its place the following: "(1) The separation walls of sleeping rooms shall be capable of resisting fire for not less than 30 minutes, which is considered to be achieved if the partitioning is finished on both sides with materials such as, but not limited to, 1/2 inch thick gypsum board, wood lath and plaster, or metal lath and plaster. It shall be acceptable for corridor walls to terminate at a ceiling which is constructed similar to a corridor wall capable of resisting fire for not less than 30 minutes." 13. Add new subparagraph 32.2.5.2.4 to read as follows: "32.2.5.2.4 Portable electric and liquefied petroleum gas or liquid fuel fired space heating devices designed to be portable are prohibited in all portions of small residential board and care occupancies, including personal care homes and community living arrangements. 32.2.5.2.4.1 In emergency conditions when approved by the authority having jurisdiction, equipment designed to be portable may be used for a specified time provided such equipment is properly protected and separated from combustibles as specified by the manufacturer's instructions and the authority having jurisdiction." 14. Delete subparagraph 32.3.1.1 in its entirety and substitute in its place the following: "32.3.1.1.1 This section applies to residential board and care occupancies, including licensed personal care homes and community living arrangements with more than 6 residents, as defined in 120-3-3-.03 of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. Where there are sleeping accommodations for six or less residents, or a community living arrangement for 5 to 6 residents, the occupancy shall be classed as a small facility. The requirements for small facilities are found in Section 32.2. 15. Add a new Section 32.3.1.2 to read as follows: "32.3.1.2 Assisted Living Communities and Memory Care Units. 32.3.1.2.1 This chapter shall not apply to any building, or portion thereof, newly constructed, or substantially renovated, as defined in O.C.G.A. 25-2-14(d), so as to be designated and licensed by the Georgia Department of Community Health as an assisted living community or memory care unit, as defined in Section 120-3-3-.03 of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. Refer to Chapter 34 or 35 for the applicable requirements for such facilities." 16. Delete 32.3.1.2 and insert a new 32.3.1.2 to read as follows: "32.3.1.2 Requirements Based on Evacuation Capability. Definitions for the classifications of evacuation capability are defined in 120-3-3-.03 of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. For purposes of Section 32.3, large facilities are assumed to have an impractical evacuation capability.

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17. Add a new item 8 to subparagraph 32.3.2.2.2 to read as follows: "(8): Doors to resident rooms may be subject to being locked by the occupant, if they can be unlocked from the opposite side and keys are carried by staff at all times. Additional keys must be available/accessible to the staff." 18. Add a new subparagraph 32.3.2.6.1 to read as follows: "32.3.2.6.1 Travel distance shall not exceed 35 feet (10.7 m) in any story below the level of exit discharge occupied for public purposes." 19. Add a new subparagraph 32.3.2.6.2 to read as follows: "32.3.2.6. Travel distance shall not exceed 75 feet (22.9 m) in any story below the level of exit discharge not occupied for public purposes." 20. Add a new subparagraph 32.3.2.6.3 to read as follows: "32.3.2.6.3 Any story below the level of exit discharge occupied for public purposes shall have at least two separate exits provided from each story with a maximum dead-end corridor of 20 feet (6.1 m). Any floor below the level of exit discharge not open to the public and used only for mechanical equipment, storage, and service operations (other than kitchens which are considered part of the residential board and care occupancies) shall have exits appropriate to its actual occupancy in accordance with other applicable sections of this Code." 21. Delete paragraph 32.3.2.9 in its entirety and substitute in its place the following: "32.3.2.9 Emergency lighting in accordance with Section 7.9 of the Code shall be provided in means of egress and common areas in all residential board and care occupancies. "32.3.2.9.1 Where each resident room has a direct exit to the outside of the building at ground level, no emergency lighting shall be required." 22. Add a new subparagraph 32.3.2.11.1 to read as follows: "32.3.2.11.1 Every stairwell door shall allow reentry from the stairwell to the interior of the building or an automatic release shall be provided to unlock all stairwell doors to allow re-entry. Such automatic release shall be actuated with the initiation of the building fire alarm system or upon loss of power." 23. Add a new subparagraph 32.3.3.1.4 to read as follows: "32.3.3.1.4 Stairway enclosures shall not be required where a one-story stair connects two levels within a single dwelling unit, resident room or suite." 24. Add a new subparagraph 32.3.3.2.3 to read as follows: "32.3.3.2.3 The provisions of Table 32.3.3.2.2 shall not apply to rooms enclosing air handling equipment, compressor equipment, furnaces or other heating equipment with a total aggregate input rating less than 200,000 BTU input. Such rooms shall not be used for any combustible storage. A minimum of 30 inches (0.76 m) unobstructed access shall be provided and maintained to equipment and electrical or emergency control panels or devices for emergency response purposes." 25 Add a new subparagraph 32.3.3.2.4 to read as follows: "32.3.3.2.4 Residential cooking appliances such as stoves and griddles shall at the minimum be protected by a listed self-contained residential fire suppression system located

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in a residential hood over each cooking surface, with the exhaust hood vented directly to the outside. Automatic disconnects of the fuel source or power source shall be provided. Commercial cooking appliances including fryers shall be protected in accordance with 9.2.3 and shall not be required to have openings protected between food preparation areas and dining areas.
"32.3.3.2.4.1 Subject to the approval of the authority having jurisdiction, the protection of residential cooking equipment shall not be required in buildings protected by an automatic sprinkler system as provided in 32.3.3.5.1. The exhaust hood is still required to be vented to the outside."
26. Delete subparagraph 32.3.3.4.7 in its entirety and substitute in its place the following: "32.3.3.4.7 Smoke Alarms. Each sleeping room shall be provided with an approved single station smoke alarm in accordance with 9.6.2.10. Approved smoke alarms shall be powered by the building's electrical system and be provided with a 1 1/2-hour emergency power source." 32.3.3.4.7.1 Strobe alarms shall be used when required by the needs of the resident, e.g., for hearing impaired residents in personal care homes or Community Living Arrangements." 27. Delete subparagraph 32.3.3.4.8 in its entirety and substitute in its place the following: "32.3.3.4.8 Smoke Detection Systems. All corridors and common spaces shall be provided with smoke detectors in accordance with NFPA 72, National Fire Alarm and Signaling Code, arranged to initiate the fire alarm such that it is audible in all sleeping areas. Detectors shall be located in corridors or hallway so there is a detector within 15 feet (4.6 m) of the wall and at least every 30 feet (9.1 m) thereafter. Where a building has more than one floor level, a detector shall be located at the top of each stair and inside each enclosure. (Refer to 3.3.252) 32.3.3.4.8.1 Detectors may be excluded from crawl spaces beneath the building and unused and unfinished attics. 32.3.3.4.8.2 Unenclosed corridors, passageways, balconies, colonnades, or other arrangements where one or more sides along the long dimension are fully or extensively open to the exterior at all times." 28. Add new subparagraph 32.3.3.4.9 to read as follows: "32.3.3.4.9 Carbon Monoxide Detectors. Carbon monoxide detectors shall be provided in all personal care homes and community living arrangements where natural gas, LP gas or heating oil is used to heat the residence or where a solid fuel-burning appliance is located in the residence." 29. Delete subparagraph 32.3.3.5.5 in its entirety and substitute in its place the following: "32.3.3.5.5 Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all residential board and care occupancies and on each floor of a personal care home or community living arrangement facility in accordance with 9.7.4.1." 30. Delete subparagraph 32.3.3.6.6 in its entirety and substitute in its place the following: "32.3.3.6.6 There shall be no louvers, transfer grilles, operable transoms, or other air passages penetrating such walls or doors other than properly installed heating and utility

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installations. Unprotected openings shall be prohibited in partitions of interior corridors serving as exit access from resident rooms. Transfer grilles, whether protected by fusible link operated dampers or not, shall not be used in corridor walls or doors between resident rooms and interior corridors.
32.3.3.6.6.1 Existing transoms installed in corridor partitions of resident rooms shall be fixed in the closed position and shall be covered or otherwise protected to provide a fire-resistance rating at least equivalent to that of the wall in which they are installed."
31. Add a new subparagraph 32.3.6.2.4 to read as follows: "32.3.6.2.4 Portable electric and liquefied petroleum gas or liquid fuel fired space heating devices designed to be portable are prohibited in all portions of large residential board and care occupancies. "32.3.6.2.4.1 In emergency conditions when approved by the authority having jurisdiction, equipment designed to be portable may be used for a specified time provided such equipment is properly protected and separated from combustibles as specified by the manufactures instructions and the authority having jurisdiction." 32. Delete section 32.5 in its entirety and substitute in its place the following: "32.5 Community Living Arrangement Facilities. 32.5.1 General. The following shall be provided in addition to the requirements of this Chapter for facilities subject to being licensed as a Community Living Arrangement. Where there are conflicts in requirements specified elsewhere in this Chapter, the requirements specified under Section 32.5 shall prevail. 32.5.2 Address identification. Community Living Arrangement structures shall have approved address numbers, building numbers or approved building identification placed in accordance with the provisions of the International Fire Code. 32.5.3 Means of Egress. 32.5.3.1 Number of Means of Escape. In any dwelling or dwelling unit of two rooms or more, every sleeping room and every living area shall have not less than one primary means of escape and one secondary means of escape. 32.5.3.1.1 A secondary means of escape shall not be required where the bedroom or living area has a door leading directly to the outside of the building at or to grade level. 32.5.3.1.2 Exits for the mobility impaired. A Community Living Arrangement serving a resident dependent upon a wheelchair or other mechanical device for mobility shall provide at least two (2) exits from the Community Living Arrangement, remote from each other, which are accessible to the residents." 32.5.3.2 Bedrooms. Bedrooms for residents shall be separated from halls, corridors and other rooms by floor to ceiling walls. capable of resisting fire for not less than 1/2-hour, which is considered to be achieved if the partitioning is finished on both sides with lath and plaster or materials providing a 15-minute thermal barrier. Sleeping room doors shall be substantial doors, such as those of 1 3/4-in. (4.4-cm) thick, solid-bonded wood core construction or other construction of equal or greater stability and fire integrity. Any vision

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panels shall be fixed fire window assemblies in accordance with 8.3.3 or shall be wired glass not exceeding 1296 in.2 (0.84 m2) each in area and installed in approved frames.
32.5.3.2.1 A room shall not be used as a bedroom where more than one-half the room height is below ground level.
32.5.3.2.2 Bedrooms which are partially below ground level shall have adequate natural light and ventilation and be provided with two useful means of egress.
32.5.3.2.3 Bedrooms occupied by residents shall have doors that can be closed. Doors shall be not less than 32 in. (81 cm) wide.
32.5.3.2.4 Any door in the path of travel of a means of means of egress or escape shall be not less than 32 in. (81 cm) wide.
32.5.3.2.5 Residents who need assistance with ambulation shall be provided bedrooms that have access to a ground-level exit to the outside or provided bedrooms above ground level that have access to exits with easily negotiable ramps or easily accessible lifts.
32.5.3.3 Locks. 32.5.3.3.1 Bedrooms may have locks on doors provided both the occupant and staff are provided with keys to ensure easy entry. Double-cylinder locks (locks requiring a key on both sides) are prohibited be used on the bedroom door of a resident. 32.5.3.3.2 Exterior doors shall be equipped with locks that do not require keys to open the door from the inside. 32.5.4 Detection and Alarm Systems 32.5.4.1 A fire alarm system meeting the minimum requirements for Single- and Multiple Station Alarms and Household Fire Alarm Systems per NFPA 72 shall be installed. 32.5.4.2 Smoke Detection. 32.5.4.2.1 Smoke alarms shall be installed in accordance with the provisions of 9.6.2.10. Any additional detection/alarm devices shall be as established by O.C.G.A. 25-2-40. 32.5.4.2.2 Smoke alarms shall be installed on all levels, including basements but excluding crawl spaces and unfinished attics. 32.5.4.2.3 Additional smoke alarms shall be installed for all living areas as defined in 3.3.119 3.3.21.5. 32.5.4.2.4 Strobe alarms shall be used when required by the needs of the resident, e.g., for hearing impaired persons. 32.5.4.3 Carbon Monoxide Detectors. 32.5.4.3.1 Carbon monoxide detectors shall be provided in the residence where natural gas, LP gas or heating oil is used to heat the residence. 32.5.4.3.2 Carbon monoxide detectors shall be provided in the residence if a solid fuel-burning fireplace is installed in the residence. 32.5.5 Protection. 32.5.5.1 Portable Fire Extinguishers. Portable fire extinguishers in accordance with 9.7.47.1 shall be provided near hazardous areas. 32.5.5.1.1 At least one 2A rated multipurpose ABC fire extinguisher shall be provided on each occupied floor and in the basement that shall be readily accessible.

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32.5.5.1.2 Required portable fire extinguishers shall be inspected and maintained annually by a licensed fire safety technician annually in accordance with NFPA 10.
32.5.5.1.3 Monthly quick check inspections shall be conducted by the staff of the Community Living Arrangement to ensure they are charged and in operable condition.
32.5.6 Heating, Ventilation and Air Conditioning. 32.5.6.1 Portable space heaters shall not be used. 32.5.6.2 Fire screens and protective devices shall be used with fireplaces, stoves and fixed heaters. 32.5.6.3 A water temperature monitor or a scald valve shall be installed where necessary to ensure the safety of the residents. Heated water provided for use of residents shall not exceed 120 degrees Fahrenheit at the hot water fixture, unless a cooler temperature is required by the needs of the individual. 32.5.7 Operating Features. 32.5.7.1 Staffing. The Community Living Arrangement shall have as many qualified and trained employees on duty as shall be needed to safeguard properly the health, safety, and welfare of residents and ensure the provision of services the residents require to be delivered in the Community Living Arrangement. 32.5.7.1.1 Before working independently with residents, each staff member shall be trained and show continuing evidence of competence in fire safety and emergency evacuation procedures. A resident shall not be considered a staff person in the residence in which they live. (Refer to Chapter 4 of the International Fire Code regarding care-giver minimum training requirements.) 32.5.7.2 Evacuation Capabilities. Community Living Arrangement shall maintain a staffing ratio sufficient to ensure that all residents can successfully respond to a fire or other emergency using self-preservation or assisted preservation measures as defined by 120-3-3-.03 of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. Residents who cannot successfully respond shall be provided with a minimum of one dedicated employee whose primary responsibility is to provide evacuation of the resident in the event of a fire or other emergency. The dedicated employee/employees shall be in close attendance to the affected resident at all times. 32.5.7.3 Drills. Fire drills shall be conducted at least quarterly on each shift. At least two drills per calendar year shall be during sleeping hours. All fire drills shall be documented with staffing involved. (See Chapter 4 of the International Fire Code regarding fire and emergency evacuation drills.) 32.5.7.4 Procedures. There shall be established procedures and mechanisms for alerting and caring for residents in case of emergencies and for evacuating them to safety. An evacuation plan with clear instructions shall be available within each resident room. Each sleeping room shall have a secondary exit, which may be a door or a window usable for escape."

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33. Delete subsections 32.7.1, 32.7.2, and 32.7.3 in their entirety and substitute in their place the following:
"32.7.1 Emergency Planning and Preparedness. Residential board and care facilities (Group I-1 and R-4 occupancies), including personal care homes and community living arrangements shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, resident training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner. The specific provisions of 32.5.7 shall also apply to community living arrangements."
34. Delete subsection 32.7.4 in its entirety and substitute in its place the following: "32.7.4 Smoking. Smoking regulations shall be adopted and shall include the following minimal provisions. 32.7.4.1 Smoking shall be prohibited in any room, area or compartment where flammable liquids, combustible gases, or oxygen are used or stored and in any other hazardous location. Such areas shall be posted with 'NO SMOKING' signs. 32.7.4.2 Smoking by residents classified as not responsible shall be prohibited, Exception unless the resident is under direct supervision. 32.7.4.3 Ashtrays of noncombustible material and safe design shall be provided in all areas where smoking is permitted. 32.7.4.4 Metal containers with self-closing cover devices into which ashtrays may be emptied shall be readily available in all areas where smoking is permitted." 35. Add a new paragraph 33.7.5.4 to read as follows: "32.7.5.4 Wastebaskets and other waste containers shall be of noncombustible or other approved materials." (cc) Modifications to Chapter 33: 1. Delete paragraphs 33.1.4.1 and 33.1.4.2 in their entirety and substitute in their place the following: "33.1.4.1 General. For definitions see Chapter 3, Definitions and 120-3-3-.03 of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner (RRSFC). Where there is a difference in definitions, the definitions in 120-3-3-.03 shall prevail. 33.1.4.2 Special Definitions. (1) Broad and Care Occupancies, Residential. See RRSFC 120-3-3-.03. (2) Community Living Arrangement. See RRSFC 120-3-3-.03 (3) Evacuation Capability, Impractical. See RRSFC 120-3-3-.03. (4) Evacuation Capability, Prompt. See RRSFC 120-3-3.03. (5) Evacuation Capability, Slow. See RRSFC 120-3-3-.03. (6) Personal Care. See RRSFC 120-3-3-.03. (7) Personal Care Home. See RRSFC 120-3-3-.03. (8) Self-preservation. See RRSFC 120-3-3-.03.

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2. Add new subparagraphs 33.1.1.4.1 through 33.1.1.4.3 to read as follows: "33.1.1.4.1 Community Living Arrangements for five to six residents shall comply with the requirements of Sections 33.2 and 33.5 33.1.1.4.2 Community Living Arrangements for seven or more residents shall comply with the requirements of Sections 33.3 and 33.5. 33.1.1.4.3 Refer to 120-3-3-.03 for the definition of a "Community Living Arrangement." 33.1.1.4.4 Existing large personal care homes with 25 or more residents desiring to be licensed as an Assisted Living Community or as a Memory Care Unit, both as defined in 120-3-3-.03 of the Rules and Regulations of the Safety Fire Commissioner, shall meet the requirements for a conversion to a large residential board and care occupancy and the applicable provisions for assisted living communities or memory care units as set forth by Chapter 35 of this Code. (Also defined in RRSFC 120-3-3-.03)." 3. Delete paragraph 33.1.1.5 in its entirety and substitute in its place the following: "33.1.1.5 All existing facilities classified as residential board and care occupancies shall conform to the requirements of this chapter. This chapter is divided into six sections as follows: (1) Section 33.1 General Requirements. (2) Section 33.2 Small Facilities (sleeping accommodations for not more than six residents. Includes small personal care homes and community living arrangements.) (3) Section 33.3 Large Facilities (sleeping accommodations for seven or more residents. This includes existing "personal care homes" as defined in section 120-3-3-.03 of Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner, and not licensed as an "Assisted Living Community" or "Memory Care Unit" (4) Section 33.4 Additional minimum requirements for an Apartment Building Housing a Board and Care Occupancy. (5) Section 33.5 Community Living Arrangement Facilities (6) Section 33.7 Operating Features." 4. Add a new subsection 33.1.9 to read as follows: "33.1.9 Classification of Hazards of Contents. Contents of Residential Board and Care occupancies shall be classified in accordance with the provisions of Section 6.2." 5. Delete paragraph 33.2.1.1 in its entirety and substitute in its place the following: "33.2.1.1 Scope. This section applies to residential board and care occupancies, including community living arrangements with 5 to 6 residents and personal care homes providing sleeping accommodations for not more than six residents. Where there are sleeping accommodations for more than six residents of a residential board and care occupancy or a community living arrangement more than 6, the occupancy shall be classed as a large facility. The requirements for large facilities are found in Section 33.3." 6. Add a new paragraph 33.2.1.4 to read as follows: "33.2.1.4 Occupant Load. The occupant load of small Residential Board and Care occupancies (personal care occupancies) or any individual story or section thereof for the purpose of determining exits shall be the maximum number of persons intended to occupy

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the floor on the basis of the occupant load factors of Table 7.3.1.2. (Also see 3.3.21.2.1 for Gross Floor Area.)"
7. Add a new subparagraph 33.2.3.2.6 to read as follows: "33.2.3.2.6 Residential cooking appliances such as stoves and griddles shall be protected by listed self-contained residential fire suppression systems located in residential hoods over each cooking surface, with the exhaust hood vented directly to the outside. Automatic disconnects of the fuel source or power source shall be provided. Commercial cooking appliances including fryers shall be protected in accordance with 9.2.3 and shall not be required to have openings protected between food preparation areas and dining areas. "33.2.3.2.6.1 Subject to the approval of the authority having jurisdiction, the protection of residential cooking equipment shall not be required in buildings protected by an automatic sprinkler system as provided in 33.2.3.5. The exhaust hood is still required to be vented to the outside. "33.2.3.2.6.2 No protection is required over residential cooking appliances such as grills and stoves in facilities which have prompt evacuation capability and have a licensed capacity as determined by the Department of Community Health of six or less residents." 8. Add new subparagraph 33.2.3.4.3.1 to read as follows: "33.2.3.4.3.1 Strobe alarms shall be used when required by the needs of the resident, e.g., for hearing impaired persons." 9. Delete subparagraphs 33.2.3.4.3.6, 33.2.3.4.3.7, and 33.2.3.4.3.8 in their entirety. 10. Add a new subparagraph 33.2.3.4.3.1.1to read as follows: "33.2.3.4.3.1.1 The provisions of 9.6.2.10.2.1 and 9.6.2.10.2.2 shall also apply." 11. Add a new subparagraph 33.2.3.4.3.6.1 to read as follows: "33.2.3.4.3.6.1 The provisions of 9.6.2.10.2.1 and 9.6.2.10.2.2 shall also apply." 12. Add new subparagraph 3 3.2.3.4.4 to read as follows: "33.2.3.4.4 Carbon Monoxide Detectors. Carbon monoxide detectors shall be provided in all community living arrangements where natural gas, LP gas or heating oil is used to heat the residence or where a solid fuel-burning appliance is located in the residence." 13. Delete subparagraph 33.2.3.5.3.7 in its entirety and substitute in its place the following: "33.2.3.5.3.7 Impractical and Slow Evacuation Capability. All slow and impractical evacuation capability facilities shall be protected throughout by an approved, supervised automatic sprinkler system installed in accordance with 33.2.3.5.3." 14. Add new subparagraph 33.2.5.2.4 to read as follows: "33.2.5.2.4 Portable electric and liquefied petroleum gas or liquid fuel fired space heating devices designed to be portable are prohibited in all portions of small residential board and care occupancies, including personal care homes and community living arrangements. 33.2.5.2.4.1 In emergency conditions when approved by the authority having jurisdiction, equipment designed to be portable may be used for a specified time provided such equipment is properly protected and separated from combustibles as specified by the manufactures instructions and the authority having jurisdiction."

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15. Add a new subsection 33.2.6 to read as follows: "33.2.6 Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all residential board and care occupancies, personal care homes or community living arrangement facilities as follows. 33.2.6.1 Portable fire extinguishers in accordance with 9.7.47.1 shall be provided near hazardous areas. Also, at least one 2A rated multipurpose ABC fire extinguisher shall be provided on each occupied floor and in the basement, and they shall be readily accessible. 33.2.6.1.2 Required portable fire extinguishers shall be inspected and maintained at least annually by a licensed fire safety technician in accordance with NFPA 10. 33.6.5.1.3 Monthly quick check inspections shall be conducted by the staff of the Community Living Arrangement to ensure they are charged and in operable condition." 16. Delete paragraph 33.3.1.1.1 in its entirety and substitute in its place the following: "33.3.1.1.1 Scope. This section applies to residential board and care occupancies, including personal care homes and community living arrangements providing sleeping accommodations for 7 or more residents. Where there are sleeping accommodations for six or less residents or a community living arrangement for 5 to 6 residents, the occupancy shall be classed as a small facility. The requirements for small facilities are found in Section 33.2." 17. Delete 33.3.1.2.2* in its entirety and substitute in its place the following: "33.3.1.2.2* Impractical. Large facilities classified as impractical evacuation capability shall meet the requirements of 33.3 for impractical evacuation capability, or the requirements for new large facilities in Chapter 32, unless the authority having jurisdiction has determined equivalent safety is provided in accordance with Section 1.4." 18. Add a new subsection 33.1.4 to read as follows: "33.3.1.4 Occupant Load. The occupant load of small Residential Board and Care occupancies or Personal Care occupancies or any individual story or section thereof for the purpose of determining exits shall be the maximum number of persons intended to occupy the floor as determined on the basis of the occupant load factors of Table 7.3.1.2. Gross floor area shall be measured within the exterior building walls with no deductions. (See 3.3.21.2.1)." 19. Add a new subparagraph 33.3.3.1.1.4 to read as follows: "33.3.3.1.1.4 Enclosure of stairs, smoke proof towers and exit passageways in buildings existing prior to April 15, 1986, shall be fire barriers of at least 20-minute fire-resistance rating with all openings protected in accordance with paragraph 8.3.4.4 of this Code in buildings less than three stories in height. In buildings existing prior to April 15, 1986, more than three stories in height, the enclosure shall not be less than a 1-hour fire-resistance rating with all openings protected in accordance with paragraph 8.3.4.4 of this Code." 20. Add a new exception to subparagraph 33.3.2.2.2(7) to read as follows: "33.3.2.2.2(7) Doors to resident rooms may be subject to being locked by the occupant, if they can be unlocked from the opposite side and keys are carried by staff at all times. Additional keys must be available to and accessible by the staff."

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21. Delete subparagraph 33.3.2.5.4 in its entirety and substitute in its place the following: "33.3.2.5.4 No dead-end corridor shall exceed 35 feet (10.7 m)." 22. Delete subparagraph 33.3.2.6.3.3 in its entirety and substitute in its place the following: "33.3.2.6.3.3 Travel distance to exits shall not exceed 150 feet (45.7 m) if the exit access and any portion of the building that is tributary to the exit access are protected throughout by approved automatic sprinkler systems. In addition, the portion of the building in which the 150 feet (45.7 m) travel distance is permitted shall be separated from the remainder of the building by construction having not less than a 1-hour fire-resistance rating for buildings not greater than three stories in height and 2-hour for buildings greater than three stories in height." 23. Add a new subparagraph 3 3.3.2.6.3.4 to read as follows: "33.3.2.6.3.4 No residents shall be located on floors below the level of exit discharge. 33.3.2.6.3.4.1 In facilities existing prior to April 15, 1986, any floor below the level of exit discharge occupied for public purposes shall have exits arranged such that it will not be necessary to travel more than 100 feet (30.5 m) from the door of any room to reach the nearest exit." 24. Add a new subparagraph 33.3.2.6.4 to read as follows: "33.3.2.6.4 Any floor below the level of exit discharge not open to the public and used only for mechanical equipment, storage, and service operations (other than kitchens which are considered part of the residential board and care occupancies) shall have exits appropriate to its actual occupancy in accordance with other applicable sections of this Code." 25. Add a new subparagraph 33.3.2.7.1 to read as follows: "33.3.2.7.1 At least half of the required exit capacity of upper floors, exclusive of horizontal exits, shall lead directly to the street or through a yard, court, or passageway with protected openings and separated from all parts of the interior of the building." 26. Delete paragraph 33.3.2.9 in its entirety and substitute in its place the following: "33.3.2.9 Emergency Lighting. Emergency lighting in accordance with Section 7.9 of the Code shall be provided in means of egress and common areas in all residential board and care occupancies. 33.3.2.9.1 Where each guestroom has a direct exit to the outside of the building at ground level, no emergency lighting shall be required." 27. Delete 33.3.2.11.1 and insert a new subparagraph 33.3.2.11.1 to read as follows: "33.3.2.11.1 Every stairwell door shall allow re-entry from the stairwell to the interior of the building or an automatic release shall be provided to unlock all stairwell doors to allow re-entry. Such automatic release shall be actuated with the initiation of the building fire alarm system or upon loss of power." 28. Add a new subparagraph 33.3.2.11.4 to read as follows: "33.3.2.11.4 Stairway enclosures shall not be required where a one-story stair connects two levels within a single dwelling unit, resident room or suite."

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29. Add a new subparagraph 33.3.3.1.4 to read as follows: "33.3.3.1.4 Any required exit stair which is so located such that it is necessary to pass through the lobby or other open space to reach the outside of the building shall be continuously enclosed down to the lobby level, or to a mezzanine within the lobby. 33.3.3.1.4.1 In existing two-story buildings only, the second floor level may be fire stopped with a fire barrier having at least a 1-hour fire-resistance rating. Vision panels not exceeding 1,296 square inches (8361 cu cm) and installed in steel frames shall be provided in the doors of the fire barrier." 30. Add two new subparagraphs 33.3.3.2.2.1 and 33.3.3.2.2.2 to read as follows: "33.3.3.2.2.1 The provisions of 33.3.3.2.2 shall not apply to rooms enclosing air handling equipment compressor equipment, furnaces or other heating equipment with a total aggregate input rating less than 200,000 BTU input. Such rooms shall not be used for any combustible storage. A minimum of 30 inches (0.76 m) unobstructed access shall be provided and maintained to equipment and electrical or emergency control panels or devices for emergency response purposes." 33.3.3.2.2.2 The provisions of 33.3.3.2.2 shall not apply in existing residential board and care occupancies constructed prior to April 15, 1986, with regard to the location of the equipment only." 31. Add a new subparagraph 33.3.3.2.4 to read as follows: "33.3.3.2.4 A personal care home having a licensed capacity as determined by the Department of Community Health of 16 or less residents shall have residential cooking appliances such as stoves and griddles protected by a listed self-contained residential fire suppression system located in residential hood over each cooking surface, with the exhaust hood vented directly to the outside. Automatic disconnects of the fuel source or power source shall be provided. Commercial cooking appliances including fryers shall be protected in accordance with 9.2.3 and shall not be required to have openings protected between food preparation areas and dining areas. 33.3.3.2.4.1 A personal care home constructed prior to January 28, 1993, and having a licensed capacity as determined by the Department of Community Health of 16 or less residents may have food preparation facilities in accordance with NFPA 91, Standard for Exhaust Systems for Conveying of Vapors, Gases, Mists, and Noncombustible Particulate Solids, 1983 edition. 33.3.3.2.4.2 A personal care home constructed prior to January 28, 1993, and having a licensed capacity as determined by the Department of Community Health of 16 residents or less may have food preparation facilities which have a ventilating hood meeting the provisions of NFPA 54, National Fuel Gas Code, as specified in Chapters 120-3 -1 4 and 120-3 -1 6, of the Rules and Regulations of the Safety Fire Commissioner, and NFPA 91, Standard for Exhaust Systems for Conveying of Vapors, Gases, Mists, and Noncombustible Particulate Solids, as specified in Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner.

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33.3.3.2.4.3 Subject to the approval of the authority having jurisdiction, the protection of residential cooking equipment shall not be required in buildings protected by an automatic sprinkler system as provided in 32.2.3.5. The exhaust hood is still required to be vented to the outside."
32. Add a new subparagraph 33.3.3.4.7.1.1 to read as follows: "33.3.3.4.7.1.1 Strobe alarms shall be used when required by the needs of the resident, e.g., for hearing impaired persons located in Community Living Arrangements." 33. Delete subparagraph 33.3.3.4.7.2 in its entirety and substitute in its place the following: "33.3.3.4.7.2 The provisions of 9.6.2.10.2.1 and 9.6.2.10.2.2 shall also apply." 34. Delete subparagraph 33.3.3.4.8 in its entirety and substitute in its place the following: "33.3.3.4.8 Smoke Detection Systems. All corridors and common spaces shall be provided with smoke detectors in accordance with NFPA 72, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner, arranged to initiate the fire alarm such that it is audible in all sleeping areas. Detectors shall be located in corridors or hallway so there is a detector within 15 feet (4.6 m) of the wall and at least every 30 feet (9.1 m) thereafter. Where a building has more than one floor level, a detector shall be located at the top of each stair and inside each enclosure. (Refer to 3.3.184) 33.3.3.4.8.2 Smoke detection systems may be excluded from crawl spaces beneath the building and unused and unfinished attics. 33.3.3.4.8.3 Smoke detection systems shall not be required in unenclosed corridors, passageways, balconies, colonnades, or other arrangements where one or more sides along the long dimension are fully or extensively open to the exterior at all times." 35. Delete subparagraph 33.3.3.5.2 in its entirety and substitute in its place the following: "33.3.3.5.2 Sprinkler installation may be omitted in bathrooms where the area does not exceed 55 square feet (5.1 sq. m) and the walls and ceilings, including behind fixtures, are of noncombustible or limited combustible materials providing a 15-minute thermal barrier or in clothes closets, linen closets, and pantries within the facility where the area of the space does not exceed 24 square feet (2.2 sq. m) and the least dimension does not exceed 3 feet (0.91 m) and the walls and ceilings are surfaced with noncombustible or limited combustible materials as defined by NFPA 220, Standard on Types of Building Construction, as specified in Chapter 120-3 -3, Rules and Regulations of the Safety Fire Commissioner." 36. Delete subparagraph 33.3.3.5.1.3 in its entirety and substitute in its place the following: "33.3.3.5.1.3 Automatic sprinklers installed in accordance with NFPA 13D, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes, 1991 edition, as modified by Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner, which were in effect shall be acceptable as a complying sprinkler system." 37. Add a new subparagraph 33.3.3.5.1.4 to read as follows: "33.3.3.5.1.4 Automatic sprinkler systems installed in existing facilities prior to November 1, 1987, may be continued in use subject to the approval of the authority having jurisdiction as defined in paragraph 3.2.2 of the Code."

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38. Add new subparagraph 33.3.3.4.9 to read as follows: "33.3.3.4.9 Carbon Monoxide Detectors. Carbon monoxide detectors shall be provided in all community living arrangements where natural gas, LP gas or heating oil is used to heat the residence or where a solid fuel-burning appliance is located in the residence." 39. Delete subparagraph 33.3.3.5.7 in its entirety and substitute in its place the following: "33.3.3.5.7 Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all residential board and care occupancies and on each floor of a community living arrangement facility in accordance with 9.7.4.1." 40. Delete subparagraph 33.3.3.6.1 and subparagraphs to 33.3.3.6.1 in their entirety and substitute in its place the following: "33.3.3.6.1 Access shall be provided from every resident use area to not less than one means of egress that is separated from all other rooms or spaces by walls complying with 33.3.3.6.3 through 33.3.3.6.6.3." 41. Delete subparagraph 33.3.3.6.3 in its entirety and substitute in its place the following: "33.3.3.6.3 Fire barriers required by 33.3.3.6.1 and 33.3.3.6.2 shall have a fire-resistance rating of not less than 30 minutes. Fixed fire window assemblies in accordance with 8.3.3 shall be permitted. 33.5.3.6.3.1 The provisions of 33.3.3.6.3 shall not apply where the resident room has a door providing direct exiting at grade or to an open air balcony leading to exiting at grade." 42. Delete subparagraph 33.3.3.6.4 in its entirety and substitute in its place the following: "33.3.3.6.4 Doors in fire barriers required by 33.3.3.6.1 or 33.3.3.6.2 shall have a fire protection rating of not less than twenty (20) minutes and shall have positive latching. 33.3.3.6.4.1 Existing 1 3/4 inch (44.5 mm) thick, solid bonded wood core doors shall be permitted to continue to be used. These doors shall be positive latching. 33.3.3.6.4.2 Walls that are required only to resist the passage of smoke, without a fire-resistance rating, shall be permitted to have doors that resist the passage of smoke without a fire protection rating. These doors shall be positive latching. 33.3.3.6.4.3 In existing personal care occupancies existing prior to April 15, 1986, the doors shall be constructed to resist the passage of smoke and shall be a least equal in fire protection to a 1 1/4 inch (31.8 mm) thick solid bonded core wood door and shall have positive latching." 43. Delete subparagraph 33.3.3.6.5 in its entirety and substitute in its place the following: "33.3.3.6.5 Walls and doors required by 33.3.3.6.1 and 33.3.3.6.2 shall be constructed to resist the passage of fire and smoke for not less than 30 minutes. There shall be no louvers, transfer grilles, operable transoms, or other air passages penetrating such walls or doors except properly installed heating and utility installations. Unprotected openings shall be prohibited in partitions of interior corridors serving as exit access from resident rooms. Transfer grilles, whether protected by fusible link operated dampers or not, shall not be used in corridor walls or doors between resident rooms and interior corridors.

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"33.3.3.6.5.1 Existing transoms installed in corridor partitions of resident rooms shall be fixed in the closed position and shall be covered or otherwise protected to provide a fire-resistance rating at least equivalent to that of the wall in which they are installed."
44. Add new subparagraph 33.3.6.2.4 to read as follows: "33.3.6.2.4 Portable electric and liquefied petroleum gas or liquid fuel fire space heating devices designed to be portable are prohibited in all portions of large residential board and care occupancies. 33.3.6.2.4.1 In emergency conditions when approved by the authority having jurisdiction, equipment designed to be portable may be used for a specified time provided such equipment is properly protected and separated from combustibles as specified by the manufactures instructions and the authority having jurisdiction." 45. Delete subsection 33.5 in its entirety and substitute in its place the following: "33.5 Community Living Arrangement Facilities. 33.5.1 General. The following shall be provided in addition to the requirements of this Chapter for facilities subject to being licensed as a Community Living Arrangement. Where there are conflicts in requirements specified elsewhere in this Chapter, the requirements specified under Section 33.5 shall prevail. 33.5.2 Address identification. Community Living Arrangement structures shall have approved address numbers, building numbers or approved building identification placed in accordance with the provisions of the International Fire Code. 33.5.3 Means of Egress. 33.5.3.1 A Community Living Arrangement serving a resident dependent upon a wheelchair or other mechanical device for mobility shall provide at least two (2) exits from the Community Living Arrangement, remote from each other, which are accessible to the residents. 33.5.3.2 Bedrooms for residents shall be separated from halls, corridors and other rooms by floor to ceiling walls. capable of resisting fire for not less than 1/2-hour, which is considered to be achieved if the partitioning is finished on both sides with lath and plaster or materials providing a 15-minute thermal barrier. Sleeping room doors shall be substantial doors, such as those of 1 3/4-in. (4.4-cm) thick, solid-bonded wood core construction or other construction of equal or greater stability and fire integrity. Any vision panels shall be fixed fire window assemblies in accordance with 8.3.3 or shall be wired glass not exceeding 1296 in.2 (0.84 m2) each in area and installed in approved frames. 33.5.3.3 A room shall not be used as a bedroom where more than one-half the room height is below ground level. 33.5.3.4 Bedrooms which are partially below ground level shall have adequate natural light and ventilation and be provided with two useful means of egress. 33.5.3.5 Bedrooms occupied by residents shall have doors that can be closed. Doors shall be not less than 32 in. (81 cm) wide. 33.5.3.6 Any door in the path of travel of a means of means of egress or escape shall be not less than 32 in. (81 cm) wide.

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33.5.3.7 Residents who need assistance with ambulation shall be provided bedrooms that have access to a ground-level exit to the outside or provided bedrooms above ground level that have access to exits with easily negotiable ramps or easily accessible lifts.
33.5.3.8 Locks. 33.5.3.8.1 Bedrooms may have locks on doors provided both the occupant and staff are provided with keys to ensure easy entry. Double-cylinder locks (locks requiring a key on both sides) are prohibited be used on the bedroom door of a resident. 33.5.3.8.2 Exterior doors shall be equipped with locks that do not require keys to open the door from the inside. 33.5.3.9 Number of Means of Escape. In any dwelling or dwelling unit of two rooms or more, every sleeping room and every living area shall have not less than one primary means of escape and one secondary means of escape. 33.5.3.9.1 A secondary means of escape shall not be required where the bedroom or living area has a door leading directly to the outside of the building at or to grade level. 33.5.4 Detection and Alarm Systems 33.5.4.1 A fire alarm system meeting the minimum requirements for Single- and Multiple Station Alarms and Household Fire Alarm Systems per NFPA 72, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner, shall be installed. 33.5.4.2 Smoke Detection. 33.5.4.2.1 Smoke alarms shall be installed in accordance with the provisions of 9.6.2.10. Any additional detection/alarm devices shall be as established by O.C.G.A. 25-2-40. 33.5.4.2.2 Smoke alarms shall be installed on all levels, including basements but excluding crawl spaces and unfinished attics. 33.5.4.2.3 Additional smoke alarms shall be installed for all living areas as defined in 3.3.21.5. 33.5.4.2.4 Strobe alarms shall be used when required by the needs of the resident, e.g., for hearing impaired persons. 33.5.4.3 Carbon Monoxide Detectors. 33.5.4.3.1 Carbon monoxide detectors shall be provided in the residence where natural gas, LP gas or heating oil is used to heat the residence. 33.5.4.3.2 Carbon monoxide detectors shall be provided in the residence if a solid fuelburning fireplace is installed the residence 33.5.5 Protection. 33.5.5.1 Portable Fire Extinguishers. Portable fire extinguishers in accordance with 9.7.47.1 shall be provided near hazardous areas. 33.5.5.1.1 At least one 2A rated multipurpose ABC fire extinguisher shall be provided on each occupied floor and in the basement that shall be readily accessible. 33.5.5.1.2 Required portable fire extinguishers shall be inspected and maintained annually by a state licensed or permitted fire extinguisher technician annually in accordance with

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NFPA 10, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner.
33.5.5.1.3 Monthly quick check inspections shall be conducted by the staff of the Community Living Arrangement to ensure they are charged and in operable condition.
33.5.6 Heating, Ventilation and Air Conditioning. 33.5.6.1 Space heaters shall not be used. 33.5.6.2 Fire screens and protective devices shall be used with fireplaces, stoves, and heaters. 33.5.6.3 A water temperature monitor or a scald valve shall be installed where necessary to ensure the safety of the residents. Heated water provided for use of residents shall not exceed 120 degrees Fahrenheit at the hot water fixture, unless a cooler temperature is required by the needs of the individual. 33.5.7 Operating Features. 33.5.7.1 Staffing. The Community Living Arrangement shall have as many qualified and trained employees on duty as shall be needed to safeguard properly the health, safety, and welfare of residents and ensure the provision of services the residents require to be delivered in the Community Living Arrangement. 33.5.7.1.1 Before working independently with residents, each staff member shall be trained and show continuing evidence of competence in fire safety and emergency evacuation procedures. A resident shall not be considered a staff person in the residence in which they live. (See Chapter 4 of the International Fire Code, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner.) 33.5.7.2 Evacuation Capabilities. Community Living Arrangement shall maintain a staffing ratio sufficient to ensure that all residents can meet a prompt evacuation capability as defined in 120-3-3-.03 of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. Residents who cannot meet a prompt evacuation capability classification shall be provided with a minimum of one dedicated employee whose primary responsibility is to provide evacuation of the resident in the event of a fire or other emergency. The dedicated employee/employees shall be in close attendance at all times. 33.5.7.3 Drills. Fire drills shall be conducted at least quarterly on each shift. At least two drills per calendar year shall be during sleeping hours. All fire drills shall be documented with staffing involved. (See Chapter 4 of the International Fire Code, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner.) 33.5.7.4 Procedures. There shall be established procedures and mechanisms for alerting and caring for residents in case of emergencies and for evacuating them to safety. An evacuation plan with clear instructions shall be available within each residence. Each sleeping room shall have a secondary exit, which may be a door or a window usable for escape."

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46. Delete subsections 33.7.1, 33.7.2, and 33.7.3 in their entirety and substitute in their place the following:
"33.7.1 Emergency Planning and Preparedness. Residential board and care facilities (Group II and R-4 occupancies), including community living arrangements and personal care homes, shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, resident training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner."
47. Delete subsection 33.7.4 in its entirety and substitute in their place the following: "33.7.4 Smoking. Smoking regulations shall be adopted and shall include the following minimal provisions. 33.7.4.1 Smoking shall be prohibited in any room, area or compartment where flammable liquids, combustible gases, or oxygen are used or stored and in any other hazardous location. Such areas shall be posted with "NO SMOKING" signs. 33.7.4.2 Smoking by residents classified as not responsible shall be prohibited. 33.7.4.2.1 When the resident is under direct supervision. 33.7.4.3 Ashtrays of noncombustible material and safe design shall be provided in all areas where smoking is permitted. 33.7.4.4 Metal containers with self-closing cover devices into which ashtrays may be emptied shall be readily available in all areas where smoking is permitted." 48. Add a new paragraph 33.7.5.4 to read as follows: "33.7.5.4 Waste Containers. Wastebaskets and other waste containers shall be of noncombustible or other approved materials." (dd) Modifications to reserved Chapter 34. 1. Insert a new Chapter 34 to read as follows: "Chapter 34 New Assisted Living Community Occupancies 34.1 General Requirements. 34.1.1 Application. 34.1.1.1 General. 34.1.1.1.1 The requirements of this chapter shall apply to new buildings or portions thereof used as assisted living community occupancies. New buildings or portions thereof used as assisted living community occupancies shall be permitted to meet all the requirements for a limited health care occupancy as prescribed in chapter 18 of this Code in lieu of this chapter. (See 1.3.1). 34.1.1.1.2 Administration. The provisions of Chapter 1, Administration, shall apply. 34.1.1.1.3 General. The provisions of Chapter 4, General, shall apply. 34.1.1.1.4 Buildings, or sections of buildings, that primarily house residents who, in the opinion of the governing body of the facility and the governmental agency having jurisdiction, are capable of exercising judgment and appropriate physical action for self-preservation under emergency conditions shall be permitted to comply with the

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provisions of Chapter 32 provided they are separated by a fire barrier having not less than a 1-hour fire resistance rating and constructed of materials as required for the addition.
34.1.1.1.5 It shall be recognized that, in buildings providing care for certain types of residents or having a security section, it might be necessary to lock doors and bar windows to confine and protect building inhabitants. In such instances, the authority having jurisdiction shall require appropriate modifications to those sections of this Code that would otherwise require means of egress to be kept unlocked.
34.1.1.1.6* The requirements of this chapter shall apply based on the assumption that staff is available in all resident-occupied areas to perform certain fire safety functions as required in other paragraphs of this chapter.
34.1.1.2* Goals and Objectives. The goals and objectives of Sections 4.1 and 4.2 shall be met with due consideration for functional requirements, which are accomplished by limiting the development and spread of a fire to the room of fire origin and reducing the need for occupant evacuation, except from the room of fire origin.
34.1.1.3 Total Concept. 34.1.1.3.1 All assisted living community facilities shall be designed, constructed, maintained, and operated to minimize the possibility of a fire emergency requiring the evacuation of occupants. 34.1.1.3.2 Because the safety of assisted living community occupants cannot be ensured adequately by dependence on evacuation of the building, their protection from fire shall be provided by appropriate arrangement of facilities; adequate, trained staff; and development of operating and maintenance procedures composed of the following: (1) Design, construction, and compartmentation (2) Provision for detection, alarm, and extinguishment (3) Fire prevention and planning, training, and drilling programs for the isolation of fire, transfer of occupants to areas of refuge, or evacuation of the building 34.1.1.4 Additions, Conversions, Modernization, Renovation, and Construction Operations. 34.1.1.4.1 Additions. 34.1.1.4.1.1 Additions shall be separated from any existing structure not conforming to the provisions within Chapter 34 by a fire barrier having not less than a 2-hour fire resistance rating and constructed of materials as required for the addition. (See 4.6.5 and 4.6.7.) 34.1.1.4.1.2 Doors in barriers required by 34.1.1.4.1.1 shall normally be kept closed, unless otherwise permitted by 34.1.1.4.1.3. 34.1.1.4.1.3 Doors shall be permitted to be held open if they meet the requirements of 34.2.2.4. 34.1.1.4.2 Conversion. For the purposes of this chapter, exceptions for conversions shall apply only for a change of occupancy from an existing health care occupancy to an assisted living community occupancy. 34.1.1.4.3 Changes of Occupancy. A change from a personal care home to an assisted living community occupancy shall be considered a change in occupancy or occupancy

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sub-classification and would be required to meet the provisions of this Chapter for new construction.
34.1.1.4.4 Renovations, Alterations, and Modernizations. See 4.6.7. 34.1.1.4.5 Construction, Repair, and Improvement Operations. See 4.6.10. 34.1.2 Classification of Occupancy. See 6.1.5.2 and 34.1.4.2. 34.1.3 Multiple Occupancies. 34.1.3.1 Multiple occupancies shall comply with 6.1.14 in buildings other than those meeting the requirement of 34.1.3.2. 34.1.3.2* Sections of assisted living community facilities shall be permitted to be classified as other occupancies, provided that they meet both of the following conditions: (1) They are not intended to serve assisted living community occupants or have customary access by assisted living community residents who are incapable of self-preservation. (2) They are separated from areas of assisted living community occupancies by construction having a minimum 2-hour fire resistance rating. 34.1.3.3 The requirement of 34.1.3.1 shall not apply to apartment buildings housing assisted living community occupancies in conformance with Section 34.4. In such facilities, any safeguards required by Section 34.4 that are more restrictive than those for other housed occupancies shall apply only to the extent prescribed by Section 34.4. 34.1.3.4 No assisted living community occupancy shall be located above a nonresidential or non-health care occupancy, unless the assisted living community occupancy and exits therefrom are separated from the nonresidential or non-health care occupancy by construction having a minimum 2-hour fire resistance rating. 34.1.3.5 Any area with a hazard of contents classified higher than that of the assisted living community occupancy and located in the same building shall be protected as required in 34.2. 34.1.3.6 Non-residentialrelated occupancies classified as containing high hazard contents shall not be permitted in buildings housing assisted living community occupancies. 34.1.4 Definitions. 34.1.4.1 General. For definitions, see Chapter 3, Definitions. 34.1.4.2 Special Definitions. A list of special terms used in this chapter follows: (1) Assisted Living Community Occupancy. See 120-3-3-.03(4). (2) Assisted self-preservation. See 120-3-3-.03(5) (3) Evacuation Capability, Impractical. See 120-3-3-.03(7). (4) Evacuation Capability, Prompt. See 120-3-3-.03(8). (5) Evacuation Capability, Slow. See 120-3-3-.03(9). (6) Personal Care Home. See 120-3-3-.03(21). (7) Point of Safety. See 3.3.211 of this Code. (8) Thermal Barrier. See 3.3.31.3 of this Code. 34.1.5 Classification of Hazard of Contents. The classification of hazard of contents shall be as defined in Section 6.2.

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34.1.6 Minimum Construction Requirements. Assisted living community facilities shall be limited to the building construction types specified in Table 34.1.6 (see 8.2.1), based on the number of stories in height as defined in 4.6.3.

Table 34.1.6

Number of Stories - See Note b

Construction

Sprinklered

1

2

Type

See Note a

3

4-12 >12

Type I (442) a c d

Yes

No

X

X

X

X

X

N.P. N.P.

N.P.

N.P. N.P.

Type I (332) a c

Yes

X

X

X

X

X

d

No

N.P. N.P.

N.P.

N.P. N.P.

Type II(222) a c

Yes

X

X

X

X

N.P.

d

No

N.P. N.P.

N.P.

N.P. N.P.

Type II(111) a c

Yes

X

X

X

N.P. N.P.

d

No

N.P. N.P.

N.P.

N.P. N.P.

Type II(000) a

Yes

X

X

N.P.

N.P. N.P.

No

N.P. N.P.

N.P.

N.P. N.P.

Type III(211) a

Yes

X

X

N.P.

N.P. N.P.

No

N.P. N.P.

N.P.

N.P. N.P.

Type III(200) a

Yes

X

N.P.

N.P.

N.P. N.P.

No

N.P. N.P.

N.P.

N.P. N.P.

Type IV(2HH) a

Yes

No

X

X

N.P.

N.P. N.P.

N.P. N.P.

N.P.

N.P. N.P.

Type V(111) a

Yes

X

X

N.P.

N.P. N.P.

No

N.P. N.P.

N.P.

N.P. N.P.

Type V(000) a

Yes

X

N.P.

N.P.

N.P. N.P.

No

N.P. N.P.

N.P.

N.P. N.P.

X = Permitted if sprinklered as required by 32.3.3.5. NP = Not permitted. a Building shall be protected throughout by an approved supervised automatic sprinkler system installed in accordance with 9.7.1.1(1), and provided with quick response or residential sprinklers throughout. (See requirements of 34.3.5). b See requirements of 4.6.3. c See requirements of 34.1.6.2.1.

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d See requirements of 34.1.6.2.2.

34.1.6.1* Fire ResistanceRated Assemblies. Fire resistancerated assemblies shall comply with Section 8.3.
34.1.6.2 Construction Type Limitations. 34.1.6.2.1 Any building of Type I(442), Type I(332), Type II(222), or Type II(111) construction shall be permitted to include roofing systems involving combustible supports, decking, or roofing, provided that all of the following criteria are met: (1) The roof covering shall meet Class A requirements in accordance with ASTM E 108, Standard Test Methods for Fire Tests of Roof Coverings, or ANSI/UL 790, Test Methods for Fire Tests of Roof Coverings. (2) The roof shall be separated from all occupied portions of the building by a noncombustible floor assembly having not less than a 2-hour fire resistance rating that includes not less than 2 1/2 in. (63 mm) of concrete or gypsum fill. (3) The structural elements supporting the 2-hour fire resistancerated floor assembly specified in 34.1.6.2(2) shall be required to have only the fire resistance rating required of the building. 34.1.6.2.2 Any building of Type I(442), Type I(332), Type II(222), or Type II(111) construction shall be permitted to include roofing systems involving combustible supports, decking, or roofing, provided that all of the following criteria are met: (1) The roof covering shall meet Class A requirements in accordance with ASTM E 108, Standard Test Methods for Fire Tests of Roof Coverings, or ANSI/UL 790, Test Methods for Fire Tests of Roof Coverings. (2) The roof/ceiling assembly shall be constructed with fire-retardant-treated wood meeting the requirements of NFPA 220, Standard on Types of Building Construction. (3) The roof/ceiling assembly shall have the required fire resistance rating for the type of construction. 34.1.6.2.3 Any level below the level of exit discharge shall be separated from the level of exit discharge by not less than Type II(111), Type III(211), or Type V(111) construction (see 8.2.1), unless both of the following criteria are met: (1) Such levels are under the control of the assisted living community facility. (2) Any hazardous spaces are protected in accordance with Section 8.7. 34.1.6.3 All buildings with more than one level below the level of exit discharge shall have all such lower levels separated from the level of exit discharge by not less than Type II(111) construction. 34.1.6.4 Interior nonbearing walls in buildings of Type I or Type II construction shall be constructed of noncombustible or limited-combustible materials, unless otherwise permitted by 20.1.6.4. 34.1.6.5 Interior nonbearing walls required to have a minimum 2-hour fire resistance rating shall be permitted to be fire-retardant-treated wood enclosed within noncombustible or limited-combustible materials, provided that such walls are not used as shaft enclosures.

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34.1.6.6 Fire-retardant-treated wood that serves as supports for the installation of fixtures and equipment shall be permitted to be installed behind noncombustible or limited-combustible sheathing.
34.1.7 Occupant Load. The occupant load, in number of persons for whom means of egress and other provisions are required, shall be determined on the basis of the occupant load factors of Table 7.3.1.2 that are characteristic of the use of the space, or shall be determined as the maximum probable population of the space under consideration, whichever is greater.
34.2 Means of Egress Requirements. 34.2.1 General. 34.2.1.1 Means of egress from resident rooms and resident dwelling units to the outside of the building shall be in accordance with Chapter 7 and this chapter. 34.2.1.2 Means of escape within the resident room or resident dwelling unit shall comply with Section 24.2 for one- and two-family dwellings. 34.2.1.3 No means of escape or means of egress shall be considered as complying with the minimum criteria for acceptance, unless emergency evacuation drills are regularly conducted using that route in accordance with the requirements of 34.7.3. 34.2.1.4 No assisted living community occupancy shall have its sole means of egress or means of escape pass through any nonresidential or non-health care occupancy in the same building. 34.2.1.5 All means of egress from assisted living community occupancies that traverse non-assisted living community spaces shall conform to the requirements of this Code for assisted living community occupancies, unless otherwise permitted by 34.2.1.6. 34.2.1.6 Exit through a horizontal exit into other contiguous occupancies that does not conform to assisted living community egress provisions but do comply with requirements set forth in the appropriate occupancy chapter of this Code shall be permitted, provided that the occupancy does not contain high hazard contents. 34.2.1.7 Egress provisions for areas of assisted living community facilities that correspond to other occupancies shall meet the corresponding requirements of this Code for such occupancies, and, where the clinical needs of the residents necessitate the locking of means of egress, staff shall be present for the supervised release of occupants during all times of use. 34.2.2 Means of Egress Components. 34.2.2.1 Components Permitted. Components of means of egress shall be limited to the types described in 34.2.2.2 through 34.2.2.10. 34.2.2.2 Doors. Doors in means of egress shall meet all of the following criteria: (1) Doors complying with 7.2.1 shall be permitted. (2) Doors within individual rooms and suites of rooms shall be permitted to be swinging or sliding.

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(3) No door in any means of egress, other than those meeting the requirement of 34.2.2.2.1 or 34.2.2.2.2, shall be equipped with a lock or latch that requires the use of a tool or key from the egress side. 34.2.2.2.1 Delayed-egress locks in accordance with 7.2.1.6.1 shall be permitted. 34.2.2.2.2 Access-controlled egress doors in accordance with 7.2.1.6.2 shall be permitted. 34.2.2.2.3 Doors that are located in the means of egress from individual resident bedrooms or private living units shall be permitted to have locks where the clinical needs of a resident require specialized protective security measures provided that staff can readily unlock doors at all times in accordance with 34.2.2.2.4. 34.2.2.2.4 Doors that are located in the means of egress and are permitted to be locked under other provisions of 34.2.2.2.3 shall comply with both of the following: (1) Provisions shall be made for the rapid removal of occupants by means of one of the following:
(a) Remote control of locks from within the locked smoke compartment (b) Keying of all locks to keys carried by staff at all times (c) Other such reliable means available to the staff at all times (2) Only one locking device shall be permitted on each door. 34.2.2.2.5 Doors located in the means of egress that are permitted to be locked under other provisions of Chapter 34, other than those meeting the requirement of 34.2.2.2.1 or 34.2.2.2.2, shall have adequate provisions made for the rapid removal of occupants by means such as remote control of locks, keying of all locks to keys carried by staff at all times, or other such reliable means available to staff at all times. 34.2.2.2.6 Only one such locking device, as described in 34.2.2.2.5, shall be permitted on each door. 34.2.2.3 Stairs. Stairs complying with 7.2.2 shall be permitted. 34.2.2.4 Smokeproof Enclosures. Smokeproof enclosures complying with 7.2.3 shall be permitted. 34.2.2.5 Horizontal Exits. Horizontal exits complying with 7.2.4 shall be permitted. 34.2.2.6 Ramps. Ramps complying with 7.2.5 shall be permitted. 34.2.2.7 Exit Passageways. Exit passageways complying with 7.2.6 shall be permitted. 34.2.2.8 Fire Escape Ladders. Fire escape ladders complying with 7.2.9 shall be permitted. 34.2.2.9 Alternating Tread Devices. Alternating tread devices complying with 7.2.11 shall be permitted. 34.2.2.10 Areas of Refuge. Areas of refuge complying with 7.2.12 shall be permitted. 34.2.3 Capacity of Means of Egress. 34.2.3.1 The capacity of means of egress shall be in accordance with Section 7.3. 34.2.3.2 Street floor exits shall be sufficient for the occupant load of the street floor plus the required capacity of stairs and ramps discharging onto the street floor. 34.2.3.3 The width of corridors shall be sufficient for the occupant load served but shall be not less than 60 in. (1525 mm).

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34.2.4 Number of Means of Egress. 34.2.4.1 Means of egress shall comply with the following, except as otherwise permitted by 34.2.4.2: (1) The number of means of egress shall be in accordance with Section 7.4. (2) Not less than two separate exits shall be provided on every story. (3) Not less than two separate exits shall be accessible from every part of every story. 34.2.4.2 Exit access, as required by 34.2.4.1(3), shall be permitted to include a single exit access path for the distances permitted as common paths of travel by 34.2.5.2. 34.2.5 Arrangement of Means of Egress. 34.2.5.1 General. Access to all required exits shall be in accordance with Section 7.5. 34.2.5.2 Dead-end Corridors. Dead-end corridors shall not exceed 30 ft. (9.1 mm). 34.2.5.3 Common Path. Common paths of travel shall not exceed 75 ft. (23 m). 34.2.5.4 Reserved. 34.2.6 Travel Distance to Exits. 34.2.6.1 Travel distance from the door within a room, suite, or living unit to a corridor door shall not exceed 75 ft. (23 m) in buildings not protected throughout by an approved automatic sprinkler system in accordance with 34.3.5. 34.2.6.2 Travel distance from the door within a room, suite, or living unit to a corridor door shall not exceed 125 ft. (38 m) in buildings protected throughout by an approved automatic sprinkler system in accordance with 34.3.5. 34.2.6.3 Travel distance from the corridor door of any room to the nearest exit shall be in accordance with 34.2.6.3.1or 34.2.6.3.2. 34.2.6.3.1 Travel distance from the corridor door of any room to the nearest exit, measured in accordance with Section 7.6, shall not exceed 150ft. (45.72m). 34.2.6.3.2 Travel distance to exits shall not exceed 200 ft. (61 m) for exterior ways of exit access arranged in accordance with 7.5.3. 34.2.7 Discharge from Exits. Exit discharge shall comply with Section 7.7. 34.2.8 Illumination of Means of Egress. Means of egress shall be illuminated in accordance with Section 7.8. 34.2.9 Emergency Lighting. Emergency lighting in accordance with Section 7.9 shall be provided. 34.2.10 Marking of Means of Egress. Means of egress shall be marked in accordance with Section 7.10. 34.2.11 Special Means of Egress Features. 34.2.11.1 Reserved. 34.2.11.2 Lockups. Lockups in residential assisted living community occupancies shall comply with the requirements of 22.4.5. 34.3 Protection. 34.3.1 Protection of Vertical Openings. 34.3.1.1 Vertical openings shall be enclosed or protected in accordance with Section 8.6. 34.3.1.2 Unenclosed vertical openings in accordance with 8.6.9.1 shall be permitted.

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34.3.1.3 No floor below the level of exit discharge used only for storage, heating equipment, or purposes other than residential occupancy shall have unprotected openings to floors used for residential occupancy.
34.3.2 Protection from Hazards. 34.3.2.1 Rooms containing high-pressure boilers, refrigerating machinery, transformers, or other service equipment subject to possible explosion shall not be located directly under or adjacent to exits, and such rooms shall be effectively separated from other parts of the building as specified in Section 8.7. 34.3.2.2 Hazardous areas, which shall include, but shall not be limited to, the following, shall be separated from other parts of the building by construction having a minimum 1-hour fire resistance rating, with communicating openings protected by approved self-closing fire doors and be equipped with automatic fire-extinguishing systems: (1) Boiler and heater rooms (2) Laundries (3) Repair shops (4) Rooms or spaces used for storage of combustible supplies and equipment in quantities deemed hazardous by the authority having jurisdiction Exception to (1): Rooms enclosing air handling equipment, compressor equipment, furnaces or other heating equipment with a total aggregate input rating less than 200,000 BTU input. Such rooms shall not be used for any combustible storage. A minimum of 30 inches (0.76 m) unobstructed access shall be provided and maintained to equipment and electrical or emergency control panels or devices for emergency response purposes. 34.3.3* Interior Finish. 34.3.3.1 General. Interior finish shall be in accordance with Section 10.2. 34.3.3.2 Interior Wall and Ceiling Finish. Interior wall and ceiling finish materials complying with Section 10.2 shall be in accordance with the following: (1) Exit enclosures - Class A (2) Lobbies and corridors - Class B (3) Rooms and enclosed spaces - Class B 34.3.3.3 Interior Floor Finish. 34.3.3.3.1 Interior floor finish shall comply with Section 10.2. 34.3.3.3.2 Interior floor finish in exit enclosures and exit access corridors and spaces not separated from them by walls complying with 34.3.6 shall be not less than Class II. 34.3.3.3.3 Interior floor finish shall comply with 10.2.7.1 or 10.2.7.2, as applicable. 34.3.4 Detection, Alarm, and Communications Systems. 34.3.4.1 General. A fire alarm system shall be provided in accordance with Section 9.6. 34.3.4.2 Initiation. The required fire alarm system shall be initiated by each of the following: (1) Manual means in accordance with 9.6.2

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(2) Manual fire alarm box located at a convenient central control point under continuous supervision of responsible employees (3) Required automatic sprinkler system (4) Required detection system 34.3.4.3 Annunciator Panel. An annunciator panel, connected to the fire alarm system, shall be provided at a location readily accessible from the primary point of entry for emergency response personnel. 34.3.4.4 Notification. 34.3.4.4.1 Occupant Notification. Occupant notification shall be provided automatically, without delay, by internal audible alarm in accordance with 9.6.3. 34.3.4.4.2* High-Rise Buildings. High-rise buildings shall be provided with an approved emergency voice communication/alarm system in accordance with 11.8.4. 34.3.4.5* Emergency Forces Notification. Fire department notification shall be accomplished in accordance with 9.6.4. 34.3.4.6 Detection. 34.3.4.6.1 Smoke Alarms. Approved smoke alarms shall be installed in accordance with 9.6.2.10 inside every sleeping room, outside every sleeping area in the immediate vicinity of the bedrooms, and on all levels within a resident unit. 34.3.4.7 Smoke Detection Systems. 34.3.4.7.1 Corridors, spaces open to the corridors, and other spaces outside every sleeping area in the immediate vicinity of the bedrooms other than those meeting the requirement of 34.3.4.7.2, shall be provided with smoke detectors that comply with NFPA 72 , National Fire Alarm and Signaling Code, and are arranged to initiate an alarm that is audible in all sleeping areas. 34.3.4.7.2 Smoke detection systems shall not be required in unenclosed corridors, passageways, balconies, colonnades, or other arrangements with one or more sides along the long dimension fully or extensively open to the exterior at all times. 34.3.5 Extinguishment Requirements. 34.3.5.1 General. All buildings shall be protected throughout by an approved automatic sprinkler system installed in accordance with 9.7.1.1(1) and provided with quick-response or residential sprinklers throughout. 34.3.5.5 Supervision. Automatic sprinkler systems shall be provided with electrical supervision in accordance with 9.7.2. 34.3.5.7 Portable Fire Extinguishers. Portable fire extinguishers shall be provided in accordance with 9.7.4.1. 34.3.6* Corridors and Separation of Sleeping Rooms. 34.3.6.1 Access shall be provided from every resident use area to at least one means of egress that is separated from all sleeping rooms by walls complying with 34.3.6.3 through 34.3.6.6. 34.3.6.1.1 Sleeping rooms shall be separated from corridors, living areas, and kitchens by walls complying with 34.3.6.2 through 34.3.6.6.

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34.3.6.2 Walls required by 34.3.6.1 or 34.3.6.1.1 shall be smoke partitions in accordance with Section 8.4 having a minimum 1/2-hour fire resistance rating.
34.3.6.3.5 Hazardous areas shall be separated from corridors in accordance with 34.3.2. 34.3.6.4 Doors protecting corridor openings other than from resident sleeping rooms and hazardous areas shall not be required to have a fire protection rating, but shall be constructed to resist the passage of smoke. 34.3.6.4.1 Doors protecting resident sleeping rooms shall have a minimum 20-minute fire protection rating. 34.3.6.5 Door-closing devices shall not be required on doors in corridor wall openings, other than those serving exit enclosures, smoke barriers, enclosures of vertical openings, and hazardous areas. 34.3.6.6 No louvers, transfer grilles, operable transoms, or other air passages, other than properly installed heating and utility installations, shall penetrate the walls or doors specified in 34.3.6. 34.3.7 Subdivision of Building Spaces. Buildings shall be subdivided by smoke barriers in accordance with 34.3.7.1 through 34.3.7.21. 34.3.7.1 Every story shall be divided into not less than two smoke compartments, unless it meets the requirement of 34.3.7.4, 34.3.7.5, 34.3.7.6, or 34.3.7.7. 34.3.7.2 Each smoke compartment shall have an area not exceeding 22,500 ft2 (2100 m2). 34.3.7.3 The travel distance from any point to reach a door in the required smoke barrier shall be limited to a distance of 200 ft. (61 m). 34.3.7.3.1 Additional smoke barriers shall be provided such that the travel distance from a sleeping room corridor door to a smoke barrier shall not exceed 150 ft. (46 m). 34.3.7.4 Smoke barriers shall not be required on stories that do not contain an assisted living community occupancy located above the assisted living community occupancy. 34.3.7.5 Smoke barriers shall not be required in areas that do not contain an assisted living community occupancy and that are separated from the assisted living community occupancy by a fire barrier complying with Section 8.3. 34.3.7.6 Smoke barriers shall not be required on stories that do not contain an assisted living community occupancy and that are more than one story below the assisted living community occupancy. 34.3.7.7 Smoke barriers shall not be required in open parking structures protected throughout by an approved, supervised automatic sprinkler system in accordance with 34.3.5. 34.3.7.8 Smoke barriers shall be constructed in accordance with Section 8.5 and shall have a minimum 1-hour fire resistance rating, unless they meet the requirement of 34.3.7.9 or 34.3.7.10. 34.3.7.9 Where an atrium is used, smoke barriers shall be permitted to terminate at an atrium wall constructed in accordance with 8.6.7(1)(c), in which case not less than two separate smoke compartments shall be provided on each floor. 34.3.7.10* Dampers shall not be required in duct penetrations of smoke barriers in fully ducted heating, ventilating, and air-conditioning systems.

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34.3.7.11 Not less than 15 net ft2 (1.4 net m2) per resident shall be provided within the aggregate area of corridors, lounge or dining areas, and other low hazard areas on each side of the smoke barrier.
34.3.7.12 On stories not housing residents, not less than 6 net ft2 (0.56 net m2) per occupant shall be provided on each side of the smoke barrier for the total number of occupants in adjoining compartments.
34.3.7.13* Doors in smoke barriers shall be substantial doors, such as 1 3/4 in. (44 mm) thick, solid-bonded wood-core doors, or shall be of construction that resists fire for a minimum of 20 minutes.
34.3.7.14 Nonrated factory- or field-applied protective plates extending not more than 48 in. (1220 mm) above the bottom of the door shall be permitted.
34.3.7.15 Cross-corridor openings in smoke barriers shall be protected by a pair of swinging doors or a horizontal-sliding door complying with 7.2.1.14.
34.3.7.16 Swinging doors shall be arranged so that each door swings in a direction opposite from the other.
34.3.7.17* Doors in smoke barriers shall comply with 8.5.4 and shall be self-closing or automatic-closing in accordance with 7.2.1.8.
34.3.7.18* Vision panels consisting of fire-rated glazing or wired glass panels in approved frames shall be provided in each cross-corridor swinging door and in each cross-corridor horizontal-sliding door in a smoke barrier.
34.3.7.19 Rabbets, bevels, or astragals shall be required at the meeting edges, and stops shall be required at the head and sides of door frames in smoke barriers.
34.3.7.20 Positive latching hardware shall not be required. 34.3.7.21 Center mullions shall be prohibited. 34.3.8* Cooking Facilities. Cooking facilities, other than those within individual residential units, shall be protected in accordance with 9.2.3. 34.3.9 Standpipes. 34.3.9.1 General. Where required, standpipe and hose systems shall be installed and maintained in accordance with 9.7.4.2. 34.3.9.2 In High-Rise Buildings. Class I standpipe systems shall be installed throughout all high-rise buildings. 34.3.9.3 Roof Outlets. Roof outlets shall not be required on roofs having a slope of 3 in 12 or greater. 34.4 Special Provisions. 34.4.1 High-Rise Buildings. High-rise buildings shall comply with Section 11.8. 34.5* Suitability of an Apartment Building to House an Assisted living community Occupancy. 34.5.1 General. 34.5.1.1 Scope. 34.5.1.1.1 Section 34.5 shall apply to apartment buildings that have one or more individual apartments used as an assisted living community occupancy. (See 34.1.3.2.)

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34.5.1.1.2 The provisions of Section 34.5 shall be used to determine the suitability of apartment buildings, other than those complying with 34.5.1.1.4, to house an assisted living community facility.
34.5.1.1.3 The suitability of apartment buildings not used for assisted living community occupancies shall be determined in accordance with Chapter 30.
34.5.1.1.4 When a new assisted living community occupancy is created in an existing apartment building, the suitability of such a building for apartments not used for assisted living community occupancies shall be determined in accordance with Chapter 31.
34.5.1.2 Requirements for Individual Apartments. Requirements for individual apartments used as residential assisted living community occupancies shall be as specified in Section 34.2. Egress from the apartment into the common building corridor shall be considered acceptable egress from the assisted living community facility.
34.5.1.3* Additional Requirements. Apartment buildings housing assisted living community facilities shall comply with the requirements of Chapter 30 and the additional requirements of Section 34.5, unless the authority having jurisdiction has determined that equivalent safety for housing an assisted living community facility is provided in accordance with Section 1.4.
34.5.1.4 Minimum Construction Requirements. 34.5.1.4.1 In addition to the requirements of Chapter 30, apartment buildings, other than those complying with 34.5.1.4.2, housing assisted living community facilities shall meet the construction requirements of 34.1.3. 34.5.1.4.2 When a new assisted living community occupancy is created in an existing apartment building, the construction requirements of 19.1.6 shall apply. 34.5.2 Means of Egress. 34.5.2.1 The requirements of Section 30.2 shall apply only to the parts of means of egress serving the apartment(s) used as an assisted living community occupancy, as modified by 34.5.2.2. 34.5.2.2 When a new assisted living community occupancy is created in an existing apartment building, the requirements of Section 31.2 shall apply to the parts of the means of egress serving the apartment(s) used as an assisted living community occupancy. 34.5.3 Protection. 34.5.3.1 Interior Finish. 34.5.3.1.1 The requirements of 30.3.3 shall apply only to the parts of means of egress serving the apartment(s) used as an assisted living community occupancy, as modified by 34.5.3.1.2. 34.4.3.1.2 When a new assisted living community occupancy is created in an existing apartment building, the requirements of 31.3.3 shall apply to the parts of the means of egress serving the apartment(s) used as an assisted living community occupancy.

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34.5.3.2 Construction of Corridor Walls. 34.5.3.2.1 The requirements of 30.3.6 shall apply only to corridors serving the assisted living community facility, including that portion of the corridor wall separating the assisted living community facility from the common corridor, as modified by 34.5.3.2.2. 34.5.3.2.2 If a new assisted living community occupancy is created in an existing apartment building, the requirements of 31.3.6 shall apply to the corridor serving the residential assisted living community facility. 34.5.3.3 Subdivision of Building Spaces. (Reserved) 34.6 Building Services. 34.6.1 Utilities. Utilities shall comply with Section 9.1. 34.6.2 Heating, Ventilating, and Air-Conditioning. 34.6.2.1 Heating, ventilating, and air-conditioning equipment shall comply with Section 9.2. 34.6.2.2 No stove or combustion heater shall be located such that it blocks escape in case of fire caused by the malfunction of the stove or heater. 34.6.2.3 Unvented fuel-fired heaters shall not be used in any assisted living community occupancy. 34.6.3 Elevators, Dumbwaiters, and Vertical Conveyors. Elevators, dumbwaiters, and vertical conveyors shall comply with Section 9.4. 34.6.3.2* In high-rise buildings, one elevator shall be provided with a protected power supply and shall be available for use by the fire department in case of emergency. 34.6.4 Rubbish Chutes, Incinerators, and Laundry Chutes. Rubbish chutes, incinerators, and laundry chutes shall comply with Section 9.5. 34.7 Operating Features. 4.7.1 Emergency Planning and Preparedness. Assisted living community facilities shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, resident training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner. The provisions of this Section 34.7 shall be incorporated into the plans, training and safety practices developed by the facility." 34.7.2 Emergency Plan. 34.7.2.1 The administration of every assisted living community facility shall have, in effect and available to all supervisory personnel, written copies of a plan for protecting all persons in the event of fire, for keeping persons in place, for evacuating persons to areas of refuge, and for evacuating persons from the building when necessary. 34.7.2.2 The emergency plan shall include special staff response, including the fire protection procedures needed to ensure the safety of any resident, and shall be amended or revised whenever any resident with unusual needs is admitted to the home.

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34.7.2.3 All employees shall be periodically instructed and kept informed with respect to their duties and responsibilities under the plan, and such instruction shall be reviewed by the staff not less than every 2 months.
34.7.2.4 A copy of the plan shall be readily available at all times within the facility. 34.7.3 Resident Training. 34.7.3.1 All residents participating in the emergency plan shall be trained in the proper actions to be taken in the event of fire. 34.7.3.2 The training required by 34.7.3.1 shall include actions to be taken if the primary escape route is blocked. 34.7.3.3 If a resident is given rehabilitation or habilitation training, training in fire prevention and the actions to be taken in the event of a fire shall be a part of the training program. 34.7.3.4 Residents shall be trained to assist each other in case of fire to the extent that their physical and mental abilities permit them to do so without additional personal risk. 34.7.4 Emergency Egress and Relocation Drills. Emergency egress and relocation drills shall be conducted in accordance with 34.7.4.1 through 34.7.4.6. 34.7.4.1 Emergency egress and relocation drills shall be conducted not less than once per quarter on each shift at alternating times. It is intended that staff and residents be trained and drilled based on fire and other emergencies that may occur during the periods of lowest staffing levels. This may require more than one drill per quarter on shifts with the lowest staffing levels. 34.7.4.2 The emergency drills shall be permitted to be announced to the residents in advance. 34.7.4.3 The drills shall involve the training of residents for the eventual actual evacuation of all residents to an assembly point, as specified in the emergency plan, and shall provide residents with experience in egressing through all exits and means of escape required by the Code. 34.7.4.3.1. The assembly point shall be a place outside of the building and shall be located a safe distance from the building being evacuated so as to avoid interference with fire department operations. A refuge area within a smoke compartment in buildings separated by smoke barriers shall be considered a temporary assembly point as part of a staged evacuation. 34.7.4.3.2. Buildings with smoke compartments shall be allowed to train residents to temporarily escape in a staged evacuation to another smoke compartment separated by smoke barriers. Residents shall be allowed to complete the training exercise on the other side of an adjacent smoke barrier. Residents shall still be trained to eventually complete building evacuation during an actual emergency evacuation. Residents shall be required to participate in one emergency egress and relocation drill per year where they continue to an assembly point outside of the building.

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34.7.4.3.3. Residents, as a group, shall be required to complete the evacuation drill to an exit or across a smoke barrier in less than 13 minutes or shall be required to change its group evacuation capability and comply with Section 35.1.8.
34.7.4.4 Exits and means of escape not used in any drill shall not be credited in meeting the requirements of this Code for assisted living community facilities.
34.7.4.5 Actual exiting from windows shall not be required to comply with 34.7.4; opening the window and signaling for help shall be an acceptable alternative.
34.7.4.6 Residents who cannot meaningfully assist in their own evacuation or who have special health problems shall not be required to actively participate in the drill. Section 18.7 shall apply in such instances.
34.7.5 Smoking. 34.7.5.1* Smoking regulations shall be adopted by the administration of assisted living community occupancies. 34.7.5.2 Where smoking is permitted, noncombustible safety-type ashtrays or receptacles shall be provided in convenient locations. 34.7.6* Furnishings, Mattresses, and Decorations. 34.7.6.1 New draperies, curtains, and other similar loosely hanging furnishings and decorations shall comply with 34.7.6.1.1 and 34.7.6.1.2. 34.7.6.1.1 New draperies, curtains, and other similar loosely hanging furnishings and decorations in assisted living community facilities shall be in accordance with the provisions of 10.3.1, unless otherwise permitted by 34.7.6.1.2. 34.7.6.1.2 In other than common areas, new draperies, curtains, and other similar loosely hanging furnishings and decorations shall not be required to comply with 34.7.6.1.1 where the building is protected throughout by an approved automatic sprinkler system installed in accordance with 34.2.3.5. 34.7.6.2* New upholstered furniture within assisted living community facilities shall comply with 34.7.6.2.1 or 34.7.6.2.2. 34.7.6.2.1 New upholstered furniture shall be tested in accordance with the provisions of 10.3.2.1(1) and 10.3.3. 34.7.6.2.2 Upholstered furniture belonging to residents in sleeping rooms shall not be required to be tested, provided that a smoke alarm is installed in such rooms; battery-powered single-station smoke alarms shall be permitted in such rooms. 34.7.6.3* Newly introduced mattresses within assisted living community facilities shall comply with 34.7.5.3.1 or 34.7.5.3.2. 34.7.6.3.1 Newly introduced mattresses shall be tested in accordance with the provisions of 10.3.2.2 and 10.3.4. 34.7.6.3.2 Mattresses belonging to residents in sleeping rooms shall not be required to be tested, provided that a smoke alarm is installed in such rooms; battery-powered single-station smoke alarms shall be permitted in such rooms. 34.7.7 Staff. Staff shall be on duty and in the facility at all times when residents requiring evacuation assistance are present.

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34.7.8 Inspection of Door Openings. Door assemblies for which the door leaf is required to swing in the direction of egress travel shall be inspected and tested not less than annually in accordance with 7.2.1.15."
(ee) Modifications to Chapter 35: 1. Insert a new Chapter 34 to read as follows: "Chapter 35 Existing Assisted Living Community Occupancies 35.1 General Requirements. 35.1.1* Application. 35.1.1.1 General. 35.1.1.1.1 The requirements of this chapter shall apply to existing buildings or portions thereof used as assisted living community occupancies or with limited applicability for a conversion as further specific specified in Section 35.1.1.4.3 entitled Change of Occupancy. 35.1.1.1.2 Administration. The provisions of Chapter 1, Administration, shall apply. 35.1.1.1.3 General. The provisions of Chapter 4, General, shall apply. 35.1.1.1.4 Buildings, or sections of buildings, that primarily house residents who, in the opinion of the governing body of the facility and the governmental agency having jurisdiction, are capable of exercising judgment and appropriate physical action for self-preservation under emergency conditions shall be permitted to comply with the provisions of Chapter 33 provided they are separated by a fire barrier having not less than a 1-hour fire resistance rating and constructed of materials as required for the addition. 35.1.1.1.5 It shall be recognized that, in buildings providing care for certain types of residents or having a security section, it might be necessary to lock doors and bar windows to confine and protect building inhabitants. In such instances, the authority having jurisdiction shall require appropriate modifications to those sections of this Code that would otherwise require means of egress to be kept unlocked. 35.1.1.1.6* The requirements of this chapter shall apply based on the assumption that staff is available in all resident-occupied areas to perform certain fire safety functions as required in othe paragraphs of this chapter. 35.1.1.2* Goals and Objectives. The goals and objectives of Sections 4.1 and 4.2 shall be met with due consideration for functional requirements, which are accomplished by limiting the development and spread of a fire to the room of fire origin and reducing the need for occupant evacuation, except from the room of fire origin. 35.1.1.3 Total Concept. 35.1.1.3.1 All assisted living community facilities shall be designed, constructed, maintained, and operated to minimize the possibility of a fire emergency requiring the evacuation of occupants. 35.1.1.3.2 Because the safety of assisted living community occupants cannot be ensured adequately by dependence on evacuation of the building, their protection from fire shall be provided by appropriate arrangement of facilities; adequate, trained staff; and development of operating and maintenance procedures composed of the following: (1) Design, construction, and compartmentation.

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(2) Provision for detection, alarm, and extinguishment. (3) Fire prevention and planning, training, and drilling programs for the isolation of fire, transfer of occupants to areas of refuge, or evacuation of the building. 35.1.1.4 Additions, Conversions, Modernization, Renovation, and Construction Operations. 35.1.1.4.1 Additions. 35.1.1.4.1.1 Additions shall be separated from any existing structure not conforming to the provisions within Chapter 35 by a fire barrier having not less than a 2-hour fire resistance rating and constructed of materials as required for the addition. (See 4.6.5 and 4.6.7.) 35.1.1.4.1.2 Doors in barriers required by 35.1.1.4.1.1 shall normally be kept closed, unless otherwise permitted by 35.1.1.4.1.3. 35.1.1.4.1.3 Doors shall be permitted to be held open if they meet the requirements of 35.2.2.4. 35.1.1.6 Conversion. For the purposes of this chapter, exceptions for conversions shall apply only for a change of occupancy from an existing personal care home occupancy or health care occupancy to an assisted living community occupancy. 35.1.1.4.3 Changes of Occupancy. A change from a personal care home, assisted living, or assisted living facility to an assisted living community occupancy shall be considered a change in occupancy or occupancy sub-classification. The requirements of this chapter shall be limited to only apply to a change of occupancy to an assisted living community from an existing personal care home, assisted living, or assisted living facility first occupied as such with a certificate of occupancy issued prior to March 31, 2013. Such facility may be permitted to meet all the requirements for a limited health care occupancy as prescribed in chapter 19 of this Code in lieu of this chapter. 35.1.1.4.3.1 An existing personal care home, assisted living, or assisted living facility with a certificate of occupancy dated after March 31, 2013, that is applying for a change of occupancy to an assisted living community or any other change of occupancy classification, sub-classification, shall meet the provisions of Chapter 34 New Assisted Living Community Occupancies. 35.1.1.4.4 Renovations, Alterations, and Modernizations. See 4.6.7. 35.1.1.4.5 Construction, Repair, and Improvement Operations. See 4.6.10. 35.1.2 Classification of Occupancy. See 6.1.5.2 and 35.1.4.2. 35.1.3 Multiple Occupancies. 35.1.3.1 Multiple occupancies shall comply with 6.1.14 in buildings other than those meeting the requirement of 35.1.3.2. 35.1.3.2* Sections of assisted living community facilities shall be permitted to be classified as other occupancies, provided that they meet both of the following conditions: (1) They are not intended to serve assisted living community occupants or have customary access by assisted living community residents who are incapable of self-preservation. (2) They are separated from areas of assisted living community occupancies by construction having a minimum 2-hour fire resistance rating.

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35.1.3.3 The requirement of 35.1.3.1 shall not apply to apartment buildings housing assisted living community occupancies in conformance with Section 35.4. In such facilities, any safeguards required by Section 35.4 that are more restrictive than those for other housed occupancies shall apply only to the extent prescribed by Section 35.4.
35.1.3.4 No assisted living community occupancy shall be located above a nonresidential or non-health care occupancy, unless one following conditions is met:
(1) The assisted living community occupancy and exits therefrom are separated from the nonresidential or non-health care occupancy by construction having a minimum 2-hour fire resistance rating. (2) The assisted living community occupancy is protected throughout by an approved, supervised automatic sprinkler system in accordance with Section 9.7 and is separated therefrom by construction having a minimum 1-hour fire resistance rating. 35.1.3.5 Any area with a hazard of contents classified higher than that of the assisted living community occupancy and located in the same building shall be protected as required in 35.3.2. 35.1.3.6 Non-residentialrelated occupancies classified as containing high hazard contents shall not be permitted in buildings housing assisted living community occupancies. 35.1.4 Definitions. 35.1.4.1 General. For definitions, see Chapter 3, Definitions. 35.1.4.2 Special Definitions. A list of special terms used in this chapter follows: (1) Assisted Living Community Occupancy. See 120-3-3-.03(4). (2) Assisted self-preservation. See 120-3-3-.03(5) (2) Evacuation Capability, Impractical. See 120-3-3-.03(7). (3) Evacuation Capability, Prompt. See 120-3-3-.03(8). (4) Evacuation Capability, Slow. See 120-3-3-.03(9). (5) Personal Care Home. See 120-3-3-.03(21). (6) Point of Safety. See 3.3.211 of this Code. (7) Thermal Barrier. See 3.3.31.3 of this Code. 34.1.5 Classification of Hazard of Contents. The classification of hazard of contents shall be as defined in Section 6.2. 35.1.6 Minimum Construction Requirements. Assisted living community facilities shall be limited to the building construction types specified in Table 35.1.6 (see 8.2.1), based on the number of stories in height as defined in 4.6.3.

Table 35.1.6

Number of Stories - See Note b

Construction Sprinklere 1

2

3

4 5-6 >6-12

Type

d

See Note a

Type I (442) c

Yes

X

X

X

X

X

X

d

No

N.P. N.P. N.P. N.P. N.P. N.P.

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Type I (332) c

Yes

X

X

X

X

X

X

d

No

N.P. N.P. N.P. N.P. N.P. N.P.

Type II(222) c

Yes

X

X

X

X N.P. X

d

No

N.P. N.P. N.P. N.P. N.P. N.P.

Type II(111) c

Yes

X

X

Xe

Xe N.P. N.P.

d

No

N.P. N.P. N.P. N.P. N.P. N.P.

Type II(000) a

Yes

X

X

N.P. N.P. N.P. N.P.

No

N.P. N.P. N.P. N.P. N.P. N.P.

Type III(211) a

Yes

X

X

Xe

Xe N.P. N.P.

No

N.P. N.P. N.P. N.P. N.P. N.P.

Type III(200) a

Yes

X

N.P. N.P. N.P. N.P. N.P.

No

N.P. N.P. N.P. N.P. N.P. N.P.

Type IV(2HH)

Yes

a

No

X

X

N.P. N.P. N.P. N.P.

N.P. N.P. N.P. N.P. N.P. N.P.

Type V(111)

Yes

See note a or e

No

Xa

Xa

Xe

Xe N.P. N.P.

N.P. N.P. N.P. N.P. N.P. N.P.

Yes

Xa N.P. N.P. N.P. N.P. N.P.

Type V(000) a

No

N.P. N.P. N.P. N.P. N.P. N.P.

X = Permitted if sprinklered as required by 33.3.3.5 unless otherwise noted.

NP = Not permitted.

a Building shall be protected throughout by an approved supervised automatic sprinkler

system installed in accordance with 35.3.5, and the interior walls are covered with lath and plaster or materials providing a 15-minute thermal barrier. (See requirements of 35.3.5). b See requirements of 4.6.3. c See requirements of 35.1.6.2.1. d See requirements of 35.1.6.2.2.

e See requirements of 35.1.6.5.

35.1.6.1* Fire ResistanceRated Assemblies. Fire resistancerated assemblies shall comply with Section 8.3.
35.1.6.2 Construction Type Limitations. 35.1.6.2.1 Any building of Type I(442), Type I(332), Type II(222), or Type II(111) construction shall be permitted to include roofing systems involving combustible supports, decking, or roofing, provided that all of the following criteria are met:

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(1) The roof covering shall meet Class A requirements in accordance with ASTM E 108, Standard Test Methods for Fire Tests of Roof Coverings, or ANSI/UL 790, Test Methods for Fire Tests of Roof Coverings. (2) The roof shall be separated from all occupied portions of the building by a noncombustible floor assembly having not less than a 2-hour fire resistance rating that includes not less than 2 1/2 in. (63 mm) of concrete or gypsum fill. (3) The structural elements supporting the 2-hour fire resistancerated floor assembly specified in 35.1.6.2(2) shall be required to have only the fire resistance rating required of the building. 35.1.6.2.2 Any building of Type I(442), Type I(332), Type II(222), or Type II(111) construction shall be permitted to include roofing systems involving combustible supports, decking, or roofing, provided that all of the following criteria are met: (1) The roof covering shall meet Class A requirements in accordance with ASTM E 108, Standard Test Methods for Fire Tests of Roof Coverings, or ANSI/UL 790, Test Methods for Fire Tests of Roof Coverings. (2) The roof/ceiling assembly shall be constructed with fire-retardant-treated wood meeting the requirements of NFPA 220, Standard on Types of Building Construction. (3) The roof/ceiling assembly shall have the required fire resistance rating for the type of construction. 35.1.6.2.3 Any level below the level of exit discharge shall be separated from the level of exit discharge by not less than Type II(111), Type III(211), or Type V(111) construction (see 8.2.1), unless both of the following criteria are met: (1) Such levels are under the control of the assisted living community facility. (2) Any hazardous spaces are protected in accordance with Section 8.7. 35.1.6.3 All buildings with more than one level below the level of exit discharge shall have all such lower levels separated from the level of exit discharge by not less than Type II(111) construction. 35.1.6.4 Interior nonbearing walls in buildings of Type I or Type II construction shall be constructed of noncombustible or limited-combustible materials, unless otherwise permitted by 20.1.6.4. 35.1.6.5 Any existing building of Type II(111), Type III(211), or Type V(111) construction shall be permitted however, occupants requiring assistance with evacuation from others shall be limited to occupancy on the first and second stories), unless one of the following criteria is met: (1) A horizontal exit in combination with a smoke barrier is provided on the third and fourth floor; or, (2) The building is protected throughout by an approved supervised automatic sprinkler system installed in accordance with 9.7.1.1(1), and provided with quick response or residential sprinklers throughout.

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35.1.6.6 Interior nonbearing walls required to have a minimum 2-hour fire resistance rating shall be permitted to be fire-retardant-treated wood enclosed within noncombustible or limited-combustible materials, provided that such walls are not used as shaft enclosures.
35.1.6.7 Fire-retardant-treated wood that serves as supports for the installation of fixtures and equipment shall be permitted to be installed behind noncombustible or limited-combustible sheathing.
35.1.6.8* Changes in Group Evacuation Capability. A change in evacuation capability to a slower level shall be permitted where the facility conforms to one of the following requirements:
(1) The requirements of Chapter 34 applicable to new assisted living community facilities. (2) The requirements of Chapter 35 applicable to existing assisted living community facilities for the new evacuation capability, provided that the building is protected throughout by an approved, supervised automatic sprinkler system complying with 35.5 or an increase in staffing to achieve evacuation of all residents to a point of safety within 13 minutes. 35.1.6.9 Requirements Based on Evacuation Capability. 35.1.6.9.1 Prompt and Slow. Facilities classified as prompt or slow evacuation capability, other than those meeting the requirement of 35.1.6.9.1.1 or 35.1.6.9.1.2, shall comply with the requirements of Section 35, as indicated for the appropriate evacuation capability. 35.1.6.9.1.1* Facilities where the authority having jurisdiction has determined equivalent safety is provided in accordance with Section 1.4 shall not be required to comply with the requirements of Section 35, as indicated for the appropriate evacuation capability. 35.1.6.9.1.2 Facilities that were previously approved as complying with 35.1.6.9.2 shall not be required to comply with the requirements of Section 35, as indicated for the appropriate evacuation capability. 35.1.6.9.2* Impractical. Facilities classified as impractical evacuation capability shall meet the requirements of Section 35 for impractical evacuation capability, or the requirements for limited care facilities in Chapter 19, unless the authority having jurisdiction has determined equivalent safety is provided in accordance with Section 1.4. 35.1.6.9.3 Evacuation Capability Determination. 35.1.6.9.3.1 Facility management shall furnish to the authority having jurisdiction, upon request, an evacuation capability determination using a procedure acceptable to the authority having jurisdiction. 35.1.6.9.3.2 Where the documentation required by 35.1.6.9.3.1 is not furnished, the evacuation capability shall be classified as impractical. 35.1.7 Occupant Load. The occupant load, in number of persons for whom means of egress and other provisions are required, shall be determined on the basis of the occupant load factors of Table 7.3.1.2 that are characteristic of the use of the space, or shall be determined as the maximum probable population of the space under consideration, whichever is greater.

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35.2 Means of Egress Requirements. 35.2.1 General. 35.2.1.1 Means of egress from resident rooms and resident dwelling units to the outside of the building shall be in accordance with Chapter 7 and this chapter. 35.2.1.2 Means of escape within the resident room or resident dwelling unit shall comply with Section 24.2 for one- and two-family dwellings. 35.2.1.3 No means of escape or means of egress shall be considered as complying with the minimum criteria for acceptance, unless emergency evacuation drills are regularly conducted using that route in accordance with the requirements of 35.7.3. 35.2.1.4 No assisted living community occupancy shall have its sole means of egress or means of escape pass through any nonresidential or non-health care occupancy in the same building. 35.2.1.5 All means of egress from assisted living community occupancies that traverse non-assisted living community spaces shall conform to the requirements of this Code for assisted living community occupancies, unless otherwise permitted by 35.2.1.6. 35.2.1.6 Exit through a horizontal exit into other contiguous occupancies that does not conform to assisted living community egress provisions but do comply with requirements set forth in the appropriate occupancy chapter of this Code shall be permitted, provided that the occupancy does not contain high hazard contents. 35.2.1.7 Egress provisions for areas of assisted living community facilities that correspond to other occupancies shall meet the corresponding requirements of this Code for such occupancies, and, where the clinical needs of the residents necessitate the locking of means of egress, staff shall be present for the supervised release of occupants during all times of use. 35.2.2 Means of Egress Components. 35.2.2.1 Components Permitted. Components of means of egress shall be limited to the types described in 35.2.2.2 through 35.2.2.10. 35.2.2.2 Doors. Doors in means of egress shall meet all of the following criteria: (1) Doors complying with 7.2.1 shall be permitted. (2) Doors within individual rooms and suites of rooms shall be permitted to be swinging or sliding. (3) No door in any means of egress, other than those meeting the requirement of 35.2.2.2.1 or 35.2.2.2.2, shall be equipped with a lock or latch that requires the use of a tool or key from the egress side. 35.2.2.2.1 Delayed-egress locks in accordance with 7.2.1.6.1 shall be permitted. 35.2.2.2.2 Access-controlled egress doors in accordance with 7.2.1.6.2 shall be permitted. 35.2.2.2.3 Doors that are located in the means of egress from individual resident bedrooms or private living units shall be permitted to have locks where the clinical needs of a resident require specialized protective security measures provided that staff can readily unlock doors at all times in accordance with 35.2.2.2.4.

4524

COUNTY HOME RULE ORDINANCES

35.2.2.2.4 Doors that are located in the means of egress and are permitted to be locked under other provisions of 35.2.2.2.3 shall comply with both of the following:
(1) Provisions shall be made for the rapid removal of occupants by means of one of the following:
(a) Remote control of locks from within the locked smoke compartment (b) Keying of all locks to keys carried by staff at all times (c) Other such reliable means available to the staff at all times (2) Only one locking device shall be permitted on each door. 35.2.2.2.5 Doors located in the means of egress that are permitted to be locked under other provisions of Chapter 35, other than those meeting the requirement of 35.2.2.2.1 or 35.2.2.2.2, shall have adequate provisions made for the rapid removal of occupants by means such as remote control of locks, keying of all locks to keys carried by staff at all times, or other such reliable means available to staff at all times. 35.2.2.2.6 Only one such locking device, as described in 35.2.2.2.5, shall be permitted on each door. 35.2.2.3 Stairs. Stairs complying with 7.2.2 shall be permitted. 35.2.2.4 Smokeproof Enclosures. Smokeproof enclosures complying with 7.2.3 shall be permitted. 35.2.2.5 Horizontal Exits. Horizontal exits complying with 7.2.4 shall be permitted. 35.2.2.6 Ramps. Ramps complying with 7.2.5 shall be permitted. 35.2.2.7 Exit Passageways. Exit passageways complying with 7.2.6 shall be permitted. 35.2.2.8 Fire Escape Ladders. Fire escape ladders complying with 7.2.9 shall be permitted. 35.2.2.9 Alternating Tread Devices. Alternating tread devices complying with 7.2.11 shall be permitted. 35.2.2.10 Areas of Refuge. Areas of refuge complying with 7.2.12 shall be permitted. 35.2.3 Capacity of Means of Egress. 35.2.3.1 The capacity of means of egress shall be in accordance with Section 7.3. 35.2.3.2 Street floor exits shall be sufficient for the occupant load of the street floor plus the required capacity of stairs and ramps discharging onto the street floor. 35.2.3.3 The width of corridors serving an occupant load of 50 or more in facilities having prompt or slow evacuation capability, and all facilities having impractical evacuation capability, shall be sufficient for the occupant load served but shall be not less than 60 in. (1525 mm). 35.2.3.4 The width of corridors serving an occupant load of less than 50 in facilities having prompt or slow evacuation capability shall be not less than 44 in. (1120 mm). 35.2.4 Number of Means of Egress. 35.2.4.1 Means of egress shall comply with the following, except as otherwise permitted by 35.2.4.2: (1) The number of means of egress shall be in accordance with 7.4.1.1 and 7.4.1.3 through 7.4.1.6.

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(2) Not less than two separate exits shall be provided on every story. (3) Not less than two separate exits shall be accessible from every part of every story. 35.2.4.2 Exit access, as required by 35.2.4.1(3), shall be permitted to include a single exit access path for the distances permitted as common paths of travel by 35.2.5.2 and 35.2.5.3. 35.2.5 Arrangement of Means of Egress. 35.2.5.1 General. Access to all required exits shall be in accordance with Section 7.5. 35.2.5.2 Dead-end Corridors. Dead-end corridors shall not exceed 35 ft. (15 m). 35.2.5.3 Common Path. Common paths of travel shall not exceed 110 ft. (35.5 m). 35.2.5.4 Reserved. 35.2.6 Travel Distance to Exits. 35.2.6.1 Travel distance from the door within a room, suite, or living unit to a corridor door shall not exceed 75 ft. (23 m) in buildings not protected throughout by an approved automatic sprinkler system in accordance with 35.3.5. 35.2.6.2 Travel distance from the door within a room, suite, or living unit to a corridor door shall not exceed 125 ft. (38 m) in buildings protected throughout by an approved automatic sprinkler system in accordance with 35.3.5. 35.2.6.3 Travel distance from the corridor door of any room to the nearest exit shall be in accordance with 35.2.6.3.1or 35.2.6.3.2 35.2.6.3.1 Travel distance from the corridor door of any room to the nearest exit, measured in accordance with Section 7.6, shall not exceed 200 ft. (61 m). 35.2.6.3.2 Travel distance to exits shall not exceed 200 ft. (61 m) for exterior ways of exit access arranged in accordance with 7.5.3. 35.2.7 Discharge from Exits. Exit discharge shall comply with Section 7.7. 35.2.8 Illumination of Means of Egress. Means of egress shall be illuminated in accordance with Section 7.8. 35.2.9 Emergency Lighting. Emergency lighting in accordance with Section 7.9 shall be provided. 35.2.10 Marking of Means of Egress. Means of egress shall be marked in accordance with Section 7.10. 35.2.11 Special Means of Egress Features. 35.2.11.1 Reserved. 35.2.11.2 Lockups. Lockups in residential assisted living community occupancies shall comply with the requirements of 23.4.5. 35.3 Protection. 35.3.1 Protection of Vertical Openings. 35.3.1.1 Vertical openings shall be enclosed or protected in accordance with Section 8.6. 35.3.1.2 Unenclosed vertical openings in accordance with 8.6.9.1 shall be permitted. 35.3.1.3 No floor below the level of exit discharge and used only for storage, heating equipment, or purposes other than residential occupancy shall have unprotected openings to floors used for residential occupancy.

4526

COUNTY HOME RULE ORDINANCES

35.3.2 Protection from Hazards. 35.3.2.1 Rooms containing high-pressure boilers, refrigerating machinery, transformers, or other service equipment subject to possible explosion shall not be located directly under or adjacent to exits, and such rooms shall be effectively separated from other parts of the building as specified in Section 8.7. 35.3.2.2 Hazardous areas, which shall include, but shall not be limited to, the following, shall be separated from other parts of the building by construction having a minimum 1-hour fire resistance rating, with communicating openings protected by approved self-closing fire doors and be equipped with automatic fire-extinguishing systems: (1) Boiler and heater rooms (2) Laundries (3) Repair shops (4) Rooms or spaces used for storage of combustible supplies and equipment in quantities deemed hazardous by the authority having jurisdiction Exception to (1): Rooms enclosing air handling equipment, compressor equipment, furnaces or other heating equipment with a total aggregate input rating less than 200,000 BTU input. Such rooms shall not be used for any combustible storage. A minimum of 30 inches (0.76 m) unobstructed access shall be provided and maintained to equipment and electrical or emergency control panels or devices for emergency response purposes. 35.3.3 Interior Finish. 35.3.3.1 General. Interior finish shall be in accordance with Section 10.2. 35.3.3.2 Interior Wall and Ceiling Finish. Interior wall and ceiling finish materials complying with Section 10.2 shall be in accordance with the following: (1) Exit enclosures - Class A (2) Lobbies and corridors - Class B (3) Rooms and enclosed spaces - Class B 35.3.3.3 Interior Floor Finish. 35.3.3.3.1 Interior floor finish shall comply with Section 10.2. 35.3.3.3.2 Interior floor finish in exit enclosures and exit access corridors and spaces not separated from them by walls complying with 35.3.6 shall be not less than Class II. 35.3.3.3.3 Interior floor finish shall comply with 10.2.7.1 or 10.2.7.2, as applicable. 35.3.4 Detection, Alarm, and Communications Systems. 35.3.4.1 General. A fire alarm system shall be provided in accordance with Section 9.6. 34.3.4.2 Initiation. The required fire alarm system shall be initiated by each of the following: (1) Manual means in accordance with 9.6.2. (2) Manual fire alarm box located at a convenient central control point under continuous supervision of responsible employees. (3) Required automatic sprinkler system. (4) Required smoke and heat detection systems, other than sleeping room smoke alarms.

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35.3.4.3 Annunciator Panel. An annunciator panel, connected to the fire alarm system, shall be provided at a location readily accessible from the primary point of entry for emergency response personnel.
35.3.4.4 Notification. 35.3.4.4.1 Occupant Notification. Occupant notification shall be provided automatically, without delay, by internal audible alarm in accordance with 9.6.3. 35.3.4.4.2 High-Rise Buildings. High-rise buildings shall be provided with an approved emergency voice communication/alarm system in accordance with 11.8.4. 35.3.4.5* Emergency Forces Notification. 35.3.4.5.1 Fire department notification shall be accomplished in accordance with 9.6.4. 35.3.4.5.2* Where the existing fire alarm system does not provide for automatic emergency forces notification in accordance with 9.6.4, provisions shall be made for the immediate notification of the public fire department by either telephone or other means, or, where there is no public fire department, notification shall be made to the private fire brigade. 35.3.4.5.3 Where a new fire alarm system is installed, or the existing fire alarm system is replaced, emergency forces notification shall be provided in accordance with 9.6.4. 35.3.4.6 Detection. 35.3.4.6.1 Smoke Alarms. Smoke alarms shall be provided in accordance with 35.3.4.6.1.1, 35.3.4.6.1.2, or 35.3.4.6.1.3. 35.3.4.6.1.1 Each sleeping room shall be provided with an approved smoke alarm in accordance with 9.6.2.10 that is powered from the building electrical system. 35.3.4.6.1.2 Existing battery-powered smoke alarms, rather than building electrical servicepowered smoke alarms, shall be accepted where, in the opinion of the authority having jurisdiction, the facility has demonstrated that testing, maintenance, and battery replacement programs ensure the reliability of power to the smoke alarms. 35.3.4.6.1.3 The provisions of 9.6.2.10.1 and 9.6.2.10.2.2 shall also apply. 35.3.4.7 Smoke Detection Systems. 35.3.4.7.1 All living areas, as defined in 3.3.21.5, and all corridors shall be provided with smoke detectors that comply with NFPA 72, National Fire Alarm and Signaling Code, and are arranged to initiate an alarm that is audible in all sleeping areas, as modified by 35.3.4.7.2. 35.3.4.7.2 Smoke detection systems shall not be required in unenclosed corridors, passageways, balconies, colonnades, or other arrangements with one or more sides along the long dimension fully or extensively open to the exterior at all times. 35.3.5 Extinguishment Requirements. 35.3.5.1* General. Where an automatic sprinkler system is installed, for either total or partial building coverage, the system shall be installed in accordance with Section 9.7, as modified by 35.3.5.1.1.

4528

COUNTY HOME RULE ORDINANCES

35.3.5.1.1 In buildings four or fewer stories above grade plane, systems in accordance with NFPA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height, shall be permitted.
35.3.5.1.1.1 The exemptions found in NFPA 13R for the sprinkling all closets and bathrooms regardless of size or construction shall not be applicable to assisted living community occupancies under this chapter.
35.3.5.2 Impractical Evacuation Capability. All facilities having impractical evacuation capability shall be protected throughout by an approved, supervised automatic sprinkler system in accordance with 9.7.1.1(1) (full NFPA 13 System) or increase staffing to achieve evacuation of all residents to a point of safety within 13 minutes.
35.3.5.3 High-Rise Buildings. All high-rise buildings shall be protected throughout by an approved, supervised automatic sprinkler system in accordance with 35.3.5. Such systems shall initiate the fire alarm system in accordance with Section 9.6.
35.3.5.4 Attics shall be protected in accordance with 35.3.5.4.1 or 35.3.5.4.2 35.3.5.4.1 Where an automatic sprinkler system is installed, attics or areas within attics used for living purposes, storage, or fuel-fired equipment shall be protected with automatic sprinklers that are part of the required, approved automatic sprinkler system in accordance with 9.7.1.1. 35.3.5.4.2 Where an automatic sprinkler system is installed, attics not used for living purposes, storage, or fuel-fired equipment shall meet one of the following criteria: (1) Attics shall be protected throughout by a heat detection system arranged to activate the building fire alarm system in accordance with Section 9.6. (2) Attics shall be protected with automatic sprinklers that are part of the required, approved automatic sprinkler system in accordance with 9.7.1.1. 35.3.5.5 Supervision. Automatic sprinkler systems shall be supervised in accordance with Section 9.7. 35.3.5.7 Portable Fire Extinguishers. Portable fire extinguishers shall be provided in accordance with 9.7.4.1. 35.3.6 Corridors and Separation of Sleeping Rooms. 35.3.6.1 Access shall be provided from every resident use area to not less than one means of egress that is separated from all other rooms or spaces by walls complying with 35.3.6.1.1, 35.3.6.1.3 or 35.3.6.1.4. 35.3.6.1.1 Sleeping rooms shall be separated from corridors, living areas, kitchens and all other areas by walls having a minimum 1/2-hour fire resistance rating. 35.3.6.1.2 Prompt evacuation capability facilities in buildings two or fewer stories in height, where not less than one required means of egress from each sleeping room provides a path of travel to the outside without traversing any corridor or other spaces exposed to unprotected vertical openings, living areas, and kitchens, shall not be required to comply with 35.3.6.1.1.

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35.3.6.1.3 Rooms or spaces, other than sleeping rooms and hazardous areas, shall be separated from corridors by smoke partitions in accordance with Section 8.4, and the provisions of 8.4.3.5 shall not apply.
35.3.6.2 Except for Hazardous areas, in buildings protected throughout by an approved automatic sprinkler system in accordance with 9.7.1.1(1), walls may be smoke partitions in accordance with Section 8.4, and the provisions of 8.4.3.5 shall not apply.
35.3.6.3 Hazardous areas shall be separated from corridors in accordance with 35.3.2. 35.3.6.4 Doors in walls required by 35.3.6.1 or 35.3.6.2 shall comply with 35.3.6.4.1 or 35.3.6.4.2. 35.3.6.4.1 Doors shall have a minimum 20-minute fire protection rating. 35.3.6.4.2 Solid-bonded wood-core doors of not less than 1 3/4 in. (44 mm) thickness shall be permitted to continue in use. 35.3.6.5 Doors in walls required by 35.3.6.1 and 35.3.6.2 shall comply with 35.3.6.5.1 and 35.3.6.6. 35.3.6.5.1 Door-closing devices shall not be required on doors in corridor wall openings, other than those serving exit enclosures, smoke barriers, enclosures of vertical openings, and hazardous areas. 35.3.6.6 No louvers, transfer grilles, operable transoms, or other air passages, other than properly installed heating and utility installations, shall penetrate the walls or doors specified in 34.3.6. 35.3.7 Subdivision of Building Spaces. The requirements of 35.3.7.1 through 35.3.7.6 shall be met for all sleeping floors, unless otherwise permitted by 35.3.7.7. 35.3.7.1 Every sleeping room floor shall be divided into not less than two smoke compartments of approximately the same size, with smoke barriers in accordance with Section 8.5, unless otherwise indicated in 35.3.7.4, 35.3.7.5, and 35.3.7.6 35.3.7.1.1 Smoke barriers shall not be required in buildings having prompt or slow evacuation capability where each sleeping room is provided with exterior ways of exit access arranged in accordance with 7.5.3. 35.3.7.2 Each smoke compartment shall have an area not exceeding 22,500 ft2 (2100 m2). 35.3.7.3 The travel distance from any point to reach a door in the required smoke barrier shall be limited to a distance of 200 ft. (61 m). 35.3.7.3 .1 Additional smoke barriers shall be provided such that the travel distance from a sleeping room corridor door to a smoke barrier shall not exceed 150 ft. (46 m). 35.3.7.4 Smoke barriers shall not be required on stories that do not contain an assisted living community occupancy located above the assisted living community occupancy. 35.3.7.5 Smoke barriers shall not be required in areas that do not contain an assisted living community occupancy and that are separated from the assisted living community occupancy by a fire barrier complying with Section 8.3. 35.3.7.6 Smoke barriers shall not be required on stories that do not contain an assisted living community occupancy and that are more than one story below the assisted living community occupancy.

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35.3.7.7 Smoke barriers shall not be required in open parking structures protected throughout by an approved, supervised automatic sprinkler system in accordance with 9.7.1.1(1).
35.3.7.8 Smoke barriers shall be constructed in accordance with Section 8.5 and shall have a minimum 1-hour fire resistance rating, unless they meet the requirement of 35.3.7.9 or 35.3.7.10.
35.3.7.9 Where an atrium is used, smoke barriers shall be permitted to terminate at an atrium wall constructed in accordance with 8.6.7(1)(c), in which case not less than two separate smoke compartments shall be provided on each floor.
35.3.7.10 Dampers shall not be required in duct penetrations of smoke barriers in fully ducted heating, ventilating, and air-conditioning systems.
35.3.7.11 Not less than 15 net ft (1.4 net m) per resident shall be provided within the aggregate area of corridors, lounge or dining areas, and other low hazard areas on each side of the smoke barrier.
35.3.7.12 On stories not housing residents, not less than 6 net ft2 (0.56 net m2) per occupant shall be provided on each side of the smoke barrier for the total number of occupants in adjoining compartments.
35.3.7.13* Doors in smoke barriers shall be substantial doors, such as 1 3/4 in. (44 mm) thick, solid-bonded wood-core doors, or shall be of construction that resists fire for a minimum of 20 minutes.
35.3.7.14 Nonrated factory- or field-applied protective plates extending not more than 48 in. (1220 mm) above the bottom of the door shall be permitted.
35.3.7.15 Cross-corridor openings in smoke barriers shall be protected by a pair of swinging doors or a horizontal-sliding door complying with 7.2.1.14.
35.3.7.16 Swinging doors shall be arranged so that each door swings in a direction opposite from the other.
35.3.7.17* Doors in smoke barriers shall comply with 8.5.4 and shall be self-closing or automatic-closing in accordance with 7.2.1.8.
35.3.7.18* Vision panels consisting of fire-rated glazing or wired glass panels in approved frames shall be provided in each cross-corridor swinging door and in each cross-corridor horizontal-sliding door in a smoke barrier.
35.3.7.19 Rabbets, bevels, or astragals shall be required at the meeting edges, and stops shall be required at the head and sides of door frames in smoke barriers.
35.3.7.20 Positive latching hardware shall not be required. 35.3.7.21 Center mullions shall be prohibited. 35.3.8* Cooking Facilities. Cooking facilities, other than those within individual residential units, shall be protected in accordance with 9.2.3. 35.3.9 Standpipes. 35.3.9.1 General. Where required, standpipe and hose systems shall be installed and maintained in accordance with 9.7.4.2.

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35.3.9.2 In High-Rise Buildings. Class I standpipe systems shall be installed throughout all high-rise buildings.
35.3.9.3 Roof Outlets. Roof outlets shall not be required on roofs having a slope of 3 in 12 or greater.
35.4 Special Provisions. 35.4.1 High-Rise Buildings. High-rise buildings shall comply with Section 11.8. 35.5 Reserved. 35.6 Building Services. 35.6.1 Utilities. Utilities shall comply with Section 9.1. 35.6.2 Heating, Ventilating, and Air-Conditioning. 35.6.2.1 Heating, ventilating, and air-conditioning equipment shall comply with Section 9.2. 35.6.2.2 No stove or combustion heater shall be located such that it blocks escape in case of fire caused by the malfunction of the stove or heater. 35.6.2.3 Unvented fuel-fired heaters shall not be used in any assisted living community occupancy. 35.6.3 Elevators, Dumbwaiters, and Vertical Conveyors. Elevators, dumbwaiters, and vertical conveyors shall comply with Section 9.4. 35.6.3.2* In high-rise buildings, one elevator shall be provided with a protected power supply and shall be available for use by the fire department in case of emergency. 35.6.4 Rubbish Chutes, Incinerators, and Laundry Chutes. Rubbish chutes, incinerators, and laundry chutes shall comply with Section 9.5. 35.7 Operating Features. 35.7.1 Emergency Planning and Preparedness. Assisted living community facilities shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, resident training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner. The provisions of this Section 35.7 shall be incorporated into the plans, training and safety practices developed by the facility. 35.7.2 Emergency Plan. 35.7.2.1 The administration of every residential assisted living community facility shall have, in effect and available to all supervisory personnel, written copies of a plan for protecting all persons in the event of fire, for keeping persons in place, for evacuating persons to areas of refuge, and for evacuating persons from the building when necessary. 35.7.2.2 The emergency plan shall include special staff response, including the fire protection procedures needed to ensure the safety of any resident, and shall be amended or revised whenever any resident with unusual needs is admitted to the home.

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35.7.2.3 All employees shall be periodically instructed and kept informed with respect to their duties and responsibilities under the plan, and such instruction shall be reviewed by the staff not less than every 2 months.
35.7.2.4 A copy of the plan shall be readily available at all times within the facility. 35.7.3 Resident Training. 35.7.3.1 All residents participating in the emergency plan shall be trained in the proper actions to be taken in the event of fire. 35.7.3.2 The training required by 35.7.3.1 shall include actions to be taken if the primary escape route is blocked. 35.7.3.3 If the resident is given rehabilitation or habilitation training, training in fire prevention and the actions to be taken in the event of a fire shall be a part of the training program. 35.7.3.4 Residents shall be trained to assist each other in case of fire to the extent that their physical and mental abilities permit them to do so without additional personal risk. 35.7.4 Emergency Egress and Relocation Drills. Emergency egress and relocation drills shall be conducted in accordance with 35.7.4.1 through 35.7.4.6. 35.7.4.1 Emergency egress and relocation drills shall be conducted not less than once per quarter on each shift at alternating times. It is intended that staff and residents be trained and drilled based on fire and other emergencies that may occur during the periods of lowest staffing levels. This may require more than one drill per quarter on shifts with the lowest staffing levels." 35.7.4.2 The emergency drills shall be permitted to be announced to the residents in advance. 35.7.4.3 The drills shall involve the training of residents for the eventual actual evacuation of all residents to an assembly point, as specified in the emergency plan, and shall provide residents with experience in egressing through all exits and means of escape required by this Code. 35.7.4.3.1. The assembly point shall be a place outside of the building and shall be located a safe distance from the building being evacuated so as to avoid interference with fire department operations. A refuge area within a smoke compartment in buildings separated by smoke barriers shall be considered a temporary assembly point as part of a staged evacuation. 35.7.4.3.2. Buildings with smoke compartments shall be allowed to train residents to temporarily escape in a staged evacuation to another smoke compartment separated by smoke barriers. Residents shall be allowed to complete the training exercise on the other side of an adjacent smoke barrier. Residents shall still be trained to eventually complete building evacuation during an actual emergency evacuation. Residents shall be required to participate in one emergency egress and relocation drill per year where they continue to an assembly point outside of the building.

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35.7.4.3.3. Residents, as a group, shall be required to complete the evacuation drill to an exit or across a smoke barrier in less than 13 minutes or shall be required to change its group evacuation capability and comply with Section 35.1.8.
35.7.4.4 Exits and means of escape not used in any drill shall not be credited in meeting the requirements of this Code for assisted living community facilities.
35.7.4.5 Actual exiting from windows shall not be required to comply with 35.7.3; opening the window and signaling for help shall be an acceptable alternative.
35.7.4.6 If the assisted living community facility has an evacuation capability classification of impractical, those residents who cannot meaningfully assist in their own evacuation or who have special health problems shall not be required to actively participate in the drill.
35.7.5 Smoking. 35.7.5.1* Smoking regulations shall be adopted by the administration of assisted living community occupancies. 35.7.5.2 Where smoking is permitted, noncombustible safety-type ashtrays or receptacles shall be provided in convenient locations. 35.7.6* Furnishings, Mattresses, and Decorations. 35.7.6.1 New draperies, curtains, and other similar loosely hanging furnishings and decorations shall comply with 35.7.6.1.1 and 35.7.6.1.2. 35.7.6.1.1 New draperies, curtains, and other similar loosely hanging furnishings and decorations in assisted living community facilities shall be in accordance with the provisions of 10.3.1, unless otherwise permitted by 35.7.6.1.2. 35.7.6.1.2 In other than common areas, new draperies, curtains, and other similar loosely hanging furnishings and decorations shall not be required to comply with 35.7.6.1.1 where the building is protected throughout by an approved automatic sprinkler system installed in accordance with 35.3.6. 35.7.6.2* New upholstered furniture within assisted living community facilities shall comply with 35.7.6.2.1 or 35.7.6.2.2. 35.7.6.2.1 New upholstered furniture shall be tested in accordance with the provisions of 10.3.2.1(1) and 10.3.3. 35.7.6.2.2 Upholstered furniture belonging to residents in sleeping rooms shall not be required to be tested, provided that a smoke alarm is installed in such rooms; battery-powered single-station smoke alarms shall be permitted in such rooms. 35.7.6.3* Newly introduced mattresses within assisted living community facilities shall comply with 35.7.6.3.1 or 35.7.6.3.2. 35.7.6.3.1 Newly introduced mattresses shall be tested in accordance with the provisions of 10.3.2.2 and 10.3.4. 35.7.6.3.2 Mattresses belonging to residents in sleeping rooms shall not be required to be tested, provided that a smoke alarm is installed in such rooms; battery-powered single-station smoke alarms shall be permitted in such rooms.

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35.7.7 Staff. Staff shall be on duty and in the facility at all times when residents requiring evacuation assistance are present.
35.7.8 Inspection of Door Openings. Door assemblies for which the door leaf is required to swing in the direction of egress travel shall be inspected and tested not less than annually in accordance with 7.2.1.15."
(ff) Modification to Chapter 36: 1. Add a new subparagraph 36.3.2.1.3 to read as follows: "36.3.2.1.3 Rooms enclosing air handling equipment, compressor equipment, furnaces or other heating equipment with a total aggregate input rating less than 200,000 BTU input shall not be subject to the provisions of 36.3.2.1. Such rooms shall not be used for any combustible storage. A minimum of 30 inches (0.76 m) unobstructed access shall be provided and maintained to equipment and electrical or emergency control panels or devices for emergency response purposes." 2. Delete subparagraph 36.3.4.5.6 in its entirety and substitute in its place the following: "36.3.4.5.6 EmergencyPlanning and Preparedness. Bulk merchandising and mercantile occupancies (Group M) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner." 3. Add a new subparagraph 36.3.5.1.1 .to read as follows: "36.3.5.1.1 Individual tenant spaces located in covered mall buildings shall be provided with electrically supervised control valves. Such control valves shall be located off supply mains to control each individual tenant space. 36.3.5.1.1.1 Multiple tenant spaces shall be permitted to be controlled by one control valve provided the total area covered by the single valve does not exceed 7,500 square feet (696.8 sq. m)." 4. Delete subsections 36.7.1, 36.7.2, 36.7.3, and 36.7.4 in their entirety and substitute in their place the following: "36.7.1 Emergency Planning and Preparedness. Mercantile occupancies (Group M) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner. 36.7.2 Food Service Operations. Food service operations shall comply with 12.7.2 36.7.3 Upholstered Furniture and Mattresses. The provisions of 10.3.2 of this Code and Section 805 of the International Fire Code shall not apply to upholstered furniture and mattresses in mercantile occupancies.

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36.7.4 Soiled Linen and Trash Receptacles. The requirements of 10.3.9 of this Code for containers for rubbish, waste, or linen with a capacity of 20 gal (75.7 L) or more shall not apply."
(gg) Modification to Chapter 37: 1. Add a new subparagraph 37.3.2.1.3 to read as follows: "37.3.2.1.3 The provisions of 37.3.2.1 shall not apply to rooms enclosing air handling equipment, compressor equipment, furnaces or other heating equipment with a total aggregate input rating less than 200,000 BTU input. Such rooms shall not be used for any combustible storage. A minimum of 30 inches (0.76 m) unobstructed access shall be provided and maintained to equipment and electrical or emergency control panels or devices for emergency response purposes." 2. Delete subsections 37.7.1, 37.7.2, 37.7.3, and 37.7.4 in their entirety and substitute in their place the following: "37.7.1 Emergency Planning and Preparedness. Mercantile occupancies (Group M) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner. 37.7.2 Food Service Operations. Food service operations shall comply with 12.7.2 37.7.3 Upholstered Furniture and Mattresses. The provisions of 10.3.2 of this Code and Section 805 of the International Fire Code shall not apply to upholstered furniture and mattresses in mercantile occupancies. 37.7.4 Soiled Linen and Trash Receptacles. The requirements of 10.3.9 of this Code for containers for rubbish, waste, or linen with a capacity of 20 gal (75.7 L) or more shall not apply." (hh) Modification to Chapter 38: 1. Delete subparagraph 3 8.2.2.2.5 in its entirety and substitute in its place the following: "38.2.2.2.5 Delayed egress locks complying with 7.2.1.6.1 shall be permitted, provided, however, not more than one such device shall be permitted in the means of egress path involved." 2. Delete subparagraph 38.2.2.2.6 in its entirety and substitute in its place the following: "38.2.2.2.6 Access-controlled egress doors complying with 7.2.1.6.2 shall be permitted. For elevator lobby exit access doors see 38.2.2.2.3 and 7.2.1.6.3 (14)." 3. Add a new subparagraph 38.3.2.1.1 to read as follows: "38.3.2.1.1 The provisions of 38.3.2.1 shall not apply to rooms enclosing air handling equipment, compressor equipment, furnaces or other heating equipment with a total aggregate input rating less than 200,000 BTU input. Such rooms shall not be used for any combustible storage. A minimum of 30 inches (0.76 m) unobstructed access shall be provided and maintained to equipment and electrical or emergency control panels or devices for emergency response purposes."

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4. Delete subsections 38.7.1, 38.7.2, 38.7.3, and 38.7.4 in their entirety and substitute in their place the following:
"38.7.1 Emergency Planning and Preparedness. Business occupancies (Group B) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner.
38.7.2 Food Service Operations. Food service operations shall comply with 12.7.2 38.7.3 Upholstered Furniture and Mattresses. The provisions of 10.3.2 of this Code and Section 805 of the International Fire Code shall not apply to upholstered furniture and mattresses in mercantile occupancies. 38.7.4 Soiled Linen and Trash Receptacles. The requirements of 10.3.9 of this Code for containers for rubbish, waste, or linen with a capacity of 20 gal (75.7 L) or more shall not apply." (ii) Modification to Chapter 39: 1. Add an a new subparagraph 39.3.2.1.1 to read as follows: "39.3.2.1.1 The provisions of 39.3.2.1 shall not apply to rooms enclosing air handling equipment, compressor equipment, furnaces or other heating equipment with a total aggregate input rating less than 200,000 BTU input. Such rooms shall not be used for any combustible storage. A minimum of 30 inches (0.76 m) unobstructed access shall be provided and maintained to equipment and electrical or emergency control panels or devices for emergency response purposes." 2. Delete subsections 39.7.1, 39.7.2, 39.7.3, and 39.7.4 in their entirety and substitute in their place the following: "39.7.1 Emergency Planning and Preparedness. Business occupancies (Group B) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner. 39.7.2 Food Service Operations. Food service operations shall comply with 12.7.2 39.7.3 Upholstered Furniture and Mattresses. The provisions of 10.3.2 of this Code and Section 805 of the International Fire Code shall not apply to upholstered furniture and mattresses in mercantile occupancies. 39.7.4 Soiled Linen and Trash Receptacles. The requirements of 10.3.9 of this Code for containers for rubbish, waste, or linen with a capacity of 20 gal (75.7 L) or more shall not apply."

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(jj) Modification to Chapter 40: 1. Delete subsection 40.3.5 in its entirety and insert in its place the following: "40.3.5 Extinguishment Requirements. 40.3.5.1 Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all industrial occupancies classified as Group F and/or Group H occupancies as in the International Fire Code, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner, on each floor in accordance with 9.7.4.1 of this Code. 40.3.5.2 Automatic fire suppression systems. Automatic fire suppression systems shall be installed in industrial occupancies as required by the International Building Code, adopted by the Georgia Department of Community Affairs, with regard to construction type, area and height requirements, and other features as set forth in Table 1.4.4, CODES REFERENCE GUIDE. In addition, automatic fire suppression systems, and/or specialized automatic fire suppression systems, as required by the fire code authority having jurisdiction in accordance with the International Fire Code or other codes and standards adopted by the Georgia Safety Fire Commissioner, shall be installed and maintained in accordance with the provisions of the applicable codes and standards." 2. Delete subsections 40.7.1 and 40.7.2 in their entirety and substitute in their place the following: 40.7.1 Upholstered Furniture and Mattresses. The provisions of 10.3.2 of this Code and Section 805 of the International Fire Code shall not apply to upholstered furniture and mattresses in industrial occupancies. 40.7.2 Soiled Linen and Trash Receptacles. The requirements of 10.3.9 of this Code for containers for rubbish, waste, or linen with a capacity of 20 gal (75.7 L) or more shall not apply." 3. Add new section 40.8 to read as follows: "40.8 Emergency Planning and Preparedness. 40.8.1 Emergency Planning and Preparedness. Industrial occupancies otherwise classified under Group F and/or Group H in the International Fire Code, shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. 40.8.2 Employee Training and Response Procedures. Employees in the occupancies listed in Section 404.2 of the International Fire Code as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner, shall be trained in the fire emergency procedures described in their fire evacuation and life safety plans. Training shall be based on these plans and as described in Section 404.3 of the noted International Fire Code."

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(kk) Modification to Chapter 42: 1. Delete subsection 42.3.5 in its entirety and substitute in its place the following: "42.3.5 Extinguishment Requirements. 42.3.5.1 Portable Fire Extinguishers. Portable fire extinguishers shall be provided in all storage occupancies in accordance with 9.7.4.1. 42.3.5.2 Automatic fire suppression systems. Automatic fire suppression systems shall be installed in storage occupancies as required by the International Building Code, adopted by the Georgia Department of Community Affairs, with regard to construction type, area and height requirements, and other features as set forth in Table 1.4.4, CODES REFERENCE GUIDE. In addition, automatic fire suppression systems, and/or specialized automatic fire suppression systems, as required by the fire code authority having jurisdiction in accordance with the International Fire Code or other codes and standards adopted by the Georgia Safety Fire Commissioner, shall be installed and maintained in accordance with the provisions of the applicable codes and standards." 2. Delete subsections 42.9.1 and 42.8.2 in their entirety and substitute in their place the following: "42.9.1 Upholstered Furniture and Mattresses. The provisions of 10.3.2 of this Code and Section 805 of the International Fire Code shall not apply to upholstered furniture and mattresses in storage occupancies. 42.9.2 Soiled Linen and Trash Receptacles. The requirements of 10.3.9 of this Code for containers for rubbish, waste, or linen with a capacity of 20 gal (75.7 L) or more shall not apply." 3. Add a new section 42.10 to read as follows: "42.10 Emergency Planning and Preparedness. 42.10.1 Emergency Planning and Preparedness. Storage occupancies (Group S) and High Hazard occupancies (Group H) shall develop policies, procedures, plans, staff training, and safety practices for the protection of life prior to and during an emergency condition. Such policies, procedures, plans, staff training, and safety practices shall be developed and implemented in accordance with applicable provisions of Chapter 4 of the International Fire Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner." (ll) Modifications to Chapter 43: 1. Add a new subparagraph 43.1.4.5.1 to read as follows: "43.1.4.5.1 The provisions of 43.1.4.5 shall specifically apply to compliance with the International Fire Code (IFC) and other codes and standards promulgated and adopted with modifications by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. Accessibility issues shall be addressed in accordance with Chapter 120-3-20 of the Rules and Regulations of the Safety Fire Commissioner. Where any of the provisions of this Code chapter require compliance with a building code, it shall be construed that compliance is required as applicable with the International Building Code (IBC), as adopted by the Georgia Board of Community Affairs. (Also, refer to 120-3-3-.01, 120-3-3-.02,

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120-3-3-.03, and 120-3-3-.04(1) of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner."
2. Add a new paragraph 43.7.2.6 to read as follows: "43.7.2.6 The provisions of 43.7.2.4 and 43.7.2.5 shall be permitted to be modified by the authority having jurisdiction provided the intents and purposes of 102.3, 102.4, and 102.6 of the International Fire Code (IFC), as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner are met." 3. Delete subsections 43.10.1 and 43.10.2 in their entirety and substitute in their place the following: "43.10.1 General Requirements. Table 43.7.3 Hazard Categories and Classifications in 43.7.3 of this Code may be utilized as may be deemed appropriate by the authority having jurisdiction in the evaluation of historic buildings. 43.10.2 Application. The provisions of Chapter 43 shall be deemed as advisory and may be applied to buildings designated as historic to the degree deemed appropriate by the authority having jurisdiction, provided, however, the application of Chapter 43 and 43.10 provisions shall be coordinated as needed to ensure compliance with the requirements, intents, and purposes of 103.3, 102.4, and 102.6 of the International Fire Code (IFC) as adopted with modifications by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner are met." (mm) Modifications to Annex A: 1. Add a new (4) to A.3.3.188.7 to read as follows: "(4) Assisted Living Communities" 2. Delete (5) from A.3.3.188.12 in its entirety and substitute in its place the following: "(5) Community Living Arrangements with five or more residents" 3. Delete (1) from A.3.3.188.13 in its entirety and substitute in its place the following: "(1) One- and two-family dwellings and Community Living Arrangements with fewer than five residents (Chapter 24)" 4. Add a new (4) to A.6.1.5.1 to read as follows: "(4) Assisted Living Communities" 5. Delete (5) from A.6.1.9.1in its entirety and substitute in its place the following: "(5) Community Living Arrangements with five or more residents" (73) NFPA 101A, 2013 Edition, Guide on Alternative Approaches to Life Safety Modifications: (a) Modifications to Chapter 1: 1. Add a new Section 1.4 to read as follows: "1.4 This document is recognized strictly as a guide that may be used in evaluating systems or methods to determine equivalent compliance alternatives for buildings, structures and facilities which do not conform to the minimum requirements of the LSC adopted by this Chapter. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support

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of applicable provisions of other adopted codes or standards including the IFC adopted by this Chapter."
(74) NFPA 102, 2011 Edition, Standard for Grandstands, Folding and Telescopic Seating, Tents, and Membrane Structures
Modifications: 1. The 2011 edition of NFPA 102 is NOT adopted. The basic provisions of this standard have been incorporated into the 2012 Edition of NFPA 101, Life Safety Code as adopted by this Chapter 120-3-3. The provisions of the adopted Life Safety Code shall apply, as appropriate, to new and existing bleachers, grandstands, folding and telescopic seating. The Life Safety Code in coordination with the applicable provisions of the adopted edition of the International Fire Code shall apply to tents and membrane structures. 2. The following apply to facilities constructed prior to the effective date of the current Chapter of 120-3-3 Rules and regulations of the Safety Fire Commissioner. (a) Facilities constructed after April 1, 1968 but before January 1, 1991, shall be permitted to comply with the 1978 edition of NFPA 102, Standard for Grandstands, Folding, and Telescopic Seating, Tents, and Membrane Structures. (b) Facilities constructed after January 1, 1991, but before January 28, 1993, shall be permitted to comply with the 1986 edition of NFPA 102, Standard for Grandstands, Folding, and Telescopic Seating, Tents, and Membrane Structures. (c) Facilities constructed after January 28, 1993, but before March 09, 2010, shall be permitted to comply with the 1992 edition of NFPA 102, Standard for Grandstands, Folding, and Telescopic Seating, Tents, and Membrane Structures. (d) Facilities constructed after March 09, 2010, but before the adoption of the of the 2012 edition of the Life Safety Code, and as applicable the 2012 edition of the International Fire Code, shall be permitted to comply with the 2006 edition of NFPA 102, which had been previously adopted." (75) NFPA 105, 2013 Edition, Smoke Door Assemblies and Other Opening Protectives Modifications: (a) Modifications to Chapter 1: 1. Add a new subsection 1-1.3 to read as follows: "1-1.3 This document is recognized strictly as a recommended practice that may be used in evaluating the use of door assemblies in openings where the passage of smoke is to be governed. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards." (76) NFPA 110, 2013 Edition, Standard for Emergency and Standby Power Systems Modifications: None (77) NFPA 111, 2013 Edition, Standard on Stored Electrical Energy Emergency and Standby Power Systems Modifications: None

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(78) NFPA 115, 2012 Edition, Recommended Practice on Laser Fire Protection Modifications: (a) Modifications to Chapter 1: 1. Add a new subsection 1-1.1 to read as follows: "1-1.1 This document is recognized strictly as a recommended practice that may be used in evaluating the minimum fire protection criteria for the design, manufacture, installation, and use of lasers and associated equipment. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards." (79) NFPA 120, Edition, Standard for Coal Preparation Plants Modifications: (a) Refer to Chapter 120-3-24, Rules and Regulations of the Safety Fire Commissioner for the application of this Standard and the adopted edition and any modifications. (80) NFPA 122, 2010 Edition, Standard for Fire Prevention and Control in Metal / Nonmetal Mining and Metal Mineral Processing facilities Modifications: None (81) NFPA 130, 2010 Edition, Standard for Fixed Guideway Transit and Passenger Rail Systems Modifications: None (82) NFPA 140, 2013 Edition, Standard for Motion Picture and Television Production Studio Soundstages and Approved Facilities Modifications: None (83) NFPA 150, 2013 Edition, Standard on Fire Safety in Racetrack Stables Modifications: None (84) NFPA 160, 2011 Edition, Standard for Flame Effects Before an Audience Modifications: None (85) NFPA 170, 2012 Edition, Standard for Fire Safety Symbols Modifications: None (86) NFPA 204, 2012 Edition, Standard for Smoke and Heat Venting Modifications: None (87) NFPA 211, 2013 Edition, Standard for Chimneys, Fireplaces, Vents, and Solid Fuel Burning Appliances Modifications: None (88) NFPA 214, 2011 Edition, Standard on Water-Cooling Towers Modifications: None (89) NFPA 220, 2012 Edition, Standard on Types of Building Construction Modifications: None (90) NFPA 221, 2012 Edition, Standard for Fire Walls and Fire Barrier Walls Modifications: None

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(91) NFPA 232, 2012 Edition, Standard for the Protection of Records Modifications: None (92) NFPA 241, 2013 Edition, Standard for Safeguarding Construction, Alteration, and Demolition Operations Modifications: None (93) NFPA 252, 2012 Edition, Standard Methods of Fire Tests of Door Assemblies Modifications: None (94) NFPA 253, 2011 Edition, Standard Method of Test for Critical Radiant Flux of Floor Covering Systems Using a Radiant Heat Energy Source Modifications: None (95) NFPA 257, 2012 Edition, Standard on Fire Test for Window and Glass Block Assemblies Modifications: None (96) NFPA 259, 2013 Edition, Standard Test Method for Potential Heat of Building Materials Modifications: None (97) NFPA 260, 2013 Edition, Standard Methods of Tests and Classification System for Cigarette Ignition Resistance of Components of Upholstered Furniture Modifications: None (98) NFPA 261, 2013 Edition, Standard Method of Test for Determining Resistance of Mock-Up Upholstered Furniture Material Assemblies to Ignition by Smoldering Cigarettes Modifications: None (99) NFPA 262, 2011 Edition, Standard Method of Test for Flame Travel and Smoke of Wires and Cables for Use in Air-Handling Spaces Modifications: None (100) NFPA 265, 2011 Edition, Standard Methods of Fire Tests for Evaluating Room Fire Growth Contribution of Textile Coverings on Full Height Panels and Walls Modifications: None (101) NFPA 268, 2012 Edition, Standard Test Method for Determining Ignitability of Exterior Wall Assemblies Using a Radiant Heat Energy Source Modifications: None (102) NFPA 269, 2012 Edition, Standard Test Method for Developing Toxic Potency Data for Use in Fire Hazard Modeling Modifications: None (103) NFPA 270, 2013 Edition, Standard Method of Test for Measurement of Smoke Obstruction Using a Conical Radiant Source in a Single Closed Chamber Modifications: None (104) NFPA 274, 2013 Edition, Standard Test Method to Evaluate Fire Performance Characteristics of Pipe Insulation Modifications: None

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(105) NFPA 275, 2013 Edition, Standard Test Method of Fire Tests for the Evaluation of Thermal Barriers Used Over Foam Plastic Insulation
Modifications: None (106) NFPA 276, 2011 Edition, Standard Method of Fire Test for Determining the Heat Release Rate of Roofing Assemblies with Combustible Above-Deck Roofing Components Modifications: None (107) NFPA 285, 2012 Edition, Standard Method of Test for the Evaluation of Flammability Characteristics of Exterior Non-Load-Bearing Wall Assemblies Containing Combustible Components Using the Intermediate-Scale, Multistory Test Apparatus Modifications: None (108) NFPA 286, 2011 Edition, Standard Method of Fire Tests for Evaluating Contribution of Wall and Ceiling Interior Finish to Room Fire Growth Modifications: None (109) NFPA 287, 2012 Edition, Standard Methods for Measurement of Flammability of Materials in Cleanrooms Using a Fire Propagation Apparatus (FPA) Modifications: None (110) NFPA 288, 2012 Edition, Standard Methods of Fire Tests of Floor Fire Door Assemblies Installed Horizontally in Fire Resistance-Rated Floor Systems Modifications: None (111) NFPA 289, 2013 Edition, Standard Method of Fire Test for Individual Fuel Packages Modifications: None (112) NFPA 291, 2013 Edition, Recommended Practice for Fire Flow Testing and Marking of Hydrants Modifications: 1. Add a new subsection 1.1.4 to read as follows: "1.1.4 This document is recognized strictly as a recommended practice that may be used in evaluating the design of facilities for the emergency venting of products of combustion. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards." (113) NFPA 302, 2010 Edition, Fire Protection Standard for Pleasure and Commercial Motor Craft Modifications: None (114) NFPA 303, 2011 Edition, Fire Protection Standard for Marinas and Boatyards Modifications: None (115) NFPA 306, 2009 Edition, Standard for the Control of Gas Hazards on Vessels Modifications: None

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(116) NFPA 307, 2011 Edition, Standard for the Construction and Fire Protection of Marine Terminals, Piers, and Wharves
Modifications: None (117) NFPA 312, 2011 Edition, Standard for Fire Protection of Vessels During Construction, Repair, and Lay-Up Modifications: None (118) NFPA 318, 2012 Edition, Standard for the Protection of Semiconductor Fabrication Facilities Modifications: None (119) NFPA 326, Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning or Repair Modifications: (a) Refer to Chapter 120-3-11, Rules of the Safety Fire Commissioner, for the adopted edition and any modifications. (120) NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases Modifications: (a) Refer to Chapter 120-3-11, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications. (121) NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids Modifications: (a) Refer to Chapter 120-3-11, Rules and Regulations of the Safety Fire Commissioner, for the adopted edition and any modifications. (122) NFPA 400, 2013 Edition, Hazardous Materials Code Modifications: None (123) NFPA 407, Standard for Aircraft Fuel Servicing Modifications: (a) Refer to Chapter 120-3-11, Rules and Regulations of the Safety Fire Commissioner, for the adopted edition and any modifications. (124) NFPA 408, 2010 Edition, Standard for Aircraft Hand Portable Fire Extinguishers Modifications: None (125) NFPA 409, 2011 Edition, Standard on Aircraft Hangars Modifications: None (126) NFPA 410, 2010 Edition, Standard on Aircraft Maintenance Modifications: None (127) NFPA 415, 2013 Edition, Standard on Airport Terminal Buildings, Fueling Ramp Drainage, and Loading Walkways Modifications: None (128) NFPA 418, 2011 Edition, Standard for Heliports Modifications: None

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(129) NFPA 423, 2010 Edition, Standard for Construction and Protection of Aircraft Engine Test Facilities
Modifications: None (130) NFPA 424, 20113 Edition, Guide for Airport / Community Emergency Planning Modifications: 1. Add a new subsection 1.1.1 to read as follows: "1.1.1 This document is recognized strictly as a guide to provide information for the elements of an airport/community emergency plan. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards." (131) NFPA 484, Standard for Combustible Metals Modifications: (1) Refer to Chapter 120-3-24, Rules and Regulations of the Safety Fire Commissioner for the application of this standard and the adopted edition and any modifications. (132) NFPA 495, Explosive Materials Code Modifications: (1) Refer to Chapter 120-3-24, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications. (133) NFPA 496, Standard for Purged and Pressurized Enclosures for Electrical Equipment Modifications: (1) Refer to Chapter 120-3-10, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications. (134) NFPA 497, 2012 Edition, Recommended Practice for the Classification of Flammable Liquids, Gases, or Vapors and of Hazardous (Classified) Locations for Electrical Installations in Chemical Process Areas Modifications: (a) Modifications to Chapter 1: 1. Add a new paragraph 1-1.7 to read as follows: "1-1.7 This document is recognized strictly as a recommended practice for locations where flammable gases or vapors, flammable liquids, or combustible liquids are processed or handled and where their release into the atmosphere may result in their ignition by electrical systems or equipment. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards."

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(135) NFPA 498, 2013 Edition, Standard for Safe Havens and Interchange Lots for Vehicles Transporting Explosives
Modifications: (a) Refer to Chapter 120-3-10, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications. (136) NFPA 501A, 2013 Edition, Standard for Fire Safety Criteria for Manufactured Home Installations, Sites, and Communities Modifications: None (137) NFPA 502, 2011 Edition, Standard for Road Tunnels, Bridges, and Other Limited Access Highways Modifications: (a) Modifications to Chapter 1: 1. Add a new subsection 1.1.5 to read as follows: "1.1.5 This document is recognized strictly as a recommended practice for the evaluation of the design, construction, operation, maintenance, and fire protection of limited access highways, tunnels, bridges, elevated roadways, depressed roadways and air-right structures. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards." (138) NFPA 505, 2013 Edition, Fire Safety Standard for Powered Industrial Trucks Including Type Designations, Areas of Use, Conversions, Maintenance, and Operations Modifications: None (139) NFPA 520, 2010 Edition, Standard on Subterranean Spaces Modifications: None (140) NFPA 551, 2013 Edition, Standard on Evaluation of Fire Risk Assessments Modifications: None (141) NFPA 555, 2023 Edition, Guide on Methods for Evaluating Potential for Room Flashover Modifications: (a) Modifications to Chapter 1: 1. Add a new paragraph 1.1.2 to read as follows: "1.1.2 This document is recognized strictly a guide for evaluating the potential for room flashover from fire involving the contents, furnishings, and the interior finish of a room. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards." (142) NFPA 557, 2012 Edition, Standard for Determination of Fire Loads for Use in Structural Fire Protection Design Modifications: None

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(143) NFPA 560, 2007 Edition, Standard for the Storage, Handling, and Use of Ethylene Oxide for Sterilization and Fumigation
Modifications: None (144) NFPA 600, 2010 Edition, Standard on Industrial Fire Brigades Modifications: (a) Modifications to Chapter 1: 1. Delete subsection 1-1.2 in its entirety and substitute in its place the following: "1-1.2 This document is recognized as a recommended practice for the establishment of the minimum requirements for organizing, operating, training and equipping industrial fire brigades. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards." (145) NFPA 654, Edition, Standard for the Prevention of Fire and Dust Explosions from Manufacturing, Processing, and Handling of Combustible Particulate Solids Modifications: (a) Refer to Chapter 120-3-24, Rules and Regulations of the Safety Fire Commissioner for the application of this Standard and the adopted edition and any modifications. (146) NFPA 655, Edition, Standard for Prevention of Sulfur Fires and Explosions Modifications: (a) Refer to Chapter 120-3-24, Rules and Regulations of the Safety Fire Commissioner for the application of this Standard and the adopted edition and any modifications. (147) NFPA 664, Edition, Standard for the Prevention of Fires and Explosions in Wood Processing and Woodworking Facilities Modifications: (a) Refer to Chapter 120-3-24, Rules and Regulations of the Safety Fire Commissioner for the application of this Standard and the adopted edition and any modifications if Standard industry Code is specified in paragraph 1(b) of rule 120-3-24-.02. All other applications shall be as specified in the 2007 edition of this standard without modification. (148) NFPA 701, 2010 Edition, Standard Methods of Fire Tests for Flame Propagation of Textiles and Films Modifications: None (149) NFPA 703, 2012 Edition, Standard for Fire-Retardant-Treated Impregnated Wood and Fire-Retardant Coatings for Building Materials Modifications: None (150) NFPA 704, 2012 Edition, Standard System for the Identification of the Hazards of Materials for Emergency Response Modifications: None (151) NFPA 705, 2013 Edition, Recommended Practice for a Field Flame Test for Textiles and Films Modifications: None

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COUNTY HOME RULE ORDINANCES

(152) NFPA 720, 2012 Edition, Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment
Modifications: None (153) NFPA 750, 2010 Edition, Standard on Water Mist Fire Protection Systems Modifications: None (154) NFPA 780, 2011 Edition, Standard for the Installation of Lighting Protection Systems Modifications: None (155) NFPA 790, 2012 Edition, Standard for Competency of Third Party Field Evaluation Bodies Modifications: None (156) NFPA 791, 2012 Edition, Recommended Practice and Procedures for Unlabeled Electrical Equipment Evaluation Modifications: None (157) NFPA 801, 2008 Edition, Standard for Fire Protection for Facilities Handling Radioactive Materials Modifications: None (158) NFPA 804, 2010 Edition, Standard for Fire Protection for Advanced Light Water Reactor Electric Generating Plants Modifications: None (159) NFPA 805, 2010 Edition, Performance-Based Standard for Fire Protection for Light Water Reactor Electric Generating Plants Modifications: None (160) NFPA 806, 2010 Edition, Performance-Based Standard for Fire Protection for Advanced Nuclear Reactor Electric Generating Plants Change Process Modifications: None (161) NFPA 820, 2012 Edition, Standard for Fire Protection in Wastewater Treatment and Collection Facilities Modifications: None (162) NFPA 850, 2010 Edition, Recommended Practice for Fire Protection for Electric Generating Plants and High Voltage Direct Current Converter Stations Modifications: (a) Modifications to Chapter 1: 1. Add a new subsection 1-1.1 to read as follows: "1-1.1 This document is recognized strictly a recommended practice for fire prevention and fire protection for electric generating plants and high voltage direct current converter stations except as specified in 1-1. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards."

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(163) NFPA 851, 2010 Edition, Recommended Practice for Fire Protection for Hydroelectric Generating Plants
Modifications: (a) Modifications to Chapter 1: 1. Add a new subsection 1-1.1 to read as follows: "1-1.1 This document is recognized strictly a recommended practice for fire prevention and fire protection for hydroelectric generating plants. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is not in the form of a stand-alone enforceable code or standard, however, it may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards." (164) NFPA 909, 2013 Edition, Code for the Protection of Cultural Resource Properties Museums, Libraries, and Places of Worship Modifications: (a) Modifications to Chapter 1: 1. Add a new subsection 1.1.3 to read as follows: "1.1.3 This document is recognized strictly as a recommended practice for fire prevention and fire protection for various cultural resources. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is in the form of a stand-alone enforceable code or standard, however, it is not adopted as a minimum state code or standard. It may be used in conjunction with and in the support of applicable provisions of other adopted codes or standards, or it may be adopted and enforced by a local jurisdiction under local ordinance." (b) Modification to Chapter 3: 1. Delete the definition 3.3.25 for Fire Hazard and substitute in its place the following: "3.3.25 "Fire Hazard" means for the intents and purposes of this Code, an activity, circumstance, condition, situation, combination of materials, material process, use or improper use of heat sources, or that on the basis of applicable documentation, data, or information sources deemed reliable by the authority having jurisdiction, can cause an unwanted fire, a fire out of control, an explosion, or a related condition, such as panic from a fear of smoke, fire, or explosion, that the authority having jurisdiction determines to be a risk to persons, to property, or to the health, safety, and or welfare of the jurisdiction." (165) NFPA 914, 2010 Edition, Code for Fire Protection of Historic Structures Modifications: (a) Modifications to Chapter 1: 1. Add a new subsection 1.1.3 to read as follows: "1.1.3 This document is recognized strictly as a recommended practice for fire prevention and fire protection of historic structures. Recommendations may be based on the document where deemed appropriate by the authority having jurisdiction. The document is in the form of a stand-alone enforceable code or standard, however, it is not adopted as a minimum state code or standard. It may be used in conjunction with and in the support of applicable

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provisions of other adopted codes or standards, or it may be adopted and enforced by a local jurisdiction under local ordinance."
(b) Modifications to Chapter 3: 1. Delete the definition 3.3.25 for Fire Hazard and substitute in its place the following: "3.3.25 "Fire Hazard" means for the intents and purposes of this Code, an activity, circumstance, condition, situation, combination of materials, material process, use or improper use of heat sources, or that on the basis of applicable documentation, data, or information sources deemed reliable by the authority having jurisdiction, can cause an unwanted fire, a fire out of control, an explosion, or a related condition, such as panic from a fear of smoke, fire, or explosion, that the authority having jurisdiction determines to be a risk to persons, to property, or to the health, safety, and or welfare of the jurisdiction." (166) NFPA 1122, Code for Model Rocketry Modifications: (a) Refer to Chapter 120-3-22, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications. (167) NFPA 1123, Code for Fireworks Display Modifications: (a) Refer to Chapter 120-3-22, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications. (168) NFPA 1124, Code for the Manufacture, Transportation, Storage and Retail Sales of Fireworks and Pyrotechnic Articles Modifications: (a) Refer to Chapter 120-3-22, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications. (169) NFPA 1125, Code for the Manufacture of Model Rocket and High Power Rocket Motors Modifications: (a) Refer to Chapter 120-3-22, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications. (170) NFPA 1126, Standard for the Use of Pyrotechnics before a Proximate Audience Modifications: (a) Refer to Chapter 120-3-22, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications. (171) NFPA 1127, Code for High-Power Rocketry Modifications: (a) Refer to Chapter 120-3-22, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications. (172) NFPA 1142, 2012 Edition, Standard on Water Supplies for Suburban and Rural Fire Fighting Modifications: None

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(173) NFPA 1221, 2013 Edition, Standard for the Installation, Maintenance, and Use of Emergency Services Communications Systems
Modifications: None (174) NFPA 1961, 2013 Edition, Standard on Fire Hose Modifications: None (175) NFPA 1962, 2013 Edition, Standard for the Inspection, Care, and Use of Fire Hose, Couplings, and Nozzles and the Service Testing of Fire Hose Modifications: None (176) NFPA 1963, 2009 Edition, Standard for Fire Hose Connections Modifications:
None Modifications: None (177) NFPA 2001, 2012 Edition, Standard on Clean Agent Fire Extinguishing Systems Modifications: (a) Modification to Chapter 4: 1. Delete subsection 7.1.1 in its entirety and substitute in its place the following: "7.1.1 At least annually, all systems shall be thoroughly inspected and tested for proper operation by personnel qualified in the installation and testing of clean agent extinguishing systems and licensed and/or permitted in accordance with Chapter 12 of Title 25 of the Official Code of Georgia Annotated . Discharge tests shall not be required." 2. Delete subsection 7.6.1 in its entirety and substitute in its place the following: "7.6.1 All persons who could be expected to inspect, test, maintain, or operate fire extinguishing systems shall be licensed and/or permitted in accordance with Chapter 12 of Title 25 of the Official Code of Georgia Annotated and thoroughly trained and kept thoroughly trained in the functions they are expected to perform." (178) NFPA 2010, 2010 Edition, Fixed Aerosol Fire Extinguishing Systems Modifications: None (179) International Wildland-Urban Interface Code (IWUIC), 2012 Edition Modifications: (a) Modifications to Chapter 1: 1. Delete section 101.1 in its entirety and substitute in its place the following: "101.1Title. The International Fire Code, 2012 edition, published by the International Code Council, shall be known as a Georgia State Wildland-Urban Interface Code, hereafter referred to as "this Code"." 2. Delete section 101.2 in its entirety and substitute in its place the following: "101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, repair, maintenance and use of any building, structure or premises within the wildland-urban interface areas designated by local jurisdictions by ordinance." (Note: See sample Ordinance on page xi of this Code for application and designated fire area.) Buildings or conditions in existence at the time of the adoption of this code are allowed to have their use or occupancy continued, if such condition, use or occupancy was legal at the

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time of the adoption of this code, provided such continued use does not constitute a distinct danger to life or property.
Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this code for new buildings or structures.
101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted by local ordinance."

120-3-3-.05 Obstruction of and Access to Fire Hydrants. (1) It shall be unlawful for any person in any manner to obstruct the use of any fire hydrant or place any material or objects as to obstruct its view from the roadway or other approach. (2) Hydrant locks shall not be permitted on hydrant valves unless approved in writing by the Fire Chief of the responding fire department. (3) Fire hydrants shall be accessible to fire service personnel at all times. No person shall place or maintain any post, fence, vehicle, vegetation, growth, trash, or storage of any other materials that would obstruct the view of or access to a fire hydrant and hinder or prevent its immediate use by fire service personnel. (4) A minimum clearance of 36 inches to and around the requirements shall be maintained for the safe and efficient operation of the fire hydrant. The front of the hydrant shall be open to the roadway or approach and the minimum clearance in the rear of the hydrant from discharge nozzle to discharge nozzle shall be no less than three feet. The minimum clearance of three feet out from the hydrant shall be maintained out to the roadway or approach. (5) Any roadway in front of the hydrant shall be kept clear of vehicles for fifteen feet in either direction in accordance with 40-6-203 of the Official Code of Georgia Annotated. (6) No person shall change the paint color of a fire hydrant from that established or set by the authority having jurisdiction. (7) Existing non-movable obstructions such as a pre-existing buildings power poles or other non-movable obstructions located within three feet of the hydrant may remain if in existence prior to the implantation of this regulation. Such obstruction approval shall be documented and records kept on file by local authorities.

120-3-3-.06 Request for Modification of Specific Requirements. Upon receipt of a sworn affidavit stating all relevant facts and circumstances and such other information as may be required, the State Fire Marshal may recommend to the Georgia Safety Fire Commissioner that specific requirements of this Chapter and the codes and standards adopted herein be modified to allow alternative arrangements that will secure as nearly equivalent measures as practical for the prevention of injury to persons and property. The Georgia Safety Fire Commissioner in his discretion may accept the State Fire Marshal's recommendation and grant the requested modification. Authority. - O.C.G.A. 25-2-4, 33-2-9, and 50-13-21.

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120-3-3-.07 Fire Safety Information to be Furnished in Hotels, Motels, Dormitories, Apartments, Community Living Arrangements and Personal Care Homes.
(1) This Rule shall apply to every new and existing hotel, motel and dormitory that comes within O.C.G.A. Section 25-2-13(b); and every apartment building three or more stories in height that comes within O.C.G.A. Section 25-2-13(b); and every personal care home licensed for seven or more persons. Provided, however, that nothing herein shall apply to condominiums or any individually owned residential unit within any of the aforesaid buildings.
(a) Every sleeping room located in any such hotel, motel, dormitory, apartment or personal care home shall contain the following fire safety information on a placard or decal language meeting the requirements of paragraph (2) herein, which shall be prominently affixed on the inside of every exit access door contained in any of the aforesaid rooms. When affixed, said placard or decal shall be unobstructed by curtains, shades or other materials. Exception: Single story hotels and motels where each guestroom has a door opening directly outside at street or ground level.
"SAFETY TIPS" 1. Never smoke in bed. 2. Locate fire exits on this floor. (Note: Do NOT consider elevators as exits.) 3. Count the number of doors to the nearest exit, and check for any possible obstructions. 4. (When applicable: Locate fire alarm pull stations on this floor.) 5. (When applicable: Locate fire extinguishers on this floor.) 6. Check any windows to see if they can be opened; if so determine how they open. 7. Keep your room key on a table next to your bed. 8. If you leave your room, keep door closed and take your key. 9. Write down the number for the local fire department and keep it next to the phone. THE
LOCAL FIRE DEPARTMENT NUMBER IS ____________ . "IN CASE OF FIRE" DON'T PANIC; remain calm. 1. Report fire to front desk or fire department as appropriate. 2. If room is smoky, get on hands and knees (or stomach) and crawl to door. 3. Feel door knob; If HOT, do NOT open door; if cool, open slowly. 4. If hallway is smoky, stay next to wall and count the doors as you crawl to exit. 5. Do NOT use any elevators. 6. Do NOT prop open doors to exit staircase. 7. Hang on to handrail and WALK DOWN exit staircase. 9. (When applicable: Pull fire alarm as you evacuate.) "IF YOU CANNOT LEAVE THIS ROOM" 1. Notify (or Call) front desk (or manager, fire department, or other appropriate person) and
let them know where you are. 2. Wet sheets, towels or clothing and stuff them in all cracks around doors and vents. 3. (When applicable: Turn on bathroom fan.)

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4. Check to see if there is smoke OUTSIDE window; if NO smoke and if any window can be opened, hang a sheet or light colored material outside.
5. (When applicable: Fill bathtub (or sink) with cold water for firefighting.) 6. Using ice bucket or other container, keep doors and walls wet. 7. If room is smoky, fold a wet towel in a triangle and tie over your nose and mouth; stay
low. 8. Make yourself visible to rescue personnel through any window or balcony; DO NOT
JUMP! 9. Keep fighting fire until help arrives; DON'T GIVE UP!
FOR YOUR SAFETY, THIS BUILDING HAS THE FOLLOWING: (List all of the following and any additional items as applicable.) 1. Automatic sprinkler protection in every room. 2. Automatic sprinkler protection in every hallway. 3. Automatic smoke detectors in every room. 4. Automatic smoke detectors in every hallway. 5. Fire extinguishers on every floor. 6. Fire alarm pull stations at every exit. 7. Posted evacuation plans in every room. 8. Pressurized staircase with self-closing doors. (NOTE: In case of fire, do NOT prop
doors open.) 9. Fire safety staircase with self-closing doors. (NOTE: In case of fire, do NOT prop doors
open.) 10. Emergency lighting and exit lights. 11. Fire resistant drapery and bedding. 12. An alternative fire exit to the roof. (NOTE: To be used ONLY if heavy smoke is
encountered when walking DOWN the exit staircase.) (b) Every owner or manager of any such apartment building shall furnish to all tenants therein the fire safety information specified in subparagraph (a) herein on a placard or decal meeting requirements of paragraph (2) herein, and shall request each tenant to affix the placard or decal in a prominent location so as to be visible to the tenant and to any visitors. (2) The information specified in subparagraph (a) of main paragraph (1) herein shall be contained on a placard or decal at least 8-1/2 inches by 14 inches (215.9 mm by 355.6 mm) in size. The text shall be legibly printed in a minimum of twelve-point bold type. The headings contained therein shall be legibly printed in a minimum of 48-point type and the wording shall be in the English language. Exception No. 1: Fire safety information placards or decals are not required on resident sleeping room doors in personal care homes and apartments provided there are records, signed by the individual residents of the facility, which indicates that they have received the same information as required above in the facilities operations, policy or similar manual. Fire safety information shall be reviewed during Fire Drills performed in accordance with

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the appropriate occupancy chapter of NFPA 101, Life Safety Code, as adopted by this Chapter.
Exception No. 2: Existing fire safety information placards or decals at least 8-1/2 inches by 14 inches (215. mm by 355.6 mm) in size with legibly printed text in a minimum of twelve-point leaded, one-point type and whose headings are legibly printed in a minimum of 48-point type in the English language Example of 48-point type:

"SAFETY TIPS"
Example of 12-point type: Emergency lighting and exit lights. (3) The information specified in subparagraph (a) of paragraph (1) herein is intended to
be a minimum list of fire safety tips and emergency procedures. The owner or manager of the building may modify the text of the information specified in subparagraph (a) of paragraph (1) herein as follows:
(a) To correspond with the structural features of any such building, or any room located therein; (b) To facilitate the communication of such information upon consideration of the age or primary language of the guests, residents or students occupying any such building; and (c) To add other appropriate information to the extent deemed necessary by local fire safety personnel. (4) A placard or decal shall be affixed above the call button for every elevator located in any such hotel, motel, dormitory or apartment building which shall state in bold and conspicuous type: "IN THE EVENT OF FIRE, DO NOT USE THIS ELEVATOR." In conjunction with such placard or decal, an evacuation route shall be posted with arrows indicating the direction of the nearest fire exit. Authority. - O.C.G.A. 25-2-4, 33-2-9, and 50-13-21.

120-3-3-.08 Accessibility to and Use of Public Facilities by Persons with Disabilities. The requirements for accessibility to and use of public facilities shall be as provided in O.C.G.A. Title 30, Chapter 3, and Chapter 120-3-20, Rules and Regulations of the Safety Fire Commissioner.
Note: Chapter 120-3-20, the "Georgia Accessibility Code" may be available for download in Adobe Acrobat format from www.gainsurance.org or by purchase from the Georgia State Fire Marshal's Office. Authority. - O.C.G.A. 25-2-4, 33-2-9, and 50-13-21.

120-3-3-.09 Parking Space Designation for Persons with Disabilities. The requirements for identifying parking spaces for persons with disabilities shall be as specified in O.C.G.A. Title 40, Chapter 6, Article 10, Part 2.

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Authority. - O.C.G.A. 25-2-4, 33-2-9, and 50-13-21.

120-3-3-.10 Notes: (1) The National Fire Protection Association Standards adopted in this Chapter are on file
in the Office of the State Fire Marshal and are available for viewing. (2) Copies of the National Fire Protection Association Standards may be obtained from: National Fire Protection Association 1 Batterymarch Park Quincy, MA 02269-9101 Phone: 800-344-3555 Main 617-770-3000 www.nfpacatolog.org (3) Copies of the International Code Council codes are on file in the Office of the State
Fire Marshal and are available for viewing. Copies may be obtained from: International Code Council 1-888-ICC-SAFE (422-7233) or www.isafe.org
(4) The editions of the codes and standards adopted under this Chapter 120-3-3 may not be the most currently available editions published by the National Fire Protection Association or the International Code Council. For the intents and purposes of O.C.G.A. 25-2-4 and the Rules and Regulations of the Safety Fire Commissioner, it is not compliant, practical nor in the best interest of the citizens of Georgia to attempt to promulgate the most current editions of nationally recognized codes or standards when published without the required evaluation and public review. Based on various provisions of O.C.G.A. 25-2 and Article 1 of O.C.G.A 25-3, local governing bodies of this State are authorized to enact ordinances, regulations, or codes that may be required in order for the jurisdiction to satisfy intents and purposes that are not required of the Commissioner under O.C.G.A. 25-4. Any local ordinances, regulations, or codes enacted by a local governing body shall not be less restrictive or protective than the "state minimum fire safety standards" promulgated in conformance with O.C.G.A. 25-2-4 and other provisions of 25-2. Authority O.C.G.A. 25-2-4, 25-2-12, 25-2-12.1, 25-2-13, 25-3-4, 25-3-6, and 8-9-20(9)(D)

120-3-3-.11 Severability. If any rule or portion thereof contained in this chapter is held invalid by a court of competent jurisdiction, the remainder of the rules herein and the applicability of such provisions to other circumstances shall not be affected thereby. Authority - O.C.G.A. 25-2-4, 33-2-9, and 50-13-21

ORDINANCE 2014-85

The first reading of the above and foregoing Ordinance was held at the Regular Business Meeting of the Board of County Commissioners of Clayton County on April 15, 2014 with

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the following members present and accepting in favor of same by general consensus: Chairman Jeffrey E. Turner, Vice-Chairman Shana M. Rooks, Commissioner Sonna Singleton, Commissioner Michael Edmondson, and Commissioner Gail B. Hambrick.

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK CLAYTON COUNTY BOARD OF COMMISSIONERS

The second reading of the above and foregoing Ordinance was held at the Regular Business meeting of the Board of County Commissioners of Clayton County on May 6, 2014 with the following members present and voting for adoption in favor of same: Chairman Jeffrey E. Turner, Vice-Chairman Shana M. Rooks, Commissioner Sonna Singleton, Commissioner Michael Edmondson, and Commissioner Gail B. Hambrick. Vote unanimous.

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK CLAYTON COUNTY BOARD OF COMMISSIONERS

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF CLAYTON

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 Clayton News Daily, published at Jonesboro, County of Clayton, 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.: 193254 Name and File No.: FIRE PREVENTION a true copy of which is hereto attached, was published in said newspaper on the following date(s): 05/31/14 Sat

s/ J. K. MURPHY J. K. Murphy, SCNI Vice President of Content

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s/ TINA PETHEL By Tina Pethel SCNI Controller

Sworn and subscribed before me on 06/17/14

s/ KAREN S. PEOPLES My commission expires June 12, 2015 [SEAL]

PUBLIC NOTICE CLAYTON COUNTY

NOTICE of an ordinance amending the code of Clayton County, Georgia, as amended, specifically chapter 42 "Fire Prevention and protection", article ii "fire prevention code', section 42-31.1 "Adoption; compliance" by deleting section 42-31.1(a) in its entirety and by substituting section 42-31.1. The purpose of this amendment is to incorporate applicable state law recently adopted in the 2012 edition of the international fire code and the 2012 edition of the national fire protection association 101 life safety code.
The Clayton County Board of Commissioners voted to approve this amendment at its May 6, 2014, business meeting.
A copy of the subject Ordinance is on file in the Office of the Clerk of the Board of Commissioners of Clayton County, Clayton County Administration Building, 112 Smith Street, Jonesboro, Georgia 30236. Questions and inquiries concerning this matter may be directed to Christie Barnes, Clayton County Chief Staff Attorney, 112 Smith Street, Jonesboro, Georgia; (770) 477-3207.

SABRINA WISE ASSISTANT CLERK, BOARD OF COMMISSIONERS

Filed in the Office of the Secretary of State July 24, 2014. __________

RABUN COUNTY ) OBSTRUCTIONS AND ENCROACHMENTS TO RIGHT-OF-WAY.

BE IT ORDAINED by the Board of Commissioners of Rabun County, Georgia, CHAPTER 28 of Rabun County's CODE OF ORDINANCES titled "OFFENSES AND MISCELLANEOUS PROVISIONS" is hereby amended by adding Section 28-23, which shall henceforth read as follows:

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Sec. 28-23. ) OBSTRUCTIONS OR ENCROACHMENTS OF ANY KIND OR CHARACTER IN OR UPON THE RIGHT-OF-WAY.

It shall be unlawful for any person or entity to place or leave any equipment, vehicles, debris, obstructions or encroachments of any kind or character in or upon the right-of-way, for a continuous period of more than 24 hours, of any road or street which is owned or maintained by Rabun County. Any equipment, vehicles, debris, obstructions or encroachments of any kind or character which are placed or left in or upon the right-of-way of any road or street which is owned or maintained by Rabun County for more than 24 hours shall be deemed abandoned.

Any person, at the direction of a duly authorized law enforcement officer, is hereby authorized to remove, or have removed at their direction, any equipment, vehicles, debris, obstructions or encroachments of any kind or character which are placed or left in or upon the right-of-way of any road or street which is owned or maintained by Rabun County, under any of the circumstances hereinafter enumerated. The Board of Commissioners hereby finds and determines that such equipment, vehicles, debris, obstructions or encroachments of any kind or character under such circumstances are obstructions to traffic and road maintenance efforts or public nuisances. Any such equipment, vehicles, debris, obstructions or encroachments of any kind or character are authorized to be removed under any of the following circumstances:
(1) When any equipment, vehicles, debris, obstructions or encroachments of any kind or character are left unattended upon any right-of-way (whether said right-of-way is deeded or prescriptive in nature), or where such equipment, vehicles, debris, obstructions or encroachments of any kind or character constitute an obstruction to traffic;
(2) When any equipment, vehicles, debris, obstructions or encroachments of any kind or character are abandoned as prohibited in this article;
(3) When any equipment, vehicles, debris, obstructions or encroachments of any kind or character is blocking any emergency access lane.

Unless specifically amended or modified herein, all remaining portions of Chapter 28 of Rabun County's CODE OF ORDINANCES titled "OFFENSES AND MISCELLANEOUS PROVISIONS" shall remain in full force and effect, unchanged and unamended hereby.

PLACED ON FIRST READING AT THE REGULAR MEETING ON THE 22nd DAY OF July, 2014.

PLACED ON FINAL HEARING AND ADOPTION ON THE 26th DAY OF August, 2014.

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Any ordinance in conflict with said ordinance amendment is specifically repealed. This ordinance shall become effective immediately upon adoption, after the second reading by the County.

RABUN COUNTY, by and through its Board of Commissioners

s/ GREG JAMES L.S. Greg James, Chairman

s/ STEPHEN ARBITER L.S. Stephen Arbiter

s/ KAY D. DARNELLL.S. Kay D. Darnell

s/ JIMMY LOUDERMILK L.S. Jimmy Loudermilk

s/ WILL NICHOLS L.S. Will Nichols

This is to certify that the above Ordinance was adopted at a regular meeting of the Rabun County Board of Commissioners as provided by law. This 26 day of August, 2014.

s/ DEBBIE JACOBS Debbie Jacobs, County Clerk

AFFIDAVIT OF PUBLICATION

STATE OF GEORGIA COUNTY OF RABUN

Personally appeared before the undersigned, Michael Leonard, who having been duly sworn on oath that he is the Publisher of The Clayton Tribune, and that the legal advertisement for:

Ordinance amending Chapter 28 of the Rabun County Code Offenses and miscellaneous provisions

was published in The Clayton Tribune on the following dates:

8/07/2014 8/14/2014 8/21/2014

s/ MICHAEL LEONARD Affiant

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Sworn to and subscribed before me This 8th day of September, 2014

s/ ADELHEID COOK Notary Public RABUN COUNTY, GEORGIA [NOTARY SEAL]

NOTICE OF COUNTY ORDINANCE Notice is hereby given that the Rabun County Board of Commissioners shall consider at its regular monthly meeting to be held at 6:00 p.m. on Tuesday, August 26, 2014, in the court room of the Rabun County Courthouse, 25 Courthouse Square, Clayton, Georgia, 30525 on the second reading; the adoption of an ordinance. This ordinance pertains to: AN ORDINANCE AMENDING CHAPTER 28 OF THE RABUN COUNTY CODE TITLED "OFFENSES AND MISCELLANEOUS PROVISIONS" which prohibits the placing or leaving of any equipment, vehicles, debris, obstructions or encroachments of any kind or character in or upon the right-of-way of any road or street which is owned or maintained by Rabun County. At said meeting, the Board of Commissioners will discuss, consider and receive public input concerning the proposed Ordinance amendment. A copy of said Ordinance amendment is on file for public inspection at the Office of the Clerk of Rabun County Superior Court for the purpose of examination and inspection by the public and also at the Office of the Clerk of Rabun County Commissioners, Rabun County Courthouse, Clayton, Georgia.

Filed in the Office of the Secretary of State September 25, 2014. __________

RABUN COUNTY ZONING; DEFEATED ZONING OR VARIANCE REQUESTS.

BE IT ORDAINED by the Board of Commissioners of Rabun County, Georgia, CHAPTER 56 of Rabun County's CODE OF ORDINANCES titled "ZONING" is hereby amended by adding Section 56-263, which shall henceforth read as follows:

Sec. 56-263. - DEFEATED ZONING OR VARIANCE REQUESTS.

If the zoning decision of the Board of Commissioners is for the rezoning of property or for a variance request concerning property, and the amendment to the zoning ordinance to accomplish the rezoning or the variance request is defeated, then the same property may not again be considered for rezoning or for a variance request until the expiration of at least six

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months immediately following the defeat of the rezoning or variance request by the Board of Commissioners.

Unless specifically amended or modified herein, all remaining portions of Chapter 56 of Rabun County's CODE OF ORDINANCES titled "ZONING" shall remain in full force and effect, unchanged and unamended hereby.

PLACED ON FIRST READING AT THE REGULAR MEETING ON THE 22nd DAY OF July, 2014.

PLACED ON FINAL HEARING AND ADOPTION ON THE 26th DAY OF August, 2014.

Any ordinance in conflict with said ordinance amendment is specifically repealed. This ordinance shall become effective immediately upon adoption, after the second reading by the County.

RABUN COUNTY, by and through its Board of Commissioners

s/ GREG JAMES

L.S.

Greg James, Chairman

s/ STEPHEN ARBITER L.S. Stephen Arbiter

s/ KAY D. DARNELL L.S. Kay D. Darnell

s/ JIMMY LOUDERMILK L.S. Jimmy Loudermilk

s/ WILL NICHOLS L.S. Will Nichols

This is to certify that the above Ordinance was adopted at a regular meeting of the Rabun County Board of Commissioners as provided by law. This 26 day of August, 2014.

s/ DEBRA J. JACOBS Debbie Jacobs, County Clerk

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AFFIDAVIT OF PUBLICATION

STATE OF GEORGlA COUNTY OF RABUN

Personally appeared before the undersigned, Michael Leonard, who having been duly sworn on oath that he is the Publisher of The Clayton Tribune, and that the legal advertisement for:

Ordinance amending Chapter 56 of the Rabun County Code "Zoning"

was published in The Clayton Tribune on the following dates:

8/07/2014 8/14/2014 8/21/2014

s/ MICHAEL LEONARD Affiant

Sworn to and subscribed before me This 8th day of September, 2014

s/ ADELHEID COOK Notary Public RABUN COUNTY, GEORGIA [SEAL]

NOTICE OF COUNTY ORDINANCE

Notice is hereby given that the Rabun County Board of Commissioners shall consider at its regular monthly meeting to be held at 6:00 p.m. on Tuesday, August 26, 2014, in the court room of the Rabun County Courthouse, 25 Courthouse Square, Clayton, Georgia, 30525 on the second reading the adoption of an ordinance. This ordinance pertains to AN ORDINANCE AMENDING CHAPTER 56 OF THE RABUN COUNTY CODE TITLED "ZONING" providing for a six month waiting period before failed zoning and variance request can be reconsidered. At said meeting the Board of Commissioners will discuss, consider and receive public input concerning the proposed Ordinance amendment. A copy of said Ordinance amendment is on file for public inspection at the Office of the Clerk of Rabun County Superior Court for

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COUNTY HOME RULE ORDINANCES

the purpose of examination and inspection by the public and also at the Office of the Clerk of Rabun County Commissioners, Rabun County Courthouse, Clayton, Georgia

Filed in the Office of the Secretary of State September 25, 2014. __________

RABUN COUNTY TELECOMMUNICATIONS; CO-LOCATION; CHANGE OF OWNERSHIP NOTIFICATION.

BE IT ORDAINED by the Board of Commissioners of Rabun County, Georgia, CHAPTER 46 of Rabun County's CODE OF ORDINANCES titled "Telecommunications" is hereby amended by adding Section 46-27 and Section 46-28 which shall henceforth read as follows:

Sec. 46-27. Co-location.

The county shall have the right to co-locate its own antennas, equipment, and facilities on any approved tower, at no cost, if such installation does not interfere with existing or proposed antennas.

Sec. 46-28. Change of ownership notification.

Upon the transfer of ownership of any tower, alternative tower structure, or lot upon which such a structure has been erected, the tower permittee shall notify the department of the transaction in writing within 30 days.

Unless specifically amended or modified herein, all remaining portions of Chapter 46 of Rabun County's CODE OF ORDINANCES titled "Telecommunications" shall remain in full force and effect, unchanged and unamended hereby.

PLACED ON FIRST READING AT THE REGULAR MEETING ON THE 26 DAY OF AUGUST, 2014

PLACED ON FINAL HEARING AND ADOPTION ON THE 23 DAY OF SEPTEMBER, 2014.

Any ordinance in conflict with said ordinance amendment is specifically repealed. This ordinance shall become effective immediately upon adoption, after the second reading by the County.

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RABUN COUNTY, by and through its Board of Commissioners

s/ GREG JAMES L.S. Greg James, Chairman

s/ STEPHEN ARBITER L.S. Stephen Arbiter

s/ KAY D. DARNELL L.S. Kay D. Darnell

s/ JIMMY LOUDERMILK L.S. Jimmy Loudermilk

s/ WILL NICHOLS L.S. Will Nichols

This is to certify that the above Ordinance was adopted at a regular meeting of the Rabun County Board of Commissioners as provided by law. This 23 day of September, 2014

s/ DEBRA JACOBS Debbie Jacobs, County Clerk

AFFIDAVIT OF PUBLICATION

STATE OF GEORGIA COUNTY OF RABUN

Personally appeared before the undersigned, Michael Leonard, who having been duly sworn on oath that he is the Publisher of The Clayton Tribune, and that the legal advertisement for:

Rabun Co. Board of Commissioners / Telecommunication

was published in The Clayton Tribune on the following dates:

9/04/2014 9/11/2014 9/18/2014

s/ MICHAEL LEONARD AFFIANT

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COUNTY HOME RULE ORDINANCES

Sworn to and subscribed before me This 26th day of September, 2014

s/ ADELHEID COOK Notary Public RABUN COUNTY, GEORGIA [SEAL]

Rabun County Board of Commissioners approved the 1st reading of an amendment to Rabun County Code of Ordinances to allow the County to re-locate its own antennas, equipment and facilities on an approved tower, at no cost, if such installation does not interfere with existing or proposed antennas and to address the change of ownership notification. A complete copy of the proposed amendment is on file in the office of Clerk of Superior Court and in the office of the Rabun County Board of Commissioners for the purpose of examination and inspection by the public. The 2nd and final reading and adoption of the amendment will be heard at the regular monthly meeting of the Rabun County Board of Commissioners on September 23, 2014 at 6:00 p.m. in the Rabun County Courthouse.

Filed in the Office of the Secretary of State October 3, 2014. __________

CRISP COUNTY BOARD OF COMMISSIONERS; PLACE OF MEETING.

RESOLUTION OF THE CRISP COUNTY BOARD OF COMMISSIONERS TO AMEND ITS LOCAL LEGISLATION PURSUANT TO GA. CONST. ART. IX, 2, Para. 1(b)(1)

WHEREAS, an Act creating the Board of Commissioners of Crisp County, approved August 8, 1908 (Ga. L. 1908, p. 295), as amended, currently requires such board hold its regular meetings at the courthouse; and

WHEREAS, Ga. Const. Art. IX, 2, Para. 1(b)(1) authorizes the governing authority of a county to amend the local acts applicable to its governing authority by a resolution duly adopted at two (2) regular consecutive meetings of the county governing authority not less than seven (7) nor more than sixty (60) days apart; and

WHEREAS, the Crisp County Board of Commissioners desires to amend its local act to delete the requirement to hold its regular meetings at the courthouse.

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NOW, THEREFORE, BE IT RESOLVED, by the governing authority of Crisp County, Georgia, that an Act creating the Board of Commissioners of Crisp County, approved August 8, 1908 (Ga. L. 1908, p. 295), as amended, is amended by deleting "at the courthouse" from the second clause of Section 3 of said Act.

BE IT FURTHER RESOLVED, that a notice containing a synopsis of the proposed amendment be published in the official organ of the county once a week for three weeks immediately preceding the regular November 2014 meeting of the Crisp County Board of Commissioners.

BE IT FURTHER RESOLVED, that such notice shall state that a copy of the proposed amendment is on file in the office of the Clerk of the Crisp County Superior Court for the purpose of examination and inspection by the public.

BE IT FURTHER RESOLVED, that a copy of this resolution shall be filed in the office of such Clerk after it has been duly adopted at the regular October 2014 meeting of the Crisp County Board of Commissioners for the purpose of such Clerk furnishing anyone, upon written request, a copy of the proposed amendment.

BE IT FURTHER RESOLVED, that upon the adoption of this resolution at the regular November 2014 meeting of the Crisp County Board of Commissioners, a copy of this resolution containing the amendment of said Act, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the Cordele Dispatch to the effect that said notice has been published as provided above all shall be filed with the Secretary of State and that said amendment shall be effective upon such filing.

IN WITNESS WHEREOF, this resolution has been duly adopted by the governing authority of Crisp County, Georgia on the 14th day of October, 2014.

s/ AUTHUR JAMES NANCE AUTHUR JAMES NANCE Chairman

CERTIFICATION

I hereby certify that the foregoing is a true and correct copy of an original resolution duly adopted by the Board of Commissioners of Crisp County on the 14th day of October, 2014.

In witness whereof, I hereunto set my hand and affix the seal of the County, this 14th day of October, 2014.

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COUNTY HOME RULE ORDINANCES

s/ TOM L. PATTON TOM L. PATTON County Clerk

[SEAL]

IN WITNESS WHEREOF, this resolution has been duly adopted by the governing authority of Crisp County, Georgia on the 12th day of November, 2014.

s/ AUTHUR JAMES NANCE AUTHUR JAMES NANCE Chairman

CERTIFICATION

I hereby certify that the foregoing is a true and correct copy of an original resolution duly adopted by the Board of Commissioners of Crisp County on the 12th day of November, 2014.

In witness whereof, I hereunto set my hand and affix the seal of the County, this 12th day of November, 2014.

s/ TOM L. PATTON TOM L. PATTON County Clerk

[SEAL]

AFFIDAVIT

I, Mae Stokes, Public Notice Manager, do hereby certify that the legal Advertisement(s) for Proposed Amendment were published in Cordele Dispatch on 10/24, 31, 11/7/14

Subscribed and sworn to me, in the County of Lowndes in the State of Georgia on this 3rd day of December, 2014.

s/ DEBORAH RITZMAN Notary Signature

s/ MAE STOKES Public Notice Manager

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February 18, 2015 Commission Expires Notary Public Seal: [SEAL]

NOTICE OF PROPOSED AMENDMENT
TO LOCAL LEGISLATION

Notice is given that there will be introduced for final adoption at the regular meeting of the Crisp County Board of Commissioners on Wednesday, November 12, 2014, a resolution to amend an Act creating such board, approved August 8, 1908 (Ga. L. 1908, p. 295), as amended, so as to delete the requirement that regular meetings be held at the courthouse. A copy of such proposed resolution has been filed in the office of the Clerk of the Crisp County Superior Court for the purpose of examination and inspection by the public.

/s/ Authur James Nance Chairman Crisp County Board of Commissioners

Filed in the Office of the Secretary of the State December 23, 2014. __________

MACON-BIBB COUNTY ) MACON FIRE AND POLICE EMPLOYEES RETIREMENT SYSTEM; I.R.S. COMPLIANCE.

SPONSOR: MAYOR ROBERT A.B. REICHERT

AN ORDINANCE OF THE MACON-BIBB COUNTY COMMISSION TO AMEND CHARTER APPENDIX III, MACON FIRE AND POLICE EMPLOYEES RETIREMENT SYSTEM (1969 GA. LAWS, PAGE 2801) OF THE CODE OF ORDINANCES, MACON-BIBB COUNTY, GEORGIA SO AS TO COMPLY WITH IRS NOTICE 2014-19, RELATING TO THE SUPREME COURT DECISION IN THE WINDSOR CASE OVERTURNING THE DEFENSE OF MARRIAGE ACT ("DOMA"); AND FOR OTHER LAWFUL PURPOSES.

WHEREAS, Georgia law specifically authorizes local municipalities to amend the provisions of their 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

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COUNTY HOME RULE ORDINANCES

Homes 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, the Plan must be amended to comply with IRS Notice 2014-19, relating to the Supreme Court decision in the Windsor case overturning the Defense of Marriage Act ("DOMA") on or before December 31, 2014; and

NOW, THEREFORE, BE IT ORDAINED, by the Macon-Bibb County Commission and it is hereby so ordained by the authority of the same:

Section 1.

Amend Article I of Appendix III of the Charter of Macon-Bibb County entitled "Definitions" by adding a definition of "Spouse or Surviving Spouse" as (19) to read as follows:

'Spouse or Surviving Spouse' means the person to whom the Participant is legally married under the laws of the State of Georgia, except that, effective as of June 26, 2013, for purposes of Article X, Section 1 (required minimum distribution rules) and Article IV-A, Section 5 (direct rollovers) of the Plan ONLY, the term 'spouse' or 'surviving spouse' shall include the person to who the Participant is legally married under the laws of the jurisdiction in which the marriage was performed (including same-sex individuals). 'Spouse' and 'surviving spouse' shall not include domestic partners or other similar relationships that are not denominated as marriage. The determination of a Participant's spouse or surviving spouse shall be made as of the earlier of the Participant's Annuity Starting Date or the date of such Participant's death."

Section 2.

In accordance with 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.), it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Charter of Macon-Bibb County, Georgia, and the sections of this Ordinance may be renumbered to accomplish such intention.

Section 3.

(a) It is hereby declared to be the intention of the Macon-Bibb County Commission that all sections, paragraphs, sentences, clauses, and phrases of this Ordinance are and were, upon their enactment, believed by the Macon-Bibb County Commission to be fully valid, enforceable, and constitutional. (b) It is hereby declared to be the intention of the Macon-Bibb County Commission that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause or

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phrase of this Chapter is severable from every other section, paragraph, sentence, clause or phrase of this Ordinance. It is hereby further declared to be the intention of the Macon-Bibb County Commission that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this Ordinance. (c) In the event that any phrase, clause, sentence, paragraph or section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Macon-Bibb County Commission that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of the Ordinance and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs, and sections of the Ordinance shall remain valid, constitutional, enforceable, and of full force and effect.

Section 4.

All Ordinances or parts of Ordinances in conflict with this Ordinance are, to the extent of such conflict, hereby repealed or set aside.

Section 5.

This Ordinance shall become effective immediately upon its approval by the Mayor.

FIRST PASSAGE OF CHARTER AMENDMENT

SO ORDAINED this 18th day of November, 2014.

s/ ROBERT A. B. REICHERT ROBERT A. B. REICHERT, MAYOR

ATTEST:

s/ SHELIA THURMOND SHELIA THURMOND, CLERK OF COMMISSION

SECOND PASSAGE OF CHARTER AMENDMENT

SO ORDAINED this 9th day of December, 2014.

s/ ROBERT A. B. REICHERT ROBERT A. B. REICHERT, MAYOR

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COUNTY HOME RULE ORDINANCES

ATTEST:

s/ SHELIA THURMOND SHELIA THURMOND, CLERK OF COMMISSION

Macon-Bibb County, Georgia

I do hereby certify that the above and foregoing was duly adopted at the special called session of the Macon-Bibb County Commission this 11th day of December, 2014.

s/ SHELIA THURMOND Clerk of Comission

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:

11/10/2014 11/17/2014 11/24/2014

2956115 # GEORGIA, BIBB COUNTY PUBLIC NOTICE Macon-Bibb County proposes to amend Appendix III of its Charter related to the Macon Fire and Police Employees' Pension Plan to comply with IRS Notice 2014-19 relating to the Supreme Court decision overturning the Defense of Marriage Act by adding the definition of 'Spouse or Surviving Spouse.' The proposed charter amendment is available for public inspection in the Office of the Clerk of Commission and the Office of the Bibb County Superior Court Clerk. #2956115: 11/10,17,24

SIGNED s/ DIANNE BUCK

Sworn to and subscribed before me this 24 day of NOVEMBER 2014

Notary Public

s/ KELLY HARRIS [NOTARY SEAL]

Filed in the Office of the Secretary of State December 23, 2014.

GEORGIA LAWS 2015 SESSION

4573

MACON - BIBB COUNTY ) PENSIONS AND RETIREMENT SYSTEM; I.R.S. COMPLIANCE.

SPONSOR: MAYOR ROBERT A.B. REICHERT

AN ORDINANCE OF THE MACON-BIBB COUNTY COMMISSION TO AMEND CHARTER APPENDIX II, DIVISION A OF THE MACON-BIBB COUNTY PENSIONS AND RETIREMENT SYSTEM (1972 GA. LAWS, PAGE 3152) OF THE CODE OF ORDINANCES, MACON-BIBB COUNTY, GEORGIA SO AS TO COMPLY WITH IRS NOTICE 2014-19, RELATING TO THE SUPREME COURT DECISION IN THE WINDSOR CASE OVERTURNING THE DEFENSE OF MARRIAGE ACT ("DOMA"); AND FOR OTHER LAWFUL PURPOSES.

WHEREAS, Georgia law specifically authorizes local municipalities to amend the provisions of their 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 Homes 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, the Plan must be amended to comply with IRS Notice 2014-19, relating to the Supreme Court decision in the Windsor case overturning the Defense of Marriage Act ("DOMA") on or before December 31, 2014; and

NOW, THEREFORE, BE IT ORDAINED, by the Macon-Bibb County Commission and it is hereby so ordained by the authority of the same:

Section 1.

Amend Article I, Section 1.1 of Appendix II of the Charter of Macon-Bibb County entitled "Definitions" by adding a definition of "Spouse or Surviving Spouse" as Section 1.1(p) to read as follows:

'Spouse or Surviving Spouse' means the person to whom the Participant is legally married under the laws of the State of Georgia, except that, effective as of June 26, 2013, for purposes of Section 10.1 (required minimum distribution rules) and section 6.5 (direct rollovers) of the Plan ONLY, the term 'spouse' or 'surviving spouse' shall include the person to who the Participant is legally married under the laws of the jurisdiction in which the marriage was performed (including same-sex individuals). 'Spouse' and 'surviving spouse' shall not include domestic partners or other similar relationships that are not denominated as marriage. The determination of a Participant's spouse or surviving spouse

4574

COUNTY HOME RULE ORDINANCES

shall be made as of the earlier of the Participant's Annuity Starting Date or the date of such Participant's death."

Section 2.

In accordance with 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.), it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Charter of Macon-Bibb County, Georgia, and the sections of this Ordinance may be renumbered to accomplish such intention.

Section 3.

(a) It is hereby declared to be the intention of the Macon-Bibb County Commission that all sections, paragraphs, sentences, clauses, and phrases of this Ordinance are and were, upon their enactment, believed by the Macon-Bibb County Commission to be fully valid, enforceable, and constitutional. (b) It is hereby declared to be the intention of the Macon-Bibb County Commission that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this Chapter is severable from every other section, paragraph, sentence, clause or phrase of this Ordinance. It is hereby further declared to be the intention of the Macon-Bibb County Commission that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this Ordinance. (c) In the event that any phrase, clause, sentence, paragraph or section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Macon-Bibb County Commission that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of the Ordinance and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs, and sections of the Ordinance shall remain valid, constitutional, enforceable, and of full force and effect.

Section 4.

All Ordinances or parts of Ordinances in conflict with this Ordinance are, to the extent of such conflict, hereby repealed or set aside.

Section 5.

This Ordinance shall become effective immediately upon its approval by the Mayor.

GEORGIA LAWS 2015 SESSION

4575

FIRST PASSAGE OF CHARTER AMENDMENT

SO ORDAINED this 18th day of November, 2014.

s/ ROBERT A. B. REICHERT ROBERT A.B. REICHERT, MAYOR

ATTEST:

s/ SHELIA THURMOND SHELIA THURMOND, CLERK OF COMMISSION

SECOND PASSAGE OF CHARTER AMENDMENT

SO ORDAINED this 9th day of December, 2014.

s/ ROBERT A. B. REICHERT ROBERT A. B. REICHERT, MAYOR

ATTEST:

s/ SHELIA THURMOND SHELIA THURMOND, CLERK OF COMMISSION

Macon-Bibb County, Georgia

I do hereby certify that the above and foregoing was duly adopted at the special called session of the Macon-Bibb County Commission this 11th day of December, 2014.

s/ SHELIA THURMOND Clerk of Comission

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:

11/10/2014 11/17/2014 11/24/2014

4576

COUNTY HOME RULE ORDINANCES

2956116 # GEORGIA, BIBB COUNTY PUBLIC NOTICE -Macon-Bibb County proposes to amend Appendix II of its Charter related to Division A of the Macon-Bibb County Pensions ad Retirement System to comply with IRS Notice 2014-19 relating to the Supreme Court decision overturning the Defense of Marriage Act by adding the definition of 'Spouse or Surviving Spouse.' The proposed charter amendment is available for public inspection in the Office of the Clerk of Commission and the Office of the Bibb County Superior Court Clerk. #2956116: 11/10, 17, 24

SIGNED s/ DIANNE BUCK

Sworn to and subscribed before me this 24 day of NOVEMBER 2014

Notary Public

s/ KELLY HARRIS [NOTARY SEAL]

Filed in the Office of the Secretary of State December 23, 2014. __________

ATHENS-CLARKE COUNTY INTERNAL AUDITOR.

AN ORDINANCE UNDER THE HOME RULE POWERS GRANTED TO ATHENS-CLARKE COUNTY TO AMEND THE CHARTER OF THE UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO THE POSITION OF AUDITOR, AND FOR OTHER PURPOSES.

The Commission of Athens-Clarke County, Georgia, hereby ordains as follows:

SECTION 1. The Charter of the Unified Government of Athens-Clarke County is hereby amended by striking Section 4-104, which section is entitled "Auditor; appointment; term; duties; qualifications; compensation," in its entirety, by substituting the following new title in lieu thereof:

Section 4-104. "Internal Auditor; appointment; term; duties; qualifications; compensation," and substituting the following text of such section in lieu thereof:

"(a) The Mayor shall make nonbinding recommendations to the Commission for the "internal auditor" of the unified government (referred to at times in this Charter as the "internal auditor"). The internal auditor shall be appointed by a majority vote of the entire

GEORGIA LAWS 2015 SESSION

4577

Commission on or before the first voting meeting in June of the year the term expires with the appointment to be effective July 1 of said year; shall be appointed for a term of two (2) years, beginning on July 1, 2009; may succeed himself or herself; and at any time may be removed by a majority vote of the entire Commission.

"(b) The qualifications, duties and compensation of the internal auditor shall be as prescribed in a duly adopted ordinance."

SECTION 2. The Charter of the Unified Government of Athens-Clarke County is hereby amended by striking sub-paragraphs (2) and (3) of paragraph (b) of Section 2-105, which section is entitled "Powers of the commission," in their entirety and substituting the following in lieu thereof:

"(2) Approve or reject recommendations concerning the appointments of the manager, attorney and internal auditor;

"(3) Remove from office the manager, attorney and internal auditor by majority vote of the entire commission; and"

SECTION 3. The Charter of the Unified Government of Athens-Clarke County is hereby amended by striking paragraph (b) of Section 3-104, which section is entitled "Powers and duties," in its entirety and substituting the following in lieu thereof:

"(b) Initiate the process, with the involvement of commission members and appropriate staff, to search and screen candidates for the positions of manager, attorney, and internal auditor and to recommend candidates for these positions to the commission (appointment requires concurrence of a majority of the entire commission);"

SECTION 4. The Charter of the Unified Government of Athens-Clarke County is hereby amended by striking Section 7-410, which section is entitled "Continuing audit," in its entirety and substituting the following in lieu thereof:

"The internal auditor shall conduct a continuing internal audit of the fiscal affairs and operations of every department, office and agency of the unified government."

SECTION 5. All ordinances or local laws and parts of ordinances or local laws in conflict with this Ordinance are hereby repealed.

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COUNTY HOME RULE ORDINANCES

Adopted the 7th day of April, 2015

Approved the 9th day of April, 2015

s/ G. J. SPRATLIN Clerk of Commission

s/ NANCY B. DENSON Mayor

I hereby certify this is a true and correct copy of an ordinance adopted by the Commission of Athens-Clarke County, Georgia on April 7, 2015.

s/ G. J. SPRATLIN 4/14/2015 Clerk of Commission

I, Kevin Clark, as an agent of the Athens Banner-Herald, do hereby subscribe that the Athens Banner-Herald published the attached legal advertisement on the following dates:

Section/Ad# Legal Notice
7000012007

Run Dates
03/13/2015 03/20/2015 03/27/2015

Agent: s/ KEVIN CLARK

Subscribed and sworn to me before this date: 15 day of April, 2015

Notary Public

[SEAL]

s/ HAYLEY DEBELL

GEORGIA LAWS 2015 SESSION

4579

NOTICE

Notice is hereby given that an ordinance under the Home Rule Powers granted to Athens-Clarke County to Amend an Act providing for the Charter of the Unified Government of Athens-Clarke County, approved March 2, 1990 (Ga. L, 1990, p. 3560), as amended, so as to change the provisions thereof regarding the title of the position of Auditor, changing such title to "Internal Auditor," was presented for first adoption at the regular meeting of the Mayor and Commission of Athens-Clarke County on March 3, 2015 and will be presented for final adoption at the regular meeting of the Mayor and Commission of Athens-Clarke County on April 7, 2015; at 7:00 p.m. in the Commission Chamber, City Hall, 301 College Avenue, Athens, Georgia. The public is invited and encouraged to attend.

A copy of said amendment is on file in the Office of the Clerk of Superior Court of Athens-Clarke County, Courthouse, Suite 450, 325 East Washington Street Athens, Georgia, and in the Office of the Clerk of Commission of Athens-Clarke County, City Hall, Suite 204, 301 College Avenue, Athens, Georgia, for the purpose of inspection by the public. This notice is given pursuant to the requirements of Article 9, Section 2, Paragraph 1 of the Constitution of the State of Georgia and Section 8-112 of the Charter of the Unified Government of Athens-Clarke County, Georgia.

A qualified interpreter for the hearing impaired is available upon request at least ten (10) days in advance of this meeting. Please call (706) 613-3031, (TDD (706)613-3115) to request an interpreter or for more information.

This 4th day of March, 2015

William C. Berryman, Jr. Attorney for Unified Government of Athens-Clarke County, Georgia

Filed in the Office of the Secretary of State April 28, 2015. __________

HOME RULE ORDINANCES
OF MUNICIPAL CORPORATIONS

GEORGIA LAWS 2015 SESSION

4583

CITY OF LAFAYETTE MAYOR AND COUNCIL; MEETINGS.

ORDINANCE NO. 14-3

ORDINANCE OF THE CITY OF LAFAYETTE, GEORGIA

AN ORDINANCE OF THE CITY OF LAFAYETTE, GEORGIA, FOR THE PURPOSE OF AMENDING THE CHARTER OF THE CITY OF LAFAYETTE, GEORGIA (Ga.L. 1969, p. 2298), AS AMENDED, BY CHANGING THE DAY FOR THE MAYOR AND COUNCIL'S REGULAR MEETINGS WHEN SAME FALL ON HOLIDAYS; TO REPEAL ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES.

BE IT ORDAINED, by the Mayor and Council of the City of LaFayette, Georgia, and the Mayor and Council of the City of LaFayette, Georgia, hereby ordains as follows, to-wit:

Pursuant to The Municipal Home Rule Act of 1965, as amended, O.C.G.A. 36-35-3 of said Act, as amended, the Charter of the City of LaFayette, Georgia (Ga.L. 1969, p. 2298), as amended, is amended as follows, to-wit:

1. By deleting from Article III, Section 2-41 (a) in its entirety and substituting in lieu thereof the following, to-wit: "(a) The Mayor and Council shall hold regular meetings at least once in every month on the second Monday of said month at City Hall. If the second Monday of the month is a legal holiday, the meeting will be held the Tuesday immediately following said second Monday. Said day, time and place for the regular meeting may be changed by the Mayor and Council by ordinance. The Mayor and Council may recess any regular meeting and continue such meeting on any weekday or hour they may fix. They may transact any business at such continued meeting as may be transacted at any regular meeting."

2. (a) All other ordinances or parts of ordinances heretofore enacted by the City of LaFayette, Georgia, in conflict herewith are hereby repealed.

(b) This ordinance shall become effective upon its being adopted at two consecutive meetings of the Mayor and Council of the City of LaFayette, Georgia.

SO ORDAINED AND ADOPTED AT A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE CITY OF LAFAYETTE, GEORGIA, ON THE 13TH DAY OF JANUARY, 2014.

4584

MUNICIPAL HOME RULE ORDINANCES

ATTEST: s/ BRENDA SNYDER CITY CLERK

CITY OF LAFAYETTE, GEORGIA BY: s/ PHILLIP A. ARNOLD MAYOR

SO ORDAINED AND ADOPTED AT A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE CITY OF LAFAYETTE, GEORGIA, ON THE 10th DAY OF February, 2014.

CITY OF LAFAYETTE, GEORGIA

ATTEST: s/ BRENDA SNYDER CITY CLERK

BY: s/ PHILLIP A. ARNOLD MAYOR

CERTIFICATE OF CLERK

I hereby certify that I am the duly appointed and acting Clerk for the City of LaFayette, Georgia, and I am the Official Custodian of the records and minutes of the Mayor and Council, and attached hereto is a true and correct copy of an Ordinance of the Mayor and Council, which was duly adopted by the Mayor and Council at a meeting which was held on January 13, 2014, and at a meeting which was held on February 10, 2014, at City Hall, S. Duke Street, LaFayette, Georgia, and that all provision of law were complied with including, but not limited to, the Open Meetings Act. I further certify that said Ordinance is currently in force and effect, not having been repealed or modified by subsequent action of the Mayor and Council.
Witness my Official Signature and the Seal of the City of LaFayette, Georgia, this 18th day of February, 2014.

s/ BRENDA SNYDER Brenda Synder, Clerk City of LaFayette, Georgia

GEORGIA LAWS 2015 SESSION

4585

AFFIDAVIT OF PUBLICATION

State of Georgia, } County of Walker } S.S.

I Mike O'Neal do solemnly swear that I am the Advertising Rep of THE WALKER COUNTY MESSENGER, printed and published at LaFayette in the State of Georgia, and that from my personal knowledge and reference to files of said publication the advertisement of WM935 was inserted in THE WALKER COUNTY MESSENGER in space of legal notice on dates as follows: December 18, 2013 December 25, 2013 January 01, 2014

Subscribed and sworn to before me

s/ MIKE O'NEAL

This 24 day of March 2014

s/ ANGIE CLARK Notary Public (SEAL)

NOTICE Pursuant to the Official Code of Georgia Annotated, as amended, notice is hereby given that the Mayor and Council of the City of LaFayette, Georgia, by Ordinance intends to amend the Charter of the City of LaFayette, (Ga. L. 1969, p. 2298), as amended, by changing the day of its regular meetings when the regular meeting falls on a holiday. A copy of the proposed Ordinance amending the Charter is on file in the Office of the City Clerk for the City of LaFayette, Georgia, and in the Office of the Clerk of Superior Court of Walker County, Georgia, for the purpose of examination and inspection by the public.

Filed in the Office of the Secretary of the State June 24, 2014. __________

4586

MUNICIPAL HOME RULE ORDINANCES

CITY OF ALBANY CITY MANAGER; POWERS.

AN ORDINANCE ENTITLED

14-113

AN ORDINANCE ADOPTED PURSUANT TO THE PROVISIONS OF TITLE 36, CHAPTER 35 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, AS AMENDED, AMENDING SECTION 4(d)(3) OF THE CHARTER OF THE CITY OF ALBANY REGARDING CERTAIN POWERS OF THE CITY MANAGER; REPEALING PRIOR ORDINANCES AND CHARTER PROVISIONS IN CONFLICT AND FOR OTHER PURPOSES.

WHEREAS, recent amendments to the City Charter acknowledge that the Water, Gas & Light Commission is a Department of City of Albany; and

WHEREAS, Section 4(d)(3) of the City Charter should be amended to make it clear the City Manager may hire and fire individuals working at such Department,

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 proviso in Section 4(d)(3) of the Charter of the City of Albany is amended to read as follows:

(3) To remove employees employed by him without the consent of the commission and without assigning any reason therefore; provided, nothing herein shall operate or confer upon the city manager supervision and control over trustees of Carnegie Library.

SECTION 2. Pursuant to the provisions of 36-35-3 of the Official Code of Georgia Annotated, this Ordinance shall become effectively immediately upon its adoption by the Board of Commissioners of the City of Albany, Georgia at two regularly scheduled consecutive meetings and after compliance with all of the provisions of the Municipal Home Rule Act of 1965, as amended.

SECTION 3. All Ordinances or parts of Ordinances, and all Charter provisions, or parts of Charter provisions, in conflict herewith are repealed.

s/ DOROTHY HUBBARD MAYOR

GEORGIA LAWS 2015 SESSION

4587

ATTEST:

s/ SONJA TOLBERT CITY CLERK

Introduced By Commissioner: s/ ROGER MARIETTA Date(s) read: July 23, 2014 Adopted: 1st reading - June 25, 2014
2nd reading - July 22, 2014

I do hereby certify that this is a true and correct copy.

s/ SONJA TOLBERT City Clerk Albany, GA

July 23, 2014 Date

Affidavit of Publication

State of Georgia, County of Dougherty

Personally, appeared before the undersigned, an officer, authorized to administer oaths, Amber Hancock, who being sworn, says that she is the Classified Manager for The Albany Herald Publishing Inc., a corporation with principle offices at Albany, Dougherty County, Georgia, and having general circulation within the area of Dougherty, Early, Clay, Calhoun, Mitchell, Decatur, Baker, Worth, Lee, Terrell, Miller, Randolph, Turner, Sumter and Seminole counties, and that the ad for
Notice of Charter Amendment SERVICE BY PUBLICATION, a True Copy of which is affixed hereto, was published in the Albany Herald in all its editions for
July 1, 8, 15 2014

s/ AMBER HANCOCK Amber Hancock Classified Manager

4588

MUNICIPAL HOME RULE ORDINANCES

Sworn to and subscribed before me at Albany, Georgia this 25th Day of July, 2014

s/ VINCENT JORDAN Notary [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 ordinances were introduced on June 25, 2014, and will be read for final adoption on July 22, 2014, 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 (1) provide certain powers of the City Manager; (2) provide that the City Manager will be the General Manager of the Water, Gas and Light Department/Utility Department and providing powers and duties in that regard; (3) provide for a budget committee of the Water, Gas and Light Department/Utility Department; and (4) provide for extension of water, gas distribution service and electricity beyond the corporate limits of the City of Albany.

A copy of the proposed amendments to the Charter of the City of Albany, Georgia are on file in the office of the Clerk of the City of Albany and are on file in the office of the Clerk of the Superior Courts of Dougherty County, Georgia, for the purpose of examination and inspection by the public, all as required by law.

This 1st day of July, 2014.

C. Nathan Davis City Attorney City of Albany, Georgia 201 W. Oglethorpe Blvd. Albany, Georgia 31701 229.431.2805 ndavis2@albany.ga.us

Filed in the Office of the Secretary of State July 31, 2014. __________

GEORGIA LAWS 2015 SESSION

4589

CITY OF HIRAM ) MUNICIPAL COURT; STAND-BY JUDGES.

CITY OF HIRAM

STATE OF GEORGIA

ORDINANCE NO. 2014-05

AN ORDINANCE BY THE GOVERNING AUTHORITY FOR THE CITY OF HIRAM, GEORGIA AMENDING THE CHARTER OF THE CITY OF HIRAM, GEORGIA CONCERNING THE MUNICIPAL COURT, INCLUDING THE PROCESS OF IDENTIFYING AND APPOINTING STAND-BY JUDGES; TO PROVIDE FOR SEVERABILITY; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

WHEREAS, Article III of City's Charter approved February 27, 1956 (Ga. L. 1956, p. 2620), as amended, established the Municipal Court of the City of Hiram;

WHEREAS, the City's Charter was revised and reissued in toto by the General Assembly by Local Act on April 30, 2013 (Ga. L. 2013, H.B. No. 457, Act No. 93);

WHEREAS, Article III of City's Charter approved April 30, 2013 (Ga. L. 2013, H.B. No. 457, Act No. 93) reestablished the Municipal Court of the City of Hiram;

WHEREAS, Article III of the City Charter generally provides for the staffing and operation of the Municipal Court and for the compensation of those serving as judges in the Municipal Court;

WHEREAS, Article III, Section 3.3. of said City Charter declares that "The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as deemed appropriate by the city council and provided for by ordinance." and that "All municipal court judges shall be appointed by the city council annually";

WHEREAS, the purpose of the office of stand-by judge is to provide a municipal court judge who can and will serve when and where the chief judge is unable to serve due to a conflict of interest, absence, or otherwise or where the burdens on the Municipal Court are such that they require the presence of one or more additional judges to serve;

WHEREAS, on January 7, 2014 the Governing Authority appointed Chadwick D. Plumley to the office of Municipal Court Judge and established his compensation and that of any stand-by judges that may be called upon to serve as provided for in the City Charter;

4590

MUNICIPAL HOME RULE ORDINANCES

WHEREAS, the Governing Authority has determined that the frequency of the need for and utilization of stand-by judges may increase;

WHEREAS, the Governing Authority concludes that the process for identifying and selecting stand-by judges within the parameters established by the City Charter is inefficient and does not serve the best interests of the City and the public;

WHEREAS, O.C.G.A. 36-35-3 and -7 provide authority for and the process to be used by municipalities under The Municipal Home Rule Act of 1965 to amend, modify, supersede, or repeal provisions in the City's Charter;

WHEREAS, Article I of the City's Charter imbues the City with "all powers for a municipality to have under the present or future Constitution and laws of the State of Georgia as fully and completely as though they were specifically enumerated in this act and charter;"

WHEREAS, after due consideration, the Governing Authority believes that Section 3.3 of Article III of the City Charter should be repealed and replaced by the provisions attached as Exhibit A to address the process by which stand-by judges are identified, selected, and appointed;

WHEREAS, a notice was published in the Dallas New Era newspaper on the dates of May 15, 2014, May 22, 2014, June 12, 2014, and June 19, 2014 informing the public that hearings would be held on June 3, 2014 and July 1, 2014 to consider the amendment to Section 3.3 of Article III of the City Charter that was also accompanied by a synopsis of the changes proposed;

WHEREAS, the proposed amendments to the City Charter contained in Exhibit A were placed on file with the City Clerk and the Clerk of the Superior Court of Paulding County, Georgia on May 16, 2014; and

WHEREAS, public hearings were held at consecutive regular sessions of the Governing Authority on June 3, 2014 and July 1, 2014 at which time the amendment proposed for the City Charter and attached as Exhibit A was presented for discussion and approved by a majority of the Governing Authority;

THE GOVERNING AUTHORITY ORDAINS AS FOLLOWS:

Sec. 1. Section 3.3 of Article III of the City Charter of the City of Hiram, Georgia is hereby repealed and replaced with the provisions contained in Exhibit A attached hereto, all to be denominated as new Section 3.3. of Article III in the City Charter. The City Clerk shall

GEORGIA LAWS 2015 SESSION

4591

promptly provide and file as required by law all documentation required by O.C.G.A. 36-35-5.

Sec. 2. All ordinances or resolutions, or parts thereof, in conflict with this Ordinance are hereby repealed.

Sec. 3. If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any Court of competent jurisdiction then said holdings shall in no way affect the validity of the remaining portions of this Ordinance.

Sec. 4. This Ordinance shall become effective immediately upon its adoption by the Governing Authority and as provided by law for the amendments to a municipal charter contained in The Municipal Home Rule Act of 1965, as amended.

SO ORDAINED this 1st day of July, 2014.

s/ DORIS A. DEVEY Mayor Doris A. Devey

s/ PEP ROLLINS Mayor Pro Tem Pep Rollins, Post 1

s/ KATHY BOOKOUT

s/ TERESA PHILYAW

Councilperson Kathy Bookout, Post 2 Councilperson Teresa Philyaw, Post 3

s/ DERRICK BATTLE

s/ KATHY CARTER

Councilperson Derrick Battle, Post 4 Councilperson Kathy Carter, Post 5

Attest: s/ CYNTHIA T. GEYER Cynthia Geyer, City Clerk [NOTARY SEAL]

EXHIBIT A

SECTION 3.3.

Municipal court chief judge and associate judges; designation of stand-by judges; oath.

(a) The municipal court shall be presided over by a chief judge and such part-time and full-time judges as deemed appropriate by the chief judge and approved, by ordinance, by the city council as provided for in this Section. There is also hereby established the position of stand-by judge. The position of stand-by judge is established to provide one or more judges who will serve as a municipal court judge where, due to a conflict, absence, or other reason the chief judge and/or such other part-time or full-time judge then-utilized by the City is unable to serve on a scheduled

4592

MUNICIPAL HOME RULE ORDINANCES

court date or in those instances where the chief judge determines that the matters to be heard or otherwise handled by the municipal court make use of an additional judge appropriate for a designated court date or series of dates. (b) No person shall be qualified or eligible to serve as a municipal court judge unless that person has attained the age of 21 years, is a member of the State Bar of Georgia, and possesses all qualifications required by law to serve as a municipal court judge. The chief judge and any additional part-time or full-time judges shall be appointed annually by the city council and may only be removed from office for cause prior to the end of an annual appointment. (c) Commencing within sixty (60) days of adoption of this ordinance and, thereafter, at the first regular session of the city council in each calendar year, the chief judge shall provide to the city council the names of those proposed by the chief judge for service as stand-by judges. Stand-by judges are subject to the same qualification and eligibility criteria of all other municipal court judges. By resolution the city council shall appoint one or more stand-by judges either from the list of those proposed by the chief judge or otherwise proposed. Consistent with the purposes for establishment of stand-by judges, the chief judge may, within his discretion, call upon one or more of the stand-by judges to serve. Any person appointed as a stand-by judge by resolution of the city council may only be removed from office for cause prior to the end of an annual appointment. (d) Compensation of chief judge and such part-time, full-time, or stand-by judges shall be fixed by ordinance. (e) Before assuming office, the chief judge and such part-time, full-time, or stand-by judges shall take an oath, given by the mayor, attesting that the judge will honestly and faithfully discharge the duties of the office to the best of the person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council.

AFFIDAVIT OF PUBLICATION

RE/ Notice of Intention/Stand-by Judges

This is to certify that I, Joe S. Parker, after being duly sworn, am Editor of the Dallas New Era, the official legal organ of Paulding County. The above referenced ad ran 2 weeks in The Dallas New Era on the following dates: 5/15/14 and 5/22/14

s/ JOE S. PARKER Editor

GEORGIA LAWS 2015 SESSION

4593

Sworn To And Subscribed Before Me This 18th day of July 2014

s/ CINDY ATCHESON Notary Public
[SEAL]

NOTICE OF INTENTION

To amend the Charter of the City of Hiram, Georgia, pursuant to Home Rules, concerning the Municipal Court and the process identifying and appointing Stand-by Judges and to provide for severability.
A copy of the proposed Amendment to the City of Hiram Charter is on file with the Clerk of Superior Court of Paulding County and with the City Clerk of the City of Hiram. The Amendment is available for review and will be provided in writing upon request. The proposed Charter Amendment is also available for review on the City Website at www.cityofhiram.ga.gov.
The Hiram City Council will hold a Public Hearing in consideration of the proposed Charter Amendment at the next Regular Session which is scheduled for: Tuesday, June 3, 2014 AT 6:30pm in the Hiram Community Center /Council Chambers, 217 Main Street, Hiram, Georgia

Cynthia Geyer CITY CLERK www.cityofhiramga.gov

AFFIDAVIT OF PUBLICATION

RE/ Notice of Intention/Stand-by Judges

This is to certify that I, Joe S. Parker, after being duly sworn, am Editor of the Dallas New Era, the official legal organ of Paulding County. The above referenced ad ran 2 weeks in The Dallas New Era on the following dates: 6/12/14 and 6/19/14

s/ JOE S. PARKER Editor

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Sworn To And Subscribed Before Me This 18th day of July 2014

s/ CINDY ATCHESON Notary Public
[SEAL]

NOTICE OF INTENTION

To amend the Charter of the City of Hiram, Georgia, pursuant to Home Rules, concerning the Municipal Court and the process identifying and appointing Stand-by Judges and to provide for severability.
A copy of the proposed Amendment to the City of Hiram Charter is on file with the Clerk of Superior Court of Paulding County and with the City Clerk of the City of Hiram. The Amendment is available for review and will be provided in writing upon request. The proposed Charter Amendment is also available for review on the City Website at www.cityofhiramga.gov.
The Second Public Hearing will be held on July 1, 2014 and will be on the Regular Session Agenda. If a Motion to adopt is passed, then the Amendment to the Charter will become effective immediately.

Cynthia Geyer CITY CLERK www.cityofhiramga.gov

Filed in the Office of the Secretary of State August 11, 2014. __________

CITY OF JONESBORO ) ADMINISTRATIVE SERVICE DEPARTMENTS; CITY ATTORNEY; CITY CLERK; FINANCE OFFICER; TAX ASSESSORS.

CITY OF JONESBORO STATE OF GEORGIA

ORDINANCE NO. 005 CITY OF JONESBORO, GEORGIA
PREAMBLE AND FINDINGS

A HOME RULE ORDINANCE TO AMEND THE CHARTER OF THE CITY OF JONESBORO, GEORGIA; TO AMEND ARTICLE II, GOVERNMENT STRUCTURE,

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SECTION 2.29, AND ARTICLE III, ADMINISTRATIVE AFFAIRS, SECTIONS 3.10, 3.12, 3.13, 3.14, AND 3.17; TO PROVIDE FOR CODIFICATION; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN ADOPTION DATE; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES ALLOWED BY LAW.

WHEREAS, the governing authority of the City of Jonesboro, Georgia (the "City") are the Mayor and Council thereof; and

WHEREAS, the City has determined that, due to various inconsistencies within the City's charter regarding personnel issues, a comprehensive review and amendment of Articles II and III of the City's charter is necessary; and

WHEREAS, such a revision will streamline and clarify the law and processes of the City with regard to hiring, employment and termination of employees; and

WHEREAS, a synopsis of this ordinance, along with the dates of the first and second readings has been advertised once per week for three (3) weeks within sixty (60) days preceding the adoption of this ordinance, in accordance with Section 36-35-3(b)(1) of the Official Code of Georgia;

WHEREAS, a synopsis of the ordinance, along with the dates of the first and second readings were advertised in the Clayton Daily News on July 18, 2014, July 25, 2014, and August 1, 2014;

WHEREAS, the notice of the adoption of this ordinance provided that a copy of the proposed ordinance is available for inspection at the city clerk's office and at the Superior Court of Clayton County, in accordance with Section 36-35-3(b)(1) of the Official Code of Georgia;

WHEREAS, this ordinance has been considered at two (2) consecutive public meetings, no less than seven (7) and no more than sixty (60) days apart, in accordance with Section 36-35-3(b)(1) of the Official Code of Georgia;

WHEREAS, this ordinance was considered at public meetings held on August 4, 2014 and August 11, 2014;

WHEREAS, these amendments are necessary to further the general health and welfare of the community; and

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NOW THEREFORE, BE IT AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF JONESBORO, GEORGIA:

Section One. The City's Charter is hereby amended by deleting the existing Section 2.29 of Article II, Election of Officers by Council; Salaries and Bonds; Removal from Office, and adding a new Section 2.29 to read as follows:

"Officers shall be elected or appointed, employed and dismissed by the mayor and council in accordance with Article III of this Charter."

Section Two. The City's Charter is hereby amended by deleting the existing Section 3.10 of Article III, Administrative Service Departments, and adding a new Section 3.10 to read as follows:

(a) "Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties, and establish, abolish or alter all nonelective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of the city.
(b) The mayor of the city is hereby authorized and empowered to nominate for appointment and the city council is hereby authorized and empowered to confirm the mayor's appointment annually, and for the term of one (1) year, unless sooner discharged or as otherwise provided by Georgia statute setting another term, directors of city departments and the following officers, who may or may not serve as directors of city departments: a chief of police and police officers, a building inspector, a code enforcement officer, a municipal court judge, a solicitor, and other officers that the city creates by ordinance.
(c) Directors of departments are also officers. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his department or agency.
(d) Except as otherwise provided by this charter or by law, officers shall be appointed solely on the basis of their respective administrative and professional qualifications. Further, the mayor and councilmen, at their discretion, may appoint the same person to discharge and perform the duties of more than one office.
(e) The mayor and city council may establish the salaries of such officers, require them to bond, prescribe their duties and oaths, suspend or remove them from office, or impose upon them fines. All such officers shall be elected at the first regular meeting held after the election and qualification of said mayor and council or so soon thereafter as possible.
(f) All officers shall accept such offices subject to being suspended or dismissed therefrom at the will of either the mayor (or his designee) or the city council, regardless of the amount of time, if any, remaining on his term of office. Officers shall be suspended or

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dismissed by either the mayor or a majority vote of the city council, without cause, and without rights to an appeal. (g) Other employees shall be removed by their supervising officers. Such removals are subject to appeal to the mayor. The grounds for such appeals are limited to factual errors, removal due to personal or political reasons, and unlawful discrimination prohibited by state and federal law. The mayor's decision on such appeals is subject to review by a writ of certiorari in the Superior Court of Clayton County."

Section Three. The City's Charter is hereby amended by deleting the existing Section 3.12 of Article III, City Attorney, and adding a new section 3.12 to read as follows:

"The mayor shall nominate with the confirmation of the city council a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the 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 by virtue of his position as city attorney. The city attorney shall be suspended or dismissed by either the mayor or a majority vote of the city council, without cause, and without rights to an appeal."

Section Four. The City's Charter is hereby amended by deleting the existing Section 3.13 of Article III, City Clerk, and adding a new section 3.13 to read as follows:

"The mayor shall nominate with the confirmation of the city council a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal; maintain city council records required by this charter; attend and preserve minutes of all the actions occurring during each meeting of the city council; and perform such other duties as may be required by the city council. The council may combine the duties of city clerk with other appointed positions in city government. The city clerk shall execute such bond, with good security, condition for the faithful discharge of his duties in such sum as may be required of him by the city council. The city clerk shall be suspended or dismissed by either the mayor or a majority vote of the city council, without cause, and without rights to an appeal."

Section Five. The City's Charter is hereby amended by deleting the existing Section 3.14 of Article III, City Treasurer, and adding a new section 3.14 to read as follows:

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"Sec. 3.14. Finance Officer.

The mayor shall nominate with the confirmation of the city council a finance officer 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 to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes by the city. The finance officer shall also be responsible for the general duties of a fiscal officer and shall execute such bond and in such sum as may be required of him by the city council. He shall also make general and special reports in the manner and at the time when called upon by the city council to do so. The council may combine the duties of finance officer with other appointed positions in city government. The finance officer shall be suspended or dismissed by either the mayor or a majority vote of the city council, without cause, and without rights to an appeal."

Section Six. The City's Charter is hereby amended by deleting the existing Section 3.17 of Article III, Tax Assessors, and adding a new section 3.17 to read as follows:

"Sec. 3.17. Reserved."

Section Seven. (a) It is hereby declared to be the intention of the Mayor and Council that all sections, paragraphs, sentences, clauses and phrases of this Ordinance are or were, upon their enactment, believed by the Mayor and Council to be fully valid, enforceable and constitutional. (b) It is hereby declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this Ordinance is severable from every other section, paragraph, sentence, clause or phrase of this Ordinance. It is hereby further declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this Ordinance. (c) In the event that any phrase, clause, sentence, paragraph or section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance shall remain valid, constitutional, enforceable, and of full force and effect.

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Section Eight. All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed.

Section Nine. The effective date of this Ordinance shall be the date of adoption unless otherwise stated herein.

ORDAINED this 11th day of August, 2014.

CITY OF JONESBORO, GEORGIA ATTEST:

s/JOY B. DAY Mayor

s/ PAT DANIEL Assistant City Clerk

APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF JONESBORO, at a regular meeting of the Mayor and Council on the 11 day of August, 2014 by the following voting for adoption:

s/ JOY B. DAY JOY B. DAY, MAYOR

s/ WALLACE NORRINGTON WALLACE NORRINGTON, MAYOR PRO TEM

s/ PAT DANIEL PAT DANIEL ASSISTANT CITY CLERK

s/ BOBBY WIGGINS BOBBY WIGGINS, COUNCILMEMBER
s/ PAT SEBO PAT SEBO, COUNCILMEMBER

s/ RANDY SEGNER RANDY SEGNER, COUNCILMEMBER

s/ BILLY POWELL BILLY POWELL, COUNCILMEMBER

s/ JACK BRUCE JACK BRUCE, COUNCILMEMBER

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STATE OF GEORGIA CITY OF JONESBORO

CERTIFICATION

I, Ricky L. Clark, Jr., the undersigned City Clerk of the City of Jonesboro, Georgia, do hereby certify and declare that the attached is a true and correct copy of Ordinance No. 005 regarding hiring, employment and termination of employees as approved by the Jonesboro City Council at its August 11, 2014 Regular Meeting, as contained in its duly ratified minutes.

This 15th day of September 2014,

s/ RICKY L. CLARK Ricky L. Clark, Jr., City Clerk City of Jonesboro Mayor & Council [City of Jonesboro SEAL]

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF CLAYTON 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 Clayton News Daily, published at Jonesboro, County of Clayton, 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.: 201913 Name and File No.: PROPOSED CHARTER AMENDMENT a true copy of which is hereto attached, was published in said newspaper on the following date(s):

7/18/2014 7/25/2014 8/01/2014

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J. K. Murphy, SCNI Vice President of Content

s/ KAREN S. PEOPLES By Karen S. Peoples Legal Advertising Clerk

Sworn and subscribed before me 08/25/14

s/ DAWN WARD Notary Public [NOTARY SEAL]

CITY OF JONESBORO PUBLIC NOTICE
PROPOSED CHARTER AMENDMENT

The City of Jonesboro Mayor and Council, at their August 4, 2014 Work Session and their August 11, 2014 Regular meeting, will consider and hold public hearings regarding an ordinance to amend the City's charter. A final vote will be taken on the proposed charter amendment on August 11, 2014. The ordinance will amend certain provisions within Articles II and III of the City's charter regarding appointment and removal of officers and employees of the City. Copies of the proposed charter amendment will be available for examination and inspection with the clerk of the Clayton County Superior Court and the Jonesboro City Clerk. All concerned citizens are invited to the public hearings, which will be located at the Jonesboro Police Department - 170 S. Main Street Jonesboro, Georgia at 6:00 p.m.

Patricia Daniel Assistant City Clerk

Filed in the Office of the Secretary of State September 11, 2014. __________

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MUNICIPAL HOME RULE ORDINANCES

CITY OF JONESBORO ) GARBAGE COLLECTION FEE.

CITY OF JONESBORO

STATE OF GEORGIA

ORDINANCE NO. 2014-008 CITY OF JONESBORO, GEORGIA
PREAMBLE AND FINDINGS

A HOME RULE ORDINANCE TO AMEND THE CHARTER OF THE CITY OF JONESORO, GEORGIA; TO AMEND ARTICLE I, INCORPORATION AND POWERS, SECTION 1.13 TO PROVIDE AUTHORITY FOR THE CITY TO COLLECT A GARBAGE COLLECTION FEE IN THE SAME MANNER AS TAXES ARE COLLECTED; TO PROVIDE FOR CODIFICATION; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN ADOPTION DATE; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES ALLOWED BY LAW.

WHEREAS, the governing authority of the City of Jonesboro, Georgia (the "City") are the Mayor and Council thereof; and

WHEREAS, the City of Jonesboro desires to provide a more uniform method of funding the collection and disposal of waste from residential properties; and

WHEREAS, a synopsis of this ordinance, along with the dates of the first and second readings has been advertised once per week for three (3) weeks within sixty (60) days preceding the adoption of this ordinance, in accordance with Section 36-35-3(b)(1) of the Official Code of Georgia; and

WHEREAS, a synopsis of the ordinance, along with the dates of the first and second readings were advertised in the Clayton News Daily on September 20, 2014, September 27, 2014, and October 4, 2014; and

WHEREAS, the notice of the adoption of this ordinance provided that a copy of the proposed ordinance is available for inspection at the city clerk's office and at the Superior Court of Clayton County, in accordance with Section 36-35-3(b)(1) of the Official Code of Georgia; and

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WHEREAS, this ordinance has been adopted at two (2) consecutive regular meetings, no less than seven (7) and no more than sixty (60) days apart, in accordance with Section 3635-3(b)(1) of the Official Code of Georgia; and

WHEREAS, this ordinance was adopted at public meetings held on October 6, 2014 and October 13, 2014; and

WHEREAS, these amendments are necessary to further the general health and welfare of the community.

NOW THEREFORE, BE IT AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF JONESBORO, GEORGIA:

Section One. The City's Charter is hereby amended by deleting the existing Section 1.13 of Article I, Incorporation and Powers, and adding a new Section 1.13 to read as follows:

"Sec. 1.13. Examples of Powers.

(1) Air and Water Pollution. To regulate the emission of smoke or other exhaust which pollutes the air, and to prevent the pollution of natural streams which flow within the corporate limits of the city;
(2) Animal Regulations. To regulate and license or to prohibit the keeping of 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;
(3) Appropriations and Expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city;
(4) Building Regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades;
(5) Business Regulation and Taxation. To levy and to provide for the collection of taxes on privileges, occupations, trades and professions; to license and regulate the same; to provide for the manner and method of payment of regulatory fees and taxes; and to revoke such licenses after due process for failure to pay any city regulatory 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

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governing authority, utilizing procedures enumerated in O.C.G.A. tit. 22, 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) 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 violation thereof; (10) Garbage and Trash; Collection; Fees and Taxes. 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. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal, and other sanitary service charge, tax, or fee, in such amount as is deemed appropriate and established by ordinance and on an annual, quarterly, or monthly basis, 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 charges, taxes and fees. To provide for the authority to issue a writ of fieri facias or execution against the property served, to provide that the writ of fieri facias or execution shall have the same lien dignity and priority as a writ of fieri facias or execution issued for city ad valorem or property taxes, to provide that each annual installment shall become a lien against the property served on January 1 of each year in the same manner and the same priority that lien attaches for city ad valorem or property taxes, and to provide that any garbage collection fee that remains unpaid shall accrue penalty, interest, and fieri facias charges in the same manner and the same rate as delinquent city ad valorem or property taxes; (11) General Health, Safety and Welfare. To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Recreation. To create programs, and to manage facilities so as to provide recreational opportunities for the city residents and visitors;

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(14) Jail Sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains and squares in the city, to provide for commitment of such persons to any jail, or to provide for commitment of such persons to any county work camp, county jail or municipal jail by agreement with the appropriate county or municipal officials;
(15) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys and walkways of the city;
(16) Municipal Agencies and Delegation of Power. To create, alter or abolish departments, boards, offices, commissions and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same;
(17) Municipal Debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this charter or the laws of the State of Georgia;
(18) Municipal Property Ownership. To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city;
(19) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the city, and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof;
(20) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, storm water management facilities 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 the same. To levy 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 to those connected with the system;
(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

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necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (24) Police and Fire Protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a firefighting agency; (25) Public Hazards: Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public Improvements. To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under O.C.G.A. tit. 22, or such other applicable laws as are or may hereafter be enacted; (27) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public Utilities and Services. To grant franchises, make contracts, easements, and rights-of-way over, in, under, and on other property of said city on such terms and conditions as such city council may fix, to grant for public utilities and public services and to prescribe the rates, fares, regulations, standards and conditions of services applicable to the service to be provided by the franchise granted or contractor, insofar as not in conflict with valid regulations of the Public Service Commission as may be applicable; (30) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts for

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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) Special Areas of Public Regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (34) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (35) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (36) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law; (37) 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; (38) Urban Redevelopment. To organize and operate an urban redevelopment program; (39) 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 Two. (a) It is hereby declared to be the intention of the Mayor and Council that all sections, paragraphs, sentences, clauses and phrases of this Ordinance are or were, upon their enactment, believed by the Mayor and Council to be fully valid, enforceable and constitutional.

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(b) It is hereby declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this Ordinance is severable from every other section, paragraph, sentence, clause or phrase of this Ordinance. It is hereby further declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this Ordinance.
(c) In the event that any phrase, clause, sentence, paragraph or section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance shall remain valid, constitutional, enforceable, and of full force and effect.

Section Three. All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed.

Section Four. The effective date of this Ordinance shall be the date of adoption unless otherwise stated herein.

ORDAINED this 13 day of October, 2014.

CITY OF JONESBORO, GEORGIA ATTEST:

s/ JOY B. DAY Mayor Joy B. Day

s/ RICKY L. CLARK, JR. City Clerk Ricky L. Clark, Jr.

{SEAL}

s/ WALLACE NORRINGTON Councilmember Wallace Norrington

______________________________ Councilmember Bobby Wiggins

s/ PAT SEBO Councilmember Pat Sebo

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APPROVED AS TO FORM:

s/ RANDY SEGNER Councilmember Randy Segner

s/ STEVE FINCHER Steve Fincher, City Attorney

Absent Councilmember Billy Powell

s/ JACK BRUCE Councilmember Jack Bruce

STATE OF GEORGIA CITY OF JONESBORO

CERTIFICATION

I, Ricky L. Clark, Jr., the undersigned City Clerk of the City of Jonesboro, Georgia, do hereby certify and declare that the attached is a true and correct copy of Ordinance No. 006 to provide a more uniform method of collection and disposal of solid waste from improved residential properties as enacted by the Jonesboro City Council at its October 13, 2014 Regular Meeting, as contained in its duly ratified minutes.

This 13th day of October 2014,

s/ RICKY L. CLARK, JR. Ricky L. Clark, Jr., City Clerk City of Jonesboro Mayor & Council

[City of Jonesboro SEAL]

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF CLAYTON 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 Clayton News Daily, published at Jonesboro, County of Clayton, 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.: 213949 Name and File No.: GARBAGE COLLECTION FEE

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a true copy of which is hereto attached, was published in said newspaper on the following date(s): 09/20/14 Sat 09/27/14 Sat 10/04/14 Sat

s/ J.K. MURPHY J.K. Murphy, SCNI Vice President of Content

s/ TINA PETHEL By Tina Pethel SCNI Controller

Sworn and subscribed before me 10/16/14

s/ KAREN S. PEOPLES Notary Public (Notary Seal) My commission expires June 12, 2015

CITY OF JONESBORO PUBLIC NOTICE
PROPOSED CHARTER AMENDMENT

The City of Jonesboro Mayor and Council, at their October 6, 2014 Work Session and their October 13, 2014 Regular meeting, will consider and hold public hearings regarding an ordinance to amend the City's charter. A final vote will be taken on the proposed charter amendment on October 13, 2014. The ordinance will amend certain provisions within Article I of the City's charter regarding the imposition of an annual garbage collection fee. Copies of the proposed charter amendment will be available for examination and inspection with the clerk of the Clayton County Superior Court and the Jonesboro City Clerk. All concerned citizens are invited to the public hearings, which will be located at the Jonesboro Police Department-170 S. Main Street Jonesboro, Georgia at 6:00 p.m.

Ricky L. Clark, Jr. City Clerk

Filed in the Office of the Secretary of State October 21, 2014. __________

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CITY OF LAFAYETTE SPENDING LIMIT.

ORDINANCE NO. 14-4

ORDINANCE OF THE CITY OF LAFAYETTE, GEORGIA

AN ORDINANCE OF THE CITY OF LAFAYETTE, GEORGIA, FOR THE PURPOSE OF AMENDING THE CHARTER OF THE CITY OF LAFAYETTE, GEORGIA (Ga. L. 1969, p. 2298), AS AMENDED, BY RAISING THE SPENDING LIMIT OF THE CITY MANAGER WITHOUT PRIOR APPROVAL FROM THE MAYOR AND COUNCIL; TO REPEAL ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES.

BE IT ORDAINED, by the Mayor and Council of the City of LaFayette, Georgia, and the Mayor and Council of the City of LaFayette, Georgia, hereby ordains as follows, to-wit:

Pursuant to The Municipal Home Rule Act of 1965, as amended and O.C.G.A. 36-35-3 of said Act, as amended, the Charter of the City of LaFayette, Georgia (Ga. L. 1969, p. 2298), as amended, is amended as follows, to-wit:

1. By deleting from Article II, Section 3-23 (10) the following, to-wit: "provided, however, that no contract, purchase or obligation, involving more than three thousand dollars ($3,000.00) shall be valid or binding upon the City until approved by the Mayor and Council;" and substituting in lieu thereof the following, to-wit: "provided, however, that no contract, purchase or obligation, involving more than eight thousand dollars ($8,000.00) shall be valid or binding upon the City until approved by the Mayor and Council, and the City Manager shall in a timely manner notify the Mayor and Council of any contract, purchase or obligation the City Manager approves between three thousand dollars ($3,000.00) and eight thousand dollars ($8,000.00);".

2. (a) All other ordinances or parts of ordinances heretofore enacted by the City of LaFayette, Georgia, in conflict herewith are hereby repealed.

(b) This ordinance shall become effective upon its being adopted at two consecutive meetings of the Mayor and Council of the City of LaFayette, Georgia.

SO ORDAINED AND ADOPTED AT A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE CITY OF LAFAYETTE, GEORGIA, ON THE 8TH DAY OF SEPTEMBER, 2014.

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CITY OF LAFAYETTE, GEORGIA

BY: s/ PHILLIP A. ARNOLD MAYOR

ATTEST: s/ BRENDA SNYDER CITY CLERK

SO ORDAINED AND ADOPTED AT A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE CITY OF LAFAYETTE, GEORGIA, ON THE 13 DAY OF OCTOBER, 2014.

CITY OF LAFAYETTE, GEORGIA

BY: s/ PHILLIP A. ARNOLD MAYOR

ATTEST: s/ BRENDA SNYDER CITY CLERK

CERTIFICATE OF CLERK

I hereby certify that I am the duly appointed and acting Clerk for the City of LaFayette, Georgia, and I am the Official Custodian of the records and minutes of the Mayor and Council, and attached hereto is a true and correct copy of an Ordinance of the Mayor and Council, which was duly adopted by the Mayor and Council at a meeting which was held on September 8, 2014, and at a meeting which was held on October 13, 2014, at City Hall, S. Duke Street, LaFayette, Georgia, and that all provision of law were complied with including, but not limited to, the Open Meetings Act. I further certify that said Ordinance is currently in force and effect, not having been repealed or modified by subsequent action of the Mayor and Council.

Witness my Official Signature and the Seal of the City of LaFayette, Georgia, this 13th day of October, 2014.

s/ BRENDA SNYDER Brenda Snyder, Clerk Clerk of City of LaFayette, Georgia

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AFFIDAVIT OF PUBLICATION

State of Georgia, } County of Walker } S.S.

I Jessica Case do solemnly swear that I am the Advertising Rep of THE WALKER COUNTY MESSENGER, printed and published at LaFayette in the State of Georgia, and that from my personal knowledge and reference to files of said publication the advertisement of WM1527 was inserted in THE WALKER COUNTY MESSENGER in space of legal notice on the dates as follows:
September 03, 2014 September 10, 2014 September 17, 2014

Subscribed and sworn to before me

s/ JESSICA CASE

This 17 day of Sept. 2014

s/ ANGIE CLARK Notary Public. [SEAL]

Pursuant to the Official Code of Georgia Annotated, as amended, notice is hereby given that the Mayor and Council of the City of LaFayette, Georgia, by Ordinance intends to amend the Charter of the City of LaFayette, (Ga.L. 1969, p.2298), as amended, by raising the spending limit of the City Manager without prior approval from the Mayor and Counsel. A copy of the proposed Ordinance amending the Charter is on file in the Office of the City Clerk for the City of LaFayette, Georgia and in the Office of the Clerk of Superior Court of Walker County, Georgia, for the purpose of examination and inspection by the public.

Filed in the Office of the Secretary of State October 23, 2014. __________

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CITY OF WEST POINT LEASE OR RENTAL OF PROPERTY.

14-12

AN ORDINANCE

AN ORDINANCE BY THE MAYOR AND COUNCIL OF THE CITY OF WEST POINT, GEORGIA, TO AMEND THE CHARTER OF THE CITY; TO AMEND THE CHARTER SO AS TO AUTHORIZE THE CITY TO RENT OR LEASE REAL OR PERSONAL PROPERTY UNDER CERTAIN CONDITIONS; TO REPEAL CONFLICTING PROVISIONS; TO FIX AN EFFECT1VE DATE; AND FOR OTHER PURPOSES.

BE IT ORDAINED BY THE CITY COUNCIL OF WEST POINT, AS FOLLOWS:

SECTION 1: That the Charter of the City of West Point, Georgia, be amended by deleting therefrom
Paragraph (20) of subsection (b) of Section 24, in its entirety, inserting in lieu thereof a new Section 24(b)(20) to read as follows:

"(20) Municipal property ownership.

To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lessor interest, inside or outside the corporate limits of the city. The mayor and council are further hereby authorized to rent or lease real or personal property owned or held by the city, either in its proprietary or governmental capacity, for adequate consideration and upon such terms and conditions as are deemed by the governing authority to be in the best interests of the city;"

SECTION 2: All provisions of the Charter of the City of West Point in conflict herewith are hereby
repealed.

SECTION 3: This Charter amendment, after adoption by the Council and upon approval by the Mayor,
shall be come effective upon a copy of same being filed with the Secretary of State of the State of Georgia and the Clerk of the Superior Court of Troup County, Georgia, all in accordance with O.C.G.A. Section 36-35-5.

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READ AND ADOPTED NOVEMBER 10, 2014

s/ A. DREW FERGUSON, IV A. Drew Ferguson, IV, Mayor

ATTEST: s/ RICHARD MCCOY City Clerk (SEAL)

s/ JOSEPH R. DOWNS, III Joseph R. Downs, III, Councilmember
s/ GERALD W. LEDBETTER Gerald W. Ledbetter, Councilmember

s/ GLORIA R. MARSHALL Gloria R. Marshall, Councilmember

s/ SANDRA THORNTON Sandra Thornton, Councilmember

s/ STEVE TRAMELL Steve Tramell, Councilmember

s/ BENJAMIN F.WILCOX Benjamin F. Wilcox, Councilmember

Post-Publication Affidavit of Legal Notice

State of Alabama Chambers County

Before me, a notary public in and for the county and state above listed, personally appeared Cy Wood, who, by me duly sworn, deposes and says that:

My name is Cy Wood, I am the Publisher of The Valley Times-News.

The Newspaper published the attached legal notice(s) in the issue(s) of: 10/24, 31 11/7/14 (dates of publication). The sum charged for publication was $ 238.80. The sum charged by the Newspaper for said publication does not exceed the lowest retail rate paid by commercial customers for an advertisement of similar size and frequency in the same newspaper(s) in which the public notice(s) appeared.

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There are no agreements between the Newspaper and the officer or attorney charged with the duty of placing the attached legal advertising notices whereby any advantage, gain or profit accrued to said officer or attorney."

s/ CY WOOD AFFIANT

Sworn and subscribed this 11th day of Nov, 2014.

s/ CHARLOTTE C. BROOKS Notary Public My commission expires: __________ My Commission Expires March 10, 2016

NOTICE OF INTENT TO AMEND CHARTER OF THE CITY OF WEST POINT

Notice is hereby given that the Mayor and Council of the City of West Point, Georgia, have proposed and will consider an amendment to the City Charter authorizing the City to rent or lease personal or real property under certain circumstances. A copy of the proposed amendment is on file in the Office of Richard McCoy, West Point City Clerk, and in the Office of Jackie W. Taylor, Clerk of the Superior Court of Troup County, Georgia, for the purpose of examination and inspection by the public.

This 13th day of October, 2014.

Jeffrey M. Todd West Point City Attorney LEWIS, TAYLOR & TODD, P.C. 205 N. Lewis Street, Suite 3 P.O. Box 1027 LaGrange, Georgia 30241

Filed in the Office of the Secretary of State November 20, 2014. __________

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CITY OF LAWRENCEVILLE ORDINANCE FORM AND PROCEDURES.

AMENDMENT TO THE CHARTER OF THE CITY OF LAWRENCEVILLE TO REVISE THE PROVISIONS OF SECTION 2.22

The Council of the City of Lawrenceville, Georgia hereby ordains that pursuant to the provisions of O.C.G.A. 36-35-3, the Charter of the City of Lawrenceville, approved March 28, 1986 (Ga. L. 1986, P. 4961), as amended, is hereby amended by deleting Section 2.22 of the Charter in its entirety and by insertion of the following in lieu thereof:

SECTION 2.22. Ordinance form; procedures.

(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. The enacting clause shall be "The Council of the City of Lawrenceville hereby ordains..." and every ordinance shall so begin. (b) An ordinance may be introduced by any council member and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances as provided in Section 2.24 and ordinances amending the Planning and Zoning Code of Ordinances or otherwise constituting zoning decisions as defined in O.C.G.A. 36-66-3. 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.

The remaining provisions of the Charter of the City of Lawrenceville, Georgia shall remain in full force and effect.

This Ordinance amending the charter of the City of Lawrenceville, Georgia is adopted pursuant to the provisions of O.C.G.A. 36-35-3 and shall become effective upon its approval at a second meeting of the mayor and council and following publication as required by law.

FIRST ADOPTION

Approved and adopted by the mayor and council of the City of Lawrenceville, Georgia this 6th day of October, 2014.

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s\ JUDY JORDAN JOHNSON Mayor

ATTEST:

s/ KAREN PIERCE City Clerk

SECOND ADOPTION

Approved and adopted the second time by the mayor and council of the City of Lawrenceville, Georgia this 3rd day of November, 2014.

s/ JUDY JORDAN JOHNSON Mayor

ATTEST:

s/ KAREN PIERCE City Clerk

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.: 218304 Name and File No.: 11/3 MTG ZNG a true copy of which is hereto attached, was published in said newspaper on the following date(s): 10/16/14 Thu 10/23/14 Thu 10/30/14 Thu

s/ J. K. MURPHY J. K. Murphy, SCNI Vice President of Content

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s/ TODD CLINE By: Todd Cline Editor

Sworn and subscribed before me 11/07/14

s/ TINA L. PARTRIDGE Notary Public My commission expires June 23, 2015 [SEAL]

PUBLIC NOTICE

The public is hereby notified that the Mayor and Council of the City of Lawrenceville will consider an amendment to its Municipal Charter. The amendment would alter Sections 2.22 of the Municipal Charter. This amendment will allow for same day adoption of ordinances amending the Planning and Zoning Code of Ordinances or otherwise constituting zoning decisions as defined in O.C.G.A. 36-66-3. The proposed amendment will be considered for approval of the Mayor and Council of the City of Lawrenceville for the first time during the October 6, 2014 council meeting. The proposed amendment will be considered by the Mayor and Council of the City of Lawrenceville for its second and final adoption at the city council meeting scheduled for November 3, 2014. The city council meetings will be held in the council chambers at Lawrenceville City Hall located at 70 South Clayton Street, Lawrenceville, Georgia. The meetings will begin at 7:00 p.m. A copy of the proposed amendment is on file with the Lawrenceville City Clerk at Lawrenceville City Hall, and a copy may be reviewed or obtained during normal business hours. A copy of the proposed amendment is also on file with the Clerk of the Superior Court of Gwinnett County and is available for examination and inspection by the public. This advertisement is being provided in accordance with the provisions of O.C.G.A. 36-35-3, and the Charter amendment would become effective following adoption by the council at two consecutive regularly scheduled meetings in accordance with the provisions of that statute.

Filed in the Office of the Secretary of State November 26, 2014. __________

CITY OF GRAYSON ) ORGANIZATIONAL MEETINGS.

AMENDMENT TO CITY CHARTER

The Council of the City of Grayson hereby ordains that pursuant to the provisions of O.C.G.A. ' ' 36-35-3 and 36-35-5, the Charter of the City of Grayson, Georgia, as amended

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by an act of the Georgia General Assembly on April 20, 2011, is hereby amended by deleting Section 2.14 in its entirety and inserting the following in lieu thereof:

Section 2.14. Organizational meetings.

The city council shall hold an organizational meeting on the third Monday in December of each year for the purpose of swearing in elected officials whose term will begin January 1st of the following year. The oath of the office shall be administered to the newly elected members as follows:

"I do solemnly swear or affirm that I will faithfully perform all of the duties of (mayor) (councilmember) of the City of Grayson in Gwinnett County, Georgia according to the best of my ability and understanding, so help me God. I further swear or affirm that I am not the holder of any unaccounted for public money due to this state or any political subdivision or authority thereof; that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am by the laws of the State of Georgia prohibited from holding; that I am otherwise qualified to hold the office of (mayor) (councilmember) according to the Constitution and laws of the State of Georgia; that I am a resident of the City of Grayson, Georgia and have been a resident for the period required by law; that I will support and defend the Charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."

This ordinance amending the Charter of the City of Grayson, Georgia is adopted pursuant to O.C.G.A. ' ' 36-35-3 and 36-35-5 and shall become effective upon its approval at two regularly scheduled, consecutive meetings of the Mayor and Council and following publication as required by law.

First Adoption:

Approved and adopted by the Council of the City of Grayon, Georgia, this 20 day of October, 2014.

s/ TRENTON ARNOLD Trenton Arnold - Council Member

s/ LAURIE ANDERSON Laurie Anderson - Council Member

s/ JAMES GILLESPIE James Gillespie - Council Member

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s/ LINDA JENKINS Linda Jenkins - Council Member

s/ ALLISON WILKERSON Allison Wilkerson - Mayor

Attest: s/ LAURA PAUL-CONE City Clerk - Laura Paul-Cone

Second Adoption:

Approved and adopted by the Council of the City of Grayson, Georgia, this 17 day of November, 2014.

s/ TRENTON ARNOLD Trenton Arnold - Council Member

s/ LAURIE ANDERSON Laurie Anderson - Council Member

s/ JAMES GILLESPIE James Gillespie - Council Member

s/ LINDA JENKINS Linda Jenkins - Council Member

s/ ALLISON WILKERSON Allison Wilkerson - Mayor

Attest: s/ LAURA PAUL-CONE City Clerk - Laura Paul-Cone
(Seal)

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

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organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of Ad No.: 218327 Name and File No.: 11/17 HRG a true copy of which is hereto attached, was published in said newspaper on the following date(s): 10/23/14 Thu 10/30/14 Thu 11/06/14 Thu

s/ J. K. MURPHY J. K. Murphy, SCNI Vice President of Content

s/TODD CLINE By: Todd Cline Editor

Sworn and subscribed before me 11/10/14 s/ TINA L. PARTRIDGE Notary Public My commission expires June 23, 2015 (Notary Seal)

PUBLIC NOTICE

The public is hereby notified that the Mayor and Council of the City of Grayson will consider an amendment to its Municipal Charter. The amendment would alter Section 2.14 of the Municipal Charter. This amendment states that an annual organizational meeting will occur on the 3rd Monday of December to swear in newly elected officials whose terms begin on January 1st of the following year. The proposed amendment will be considered for approval of the Mayor and Council of the City of Grayson for the first time during the October 20, 2014 council meeting. The proposed amendment will be considered by the Mayor and Council of the City of Grayson for its second and final adoption at the city council meeting scheduled for November 17, 2014. The city council meetings will be held in the council chambers at Grayson City Hall located at 475 Grayson Parkway, Grayson, Georgia. The meetings will begin at 7:00 p.m. A copy of the proposed amendment is on file with the Grayson City Clerk at Grayson City Hall, and a copy may be reviewed or obtained during normal business hours. A copy of the proposed amendment is also on file with the Clerk of the Superior Court of Gwinnett County and is available for examination and inspection by the public. This advertisement is being provided in accordance with the provisions of O.C.G.A. 36-35-3, and the Charter amendment would become effective

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following adoption by the council at two consecutive regularly scheduled meetings in accordance with the provisions of that statute.

Filed in the Office of the Secretary of State January 7, 2015. __________

CITY OF MILTON PROPERTY; LEASE; CONTRACT FOR VALUABLE CONSIDERATION FOR USE, OPERATION, OR MANAGEMENT.

STATE OF GEORGIA COUNTY OF FULTON

ORDINANCE NO. 15-01-232

A RESOLUTION AND 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 enable the City to lease or enter into a contract for valuable consideration for the use, operation, or management of any of its real, personal, or mixed property, or any interest therein, repeal conflicting laws, and for other purposes; and

WHEREAS, those Charter modifications that could only lawfully be undertaken by the General Assernbly have already been adopted by the General Assembly, and the modifications reflected herein are those that can be lawfully completed by home rule; and

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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 a resolution or 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 Resolution and Ordinance has been advertised and this Resolution and 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 Resolution and 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 and resolves that the Charter of the City of Milton shall be amended as follows:

Section 1. Section 1.12(b)(21) is amended by striking it in its entirety and replacing it with a new Section 1.12(b)(21) to read as follows:

Municipal property owrtership. To acquire, dispose of, lease, enter into a contract for valuable consideration for the use, operation, or management 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;

Section 2. Section 6.32 is amended by striking it in its entirety and replacing it with a new Section 6.32 to read as follows:

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Sale and lease of property; contracts for use, operation, or management. (a) The city council may sell and convey, lease, or enter into a contract for valuable
consideration for the use, operation, or management of any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law, as well as any abandoned or surplus property. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed 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.

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 and in the Office of the Clerk of Superior Court of Fulton County as required by O.C.G.A, 36-35-5.

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ADOPTION AT TWO CONSECUTIVE MEETINGS

This Resolution and Ordinance was adopted at two (2) regular consecutive meetings of the Council of the City of Milton held on December 15, 2014 and January 5, 2015, as required by O.C.G.A. 36-35-3.

BE IT SO RESOLVED AND ORDAINED, this 5th day of January, 2015, by the Council of the City of Milton, Georgia.

Approved:

s/ JOE LOCKWOOD Joe Lockwood, Mayor

Attest:

s/ SUDIE AM GORDON Sudie AM Gordon, City Clerk [SEAL]

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: December 10, 2014, December 17, 2014, and December 24, 2014.

[SEAL]

s/ SUSAN HERNANDEZ Susan Hernandez Advertising Assistant

Subscribed and sworn to before me this December 24, 2014.

Notary Public s/ HANS APPEN Exp. July 5, 2016

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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 Section 1.12(b)(21) and Section 6.32 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 December 15, 2014 and January 5, 2015 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 modification to the Charter of the City of Milton, Georgia is a modification of the authority regarding municipal property ownership and management to enable the City to lease or enter into a contract for valuable consideration for the use, operation, or management of any real, personal, or mixed property. Copies of the proposed amendment 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 January 7, 2015. __________

CITY OF SAVANNAH ) REDISTRICTING.

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF SAVANNAH TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH ARE ELECTED; TO REPEAL ALL LAWS IN CONFLICT HEREWITH AND FOR OTHER PURPOSES.

BE IT ORDAINED by the Mayor and Aldermen of the City of Savannah, Georgia, in regular meeting of Council assembled, and pursuant to Ga. Laws 1981, Page 497, O.C.G.A 36-35-4.1, and after proper notice and advertisement in accordance with O.C.G.A. 36-35-3, that the Charter of the City of Savannah be amended to Reapportion the Election Districts from which Members of the Municipal Governing Bodies are elected, as follows:

SECTION 1: The six (6) Aldermanic Districts of the City of Savannah shall be composed of portions of territory of Chatham County lying within the corporate limits as follows:

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MUNICIPAL HOME RULE ORDINANCES

District 1: DISTRICT 1 [Portion A]

Beginning at a point [X: 987525.938296 Y: 758757.426685] located at the approximate intersection of the centerlines of Martin Luther King Jr. Blvd & West Bryan Street, said point being, THE POINT OF BEGINNING, thence proceeding in a NW direction along the centerline of West Bryan Street, for an approximate distance of 1,722 ft. to a point, thence proceeding in a NE direction [N 12-54-21 E] along a line for an approximate distance of 676.761 ft. to a point, thence proceeding in a NE direction [N 21-44-41 E] along a line for an approximate distance of 513.197 ft. to a point, thence proceeding in a NE direction [N 45-19-39 E] along a line for an approximate distance of 229.479 ft. to a point, thence proceeding in a NE direction [N 57-49-42 E] along a line for an approximate distance of 467.496 ft. to a point, thence proceeding in a SE direction [S 57-49-42 E] along a line for an approximate distance of 1,060.375 ft. to a point, thence proceeding in a SE direction [S 4-21-5 E] along a line for an approximate distance of 75.11 ft. to a point, thence proceeding in a SE direction [S 41-52-14 E] along a line for an approximate distance of 272.653 ft. to a point, thence proceeding in a SE direction [S 55-52-36 E] along a line for an approximate distance of 240.342 ft. to a point, thence proceeding in a SW direction [S 18-35-25 W] along a line for an approximate distance of 209.521 ft. to a point, thence proceeding in a SW direction [S 35-12-0 W] along a line for an approximate distance of 17.487 ft. to a point, a point located on the centerline of River Street, thence proceeding in a SE direction, along the centerline of River Street for an approximate distance of 4,643.321 ft. to a point [X: 991999.921079 Y: 757647.705341], a point located on the centerline of General McIntosh Boulevard, thence proceeding in a SE direction along the centerline of General McIntosh Boulevard for an approximate distance of 1,636.741 ft. to a point, [X: 992835.965944 Y: 756314.197517], a point located at the approximate intersection of the centerline of General Mcintosh Boulevard & President Street Extension, thence proceeding in a SE direction along the centerline of President Street Extension for an approximate distance of 1,448.447 ft. to a point, [X: 994226.267196 Y: 755908.000146], a point located on the approximate intersection of the centerline of President Street Extension and an existing rail road right-of-way, more particularly, a point located on the current Municipal Boundary of the City Limits of Savannah [as of October 2014], thence proceeding in a Northerly direction commensurate with the current Municipal Boundary of the City Limits of Savannah, and continuing along the same contiguous municipal boundary for the City of Savannah, to a point [X: 973731.020573 Y: 748520.943823], said point being located at the intersection of the centerlines of Interstate 516 & Ogeechee Road [U.S. Hwy 17] and more particularly, a point located on the current Municipal Boundary of the City Limits of Savannah [as of October 2014), thence proceeding in a NE direction along the centerline of Ogeechee Road [U.S. Hwy 17] for an approximate distance of 6,636.065 ft. to a point, said point being located at the intersection of the centerlines of Interstate Ogeechee Road [U.S. Hwy 17] & West Victory Drive, thence proceeding in a SE direction along the

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centerline of West Victory Drive for an approximate distance of 4,413.900 ft. to a point, said point being located at the intersection of the centerlines of West Victory Drive & Martin Luther King Junior Boulevard, thence proceeding in a NE direction along the centerline of Martin Luther King Jr. Boulevard for an approximate distance of 3,755.905 ft. to a point, said point being located at the intersection of the centerlines of Martin Luther King Jr. Boulevard & West Anderson Street, thence proceeding in a NW direction along the centerline of West Anderson Street for a distance of approximately 1,018.165 ft. to a point, said point being located at the intersection of the centerlines of West Anderson Street and May Street, thence proceeding in a NE direction along the centerline of May Street for a distance of approximately 1,814.66 ft. to a point, said point being located at the intersection of the centerlines of May Street & West Gwinnett Street, thence proceeding in a SE direction along the centerline of West Gwinnett Street for a distance of approximately 1,029.536 ft. to a point, said point being located at the intersection of the centerlines West Gwinnett Street & Martin Luther King Jr. Boulevard, thence proceeding in a NE direction along the centerline of Martin Luther King Jr. Boulevard for a distance of approximately 4,978.202 ft. to a point [X: 987525.938296 Y: 758757.426685], and said point also being, THE POINT OF BEGINNING,

DISTRICT 1 [Portion B] - Savannah Land Fill Site

Beginning at a point [X: 952411.261193 Y : 749503.696424], located at the approximate intersection of the Northeastern boundary line for the right-of-way line of Landfill Road & the Western boundary line for the right-of-way line of Dean Forest Road and more particularly, said point being located on the current Municipal Boundary of the City Limits of Savannah [as of October 2014], and with said point also being, THE POINT OF BEGINNING, thence proceeding in a Southwesterly direction commensurate with the current contiguous Municipal Boundary of the City Limits of Savannah, and continuing along the same municipal boundary for the City of Savannah, until it's return back to a point [X: 952411.261193 Y: 749503.696424], said point being, THE POINT OF BEGINNING

DISTRICT 1 (Portion C] - Red Gate Farms Area

Beginning at a point [X: 965282.409323 Y: 739138.569978], located at the approximate intersection of the centerlines of Veterans Parkway & the northern most boundary of the right-of-way line for Buckhalter Road, and more particularly, a point located on the current Municipal Boundary of the City Limits of Savannah [as of October 2014], and said point also being, THE POINT OF BEGINNING, thence proceeding in a Southeasterly direction commensurate with the current contiguous Municipal Bolmdary of the City Limits of Savannah, and continuing along the same municipal boundary for the City of Savannah, until it's return back to a point [X: 965282.409323 Y: 739138.569978], said point being, THE POINT OF BEGINNING

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MUNICIPAL HOME RULE ORDINANCES

DISTRICT 1 [Portion D] - Coleman Boulevard Industrial Area

Beginning at a point [X: 948433.061394 Y: 771623.37152], located at the approximate intersection of the centerlines of Bourne Avenue & the Coleman Boulevard, and more particularly, a point located on the current Municipal Boundary of the City Limits of Savannah [as of October 2014], and said point also being, THE POINT OF BEGINNING, thence proceeding in a Northeasterly direction commensurate with the current contiguous Municipal Boundary of the City Limits of Savannah, and continuing along the same municipal boundary for the City of Savannah, until it's return back to a point [X: 948433.061394 Y: 771623.37152], said point being, THE POINT OF BEGINNING

District 2: DISTRICT 2

Beginning at a point [X: 987525.938296 Y: 758757.426685] located at the approximate intersection of the centerlines of Martin Luther King Jr. Blvd & West Bryan Street, said point being, THE POINT OF BEGINNING, thence proceeding in a NW direction along the centerline of West Bryan Street, for an approximate distance of 1,722 ft. to a point, thence proceeding in a NE direction [N 12-54-21 E] along a line for an approximate distance of 676.761 ft. to a point, thence proceeding in a NE direction [N 21-44-41 E] along a line for an approximate distance of 513.197 ft. to a point, thence proceeding in a NE direction [N 45-19-39 E] along a line for an approximate distance of 229.479 ft. to a point, thence proceeding in a NE direction [N 57-49-42 E] along a line for an approximate distance of 467.496 ft. to a point, thence proceeding in a SE direction [S 57-49-42 E] along a line for an approximate distance of 1,060.375 ft. to a point, thence proceeding in a SE direction [S 4-21-5 E] along a line for an approximate distance of 75.11 ft. to a point, thence proceeding in a SE direction [S 41-52-14 E] along a line for an approximate distance of 272.653 ft. to a point, thence proceeding in a SE direction [S 55-52-36 E] along a line for an approximate distance of 240.342 ft. to a point, thence proceeding in a SW direction [S 18-35-25 W] along a line for an approximate distance of 209.521 ft. to a point, thence proceeding in a SW direction [S 35-12-0 W] along a line for an approximate distance of 17.487 ft. to a point, a point located on the centerline of River Street, thence proceeding in a SE direction, along the centerline of River Street for an approximate distance of 4,643.321 ft. to a point [X: 991999.921079 Y: 757647.705341], a point located on the centerline of General McIntosh Boulevard, thence proceeding in a SE direction along the centerline of General McIntosh Boulevard for an approximate distance of 1,636.741 ft. to a point, [X: 992835.965944 Y: 756314.197517], a point located at the approximate intersection of the centerline of General McIntosh Boulevard & President Street Extension, thence proceeding in a SE direction along the centerline of President Street Extension for an approximate distance of 1,484.307 ft. to a point, [X: 994260.751041 Y: 755898.127907], a point located on the approximate intersection of the centerline of President Street Extension

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and an existing rail road right-of-way, thence proceeding in a SW direction along the centerline of the rail road right-of-way for an approximate distance of 3,070.009 ft. to a point, [X: 992130.434837 Y: 754343.846389], a point located on the approximate intersection of the centerlines of the said rail road right-of-way and Wheaton Street, thence proceeding in a SE direction along the approximate centerline of Wheaton Street for an approximate distance of 3,831.26 ft. to a point, said point being located at the approximate intersection of the centerlines of Wheaton Street and Ash Street, thence proceeding in a SW direction along the centerline of Ash Street for an approximate distance of 5,691.361 ft. to a point, said point being located at the approximate intersection of the centerlines of Ash Street & Victory Drive, thence proceeding in a NW direction along the centerline of Victory Drive for a distance of approximately 8,527.689 ft. to a point, said point being located at the intersection of the centerlines of Victory Drive and Montgomery Street, thence proceeding in a NE direction along the centerline of Montgomery Street for an approximate distance of 139.785 ft. to a point, said point being located at the intersection of the centerlines of Montgomery Street & West 43rd Street, thence proceeding in a NW direction along the centerline of West 43rd Street for an approximate distance of 323.173 ft. to a point, said point being located at the approximate intersection of the centerlines of West 43rd Street & Martin Luther King Jr. Boulevard, thence proceeding in a NE direction along the centerline of Martin Luther King Jr. Boulevard for an approximate distance of 3,755.905 ft. to a point, said point being located at the intersection of the centerlines of Martin Luther King Jr. Boulevard & West Anderson Street, thence proceeding in a NW direction along the centerline of West Anderson Street for a distance of approximately 1,018.165 ft. to a point, said point being located at the intersection of the centerlines of West Anderson Street and May Street, thence proceeding in a NE direction along the centerline of May Street for a distance of approximately 1,814.66 ft. to a point, said point being located at the intersection of the centerlines of May Street & West Gwinnett Street, thence proceeding in a SE direction along the centerline of West Gwinnett Street for a distance of approximately 1,029.536 ft. to a point, said point being located at the intersection of the centerlines West Gwinnett Street & Martin Luther King Jr. Boulevard, thence proceeding in a NE direction along the centerline of Martin Luther King Jr. Boulevard for a distance of approximately 4,978.202 ft. to a point [X: 987525.938296 Y: 758757.426685], said point being THE POINT OF BEGINNING

District 3: DISTRICT 3 [Portion A]

Commencing from a point [X: 999819.389245 Y: 754627.076871] located at the approximate intersection of the centerlines of Pennsylvania Avenue & East President Street, thence proceeding in a SW direction along the centerline of Pennsylvania Avenue, for an approximate distance of 153.407 ft. to a point [X: 999776.365011 Y: 754479.826342], said point being located on the intersection of the centerlines of Pennsylvania Avenue & the

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MUNICIPAL HOME RULE ORDINANCES

Southern boundary of the Rail Road right- of-way line, said point also being located on the City of Savannah's current municipal boundary [as of October 2014], said point also being, THE POINT OF BEGINNING, thence proceeding in a Southerly direction along the City of Savannah's current municipal boundary to a point [X: 1001051.84112 Y: 745955.265533], a point located at the intersection of the centerlines of Bonaventure Road & Downing Avenue, thence continuing in a Southerly direction along the City of Savannah's current municipal boundary to a point [X: 997073.549778 Y: 735378.933416], a point located at the intersection of the centerlines of LaRoche Avenue & DeRenne Avenue, thence proceeding in a NW direction along the centerline of DeRenne Avenue, for an approximate distance of 2,723.456 ft. to a point, said point being located on the intersection of the centerlines of DeRenne Avenue & Skidaway Road, thence proceeding in a SW direction along the centerline of Skidaway Road, for an approximate distance of 7,301.910 ft. to a point, said point being located on the intersection of the centerlines of Skidaway Road & Eisenhower Drive, thence proceeding in a NW direction along the centerline of Eisenhower Drive for an approximate distance of 4,280.893 ft. to a point, said point being located on the intersection of the centerlines of Eisenhower Drive & Agonic Road, thence proceeding in a NW direction along the centerline of Agonic Road for an approximate distance of 1,767.849 ft. to a point [X: 989684.008262 Y: 732233.770052], thence continuing in a NW direction [N 1-27-55 W] along Agonic Road for an approximate distance of 642.602 ft. to a point [X: 989667.5762 Y: 732876.161924], a point located on the approximate centerline of Agonic Road, thence proceeding along a line in a NE direction [N 58-17-24 E] for an approximate distance of 1,666.3222 ft. to a point [X: 991085.150317 Y: 733752.011967], said point being located along the approximate centerline of the existing Casey Canal thence proceeding in a NW direction along the approximate centerline of Casey Canal for an approximate distance of 1,450.113 ft. to a point [X: 990687.925627 Y: 735141.202001], thence proceeding in a NW direction along the centerline of Bacon Park Drive, for an approximate distance of 3,050.986 ft. to a point, said point being located on the intersection of the centerlines of Bacon Park Drive & Waters Avenue, said point being located at the intersection of the centerlines of Waters Avenue & 51st Street, thence proceeding in a SE direction along the centerline of 51st Street, for an approximate distance of 2,792.108 ft. to a point, said point being located at the intersection of the centerlines of 51st Street & Bee Road, thence proceeding in a NE direction along the centerline of Bee Road, for an approximate distance of 2,330.082 ft. to a point, said point being located at the intersection of the centerlines of Bee Road & Victory Drive, thence proceeding in a NW direction along the centerline of Victory Drive, for an approximate distance of 1,040.793 ft. to a point, said point being located at the intersection of the centerlines of Bee Road & Ash Street, thence proceeding in a NE direction along the centerline of Ash Street, for an approximate distance of 5,691.361 ft. to a point, said point being located at the intersection of the centerlines of Ash Street & Wheaton Street, thence proceeding in a NW direction along the centerline of Wheaton Street, for an approximate distance of 3,831.259 ft. to a point [X: 992130.434837 Y: 754343.846389], said point being located at the intersection of the centerlines of Wheaton

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Street & an existing rail road track with a North/South orientation, thence proceeding in a NE direction along the centerline of the existing rail road track for an approximate distance of 3,070.009 ft. to a point [X: 994205.235851 Y: 755728.679664], said point being located on the intersection of the centerlines of the existing rail road line & the Southern boundary line of an Rail Road right-of-way, which is positioned with a East/West orientation, and said point also being located on the City of Savannah's current municipal boundary [as of October 2014], thence proceeding in a SE direction along said line, for an approximate distance of 5,711.830 ft. to a point [X: 999776.365011 Y: 754479.826342], said point being located on the intersection of the centerlines of Pennsylvania Avenue & the Southern boundary of the Rail Road right-of-way line, said point also being located on the City of Savannah's current municipal boundary [as of October 2014], said point also being, THE POINT OF BEGINNING,

DISTRICT 3 [Portion B]

Beginning at a point [X: 1001858.90396 Y: 745716.61271] located at the approximate intersection of the centerlines of Bonaventure Road & Greenwich Road, said point also being, THE POINT OF BEGINNING, thence proceeding in a NE direction along the centerline of Greenwich Road, but more particularly, following the current municipal boundary [as of October 2014], for the City of Savannah, thence continuing along the current municipal boundary for the City of Savannah, until it's return back to a point [X: 1001858.90396 Y: 745716.61271], said point being, THE POINT OF BEGINNING

District 4: DISTRICT 4

Beginning at a point [X: 985989.022078 Y: 748127.573601] located at the approximate intersection of the centerlines of Bull Street & Victory Drive, said point being, THE POINT OF BEGINNING, thence proceeding in a SE direction along the centerline of Victory Drive, for an approximate distance of 10,030.663 ft. to a point, said point being located on the intersection of the centerlines of DeRenne Avenue & Bee Road, thence proceeding in a SW direction along the centerline of Bee Road, for an approximate distance of 2330.082 ft. to a point, said point being located on the intersection of the centerlines of Bee Road & 51st Street, thence proceeding in a NW direction along the centerline of 51st Street, for an approximate distance of 2,792.108 ft. to a point, said point being located on the intersection of the centerlines of 51st Street & Waters Avenue, thence proceeding in a SW direction along the centerline of Waters Avenue, for an approximate distance of 8,852.515 ft. to a point, said point being located on the intersection of the centerlines of Waters Avenue & Bacon Park Drive, thence proceeding in a SE direction along the centerline of Bacon Park Drive, for an approximate distance of 3,050.986 ft. to a point [X: 990687.925627 Y: 735141.202001], said point being located along the centerline of existing Casey Canal, thence proceeding in a SE

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MUNICIPAL HOME RULE ORDINANCES

direction along the approximate centerline of Casey Canal for an approximate distance of 1,450.113 ft. to a point [X: 991085.150317 Y: 733752.011967], thence proceeding along a line in a SW direction [S 58-17-24 W] for an approximate distance of 1,666.3222 ft. to a point [X: 989667.5762 Y: 732876.161924], thence proceeding in a SE direction [S 1-27-55 E] along a line [A.K.A. Agonic Road] for an approximate distance of 642.602 ft. to a point, a point located on the approximate centerline of Agonic Road, thence continuing in a SE direction along the centerline of Agonic Road for an approximate distance of 1,767.849 ft. to a point, said point being located on the intersection of the centerlines of Agonic Road & Eisenhower Drive, thence proceeding in a SE direction along the centerline of Eisenhower Drive for an approximate distance of 4,280.893 ft. to a point, said point being located on the intersection of the centerlines of Eisenhower Drive & Skidaway, thence proceeding in a NE direction along the centerline of Skidaway Road for an approximate distance of 7,301.910 ft. to a point, said point being located on the intersection of the centerlines of DeRenne Avenue & Skidaway Road, thence proceeding in a SE direction along the centerline of DeRenne Avenue for an approximate distance of 2,723.456 ft. to a point, said point being located on the intersection of the centerlines of DeRenne Avenue & LaRoche Avenue, thence proceeding in a SE direction along the centerline of DeRenne Avenue for an approximate distance of 2,723.456 ft. to a point, said point being located on the intersection of the centerlines of DeRenne Avenue & LaRoche Avenue, said point also being located on the current municipal boundary for the City of Savannah [as of October 2014] thence proceeding in a SE direction along the current municipal boundary for the City of Savannah until it's intersection of the centerlines of Montgomery Cross Road & Skidaway Road, thence continuing along the current municipal boundary for the city of Savannah, in a NW direction, along the centerline of Montgomery Cross Road until it's intersection of the centerline of Montgomery Cross Road & Haney's Creek, thence continuing along the current municipal boundary for the City of Savannah, in a SW direction, along the centerline of Haney's Creek & The Vernon River to a point, a point located at the approximate intersection of the centerlines of Rendant Avenue/Rockwell Avenue & the current municipal boundary for the City of Savannah [X: 979017.804401 Y: 717324.881198], thence proceeding in a NW direction along the centerline of Rendant Avenue for an approximate distance of 3,559.260 ft. to a point, said point being located on the intersection of the centerlines of Rendant Avenue & White Bluff Road thence proceeding in a NE direction along the centerline of White Bluff Road for an approximate distance of 12,183.230 ft, to a point, said point being located on the intersection of the centerlines of White Bluff Road & Abercorn Street, thence continuing in a NE direction along the centerline of White Bluff Road for an approximate distance of 9,590.504 ft. to a point, said point being located on the intersection of the centerlines of White Bluff Road/Bull Street & DeRenne Avenue, thence continuing in a NE direction along the centerline of Bull Street for an approximate distance of 8,996.876 ft. to a point, said point being located on the intersection of the centerlines of Bull Street & Victory Drive, thence proceeding in a NE direction along the centerline of Bull Street for an approximate distance of 8,996.876 ft. to a point [X: 985989.022078

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Y: 748127.573601], said point being located on the intersection of the centerlines of Bull Street & Victory Drive, said point also being, TRE POINT OF BEGINNING

District 5: DISTRICT 5 [Portion A]

Beginning at a point [X: 985989.022078 Y: 748127.573601] located at the approximate intersection of the centerlines of Victory Drive & Bull Street, said point also being, THE POINT OF BEGINNING, thence proceeding in a SW direction along the centerline of Bull Street, for an approximate distance of 8,996.876 ft. to a point, said point being located on the intersection of the centerlines of Bull Street/White Bluff Road & DeRenne Avenue, thence proceeding in a SW direction along the centerline of White Bluff Road for an approximate distance of 9,590.504 ft. to a point, said point being located on the intersection of the centerlines of White Bluff Road & Abercorn Street, thence continuing in a SW direction along the centerline of White Bluff Road for an approximate distance of 5,740.528 ft. to a point, said point being located on the intersection of the centerlines of White Bluff Road & Tibet Avenue, thence proceeding in a NW direction along the centerline of Tibet Avenue for an approximate distance of 6,532.049 ft. to a point, said point being located on the intersection of the centerlines of Tibet Avenue & Middleground Road, thence proceeding in a SW direction along the centerline of Middleground Road for an approximate distance of 3,468.061 ft. to a point, said point being located on the intersection of the centerlines of Middleground Road & Peachtree Drive, thence proceeding in a NW direction along the centerline of Peachtree Drive for an approximate distance of 1,842.213 ft. to a point, said point being located on the intersection of the centerlines of Peachtree Drive & Quail Hallow Drive, thence proceeding in a SW direction along the centerline of Quail Hallow Drive for an approximate distance of 447.730 ft. to a point, said point being located on the intersection of the centerlines of Quail Hallow Drive & Dutchtown Road, thence proceeding in a NW direction along the centerline of Dutchtown Road for an approximate distance of 716.432 ft. to a point [X: 966622.014627 Y: 725825.259908], said point being located on the intersection of the centerlines of Dutchtown Road & Apachie Avenue, thence proceeding in a NW direction [N 0-53-35 W] along a line for an approximate distance of 90.508 ft. to a point [X: 966620.603966 Y: 725915.757336], thence continuing in a NW direction [N 20-30-16 W] along a line for an approximate distance of 26.322 ft. to a point [X: 966611.383915 Y: 725940.411699], thence proceeding in a NE direction [N 38-32-50 E] along a line for an approximate distance of 49.676 ft. to a point [X: 966642.340117 Y: 725979.263304],thence proceeding in a NW direction [N 59-41-22 W] along a line for an approximate distance of 612.079 ft. to a point [X: 966113.930957 Y: 726288.172095], thence continuing in a NW direction [N 72-40-20 W] along a line for an approximate distance of 738.964 ft. to a point [X: 965408.503842 Y: 726508.26341], thence proceeding in a SW direction [S 15-8-37 W] along a line for an approximate distance of 923.974 ft to a point [X: 965167.125324 Y: 725616.374575], thence proceeding in a SE direction

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MUNICIPAL HOME RULE ORDINANCES

[S 74-12-52 E] along a line for an approximate distance of 61.572 ft. to a point [X: 965226.375311 Y: 725599.624561], thence proceeding in a SW direction [S 14-54-54 W] along a line for an approximate distance of 716.884 ft. to a point, said point being located on the centerline of Mohawk Street, thence proceeding in a NW direction along the centerline of Mohawk Street for an approximate distance of 1,418.562 ft. to a point, said point being located on the intersection of the centerlines of Mohawk Street & Rio Road, thence proceeding in a SW direction along the centerline of Rio Road for an approximate distance of 2,800.232 ft. to a point, said point being located on the intersection of the centerlines of Rio Road & Abercorn Street Extension, thence proceeding in a NW direction along the centerline of Abercorn Street Extension for an approximate distance of 1,564.734 ft. to a point, said point being located on the approximate intersection of the centerlines of Abercorn Street Extension & and along the North/North Eastern bank of the Little Ogeechee River, said point also being, in particular, the current Municipal Boundary for the City of Savannah [as of October 2014], thence proceeding in a Northerly direction along the approximate North/North Eastern bank of the Little Ogeechee River, which is also the current Municipal Boundary for the City of Savannah, to a point, said point being located at the intersection of the centerlines of Interstate 516 & Ogeechee Road [U.S. Hwy 17], thence proceeding in a NE direction along the centerline of Ogeechee Road [U.S. Hwy 17] for an approximate distance of 6,636.065 ft. to a point, said point being located at the intersection of the centerlines of Interstate Ogeechee Road [U.S. Hwy 17] & West Victory Drive, thence proceeding in a SE direction along the centerline of West Victory Drive for an approximate distance of 4,413.900 ft. to a point, said point being located at the intersection of the centerlines of West Victory Drive & Martin Luther King Junior Boulevard, thence proceeding in a NE direction along the centerline of Martin Luther King Junior Boulevard for an approximate distance of 44.923 ft. to a point, said point being located at the intersection of the centerlines of Martin Luther King Junior Boulevard & West 43rd Street, thence proceeding in a SE direction along the centerline of West 43rd Street for an approximate distance of 323.173 ft. to a point, said point being located at the intersection of the centerlines of West 43rd Street & Montgomery Street, thence proceeding in a SW direction along the centerline of Montgomery Street for an approximate distance of 139.785 ft. to a point, said point being located at the intersection of the centerlines of Montgomery Street & West Victory Drive, thence proceeding in a SE direction along the centerline of Victory Drive for an approximate distance of 1,308.115 ft. to a point [X: 985989.022078 Y: 748127.573601], said point being located at the intersection of the centerlines of West Victory Drive & Bull Street, said point also being, THE POINT OF BEGINNING,

DISTRICT 5 [Portion B]

Beginning at a point [X: 934215.256219 Y: 727050.347031] located at the approximate intersection of the centerlines of Ogeechee Road [U.S. Hwy 17] & Canebrake Road, and

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more particularly, also being the location of the current Municipal Boundary of the City Limits of Savannah [as of October 2014], and with said point also being, THE POINT OF BEGINNING, thence proceeding in a Southerly direction commensurate with the current Municipal Boundary of the City Limits of Savannah, and continuing along the same municipal boundary for the City of Savannah, until it's return back to a point [X: 934215.256219 Y: 727050.347031], said point being, THE POINT OF BEGINNING

DISTRICT 5 [Portion C]

Beginning at a point [X: 934215.256219 Y: 727050.347031] located at the approximate intersection of the centerlines of Ogeechee Road [U.S. Hwy 17] & Canebrake Road, and more particularly, also being the location of the current Municipal Boundary of the City Limits of Savannah [as of October 2014], and with said point also being, THE POINT OF BEGINNING, thence proceeding in a Southerly direction commensurate with the current Municipal Boundary of the City Limits of Savannah, and continuing along the same municipal boundary for the City of Savannah, until it's return back to a point [X: 934215.256219 Y: 727050.347031], said point being, THE POINT OF BEGINNING

DISTRICT 5 [Portion D]

Commencing from a point [X: 905376.870598 Y: 754939.754724] located at the approximate intersection of the centerlines of Middle Landing Road, Highgate Boulevard & Fort Argyle Road [Hwy 204], thence proceeding in a NE direction, along the centerline of Highgate Boulevard for an approximate distance of 260.284 ft. to a point [X: 905535.101938 Y: 755146.421122], and more particularly, also being a point located on the current Municipal Boundary of the City Limits of Savannah [as of October 2014], and with said point also being, THE POINT OF BEGINNING, thence proceeding in a Southerly direction commensurate with the current Municipal Boundary of the City Limits of Savannah, and continuing along said municipal boundary for the City of Savannah, until it's return back to a point [X: 905535.101938 Y: 755146.421122], said point being, THE POINT OF BEGINNING

District 6: DISTRICT 6 [Portion A]

Beginning at a point [X: 971309.443879 Y: 727446.499318] located at the approximate intersection of the centerlines of Middleground Road & Tibet Avenue, said point also being, THE POINT OF BEGINNING, thence proceeding in a SE direction along the centerline of Tibet Avenue, for an approximate distance of 7,246.283 ft. to a point, said point being located on the intersection of the centerlines of Tibet Avenue & White Bluff Road, thence proceeding in a SW direction along the centerline of White Bluff Road for an approximate

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MUNICIPAL HOME RULE ORDINANCES

distance of 5,740.528 ft. to a point, said point being located on the intersection of the centerlines of White Bluff Road & Rendant Avenue, thence continuing in a SE direction along the centerline of Rendant Avenue for an approximate distance of 3,559.310 ft. to a point [X: 979017.804401 Y: 717324.881198 ], said point being located on the intersection of the centerlines of Rendant Avenue & Rockwell Avenue, and more particularly, said point being located on the current Municipal Boundary of the City Limits of Savannah [as of October 2014], thence proceeding in a SW direction commensurate with the current Municipal Boundary of the City Limits of Savannah, and continuing along the same municipal boundary for the City of Savannah, until it's return back to a point [X: 961342.583785 Y: 722872.808413], said point being located at the intersection of the centerline of the Little Ogeechee River & Abercorn Street [Hwy 204], thence proceeding in a SE direction along the centerline of Abercorn Street Extension for an approximate distance of 1,564.734 ft. to a point, said point being located on the approximate intersection of the centerlines of Abercorn Street Extension & Rio Road thence proceeding in a NE direction along the centerline of Rio Road for an approximate distance of 2,800.232 ft. to a point, said point being located on the intersection of the centerlines of Rio Road & Mohawk Street, thence proceeding in a SE direction along the centerline of Mohawk Street for an approximate distance of 1,418.562 ft. to a point [X: 965041.859481 Y: 724906.892987], thence proceeding in a NE direction [N 14-54-54 E] along a line for an approximate distance of 716.884 ft. to a point [X: 965226.375311 Y: 725599.624561], thence proceeding in a NW direction [N 74-12-52 W] along a line for an approximate distance of 61.572 ft. to a point [X: 965167.125324 Y: 725616.374575], thence proceeding in a NE direction [N 15-8-37 E] along a line for an approximate distance of 923.974 ft. to a point [X: 965408.503842 Y: 726508.26341], thence continuing in a SE direction [S 72-40-20 E] along a line for an approximate distance of 738.964 ft. to a point [X: 966113.930957 Y: 726288.172095], thence proceeding in a SE direction [S 59-41-22 E] along a line for an approximate distance of 612.079 ft. to a point [X: 966642.340117 Y: 725979.263304], thence proceeding in a SW direction [S 38-32-50 W] along a line for an approximate distance of 49.676 ft. to a point [X: 966611.383915 Y: 725940.411699], thence proceeding in a SE direction [S 20-30-16 E] along a line for an approximate distance of 26.322 ft. to a point [X: 966620.603966 Y: 725915.757336], thence proceeding in a SE direction [S 0-53-35 E] along a line for an approximate distance of 90.508 ft. to a point [X: 966622.014627 Y: 725825.259908], said point located on the approximate centerline of Dutchtown Road, thence proceeding in a SE direction along the centerline of Dutchtown Road for an approximate distance of 716.432 ft. to a point, said point being located on the intersection of the centerlines of Dutchtown Road & Quail Run Drive, thence proceeding in a NE direction along the centerline of Quail Hallow Drive for an approximate distance of 447.730 ft. to a point, said point being located on the intersection of the centerlines of Quail Hallow Drive & Peachtree Drive, thence proceeding in a SE direction along the centerline of Peachtree Drive for an approximate distance of 1,842.213 ft. to a point, said point being located on the intersection of the centerlines of Peachtree Drive & Middleground Road, thence proceeding in a NE direction along the

GEORGIA LAWS 2015 SESSION

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centerline of Middleground Road for an approximate distance of 3,468.061 ft. to a point [X: 971309.443879 Y: 727446.499318], said point being, THE POINT OF BEGINNING,

DISTRICT 6 [Portion B]

Commencing from a point [X: 950064.956043 Y: 715420.857089] located at the approximate intersection of the centerlines of Grove Point Road & Shore Road, thence proceeding in a NE along the centerline of Shore Road for an approximate distance of 29.56 ft. to a point [X: 950094.080195 Y: 715428.105267], more particularly, a point located on the current Municipal Boundary of the City Limits of Savannah [as of October 2014], and said point also being, THE POINT OF BEGINNING, thence proceeding in a Southerly direction commensurate with the current Municipal Boundary of the City Limits of Savannah, and continuing along the same municipal boundary for the City of Savannah, until it's return back to a point [X: 950094.080195 Y: 715428.105267] said point being, THE POINT OF BEGINNING

DISTRICT 6 [Portion C]

Commencing from a point [X: 947309.71845 Y: 725017.247291] located at the approximate intersection of the centerlines of Grove Point Road & Sweetwater Station Drive, thence proceeding in a SW along the centerline of Sweetwater Station Drive for an approximate distance of 1,015.258 ft. to a point [X: 946826.103178 Y: 724125.442905], more particularly, a point located on the current Municipal Boundary of the City Limits of Savannah [as of October 2014], and said point also being, THE POINT OF BEGINNING, thence proceeding in a Easterly direction commensurate with the current Municipal Boundary of the City Limits of Savannah, and continuing along the same municipal boundary for the City of Savannah, until it's return back to a point [X: 946826.103178 Y: 724125.442905], said point being, THE POINT OF BEGINNING

(The geographical limits of each Aldermanic District described above are as shown on a map of the City attached hereto and made a part hereof and on file in the Office of the Clerk of Council).

SECTION 2: All laws in conflict herewith are hereby repealed.

ADOPTED AND APPROVED: JANUARY 8, 2015

s/ EDNA B. JACKSON MAYOR

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MUNICIPAL HOME RULE ORDINANCES

ATTEST:

s/ DYANNE C. REESE CLERK OF COUNCIL

Pursuant to O.C.G.A. 36-35-3 to amend the Charter of the City of Savannah to Reapportion the Election Districts was advertised as follows: December 9, 2014; December 16, 2014 and December 23, 2014 and a public hearing was held. Upon motion of Alderman Johnson, seconded by Alderman Shabazz and unanimously carried the ordinance adopting the districts was adopted and approved by the Mayor and Alderman of the City of Savannah on January 8, 2015.

I, Dyanne C. Reese, Clerk of Council for The Mayor and Aldermen of the City of Savannah, do hereby certify the above to be a true excerpt of the minutes of the meeting of Savannah City Council on January 8, 2015.

Signed and sealed, January 13, 2015 [SEAL]

s/ DYANNE C. REESE Dyanne C. Reese, MMC, Clerk of Council City of Savannah

LEGAL NOTICE

Notice is hereby given that the Mayor and Alderman of the City of Savannah will consider an Ordinance proposed pursuant to O.C.G.A. 36-35-3 to amend the Charter of the City of Savannah to Reapportion the Election Districts from which Members of the Municipal Governing Bodies are elected.

The Amendment will be considered at the meeting of Council December 23, 2014, at 2:00 p.m. in the Council Chambers at City Hall and further considered for final adoption at the next regular meeting on January 8, 2015.

A copy of the proposed Ordinance is on file in the Office of the Clerk of Council and the Office of the Clerk of Superior Court of Chatham County, Georgia, for the purpose of examination and inspection by the public.

Dyanne C. Reese Clerk of Council ________________________________________________________________________

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INSERT DATES:

December 9, 2014 December 16, 2014 December 23, 2014

STATE OF GEORGIA COUNTY OF CHATHAM

AFFIDAVIT OF PUBLICATION SAVANNAH MORNING NEWS

Personally appeared before me, Alaina Fincher, to me known, who being sworn, deposes and says:
That he/she is the authorized agent of Southeastern Newspapers Company, LLC d.b.a. Savannah Morning News, a Georgia corporation, doing business in Chatham County, Georgia as a daily newspaper published in said county;
That he/she is authorized to make affidavits of publication on behalf of said company; That said newspaper is of general circulation in said county and in the area adjacent thereto; That said newspaper is the legal organ for publication in Chatham County, Georgia That he/she has reviewed the regular editions of the Savannah Morning News, published on:

Dec 9, 2014 Dec 16, 2014, Dec 23, 2014, ______, 2014, and finds that the following advertisement, to-wit:

PUBLIC NOTICE

Notice is hereby given that the Mayor and Alderman of the City of Savannah will consider an Ordinance proposed pursuant to O.C.G.A. 36-35-3 to amend the Charter of the City of Savannah to Reapportion the Election Districts from which Members of the Municipal Governing Bodies are elected.

The Amendment will be considered at the meeting of Council December 23, 2014, at 2:00 p.m. in the Council Chambers at City Hall and further considered for final adoption at the next regular meeting on January 8, 2015.

A copy of the proposed Ordinance is on file in the Office of the Clerk of Council and the Office of the Clerk of Superior Court of Chatham County, Georgia, for the purpose of examination and inspection by the public.

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MUNICIPAL HOME RULE ORDINANCES

Dyanne C. Reese Clerk of Council

INSERT DATES: December 9, 2014 December 16, 2014 December 23, 2014

INVOICE DESCRIPTION: 14-514-101-0115-51220

s/ ALAINA FINCHER (Deponent)

appeared in each of said editions.

Sworn to and subscribed before me

This 23 day of Dec, 2014

s/ EUGENE J. CRONK Notary Public; Chatham County, Ga. EUGENE J. CRONK Notary Public, Chatham County GA My Commission Expires Jan. 24, 2018

Filed in the Office of the Secretary of State February 6, 2015. __________

CITY OF McCAYSVILLE ) COMPILATION OF ORDINANCES.

First Read: 9-9-2014 Second Read: 10-14-2014

CHARTER AMENDMENT

AN ORDINANCE OF THE McCAYSVILLE, GEORGIA CITY COUNCIL TO AMEND THE CITY CHARTER SECTION 2.26 AND OTHER PURPOSES

NOW BE IT AND IT IS HEREBY ORDAINED by the Mayor and City Council of the City of McCaysville, that the Code of Ordinances, City of McCaysville, Georgia and McCaysville City Charter, Section 2.Government Structure is hereby amended as follows:

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That the McCaysville City Charter Chapter 2 Government Structure. Section 2.26. Signing; authenticating; recording; codification; printing. Paragraph (b) is hereby amended by deleting said paragraph (b) in its entirety and replacing it as follows:

"(b) The city council shall provide for the preparation of a general compilation of all the ordinances of the city having the force and effect of law. The general compilation shall be adopted by the city council by ordinance and shall be published promptly, together with all amendment 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 McCaysville, 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."

Repealer

Any ordinance in conflict with this ordinance is hereby repealed, provided that the adoption of this ordinance shall not prevent or affect the validity of the City's prosecution of ordinance violations occurring prior to the adoption of this ordinance.

BE IT AND IT IS HEREBY ORDAINED

ADOPTED this 14th day of OCTOBER, 2014.

CITY COUNCIL of the CITY OF McCAYSVILLE, A Municipality of the State of Georgia

COUNCIL MEMBERS:

s/ THOMAS SEABOLT

s/ LARRY L. COLLIS

s/ RICHARD M. WAGNER

s/ TOMMY QUINTRELL

s/ RUSTY WHITTENBARGER

__________________________

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MUNICIPAL HOME RULE ORDINANCES

Attest: s/ NANCY GODFREY Nancy Godfrey, City Clerk

CERTIFICATE OF TRUE COPY STATE OF GEORGIA COUNTY OF FANNIN

CITY OF McCAYSVILLE, GEORGIA

I, Nancy G. Godfrey, Certified Municipal Clerk and Notary Public, do hereby certify that the Foregoing is a true and correct copy of the originals as appears on record in this office.

I have made the foregoing copy of:

Charter Amendment Affidavit of Publication

This 4th day of February, 2015.

Affixed by seal and my signature.

s/ NANCY G. GODFREY Nancy G. Godfrey Certified Municipal Clerk Notary Public City of McCaysville, Georgia (Notary Seal)

AFFIDAVIT OF PUBLICATION

STATE OF GEORGIA COUNTY OF FANNIN

I, Brian K. Finnicum, do solemnly swear that I am the Editor of The News Observer, published at Blue Ridge, Georgia, and that from my personal knowledge, Notice, City of McCaysville proposed ordinance for Charter Section 2.26, was inserted in The News Observer on the dates of Aug. 27, Sept. 3, 24, Oct. 1-8, 2014.

s/ BRIAN K. FINNICUM, Agent

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4645

Subscribed and sworn to before me,

This the 22nd day of October, 2014

s/ BRIANNE W. COLLAR Notary Public (Notary Seal)

CITY OF McCAYSVILLE

NOTICE

The City of McCaysville, Georgia, is considering a proposed ordinance to amend the City Charter Section 2.26 paragraph (b) governing the compilation of ordinances.
The proposed amendment would replace the word codification with compilation and allow the city to do a compilation of the ordinances instead of a codification. A copy of the proposed ordinance is available at the Superior Court of Fannin County and the McCaysville City Clerk for the purpose of examination and inspection by the public.
There will be two readings of this ordinance on September 9, 2014 & October 14, 2014, at 7 p.m., in the City Hall of McCaysville, Georgia with a final public hearing of this ordinance being held on October 14, 2014.

Filed in the Office of the Secretary of State March 16, 2015. __________

CITY OF ATLANTA ) PUBLIC INFRASTRUCTURE; BUDGETING.

AN ORDINANCE BY

14-0-1513

COUNCILMEMBERS HOWARD SHOOK, JOYCE SHEPERD, KEISHA LANCE

BOTTOMS, ALEX WAN, IVORY L. YOUNG, JR., C.T. MARTIN, CARLA SMITH,

KWANZA HALL, FELICIA A. MOORE, YOLANDA ADREAN, MARY NORWOOD,

MICHAEL J. BOND & ANDRE DICKENS

AS SUBSTITUTED BY FULL COUNCIL

AN ORDINANCE AMENDING CHARTER SUBPART A, ARTICLE 6, CHAPTER 3, SECTION 6-315 (b) OF THE CITY OF ATLANTA CODE OF ORDINANCES TO ADD A NEW PARAGRAPH (3) TO CREATE A PUBLIC INFRASTRUCTURE MAINTENANCE AND IMPROVEMENT ACCOUNT FOR THE PURPOSE OF APPROPRIATING THREE AND ONE-HALF PERCENT (3.5%) OF THE CITY OF ATLANTA GENERAL FUND BUDGET TO BE PHASED IN OVER A FIVE YEAR

4646

MUNICIPAL HOME RULE ORDINANCES

PERIOD AT THE BEGININNING OF EACH FISCAL YEAR TO ENSURE ADEQUATE ANNUAL FUNDING FOR ROUTINE MAINTENANCE, REPAIR, AND REPLACEMENT OF PUBLIC INFRASTRUCTURE; AND FOR OTHER PURPOSES.

WHEREAS, the City of Atlanta ("City") is responsible for maintaining its streets, sidewalks, curbs, gutters, bridges and other areas of the public right-of-way (collectively known as "Public Infrastructure") for the benefit of its residents and visitors; and

WHEREAS, the City currently faces a Public Infrastructure maintenance backlog of more than $900 million; and

WHEREAS, in order to begin improving the City's Public Infrastructure, the City finds it desirable to begin addressing critical needs such as repairing and/or replacing damaged sidewalks and aging streets; and

WHEREAS, the City desires to amend the Code by adding a new paragraph (3) to Subsection (b) of Section 6-315 to direct appropriate levels of funding to Public Infrastructure maintenance by setting aside three and one-half percent (3.5%) of the City of Atlanta general fund budget to be phased in over a five year period at the beginning of each fiscal year to ensure adequate annual funding for routine maintenance, repair, replacement of Public Infrastructure: one and one-half percent (1.5%) for FY2016; two percent (2%) for FY2017, two and one-half percent (2.5%) for FY2018, three percent (3%) for FY2019, and three and one-half percent (3.5%) for FY2020.

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA, as follows:

SECTION 1: The City of Atlanta Charter Subpart A, Article 6 (entitled "Revenue and Fund Administration"), Chapter 3 (entitled "Fiscal Control"), Section 6-315 (entitled "Fund balance policy") shall be amended by adding a new paragraph (3) to Subsection (b) of Section 6-315, which shall read as follows:

(3) Prior to the fund balance being encumbered for any expenditure in Paragraphs (1) and (a) of this subsection, three and one-half percent (3.5%) of the general fund budget at the beginning of each fiscal year shall be appropriated to ensure adequate annual funding for routine maintenance, repair, and replacement of public infrastructure.

SECTION 2: That all ordinances and parts of ordinances in conflict herewith are hereby repealed for purposes of this ordinance only, and only to the extent of the conflict.

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ADOPTED as amended by the Atlanta City Council APPROVED as per City Charter Section 2-403

FEB 17, 2015 FEB 26, 2015

A true copy,

s/ FARIS WEBB III Deputy Clerk

PUBLISHER'S AFFIDAVIT

MARIE HENDERSON GOGGANS 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: JANUARY 22, JANUARY 29, AND FEBRUARY 05, 2015

s/ MARIE GOGGANS (ACCOUNT EXECUTIVE SIGNATURE)

SWORN TO AND SUBSCRIBED BEFORE ME THIS 20TH DAY OF FEBRUARY, 2015

s/ MICHELLE A. JACKSON (NOTARY SIGNATURE) (Notary Seal)

PUBLIC NOTICE

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an Ordinance (14-O-1513) 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 AMENDING CHARTER SUBPART A, ARTICLE 6, CHAPTER 3, SECTION 6-315 (b) OF THE CITY OF ATLANTA CODE OF ORDINANCES TO ADD A NEW PARAGRAPH (3) TO CREATE A PUBLIC INFRASTRUCTURE MAINTENANCE AND IMPROVEMENT ACCOUNT FOR THE PURPOSE OF

4648

MUNICIPAL HOME RULE ORDINANCES

APPROPRIATING THREE AND ONE-HALF PERCENT (3.5%) OF THE CITY OF ATLANTA GENERAL FUND BUDGET TO BE PHASED IN OVER A FIVE YEAR PERIOD AT THE BEGINNING OF EACH FISCAL YEAR TO ENSURE ADEQUATE ANNUAL FUNDING FOR ROUTINE MAINTENANCE, REPAIR, AND REPLACEMENT OF PUBLIC INFRASTRUCTURE; 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.

PUBLISHER 'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON Re: 2396256

Before me, the undersigned, a Notary Public, this day personally came the undersigned who, being duly sworn, according to law, says she is an agent of ALM Media, LLC., publishers of the Daily Report, the official newspaper published in Atlanta, Ga, in said county and state, and that the publication, of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates:

01/22/2015, 01/29/2015, 02/05/2015

s/ PATRICE GRANT

s/ BRENDA E. COPELAND

Subscribed and sworn to before me this 5th of February, 2015. (Notary Seal)

PUBLIC NOTICE NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF
THE CITY OF ATLANTA

Notice is hereby given that an Ordinance (14-O-1513) 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 AMENDING CHARTER SUBPART A, ARTICLE 6, CHAPTER 3, SECTION 6-315 (b) OF THE CITY OF ATLANTA CODE OF ORDINANCES TO ADD

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A NEW PARAGRAPH (3) TO CREATE A PUBLIC INFRASTRUCTURE MAINTENANCE AND IMPROVEMENT ACCOUNT FOR THE PURPOSE OF APPROPRIATING THREE AND ONE-HALF PERCENT (3.5%) OF THE CITY OF ATLANTA GENERAL FUND BUDGET TO BE PHASED IN OVER A FIVE YEAR PERIOD AT THE BEGINNING OF EACH FISCAL YEAR TO ENSURE ADEQUATE ANNUAL FUNDING FOR ROUTINE MAINTENANCE, REPAIR, AND REPLACEMENT OF PUBLIC INFRASTRUCTURE; 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.

STATE OF GEORGIA COUNTY OF DEKALB

Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of TO CREATE A PUBLIC INFRASTRUCTURE MAINTENANCE AND IMPROVEMENT ACCOUNT was published in said newspaper on the following date(s): 01/22/15, 01/29/15, 02/05/15

s/ CAROLYN JERNIGAN GLENN CAROLYN J. GLENN, PUBLISHER

Sworn to and subscribed before me this 02/05/15.

s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2018 (Notary Seal)

PUBLIC NOTICE NOTICE OF PROPOSED AMENDMENT TO THE
CHARTER OF THE CITY OF ATLANTA Notice is hereby given that an Ordinance (14-O-1513) 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:

4650

MUNICIPAL HOME RULE ORDINANCES

AN ORDINANCE AMENDING CHARTER SUBPART A, ARTICLE 6, CHAPTER 3, SECTION 6-315 (b) OF THE CITY OF ATLANTA CODE OF ORDINANCES TO ADD A NEW PARAGRAPH (3) ++TO CREATE A PUBLIC INFRASTRUCTURE MAINTENANCE AND IMPROVEMENT ACCOUNT++ FOR THE PURPOSE OF APPROPRIATING THREE AND ONE-HALF PERCENT (3.5%) OF THE CITY OF ATLANTA GENERAL FUND BUDGET TO BE PHASED IN OVER A FIVE YEAR PERIOD AT THE BEGINNING OF EACH FISCAL YEAR TO ENSURE ADEQUATE ANNUAL FUNDING FOR ROUTINE MAINTENANCE, REPAIR, AND REPLACEMENT OF PUBLIC INFRASTRUCTURE; 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.

Filed in the Office of the Secretary of State March 9, 2015. __________

CITY OF ALBANY ALBANY UTILITY BOARD; CREATION, POWERS, AND DUTIES

AN ORDINANCE

ENTITLED

15-101

AN ORDINANCE ADOPTED PURSUANT TO THE PROVISIONS OF TITLE 36,

CHAPTER 35 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, AS AMENDED,

AMENDING SECTIONS 26, 34(13) AND 34(13.1) OF THE CHARTER OF THE CITY

OF ALBANY SO AS TO PROVIDE FOR A UTILITY BOARD TO REPLACE WHAT

WAS PREVIOUSLY KNOWN AS THE WATER, GAS AND LIGHT COMMISSION;

PROVIDING FOR THE UTILITY BOARD TO BE KNOWN AS ALBANY UTILITY

BOARD; PROVIDING FOR EXTENSION OF WATER SERVICE, GAS DISTRIBUTION

SERVICE AND ELECTRICITY SERVICE AND OTHER UTILITY SERVICES BEYOND

THE CORPORATE LIMITS OF THE CITY OF ALBANY, AS WELL AS OUTSIDE THE

JURISDICTIONAL LIMITS OF DOUGHERTY COUNTY; REPEALING PRIOR

ORDINANCES AND CHARTER PROVISIONS IN CONFLICT AND FOR OTHER

PURPOSES.

WHEREAS, the City is in the process of combining its utility services including, water services and distribution, gas services and distribution and electric utility services, storm water utility services, solid waste/sewage disposal services, technology and communication services; and

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WHEREAS, amendments to the City's Charter are necessary and proper to obtain the operational benefits/economies that will flow from such a combined operation,

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of Albany, Georgia and it is hereby ordained by authority of same:

SECTION 1. Section 26 of the Charter of the City of Albany is hereby amended by revising Section 26 to read as follows:

Sec. 26. Albany Utility Board.

There shall be an Albany Utility Board of the City (hereinafter sometimes referred to as "Utility Board", of which the Mayor shall be chairperson. The Mayor shall have a voice in all proceedings before the Utility Board, and shall have a vote in each and all matters and proceedings whatsoever, but no veto. In addition to the Mayor, the Utility Board shall consist of four (4) members elected by the Mayor and Board of City Commissioners of the City of Albany from the citizens of Albany to serve two year terms. The members serving on what was formally WG&L will serve the remainder of their present term or until their successors are appointed. Anyone eligible to hold office in the City of Albany shall be eligible to be appointed to the Utility Board. No member of the Utility Board shall sell any goods or services to the Utility Board. The City and the Utility Board, through the City, is authorized to own, use and operate for municipal purposes and for profit a system of waterworks and electric lights and gas works; storm water management, technology and communications (including but not limited to fiber optic cable and other telecommunications), solid waste/sewage disposal. In the event a vacancy occurs on the Utility Board, the City Commission shall elect a person to fill the unexpired term, such vacancy to be filled within fifteen days after the date on which the vacancy occurs.

(1) Oaths; records. The members of the Utility Board shall take and subscribe an oath to faithfully and impartially discharge their duties during their continuance in office, and shall keep a written record in what are commonly called minute books, of the acts and doings of the Utility Board.

(2) Quorum; authority of acts. That a majority of the Utility Board shall constitute a quorum for the transaction of business.

(3) Budget. The Utility Board is authorized, in conjunction with the City's Chief Financial Officer, to set Annual Budgets and establish Financial Policies, Internal Controls and Safeguards for the above described utilities.

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MUNICIPAL HOME RULE ORDINANCES

(4) Authority to set rates; regulations; meters; authority to examine pipes; authority to require cash deposits or surety bond of commercial customers. The Utility Board shall have power to establish a scale of rates for each of the utility services, make and enforce rules for the collection of same, adopt rules and regulations respecting the introduction of utilities into or upon any premises, and from time to time to regulate the use of such utilities in such manner as shall deem to them necessary and proper; and shall have the further power to furnish at cost, place and compel the use of meters and other measurement devices, and prescribed the kind, and make the use of same a condition precedent to furnishing premises with such utilities and to prescribe how and where such measurement devices shall be placed; and City employees of these utilities are hereby authorized and empowered to take all reasonable steps necessary to counter-act any theft or waste thereof. City employees shall have full power to examine all [DESCRIBE EQUIPMENT] connected with said utilities, and for the purpose of ascertaining whether the same are of the character and dimensions and fixed in the same manner directed in the permits issued therefor. In addition the Utility Board may shut off the supply of utilities until the required examination is made, and such alterations and repairs are completed as necessary. And said Utility Board shall have the right and power to adopt rules providing that, when utility measurement device(s) show signs of having been tampered with for the purpose of avoiding or reducing the payment of rates, the consumer or the property owner shall be held responsible on account thereof. The Utility Board has authority to require cash deposits or surety bonds of commercial customers in an amount sufficient in the judgment of the Utility Board to secure payment of amounts which shall from time to time become due from such customers for utilities, and other services, and to refuse service to any such customer failing to make any such cash deposit or surety bond when required. The Utility Board shall have authority to terminate all utility services being supplied to such customer at the premises in question if such cash deposit is not made as required, or if the entity providing the surety bond should cancel same.

(5) Extension of Utility Services Beyond Albany's Corporate Limits as well as Outside Dougherty County. The City of Albany's Utility Board is further authorized to extend its water services and water distribution services and all necessary appurtenances connected therewith, including, the water mains, pipes and appliances of its system of water works, and, also, to erect and maintain pumps, reservoirs, and all necessary appliances by which water is collected and distributed without and beyond the corporate limits of the City, as well as beyond the jurisdictional limits of Dougherty County, all so as to be able to extend its system of water works without and beyond the corporate limits of the City and so as to be able to extend its system of water works beyond the jurisdictional limits of Dougherty County, under such regulations as the Utility Board may prescribe; to purchase such rights of way and easements as are necessary for the aforesaid purpose, or condemn such rights of way or easements under the provisions of section 32 of the charter of the City of Albany

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as it now exists or is hereafter amended, and to classify rates to be charged and to enter into contracts with those desiring such services beyond the corporate limits; and

The City of Albany's Utility Board is further authorized and empowered to extend its gas utility services and gas-distribution system and all necessary appurtenances by which gas is distributed so as to be able to provide gas and gas services without and beyond the corporate limits of the City, as well as beyond the jurisdictional limits of Dougherty County, all so as to be able to extend its system of gas and gas services without and beyond the corporate limits of the City and so as to be able to extend its gas and gas services beyond the jurisdictional limits of Dougherty County, under such provisions and regulations as the Utility Board may prescribe; to purchase such rights of way and easements as are necessary for the aforesaid purpose; or condemn such rights of way or easements under the provisions of section 32 of the charter of the City of Albany as it now exists or is hereafter amended and to classify rates to be charged; and to enter into contracts with those desiring such services beyond the corporate limits; and

The City of Albany's Utility Board is further authorized and empowered to extend its electric services and electrical distribution system, and all necessary appurtenances by which electricity is distributed, without and beyond the corporate limits of the City, as well as beyond the jurisdictional limits of Dougherty County, all so as to be able to extend its electrical distribution system's ability to provide electrical services and electricity beyond the corporate limits of the City, as well as beyond the jurisdictional limits of Dougherty County, under such provisions as the Utility Board may prescribe; to purchase such rights of way and easements as are necessary for the aforesaid purpose, or condemn such rights of way or easements under the provisions of section 32 of the charter of the City of Albany as it now exists or is hereafter amended; classify rates to be charged; and to enter into contracts with those desiring such services beyond the corporate limits; and

The City of Albany's Utility Board is further authorized and empowered to extend its solid waste/sewage services and all necessary appurtenances by which solid waste/sewage services are distributed so as to be able to provide solid waste/sewage services, without and beyond the corporate limits of the City, as well as beyond the jurisdictional limits of Dougherty County, all so as to be able to extend its system of solid waste/sewage services without and beyond the corporate limits of the City as well as beyond the jurisdictional limits of Dougherty County, under such provisions and regulations as the Utility Board may prescribe, and to classify rates to be charged; and to enter into contracts with those desiring such services beyond the corporate limits; and

The City of Albany's Utility Board is further authorized and empowered to extend its technology and communication services and all necessary appurtenances by which technology and communication services are distributed, so as to be able to provide

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technology and communication services without and beyond the corporate limits of the City, as well as beyond the jurisdictional limits of Dougherty County, all so as to be able to extend its system of technology and communication services without and beyond the corporate limits of the City, as well as beyond the jurisdictional limits of Dougherty County, under such provisions and regulations as the Utility Board may prescribe, and to classify rates to be charged; and to enter into contracts with those desiring such services beyond the corporate limits; and

(6) Payment in advance; authority to shut off service; enforcement of payment by execution; etc. In the event a customer moves and takes or seeks to take service at a new location, service may be refused or shut off at the new location for nonpayment of charges for service at the old location. The Utility Board shall have full power and authority to require the payment in advance for the use of said utility services furnished by them in or upon any building, place or premises for nonpayment the Utility Board may shut off the utilities from such building, place or premises; and shall not be compelled to again supply said premises or places with utilities until the arrears with interest thereon, shall be fully paid. In addition to all other methods authorized for the enforcement of the payment of utilities or rents or charges, execution therefor may be issued against the person, firm or corporation actually using or consuming the same, which execution shall be signed by the Mayor to proper authorities and be in the form of, and enforced as executions for city taxes, with the right in the customer to contest by illegality, and such charge or rents shall constitute and be a lien upon all of the property of the customer from the time they became due and such liens shall rank with respect to all other liens next to the city's liens for taxes, and notice of such lien is charged to all persons dealing with said customer, and said lien shall not be divested by any sale of the customer's property.

(7) Compensation. The members of the Utility Board shall receive such compensation for their services as the City Commission may by ordinance prescribe.

(8) Removal. The Mayor and Board of Commissioners of the City of Albany may at any time remove any member of the Utility Board by a vote of four (4) members of the City Commission.

SECTION 3. Section 34-13 of the Charter of the City of Albany is hereby amended by revising Section 34-13 to read as follows:

(13) Waterworks; electric lights; gas works; regulations; extension of water works systems; gas services beyond city limits; electrical distribution system. To own, use and operate for municipal purposes and for profit a system of waterworks and electric lights and gas works; to make rules and regulations regarding the use of the same by the public, and provided by ordinance for the punishment of those who illegally use said water,

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electricity or gas, and who illegally divert same from their proper channels of transmission, or who injure or destroy or permit to be injured or destroyed, any meter, pipe, conduit, wire, line, posts, lamp or other apparatus belonging to the city and its water, gas and electric light utilities, or who prevent an electric or gas or water meter from duly registering the quantity of electricity, gas or water supplied, or in any way interfere with the proper action or just registration, or, without the consent of the city, diverts any electric current, gas or water from its proper channel, or who uses or causes to be used without the consent of the city, any electricity, gas or water distributed by the city.

The City of Albany is further authorized to extend the water mains, pipes and appliances of its system of water works, and, also, to erect and maintain pumps, reservoirs, and all necessary appliances by which water is collected and distributed beyond the corporate limits of the City of Albany, as well as beyond the jurisdictional limits of Dougherty County, under such regulations as the City of Albany's Utility Board may see fit to establish, and to classify rates to be charged in such area beyond the city limits; and to make any contract with respect to and furnish the services of said system to consumers within the corporate limits of the city, as well as consumers in Dougherty County, and consumers beyond the jurisdictional limits of Dougherty County.

The City of Albany is further authorized and empowered to extend the gas distribution system, and to provide gas and gas services and all necessary appurtenances by which gas is distributed, without and beyond the corporate limits of the City of Albany, as well as beyond the jurisdictional limits of Dougherty County, under such provisions and regulations as the City of Albany's Utility Board may prescribe, and to classify rates to be charged in such area beyond the city limits; and to make any contract with respect to and furnish the services of said system to consumers within the corporate limits of the city, as well as consumers in Dougherty County, and consumers beyond the jurisdictional limits of Dougherty County.

The City of Albany is further authorized and empowered to extend its electrical distribution system, and all necessary appurtenances by which electricity is distributed, without and beyond the corporate limits of the City of Albany, as well as beyond the jurisdictional limits of Dougherty County, and to provide service to persons, firms and corporations outside said corporate limits under such provisions as the City of Albany's Utility Board may prescribe; to purchase such rights of way and easements as are necessary for the aforesaid purpose, or condemn such rights of way or easements under the provisions of section 32 of the charter of the City of Albany as it now exists or is hereafter amended; to classify rates to be charged in such area beyond the city limits; and to make such contracts, agreements and arrangements as it deems necessary or desirable for the aforesaid purpose; and to make any contract with respect to and furnish the

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services of said system to consumers within the corporate limits of the city, as well as consumers in Dougherty County, and consumers beyond the jurisdictional limits of Dougherty County

The City of Albany is further authorized and empowered to extend water services, and its water distribution system, and all necessary appurtenances connected therewith, without and beyond the corporate limits of the City of Albany, as well as beyond the jurisdictional limits of Dougherty County, and to provide service to the persons, firms and corporations outside said corporate limits under such provisions as the City of Albany's Utility Board may prescribe; to classify rates to be charged in such areas beyond the city limits; and to make such contracts, agreements and arrangements as it deems necessary or desirable for the aforesaid purpose; and to make any contract with respect to and furnish the services of said system to consumers within the corporate limits of the city, as well as consumers in Dougherty County, and consumers beyond the jurisdictional limits of Dougherty County.

SECTION 4. Section 34(13.1) of the Charter of the City of Albany is hereby amended by revising Section 34(13.1) to read as follows:

(13.1) Telecommunications. The city shall have the power and authority to acquire, own, hold, lease, sell, resell, build, maintain, operate and contract with respect to a telecommunications systems network in order to provide telecommunications services and similar other services, including cable television services (CATV), to establish and charge rates, fees, tolls and charges for the services, facilities or commodities furnished or made available by such undertaking; to interconnect its system or services or both with the systems or services of consumers and other providers, to use telecommunications to respond to community needs, encourage the development of information-based organizations in the City of Albany, Georgia, to finance from time to time any such telecommunications systems through the issuance of revenue bonds as then permitted by the Constitution and laws of the State of Georgia; and to make any contract with respect to and furnish the services of said system to consumers within the corporate limits of the city, as well as consumers in Dougherty County, and consumers beyond the jurisdictional limits of Dougherty County.

SECTION 5. Pursuant to the provisions of 36-35-3 of the Official Code of Georgia Annotated, this Ordinance shall become effectively immediately upon its adoption by the Board of Commissioners of the City of Albany, Georgia at two regularly scheduled consecutive meetings and after compliance with all of the provisions of the Municipal Home Rule Act of 1965, as amended.

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SECTION 6. All Ordinances or parts of Ordinances, and all Charter provisions, or parts of Charter provisions, in conflict herewith are repealed.

s/ DOROTHY HUBBARD MAYOR

ATTEST:

s/ SONJA TOLBERT CITY CLERK

Adopted: 1st reading 12/16/14 2nd reading 1/27/15

Introduced By Commissioner: s/ ROGER MARIETTA Date(s) read: Jan 27, 2015

I do hereby certify that this is a true and correct copy:

s/ SONJA TOLBERT 2/9/15

City Clerk

Date

Albany, GA

Affidavit of Publication

State of Georgia, County of Dougherty

Personally, appeared before the undersigned, an officer, authorized to administer oaths,

Amber Jeffcoat, 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 Intention to Amend

SERVICE BY PUBLICATION, a True Copy of which is affixed hereto, was published in

the Albany Herald in all its editions for

Jan 6, 13, 20

2015

s/ AMBER JEFFCOAT Amber Jeffcoat Classified Manager

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Sworn to and subscribed before me at Albany, Georgia this 3rd Day of February, 2015

s/ VINCENT JORDAN Notary Pubic [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 December 16, 2014, and will be read for final adoption on January 27, 2015, to amend the Charter of the City of Albany, Georgia, which was created by an act amended on August 18, 1923 (Ga. L. 1923, p. 370), as amended, so as to provide for a utility board to replace what was previously known as the Water, Gas & Light Commission and for other purposes.

A copy of this proposed amendment to the Charter of the City of Albany, Georgia is on file in the office of the Clerk of the City of Albany, and is on file in the office of the Clerk of the Superior Courts of Dougherty County, Georgia, for the purpose of examination and inspection by the public, all as required by law.

This 6th day of January, 2015.

C. Nathan Davis City Attorney City of Albany, Georgia

Filed in the Office of the Secretary of the State February 19, 2015. __________

CITY OF DAWSON MUNICIPAL COURT; INDIGENT DEFENSE; PROSECUTOR

ORDINANCE NO. 2015-03

AN ORDINANCE ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1945, O.C.G.A. SEC. 36-35-1 et seq., AMENDING ARTICLE V OF THE

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CHARTER OF THE CITY OF DAWSON SO AS TO AUTHORIZE THE PROVISION OF A SYSTEM OF INDIGENT DEFENSE IN THE MUNICIPAL COURT, AND A PROSECUTOR, AND TO PROVIDE FOR THE FUNDING THEREOF; TO REPEAL PRIOR ORDINANCES AND CHARTER PROVISIONS IN CONFLICT; AND FOR OTHER PURPOSES.

WHEREAS the Constitution of the United States of America as construed by the United States Supreme Court requires that indigent defendants in certain criminal cases in all courts including municipal courts be provided with defense counsel at the expense of the government;

WHEREAS it is necessary to amend the charter of the City of Dawson in order to authorize the implementation of such a system in the municipal court of said city;

WHEREAS The Municipal Home Rule Act of 1945, O.C.G.A Sec.36-35-1, authorizes such amendments to charters, and provides procedures therefor;

NOW, THEREFORE, BE IT ORDAINED by the mayor and council of the City of Dawson, and it is hereby ordained by authority of same:

SECTION 1. Article V of the charter of the City of Dawson is hereby amended by adding a new section to be located and numbered appropriately in said Article of the charter, to read as follows:

Section _______. Authorizing and funding a system of indigent defense and a prosecutor in the municipal court of The City of Dawson.

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 Dawson with violations of ordinances and/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.

SECTION 2. All ordinances and charter provisions in conflict herewith are repealed.

SO ORDAINED THIS 12th day of March, 2015.

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CITY OF DAWSON

[SEAL]

By: s/ CHRISTOPHER WRIGHT Mayor, Christopher Wright

Attest: s/ Sheri L. Howard Clerk, Sheri L. Howard

First Reading: February 12, 2015 Second Reading: March 12, 2015

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF TERRELL

I, the undersigned, do certify that I am the editor and publisher of the Dawson News, a newspaper of general circulation and the legal organ for the City of Dawson, Georgia, and do further certify that the attached Public Notice amending the charter of the City of Dawson by adding a new section Article V authorizing the Mayor and Council to provide a prosecutor and for a system of indigent defense in the municipal court and to provide for the funding thereof in said newspaper on the dates of February 19, 2015, February 26, 2015, and March 5, 2015.

s/ JOHNNY ROUNDTREE EDITOR/PUBLISHER

Sworn to and subscribed before me this 21 day of April, 2015

s/ JANICE FRENCH Notary Public Expires - August 11, 2015 (SEAL)

PUBLIC NOTICE

The City of Dawson is amending the charter of the city by adding a new section to Article V authorizing the mayor and council to provide a prosecutor and for a system of indigent defense in the municipal court and to provide for the funding thereof. A copy of the proposed amendment is on file in the office of the City Clerk and the office of the Clerk of

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the Superior Court for Terrell County for the purpose of examination and inspection by the public.

Filed in the Office of the Secretary of State March 31, 2015. __________