Acts and resolutions of the second session of the 153rd General Assembly of the State of Georgia 2016: volume two

ACTS AND RESOLUTIONS OF THE
SECOND SESSION OF THE 153RD
GENERAL ASSEMBLY
OF THE STATE OF GEORGIA
2016
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Volume Two

COMPILER'S NOTE
General Acts and Resolutions of the 2016 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 2015-2016 and the Appropriations Act for FY 2016-2017 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, 2015, and May 1, 2016, are printed in Volume Two beginning at pages 4245 and 4411, respectively.
There are no numbered pages between page 897, the last page of Volume One, and page 3501, the first page of Volume Two. This allows both volumes to be prepared simultaneously. The only page numbers in the Volume One Appendix will be those appearing in the underlying bills.
Indexes; lists of Acts, Bills, and Resolutions and their Georgia Laws page numbers; material related to courts; population charts; lists of members of the General Assembly; referendum results; and the Governor's veto 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Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.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 2016
TABLE OF CONTENTS
VOLUME ONE
Acts and Resolutions of General Application .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Supplementary Appropriations Act for FY 2015-2016. . . . . . . . . . . . . . . . . . Appendix General Appropriations Act for FY 2016-2017.. . . . . . . . . . . . . . . . . . . . . . . Appendix
VOLUME TWO
Acts and Resolutions of Local Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3501 County and Consolidated Government Home Rule Actions. . . . . . . . . . . . . . . . . . 4245 Municipal Home Rule Actions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4411
VOLUME THREE
Acts by Numbers-Page References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A Bills and Resolutions-Act Number References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4A Index-Tabular.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8A Index-General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36A Population of Georgia Counties-Alphabetically. . . . . . . . . . . . . . . . . . . . . . . . . . . . 87A Population of Georgia Counties-Numerically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91A Population of Municipalities-Alphabetically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96A Population of Municipalities-Numerically.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104A Population of Judicial Circuits.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112A Georgia Senate Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 117A Georgia Senators, Numerically by District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119A Georgia House Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 123A Georgia Representatives, Numerically by District.. . . . . . . . . . . . . . . . . . . . . . . . . 125A Status of Referendum Elections.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135A Vetoes by the Governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 374A State Auditor's Report on Funding of Retirement Bills. . . . . . . . . . . . . . . . . . . . . . 394A Historical List of General Assemblies of the State of Georgia. . . . . . . . . . . . . . . . 396A Legislative Services Committee and Staff.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397A

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FAYETTE COUNTY BOARD OF COMMISSIONERS; REDISTRICTING.

No. 314 (House Bill No. 955).

AN ACT

To amend an Act creating a board of commissioners of Fayette County, approved March 9, 1959 (Ga. L. 1959, p. 2431), as amended, particularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 3399), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for method of election; to provide for the continuation in office of current members; 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 creating a board of commissioners of Fayette County, approved March 9, 1959 (Ga. L. 1959, p. 2431), as amended, particularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 3399), is amended by revising Section 2 to read as follows:

"SECTION 2. (a) The board of commissioners of Fayette County shall consist of five members. For the purpose electing such members, Fayette County shall be divided into five commissioner districts. Districts 1, 2, 3, and 4 shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: FayCCSB-11_6_Mediation-2016 Plan Type: Local Administrator: Fayette User: Gina', and District 5 shall be coterminous with the boundaries of Fayette County.
(b)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a 'VTD' heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia.
(2) Any part of Fayette 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

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which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Fayette 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. (c) There shall be one member of the board from each commissioner district. A commissioner shall reside in the commissioner district such person represents. A candidate shall designate the district from which such candidate offers for election. Beginning with the general election in 2016 and continuing in subsequent elections, members of the board shall be elected by the electors of their respective districts. The election of members of the board shall be conducted in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' (d) 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 Act. 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 Act. (e) The first members of the reconstituted board of commissioners of Fayette County from Commissioner Districts 1, 2, and 5 shall be elected at the general election in November 2016. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (f) The first members of the reconstituted board of commissioners of Fayette County from Commissioner Districts 3 and 4 shall be elected at the 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. (g) Successors to members elected under subsections (e) and (f) of this section shall be elected at the November general election next preceding the expiration of such terms of office and shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (h) Commissioner Districts 1, 2, 3, 4, and 5 as they existed on January 1, 2016, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and, on and after the effective date of this Act, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this section. More specifically, the member of the board serving from Commissioner District 3, as it existed on January 1, 2016, shall be deemed to represent Commissioner District 3, as newly described under this Act on and after the effective date of this Act, until the end of said member's current term, and the member of the board serving from Commissioner

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District 5, as it existed on January 1, 2016, shall be deemed to represent Commissioner District 4, as newly described under this Act on and after the effective date of this Act, until the end of said member's current term."

SECTION 2. The provisions of this Act relating to and necessary for the regular election in 2016 of members of the board of commissioners of Fayette County shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2017.

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

Plan: FayCCSB-11_6_Mediation-2016 Plan Type: Local Administrator: Fayette User: Gina

District 001 Fayette County VTD: 11305 - FAYETTEVILLE WEST 140403: 2009 2011 2012 2013 140404: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1023 1024 1025 1026 1031 1032 1033 1034 1035 1039 1043 1044 1047 VTD: 11308 - MORNING CREEK 140404: 1013 1014 1015 1016 1017 1018 1027 1028 1029 1030 1036 1045 1046 VTD: 11309 - RAREOVER VTD: 11310 - SANDY CREEK 140203: 1052 2000 2001 2002 2003 2004 2005 2006 2009 2010 2011 2014 2015 140204: 2002 2005 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2026 2027 2028 2029 2030 2031 2032 2033 2034 2046 3002 3003 3011 VTD: 11311 - SHAKERAG EAST

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VTD: 11314 - WHITEWATER 140305: 1065 1066 1068 1069 1070 1071 140307: 2015 2016 2017 140405: 1012 1018 VTD: 11316 - MCINTOSH VTD: 11326 - WILLOW POND VTD: 11327 - DOGWOOD VTD: 11335 - SPRING HILL

District 002 Fayette County VTD: 11302 - BROOKS VTD: 11306 - FLINT VTD: 11313 - STARRSMILL VTD: 11314 - WHITEWATER 140404: 2045 2064 140405: 1000 1001 1002 1003 1004 1005 1006 1007 1013 1014 1015 1016 1017 VTD: 11315 - WOOLSEY VTD: 11324 - BANKS VTD: 11325 - HARPS CROSSING VTD: 11328 - OAK RIDGE 140101: 3040 3042 140102: 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2023 2045 VTD: 11329 - JEFF DAVIS 140405: 2000 2001 2002 2003 2004 2005 2021 140406: 1022 1024 1025 1029 1030 140407: 2000 2001 2002 2003 2004 2005 2006 2007 2041 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3012 3013 3014 3016 3017

GEORGIA LAWS 2016 SESSION
VTD: 11330 - MURPHY VTD: 11334 - RISING STAR VTD: 11336 - ANTIOCH
District 003 Fayette County VTD: 11312 - SHAKERAG WEST VTD: 11314 - WHITEWATER 140304: 3013 3019 3020 3021 3023 3025 3062 140305: 1067 140307: 1003 2000 2001 2003 2004 2005 2010 2011 2012 2013 2014 2018 2019 2020 VTD: 11317 - OAK GROVE VTD: 11318 - KEDRON VTD: 11319 - ABERDEEN VTD: 11320 - WINDGATE VTD: 11321 - FLAT CREEK VTD: 11322 - BRAELINN VTD: 11331 - FIELDING RIDGE VTD: 11332 - WILLOWBEND VTD: 11333 - CAMP CREEK
District 004 Fayette County VTD: 11301 - BLACKROCK VTD: 11303 - EUROPE VTD: 11304 - FAYETTEVILLE EAST VTD: 11305 - FAYETTEVILLE WEST 140403: 2003 2004 2005 2006 2007 2008 2010 VTD: 11307 - HOPEFUL VTD: 11308 - MORNING CREEK 140102: 2046 2047 2050 2051 2053 2056 2057 2058 2059 2060 3007 3011 3012 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026

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140403: 1000 1001 1002 1003 1004 1005 1006 2000 2001 2002 3000 3001 3002 3003 3004 VTD: 11310 - SANDY CREEK 140203: 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 1047 1048 1049 1050 1051 1066 1067 140204: 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 2000 2001 2003 2004 2006 2007 2035 2036 3000 3001 VTD: 11323 - KENWOOD VTD: 11328 - OAK RIDGE 140102: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 3000 3001 3002 3003 3004 3005 3006 3008 3009 3010 3013 3014 VTD: 11329 - JEFF DAVIS 140407: 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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of Fayette County, approved March 9, 1959 (Ga. L. 1959, p. 2431), as amended, particularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 3399); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, John Yates, Representative from District 73, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached.

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(2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Fayette Daily News, which is the official organ of Fayette County, on the 6th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ REP JOHN YATES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 9th of February in the year 2016, Before me:

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

Approved March 2, 2016.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

MACON COUNTY JUDGE OF PROBATE COURT TO SERVE AS CHIEF MAGISTRATE.

No. 315 (House Bill No. 794).

AN ACT

To provide that the judge of the Probate Court of Macon County shall also serve as the chief magistrate judge of the Magistrate Court of Macon County on and after January 1, 2017; to provide for the continuation in office and expiration of term of the current chief 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 chief magistrate judge of the Magistrate Court of Macon 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 Macon County shall serve as the chief magistrate judge of the Magistrate Court of Macon County. There shall be no election in 2016 or thereafter for the office of chief magistrate judge of the Magistrate Court of Macon County. The term of office of the judge of the probate court serving as the chief magistrate judge shall be concurrent with the judge of the probate court's term of office.

SECTION 2. The chief magistrate judge of the Magistrate Court of Macon County who was serving as such on January 1, 2016, 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 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 is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to provide that the judge of the Probate Court of Macon County shall also serve as the chief magistrate judge of the Magistrate Court of Macon County on and after January 1, 2017; to provide for the continuation in office and expiration of term of the current chief magistrate judge; to provide for related matters; and for other purposes.

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AFFIDAVIT

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 13, 2016, 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 20th day of January, 2016.

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

Approved March 2, 2016.

__________

HALL COUNTY SCHOOL DISTRICT GAINESVILLE CITY SCHOOL DISTRICT BUFORD CITY SCHOOL DISTRICT DISTRIBUTION OF SALES AND USE TAX FOR EDUCATIONAL PURPOSES.

No. 316 (House Bill No. 782).

AN ACT

To provide for the continuation of an alternative method of distribution of the net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution among the Hall County School District, Gainesville City School District, and Buford City School District; to provide for an effective date, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, the term "ESPLOST V" means the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution and which may be imposed as a result of the referendum held on November 3, 2015. (b) The net proceeds of ESPLOST V shall be distributed among the Hall County School District, Gainesville City School District, and Buford City School District in accordance with the method set forth below:
(1) First, after a sum equaling 1 percent of the amount collected is paid into the general fund of the state treasury, the next $3.2 million of proceeds shall be deposited in an account specified by the Buford City School District. After remittance to the Buford City School District of the aggregate amount of $3.2 million, the escrow agent shall remit all remaining proceeds to the Hall County School District and Gainesville City School District in the manner set forth below; (2) After remittance to the Buford City School District as set forth in paragraph (1) of this subsection, all remaining proceeds received by the escrow agent shall be distributed between the Hall County School District and Gainesville City School District according to the ratio the student enrollment in each school district bears to the total enrollment of such school districts. Student enrollment in each such school district shall be determined in the manner specified in the ESPLOST Law; (3) At the time of the FTE count that immediately precedes the halfway completion of the collection period for sales tax proceeds as authorized by the voters, the percentage of student enrollment of students living in the geographical boundaries of Hall County attending each school district shall be determined using the FTE counts of the Hall County School District and Gainesville City School District and calculating the portion of the FTE count of the Buford City School District attributable to students living in the geographical boundaries of Hall County. The Buford City School District will provide its calculation to the other school districts showing the addresses of the students counted and the corresponding FTE for each student; (4) As of the date of the FTE count described in paragraph (3) of this subsection, a calculation will be made as to the distribution of proceeds that would have been made to the Buford City School District as of the halfway completion date of the collection if distribution had been based solely on student enrollment as defined in the ESPLOST Law but using the FTE count of the Buford City School District determined under paragraph (3) of this subsection. If the amount using this calculation exceeds $1.6 million, the Hall County School District will pay the balance to the Buford City School District and be reimbursed by the Gainesville City School District for its proportionate share based on paragraph (2) of this subsection; provided, however, that in

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no event shall the Buford City School District be required to reimburse any of the original amount distributed to it pursuant to paragraph (1) of this subsection; and (5) As of the end of the collection period for ESPLOST V as authorized by the voters, the calculation described in paragraph (4) of this subsection will be made using the FTE count that immediately precedes the end of the collection period for ESPLOST V as authorized by the voters. If the amount using such calculation is greater than the aggregate amount of the distribution of proceeds to the Buford City School District at that time, the Hall County School District will pay the balance to the Buford City School District and be reimbursed by the Gainesville City School District for its proportionate share based on paragraph (2) of this subsection; provided, however, that in no event shall the Buford City School District be required to reimburse any of the original amount distributed to it pursuant to paragraph (1) of this subsection."

SECTION 2. This Act is enacted pursuant to the specific authority provided for in Article VIII, Section VI, Paragraph IV(g) of the Constitution.

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all distributions made by the Georgia Department of Revenue on or after such effective date pursuant to the filing of the proper distribution certificate.

SECTION 4. This Act shall stand repealed in its entirety at the completion of the distribution of the proceeds of ESPLOST V.

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

Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to provide for the continuation of an alternative method of distribution of the net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution among the Hall County School District, Gainesville City School District, and Buford City School District; and for other purposes.

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AFFIDAVIT

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Rogers, who on oath deposes and says that he is the Representative from District 29 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in The Times which is the official organ of Hall County on January 7, 2016, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CARL ROGERS Carl Rogers Representative, District 29

Sworn to and subscribed before me, this 12th day of January, 2016.

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

Approved March 15, 2016.

__________

CITY OF STOCKBRIDGE MAYOR AND COUNCIL; FILLING OF VACANCIES; MANNER OF ELECTION.

No. 317 (Senate Bill No. 362).

AN ACT

To amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to change provisions relating to the filling of vacancies in the offices of members of the governing authority; to provide for an exception; to provide for the manner of election of members of the governing authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. An Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3766), is amended by revising subsection (b) of Section 2.12 as follows:
"(b) Unless otherwise provided for by O.C.G.A. Section 36-30-13, a vacancy in the office of the mayor or any councilmember shall be filled for the remainder of the unexpired term, if any, as follows:
(1) If the vacancy occurs when six months or more remain in the term of office of the seat vacated, then such vacancy shall be filled for the unexpired term of office at a special election held in accordance with Georgia law; or (2) If the vacancy occurs when fewer than six months remain in the term of office of the seat vacated, then the remaining members of the city governing authority shall, by majority vote of a quorum present and voting, select a qualified person to serve the remainder of the unexpired term. The candidate receiving a majority of the votes cast in a special election under this subsection shall be elected."

SECTION 2. Said Act is further amended by revising Section 2.14 as follows:

"SECTION 2.14. Election of councilmembers by plurality; election of mayor by majority.

(a) Except as provided in subsection (b) of Section 2.12 of this charter, the candidate receiving a plurality of the votes cast for any seat on the city council shall be elected. (b) Notwithstanding the provisions of subsection (a) of this section, the candidate receiving a majority of the votes cast for the office of mayor shall be elected. In the event that no candidate in the election receives a majority of the votes for the office of mayor, then a runoff election between the candidates receiving the two highest numbers of votes shall be conducted in accordance with law."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia, a bill to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991, (Ga. L. 1991, p. 4359), as amended, particularly by an

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Act approved April 19, 2000, (Ga. L. 2000, p. 3766); to provide for related matters; to repeal conflicting laws; and for other purposes.

AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Emanuel Jones, Senator from District 10, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Henry Herald, which is the official organ of Henry County, on the 20th of January in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ EMANUEL JONES Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 10th of February, 2016, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)

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Approved March 31, 2016.

__________

CLAYTON COUNTY COMMUNITY IMPROVEMENT DISTRICTS; PURPOSES; DEFINITIONS; TAXES, FEES, AND ASSESSMENTS; BOUNDARIES; POWERS OF BOARDS.

No. 318 (House Bill No. 807).

AN ACT

To amend an Act creating one or more community improvement districts within Clayton County, approved April 7, 1992 (Ga. L. 1992, p. 5698), so as to change certain provisions relating to the purpose of the Act; to change the definition of the term "electors"; to change the definition of the term "project"; to change certain provisions relating to taxes, fees, and assessments; to change certain provisions relating to boundaries of such districts; to change certain provisions relating to the powers of boards 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 within Clayton County, approved April 7, 1992 (Ga. L. 1992, p. 5698), is amended by revising Section 2 as follows:

"SECTION 2. Purpose.

The purpose of this Act shall be to provide for the creation of one or more community improvement districts within Clayton County and each municipality therein, and such districts shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating each district created hereby, or any supplemental resolution amending same:
(1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Storm water and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation; (6) Terminal and dock facilities and parking facilities; and (7) Such other services and facilities as may be provided for by general law."

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SECTION 2. Said Act is further amended by revising paragraph (7) of Section 3 as follows:
"(7) 'Electors' means the owners of real property within the district which is then subject to taxes, fees, and assessments levied by the board, as appear on the most recent ad valorem real property tax return records of Clayton 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 multiple parcels has one vote, not one vote per parcel. Multiple owners of one parcel have one vote which must be cast by one of their number whom they designate in writing."

SECTION 3. Said Act is further amended by revising paragraph (11) of Section 3 as follows:
"(11) '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 the district, or in another community improvement district immediately adjoining the district as to directly benefit the district, such benefit to be determined by the board, 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, and the creation, provision, enhancement, or supplementing of public services (such as fire, police, or other services), provided that same do not conflict with or duplicate existing public services, all for the essential public purposes set forth in Section 2 of this Act."

SECTION 4. Said Act is further amended by revising subsection (b) of Section 6 as follows:
"(b) The board shall levy the above-provided taxes subsequent to the issuance of the tax digest containing 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."

SECTION 5. Said Act is further amended in Section 7 by adding a new subsection to read as follows:
"(c) The boundaries of a district 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

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(2) The adoption of a resolution consenting to the annexation by the governing authority of Clayton County, if any portion of the district is or is to be in the unincorporated area of Clayton County, and/or the governing authority of such municipalities as may have area within the district immediately before or immediately after the annexation."

SECTION 6. Said Act is further amended in subsection (a) of Section 10 by deleting "and" at the end of paragraph (17), by replacing the period with "; and" at the end of paragraph (18), and by adding a new paragraph to read as follows:
"(19) To create, provide, enhance, or supplement public services such as fire, police, and other such services as may be deemed necessary, provided that said services do not conflict with or duplicate existing Clayton County or municipal corporation services."

SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to amend an Act creating one or more community improvement districts within Clayton County, approved April 7, 1992 (Ga. L. 1992, p. 5698); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Valencia Stovall, Representative from District 74, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Clayton News Daily, which is the official organ of Clayton County, on the 23rd of December in the year 2015; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or

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(ii) During the seven days immediately following the date of publication of such Notice.

s/ VALENCIA STOVALL Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 20th of January in the year 2016, Before me:

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

Approved March 31, 2016.

__________

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

No. 319 (House Bill No. 857).

AN ACT

To provide a homestead exemption from McDuffie County school district ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of that homestead for residents of such school district 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 educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the McDuffie County school district,

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including, but not limited to, any ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (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 McDuffie County school district who is a senior citizen is granted an exemption on such person's homestead from McDuffie County school district ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of that homestead. (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 McDuffie County, 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 McDuffie County, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such person for such exemption. The governing authority of McDuffie County, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the person granted the homestead exemption under subsection (b) of this section occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of McDuffie County, 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 any state ad valorem taxes, county ad valorem taxes for county purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of any other homestead exemption applicable to McDuffie County school district ad valorem taxes for educational purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017.

SECTION 2. The election superintendent of McDuffie County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the McDuffie County school district for approval or rejection. The election superintendent shall conduct that election on the date of the general primary in May, 2016, and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the

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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 McDuffie County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides a homestead exemption from McDuffie County school district ad valorem taxes for educational purposes
( ) NO in the amount of $30,000.00 of the assessed value of that homestead for residents of such school district 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, 2017. 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 McDuffie County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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

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

"Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to provide a homestead exemption from McDuffie County school district ad valorem taxes for educational purposes; and for other purposes."
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Barry Fleming, Representative from District 121, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the McDuffie Progress, which is the official organ of McDuffie County, on the 14th of January in the year 2016; and

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(B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ BARRY FLEMING Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 25th of January, 2016, Before me:

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

Approved March 31, 2016.

__________

WHITFIELD COUNTY COUNTY SURVEYOR; ABOLISH POSITION.

No. 320 (House Bill No. 1029).

AN ACT

To abolish the office of elected county surveyor of Whitfield County; to provide for the appointment of a county surveyor by the governing authority of the county; to provide that the person currently serving as elected county surveyor shall serve the remainder of his or her term; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Pursuant to the authority granted by Code Section 36-7-2.1 of the Official Code of Georgia Annotated, the office of elected county surveyor of Whitfield County is abolished. The governing authority of Whitfield County shall appoint a qualified person to hold the office of county surveyor for a term of one year from the date of appointment. Successors shall also be appointed for terms of one year. Any person appointed county surveyor shall possess the qualifications specified by paragraph (1) of subsection (b) of Code Section 36-7-2 of the Official Code of Georgia Annotated. The person serving as elected county surveyor of Whitfield County on January 1, 2016, shall continue to serve as such until the expiration of the current term to which such person was elected.

SECTION 2. This Act shall become law 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 2016 session of the General Assembly of Georgia a bill to abolish the office of elected county surveyor of Whitfield County; to provide for the appointment of a county surveyor by the governing authority of the county; to provide that person currently serving as elected county surveyor shall serve the remainder of his or her term; to provide for related matters; to provide and effective date; to repeal conflicting laws; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Bruce Broadrick, Representative from District 4, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Daily Citizen, which is the official organ of Whitfield County, on the 9th of February in the year 2016; and

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(B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ BRUCE BROADRICK, SR. Affiant 2/16/16

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 16th of February in the year 2016, Before me:

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

Approved March 31, 2016.

__________

BRUNSWICK-GLYNN COUNTY JOINT WATER AND SEWER COMMISSION IMMUNITY; TERMS OF OFFICE; APPOINTMENT AND ELECTION; COMPENSATION; DISPLAY OF BUDGET; ENFORCEMENT OF ORDINANCES; DONATIONS; HARDSHIP ASSISTANCE; RATES.

No. 321 (House Bill No. 1114).

AN ACT

To amend an Act creating the Brunswick-Glynn County Joint Water and Sewer Commission, approved April 19, 2006 (Ga. L. 2006, p. 3661), as amended, particularly by an Act approved April 11, 2012 (Ga. L. 2012, p. 5287), so as to provide immunity and exemption from liability for the commission; to change provisions relating to the terms of office,

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appointment, and election procedures, including nonpartisan elections, of members of the commission; to provide for notices and hearings regarding stipends of members of the commission; to require display of the commission's operating budget on the commission's website; to authorize enforcement of ordinances; to provide for solicitation and acceptance of donations and administration of same, including separate accounting and expenditure of excess funds; to provide for assistance to customers in financial hardship and low-income customers; to change procedures regarding the setting of customer rates; 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 Brunswick-Glynn County Joint Water and Sewer Commission, approved April 19, 2006 (Ga. L. 2006, p. 3661), as amended, particularly by an Act approved April 11, 2012 (Ga. L. 2012, p. 5287), is amended by revising Section 2 as follows:

"SECTION 2. There is hereby created a body corporate and politic, to be known as the Brunswick-Glynn County Water and Sewer Commission, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the commission and its officers, agents, and employees when in the performance of their public duties or work of the commission, shall in no event be liable for any torts or negligent acts and shall have the same immunity and exemption from liability for torts and negligence as Glynn County and its County Commissioners, nor shall the commission be vicariously liable for any torts committed by its officers, agents, and employees. The commission shall have perpetual existence, and shall be deemed a governmental body within the meaning of the Georgia Revenue Bond Law, Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, specifically under subparagraph (2)(C) of Code Section 36-82-61."

SECTION 2. Said Act is further amended by revising Section 4 as follows:

"SECTION 4. (a) The commission is continued, but shall be constituted as provided in this Act. On and after January 1, 2013, the commission shall consist of seven members as provided for in this Act. (b) The governing authorities of the county and the city shall each appoint one of their members to the commission. The initial term of the member appointed by the city and the member appointed by the county shall be for a period of one year beginning January 1, 2013, and until their respective successors are selected and qualified, and all succeeding

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terms shall be for a period of two years and until their respective successors are selected and qualified, except that no member appointed to one of these two positions or their successors in office shall serve beyond their term in office as a member of the respective appointing body. There shall be no limit to the number of terms a person may serve as a member of the commission. (c) Those persons serving as members of the commission on January 1, 2016, and any person filling a vacancy in such office shall continue to serve the remainder of their terms and until their respective successors shall be appointed and qualified. (d) Five citizen members shall serve on the commission. The grand jury of Glynn County shall select and name three citizens to serve on the commission as provided by this Act. Citizen 1 and Citizen 3 appointed by the grand jury shall serve for a period of one year beginning January 1, 2013, and until their respective successors are appointed and qualified. Succeeding terms shall be for a period of two years and until their respective successors are appointed and qualified. Beginning January 1, 2018, Citizen 1 appointed by the grand jury shall serve for a period of four years and until his or her successor is appointed and qualified. Succeeding terms for Citizen 1 shall be for a period of four years and until his or her successor is appointed and qualified. Citizen 2 appointed by the grand jury shall serve for a period of two years beginning January 1, 2013, and until his or her successor is appointed and qualified. Succeeding terms for Citizen 2 shall be for a period of two years and until his or her successor is appointed and qualified. Beginning January 1, 2017, Citizen 2 appointed by the grand jury shall serve for a period of four years and until his or her successor is appointed and qualified. Succeeding terms for Citizen 2 shall be for a period of four years and until his or her successor is appointed and qualified. Beginning January 1, 2020, Citizen 3 appointed by the grand jury shall serve for a period of four years and until his or her successor is appointed and qualified. Succeeding terms for Citizen 3 shall be for a period of four years and until his or her successor is appointed and qualified. All grand jury appointments taking office on or after January 1, 2017, shall serve terms of four years and until his or her successor is appointed and qualified. Successors in office to the original three citizen members shall be selected in the same manner by the grand jury then sitting. The grand jury shall seek applications from residents of the city or county and select the citizen members from these applicants. The citizens shall be selected, if such persons apply for commission membership, from individuals possessing specialized engineering, finance, or related business education or experience, including, but not limited to, accounting, public relations, or other experience or education relating to the operation of a water and sewer authority, industrial management, or related business. (e) Prior to making appointments, the grand jury shall cause to be advertised citizen positions on the commission setting forth the qualifications and application process. The grand jury shall set a date certain to receive the applications and conduct interviews within 30 days of such advertisement. The grand jury shall accept applications, conduct interviews, verify applicants' information, and make selections no later than 90 days after the initial advertisement. Prior to final membership selection, the grand jury shall also set

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a date and time for public comment and the grand jury may consider comments from private citizens at such public hearings. The first appointees shall begin their terms on January 1, 2013, and thereafter such selections shall be made no later than the second Monday of December and each appointee's term shall begin the following January of each year. (f) The two additional members of the commission, Citizen 4 and Citizen 5, shall be elected by the qualified electors of the entire county at a special election to be conducted in conjunction with the state-wide general election in 2012. Citizen 4 and Citizen 5 shall be elected for two-year terms of office and until their respective successors are elected and qualified. Such members shall take office on January 1 following their election. (g) Successors to the members elected under subsection (f) of this section shall be elected at the general primary election next preceding the expiration of the term of office for terms of two years and until their respective successors are elected and qualified. A run-off primary shall be a continuation of the primary election. Commencing with the 2016 elections held in conjunction with the general primary election, the term of office of Citizen 4 will be for two years commencing on January 1, 2017, and the term of office of Citizen 5 will be for four years commencing on January 1, 2017. Thereafter, successors in office to Citizen 4 and Citizen 5 will serve four-year terms and until their respective successors are elected and qualified. Such successors to Citizen 4 and Citizen 5 shall take office on January 1 following their election. (h) Each citizen member of the commission shall, prior to his or her taking office, have been a resident of the county for at least 12 months, shall be 21 years of age or older, and shall be registered to vote in this state. (i) Any person desiring to serve in a position on the commission shall either become a candidate for election or an applicant for appointment by the grand jury, but not both, during any year in which a vacancy or vacancies are to be filled. (j) In the event of a vacancy, with the exception of those appointed by the governing authority of the county and city, a member's successor shall be appointed by the grand jury of Glynn County. (k) The commission may declare that any appointed member missing three consecutive meetings of the commission has vacated his or her office. The commission may for good cause shown excuse any absence of an individual member so that it does not count toward this limit. If the commission declares an office vacated, it may request the county or the city, or grand jury as appropriate, to name a successor to serve the balance of that former member's term. Within 30 days of receiving such a request, the governing commission of the county or the city or the grand jury shall appoint a successor. Members of the commission shall be officers of the commission when performing the functions of those offices and those members appointed from the city or county shall not be deemed to be officers of the city or county. (l) Except for those members appointed under subsection (b) of this section, all members shall be paid a monthly stipend of $500.00 and shall be reimbursed for their actual

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expenses necessarily incurred in the performance of their duties, including mileage reimbursed at the standard business mileage rate as determined by the Internal Revenue Service and adopted by the commission. Commencing on January 1, 2016, the commission shall evaluate the appropriateness of the commissioners' stipends and expense reimbursement rates. Following this evaluation, the commission is authorized to fix the stipends and expenses of the commissioners, except those members appointed under subsection (b) of this section, at any properly noticed, regularly scheduled commission meeting following the notices and public hearing outlined in this section, and subject to the following conditions:
(1) Any change in stipend or expense reimbursements shall not be effective until the first day of January of the year following the next general election held after the date on which the action to change the stipend and expense reimbursement rates was taken; (2) Any increase in stipend, salary, and expense reimbursement rates pursuant to this subsection shall not be effective until approved by local act of the General Assembly; (3) The commission shall take no action to change the stipend or expense reimbursement rates of commissioners until notice of intent to change stipend and expense reimbursement rates and the fiscal impact of such action has been published in a newspaper designated as the legal organ of the county at least once a week for three consecutive weeks immediately preceding the public hearing outlined in this section; (4) The commission shall conduct a public hearing within the territory of Glynn County prior to approving any such change in stipend and expense reimbursement rates; (5) Notice of the public hearing required by this section shall specify the date, time, location, and subject matter thereof, and be published along with the notice of intent to change stipend and expense reimbursement rates in a newspaper designated as the legal organ of the county at least once a week for three consecutive weeks immediately preceding the public hearing; and (6) Action to approve any increase in stipend and expense reimbursement rates shall not be taken during the period of time beginning with the date that candidates for election as members of the commission may first qualify as such candidates and ending with the first day of January following the date of qualification. (m) A quorum of the members of the commission shall be required to transact any business. Five members of the commission shall constitute a quorum. Meetings of the commission shall be conducted in accordance with Robert's Rules of Order. (n) The commission shall elect a chairperson from its members to serve a one-year term. There shall be no limit to the number of terms, consecutive or otherwise, that the chairperson may serve."

SECTION 3. Said Act is further amended by revising Section 7 as follows:

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"SECTION 7. After holding a public hearing regarding and prior to entering into an operational agreement with the city and county to operate the unified system and subsequently entering into such an agreement, the commission shall have the following powers and duties:
(1) To have a seal and to alter same at its pleasure; (2) To operate a water and sewer system or systems including a unified water and sewer system utilizing the systems and assets of both the county and the city water and sewer systems and to provide water and sewer services to all citizens and customers in the county and the city and to citizens and customers in either political subdivision. The commission shall operate its system or systems in conformity with all applicable regulations, licenses, and permits and shall be liable to pay any fines or assessments resulting from failure to conform to the same; (3) To acquire by purchase, lease, gift, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (4) To acquire real or personal property in its own name by purchase, lease, exchange, gift, or otherwise on such terms and conditions and in such a manner as it may deem proper, 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 commission, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists unless at the time such property is so acquired a sufficient sum of money shall be deposited in trust to pay and reduce the face value of such lien or encumbrance; (5) To appoint, select, and employ such officers, agents, and employees as shall be necessary in the judgment of the commission to accomplish the purposes of the commission, including accountants, auditors, attorneys, consulting engineers, and other professionals; to fix their respective compensation; and to provide for pension and retirement plans for these officers, agents, and employees. After the commission enters into an agreement to operate the unified system, existing water and sewer employees of the county and the city and former employees of the county who are employees of the company operating the county's water and sewer system shall be offered employment with the commission. The position offered to such persons and the terms of compensation are entirely within the discretion of the commission; (6) To formulate and adopt an annual operating budget of all its revenues and expenses and, upon adoption, display it for viewing on the commission's website; (7) 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,

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leases, or agreements with the commission upon such terms and for such purposes as they deem advisable; (8) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in this Act and to pay the cost of the project in whole or in part from the proceeds of revenue bonds of the commission 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 political subdivision, agency, or instrumentality thereof; (9) To borrow money for any of its corporate purposes and to issue revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and approve, execute, and deliver appropriate evidence of such indebtedness, provided no such power is in conflict with the Constitution or general laws of this state; (11) To enter into an operational agreement with the county and the city detailing the power of the commission to operate the unified system and the rights of the county, the city, and the commission during the period of such operation. The term of such agreement shall not exceed 50 years; (12) To be liable for payment of all charges and expenses of operating the unified system and to receive all income from the operation of the unified system, except that the county and the city shall continue to receive income necessary to retire any existing indebtedness of their systems; (13) To prescribe, fix, and collect rates, fees, tolls, charges, or penalties, and to revise from time to time and collect such rates, fees, tolls, charges, or penalties provided that such rates, fees, tolls, charges, or penalties shall be calculated to cover only the cost of providing services; to provide capital to expand facilities; to maintain, replace, or expand existing facilities; to provide a reasonable reserve for operations; to fund bond sinking funds; or to fund sinking funds for other debt of the county or the city incurred to provide capital portions of their water or sewer system; to enforce the City of Brunswick Water and Sewer Ordinances and Glynn County Water and Sewer Ordinances as outlined in such ordinances. The commission shall not operate the unified system at a profit; (14) To accept grants of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof upon terms and conditions as the United States of America or such agency or instrumentality may impose; (15) To accept grants of money, materials, or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose;

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(16) To accept grants of money, materials, or property of any kind from the city, the county, or any agency or instrumentality thereof upon terms and conditions as the city, the county, or such agency or instrumentality may impose; (17) To accept grants of money, materials, or property of any kind from any other source, private or public, provided that such grant or gift is not encumbered with any terms or conditions; (18) To solicit and accept donations, contributions, and gifts of money from any source including, but not limited to, current customers for the following purposes:
(A) To provide assistance in bill paying to residential customers in times of financial hardship (hereinafter 'Group 1') as determined by a third-party administrator; (B) To provide assistance in bill paying to low-income residential customers (hereinafter 'Group 2') as determined by a third-party administrator; (C) To enable Group 1 and Group 2 customers to receive water and waste-water services of the commission by whatever means necessary to effectuate efficiency and retain integrity in the delivery system of such services, including, but not limited to, repair and replacement of the customer's infrastructure; and (D) To obtain or maintain water or waste-water service for Group 1 and Group 2 customers who have been unable to do so; (19) To create a separate interest-bearing account (hereinafter 'service fund') to accomplish the purposes set forth in paragraph (18) of this section; interest earned on moneys in the fund shall accrue to the benefit of the commission; distribution of the funds may be through a state sponsored agency or through an independent entity selected by the commission using a public bid process, and as provided for in paragraph (21) of this section; (20) To contribute to the service fund in such amounts as the commission deems to be in the public interest; (21) To utilize excess moneys from the service fund in low-income neighborhoods as determined by the commission for the repair and replacement of public infrastructure and appurtenances thereto; for purposes of this paragraph, 'excess moneys' means any amounts remaining uncommitted in the service fund at the end of a fiscal year in excess of $3 million; (22) To insure its interest and the interest of the county and the city or any other entity with which it contracts in all assets leased or utilized by it; and (23) To do all things necessary or convenient to carry out the powers and duties expressly given in this Act."

SECTION 4. Said Act is further amended by revising Section 7A as follows:

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"SECTION 7A. The commission shall not approve any increase in the variable rates to customers for water or sewer system services except after notices and hearings as required by this section. The commission shall conduct two public hearings within the territory of Glynn County prior to approving any such increase, with one hearing conducted at a location on the mainland and one hearing conducted on Saint Simons Island. Notice of such hearings, specifying the dates, times, locations, and subject matter thereof, shall be published in the legal organ of Glynn County not more than 20 days or less than ten days prior to the date of the hearings and posted on the commission's website. The notice shall also be a prominently displayed advertisement or news article or placed in that section of the newspaper where legal notices appear. The contents of such notice shall also be included at least once in bills for service to those persons who are water or sewer service customers of the commission, at least one and not more than two billing cycles prior to the date of the first hearing. The notices published in the legal organ and included in customers' bills shall include a financial justification for any such proposed increase, with five-year projections of future operating revenues and expenses with and without such proposed increase, along with a history of the dates and amounts of any changes in customer rates, fees, tolls, or other charges previously approved by the commission during the five-year period immediately preceding the effective date of the proposed increase."

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

Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to amend an Act creating the Brunswick-Glynn County Joint Water and Sewer Commission, approved April 19, 2006 (Ga. L. 2006, p. 3661), as amended; particularly by an Act approved April 11, 2012 (Ga. L. 2012, p. 5287); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Jeff Jones, Representative from District 167, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:

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(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Brunswick News, which is the official organ of Glynn County, on the 25th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ JEFF JONES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 2nd of March, 2016, Before me:

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

Approved March 31, 2016.

__________

WAYCROSS AND WARE COUNTY DEVELOPMENT AUTHORITY COMPOSITION, QUALIFICATIONS, APPOINTMENT, FILLING OF VACANCIES, TERMS AND LIMITS, OFFICERS, AND COMPENSATION.

No. 322 (House Bill No. 1108).

AN ACT

To amend an Act to create the Waycross and Ware County Development Authority, approved March 7, 1955 (Ga. L. 1955, p. 2840), as amended, so as to provide for the

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composition, qualifications, appointment, filling of vacancies, terms and limits thereon, officers, and compensation; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to create the Waycross and Ware County Development Authority, approved March 7, 1955 (Ga. L. 1955, p. 2840), as amended, is amended by revising Section 2 as follows:

"SECTION 2. There is hereby created a body corporate and politic to be known as the 'Waycross and Ware County Development Authority' which shall be deemed to be an instrumentality 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, plead and be impleaded, and complain and defend in all courts of law and equity. The authority shall consist of eight members who shall be residents of Ware County within or without the corporate limits of the City of Waycross, and not less than 30 years of age at the time of appointment. In making the appointments of the appointed members of the authority, not more than one member shall be selected from any one family, partnership, or other business organization and no appointed member shall be a member of the Ware County Board of Commissioners nor a member of the Commission of the City of Waycross. The members shall be selected in the following manner: Immediately after the approval of this Act, the Commissioners of Ware County and the Commission of the City of Waycross shall each appoint three members of the authority. For the first appointments, the county and the city shall each appoint one person for one year, one for two years, and one for three years. Thereafter, all terms and appointments, except in the case of a vacancy, shall be for four years. In the event any vacancy occurs in the members appointed by the Commissioners of Ware County, the Commissioners of Ware County shall fill by appointment such vacancy for the unexpired term. In the event any vacancy occurs in the members appointed by the Commission of the City of Waycross, the Commission of the City of Waycross shall fill by appointment such vacancy for the unexpired term. A member who has served a full four-year term shall not be eligible for reappointment until the lapse of one year after the expiration of his or her four-year term. The remaining two members shall be the chairperson of the Ware County Board of Commissioners or his or her designee and the mayor of the City of Waycross or his or her designee. The authority shall elect a chairperson, vice chairperson, and a secretary-treasurer, or a secretary and a treasurer. Neither the secretary nor the treasurer shall be required to be a member of the authority. The members of the authority shall be entitled to no compensation. However, all members shall be reimbursed for actual expenses incurred in the performance of their duties."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to amend an Act to create the Waycross and Ware County Development Authority, approved March 7, 1955 (Ga. L. 1955, p. 2840), as amended, so as to provide for the composition, qualifications, appointment, filling of vacancies, terms and limits thereon, officers, and compensation; to provide for related matters; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Jason Shaw, Representative from District 176, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Waycross Journal-Herald, which is the official organ of Ware County, on the 27th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ JASON SHAW Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 29th of February, 2016, Before me:

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

Approved April 11, 2016.

__________

CANDLER COUNTY ADDITIONAL AD VALOREM TAX FOR CANDLER COUNTY HOSPITAL AUTHORITY; ADVISORY REFERENDUM.

No. 324 (House Bill No. 1018).

AN ACT

To provide for a nonbinding, advisory referendum for the purpose of ascertaining whether the Candler County Board of Commissioners should levy an additional ad valorem tax for the purpose of realizing additional tax revenue to provide payment for the Candler County Hospital Authority's services and facilities; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) It is the purpose of this Act to provide for a nonbinding, advisory referendum for the purpose of ascertaining whether the Candler County Board of Commissioners should levy an additional ad valorem tax for the purpose of realizing additional tax revenue to provide payment for the Candler County Hospital Authority's services and facilities. (b) It is found, determined, and declared that the holding of the nonbinding, advisory referendum provided for in this Act is:
(1) In all respects for the benefit of the people of Candler County; (2) A public purpose; and (3) An essential governmental function for which public funds may be expended.

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SECTION 2. The election superintendent of Candler County shall call and conduct a nonbinding, advisory referendum election as provided in this section for the purpose of submitting a question to the electors of Candler County to determine whether a majority of said electors want the Candler County Board of Commissioners to levy an additional ad valorem tax to provide payment for Candler County Hospital Authority's services and facilities. The election superintendent shall decide in accordance with Georgia election law the date on which the nonbinding, advisory referendum election shall be held 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 Candler County. The ballot shall have written or printed thereon the words:
"NONBINDING ADVISORY REFERENDUM Question 1

( ) YES ( ) NO

Should the Candler County Board of Commissioners levy an ad valorem tax of up to two mills in addition to the one already being levied for the purpose of realizing tax revenues to provide payment for Candler County Hospital Authority's services and facilities and to retire hospital debt?"

All persons desiring to vote for approval of the question shall vote "Yes," and all persons

desiring to vote for rejection of the question shall vote "No." The expense of such election

shall be borne by Candler County. It shall be the election superintendent's duty to certify the

result thereof to the Secretary of State.

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

Notice of Intention to Introduce Local Legislation
Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to provide a nonbinding, advisory referendum for the purpose of ascertaining whether the Candler County Board of Commissioners should levy an additional ad valorem tax for the purpose of realizing additional tax revenue to provide payment for the Candler County Hospital Authority's services and facilities; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Butch Parrish, Representative from District 158, state on oath as follows:

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(1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Metter Advertiser, which is the official organ of Candler County, on the 10th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ BUTCH PARRISH Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 15th of February, 2016, Before me:

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

Approved April 11, 2016.

__________

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CITY OF STONECREST INCORPORATION; REFERENDUM.

No. 328 (Senate Bill No. 208).

AN ACT

To incorporate the City of Stonecrest in DeKalb County; to provide for a charter for the City of Stonecrest; 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 the creation of a community improvement district; 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 Stonecrest; 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 Stonecrest, Georgia. The City of Stonecrest, 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 Stonecrest" 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.

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SECTION 1.02. Corporate boundaries.

The boundaries of the City of Stonecrest 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) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this Act. This city shall have all the powers of self-government not otherwise prohibited by this Act or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. These powers shall include, but not be limited to, the following:
(1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades to the extent permitted by general law; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees, franchise 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, franchise 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

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utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (B) The municipality shall have the right to condemn and cause to be remediated or removed any building, structure, or existing condition within its corporate limits that is dangerous to life, limb, or property, by reasons of decay, dilapidation, or unsanitary condition. Nothing in this subparagraph shall be construed to relieve the municipality of any duty to give owners or interested persons reasonable notice and opportunity to remedy the situation. Nothing in this subparagraph shall be construed as relieving the municipality of liability to any interested person for damages to person or property taken or destroyed in furtherance of this subparagraph. This subparagraph shall not be construed as authorizing the doing of any act or thing contrary to the Constitution of this state and the policy of the general laws of this state. The municipality shall have authority to adopt reasonable ordinances and resolutions for the purpose of carrying out this subparagraph; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the enactment of ordinances that preserve and improve air quality, restore and maintain water resources, the control of erosion and sedimentation, manage storm water and establish a storm-water utility, manage solid and hazardous waste, and provide other necessary or beneficial actions for the protection of the environment. These ordinances shall include, without limitation, ordinances that protect, maintain, and enhance the public health, safety, environment, and general welfare and minimize public and private losses due to flood conditions in flood hazard areas, as well as protect the beneficial uses of flood plain areas for water quality protection, stream bank and stream corridor protection, wetlands preservation, and ecological and environmental protection. Such ordinances may require that 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;

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(9) Ethics. To adopt ethics ordinances and regulations governing such things including, but not limited to, the conduct of municipal elected officials, appointed officials, contractors, vendors, and employees; establishing procedures for ethics complaints; and setting forth penalties for violations of such rules and procedures; (10) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and fire detection; 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 this charter and Act of the General Assembly; (16) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; to provide for the use of pretrial diversion and any alternative sentencing allowed by law; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (17) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (18) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices not specified in this charter, commissions, authorities, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same;

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(19) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (20) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (21) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (22) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, storm-water management, gasworks, electricity generating plants, cable television, internet and other telecommunications, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same; (23) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (24) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (25) Planning and zoning. To provide comprehensive city planning for city land use, signage and outside advertising, and development by zoning; and to provide subdivision regulations and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community, provided that the city council shall not have the power to require special land use permits, special exceptions, or special administrative permits for the industrial use of properties within an industrial use zoning district; (26) Police and fire protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a fire-fighting agency; (27) Public hazards; removal. To provide for the destruction and removal of any building or other structure that is or may become dangerous or detrimental to the public; (28) Public improvements. To provide for the acquisition, construction, building, operation, maintenance, or abolition of public ways, parks and playgrounds, recreational facilities, cemeteries, public buildings, libraries, public housing, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside the corporate limits of the city and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (29) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances;

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(30) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (31) Public utilities and services. To grant franchises or make contracts for, or impose taxes on, public utilities, cable companies, and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (32) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (33) Employee benefits. To provide and maintain a retirement plan, insurance, and such other employee benefits for appointed officers and employees of the city as are determined by the city council; (34) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements, subject to referendum; (37) Taxes; ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; provided, however, that:
(A) The millage rate imposed for ad valorem taxes on real property shall not exceed 3.35 unless either (i) the millage rate is increased above such amount by resolution of the city council without voter approval through its exercise of home rule powers, or (ii) a higher limit is recommended by resolution of the city council and approved by a majority of the qualified electors of the City of Stonecrest voting on the issue, provided that the amount of millage associated with general obligation bonds or 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 3.35 limit since such millage is already subject to approval by the electors of the city in a separate referendum; and

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(B) For all years, the fair market value of all property subject to taxation shall be determined according to the tax digest of DeKalb County, as provided in Code Section 48-5-352 of the O.C.G.A.; (38) Taxes: other. To levy and collect such other taxes and fees as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; to inspect 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 Stonecrest Convention and Visitors Bureau created pursuant to Section 1.05 of this charter and to authorize the City of Stonecrest 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 other municipal governments under other laws of the State of Georgia; and any listing of particular powers in this charter shall not be held to be exclusive of others or restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.04. Exercise of powers.

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

SECTION 1.05. Tourism, conventions, and trade shows.

The Stonecrest Convention and Visitors Bureau is hereby created.

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SECTION 1.06. Stonecrest/Lithonia Industrial Park Community Improvement District.

(a) The purpose of this section is to provide for the creation of a community improvement district within the City of Stonecrest subject to the conditions prescribed in Article IX, Section VII, Paragraph III of the Constitution of the State of Georgia. Such district shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating such district, or as may be adopted by resolutions of the majority of the electors and the majority of the equity electors as defined in this section:
(1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Stormwater and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation; (6) Terminal and dock facilities and parking facilities; and (7) Such other services and facilities as may be provided for by general law. (b) Definitions. As used in this section, the term: (1) "Agricultural" means the growing of crops for sale or the raising of animals for sale or use, including the growing of field crops and fruit or nut trees, the raising of livestock or poultry, and the operation of dairies, horse boarding facilities, and riding stables. (2) "Board" means the governing body created for the governance of the community improvement district authorized by this section. (3) "Caucus of electors" means the meeting of electors as provided in this section at which the elected board members of the district are elected or at which the governmental services and facilities to be provided by the district are determined. A quorum at such caucus shall consist of no less than 25 percent of electors and no less than 25 percent of equity electors present in person or proxy, and a majority of those present and voting shall be necessary to take any action. Notice of such meeting shall be given to such electors and equity electors by publishing notice thereof in the legal organ of the City of Stonecrest at least once each week for four weeks prior to such meeting. (4) "Cost of the project" or "cost" of any project means and includes:
(A) All costs of acquisition by purchase or otherwise, construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; (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

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certificates; the cost of preparation of any application therefor; and the cost of all fixtures, machinery, equipment including all transportation equipment and rolling stock, furniture, and other property used in or in connection with or necessary for any project; (C) All financing charges and loan fees and all interest on bonds, notes, or other obligations of a district which accrue or are paid prior to and during the period of construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, architectural, and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuances of any bonds, notes, or other obligations for any project; (G) All expenses of or incidental to determining the feasibility or practicability of any project; (H) All costs of plans and specifications for any project; (I) All costs of title insurance and examinations of title with respect to any project; (J) Repayment of any loans made for the advance payment of any part of the foregoing costs, including interest thereon and any other expenses of such loans; (K) Administrative expenses of the board and such other expenses as may be necessary for or incidental to any project or the financing thereof or the placing of any project in operation; and (L) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the board may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any bonds, notes, or other obligations of the district may be authorized. Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of bonds, notes, or other obligations issued by the district. (5) "District" means the geographical area designated as such by the resolution of the city council consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the city council 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. (6) "Electors" means the owners of real property used nonresidentially within the district which is subject to taxes, fees, and assessments levied by the board, as they appear on the most recent ad valorem real property tax return records of DeKalb County, or one officer or director of a corporate elector, one trustee of a trust which is an elector, one partner of

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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 of their number who is designated in writing. (7) "Equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property", with reference to taxes, fees, and assessments levied by the board, means that the burden of the taxes, fees, and assessments shall be apportioned among the properties subject thereto based upon the values established in the most recent ad valorem tax reassessment of such properties certified by the chairperson of the DeKalb County Board of Tax Assessors, or with respect to fees and assessments may be apportioned among the properties subject thereto in direct or approximate proportion to the receipt of services or benefits derived from the improvements or other activities for which the taxes, fees, or assessments are to be expended, or with respect to fees and assessments may be apportioned in any other manner or combination of manners deemed equitable by the board, including, but not limited to, the recognition of differential benefits which may reasonably be expected to accrue to new land development in contrast to lands and improvements already in existence at the time of creation of the community improvement district. (8) "Equity electors" means electors who cast votes equal to each $1,000.00 in value of all owned real property within the district which is then subject to taxes, fees, and assessments levied by the board. The value of real property shall be the assessed value. In the event the owner shall have multiple owners or be a corporation, trust, partnership, limited liability company, or any other entity, one person shall be designated as elector and such designation shall be made in writing. (9) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree-farming operation. It does not include the casual growing of trees on land otherwise idle or held for investment, even though some harvesting of trees may occur thereon. (10) "Project" means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements, including operation of facilities or other improvements, located or to be located within or otherwise providing service to the district and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement; the creation, provision, enhancement, or supplementing of public services such as fire, police, and other

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services, provided that same do not conflict with or duplicate existing public services; and all for the essential public purposes set forth in subsection (a) of this section. (11) "Property owner" or "owner of real property" means any entity or person shown as a taxpayer for one or more parcels of real estate on the most recent ad valorem tax records of DeKalb County within the district. Ownership as shown by the most recent ad valorem real property tax records of DeKalb County shall be prima-facie proof of ownership. Multiple owners of one parcel shall constitute one property owner and shall designate in writing one of their number to represent the whole. (12) "Property used nonresidentially" means property or any portion thereof used for neighborhood shopping, planned shopping center, general commercial, transient lodging facilities, tourist services, office or institutional, office services, light industry, heavy industry, central business district, parking, or other commercial or business use or vacant land zoned or approved for any of the aforementioned uses which do not include residential. (13) "Residential" means a specific work or improvement undertaken primarily to provide single-family or multifamily dwelling accommodations for persons and families and such community facilities as may be incidental or appurtenant thereto. (14) "Taxpayer" means an entity or person paying ad valorem taxes on real property whether on one or more parcels of property within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole. (c) Creation. Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is created an administrative body being one community improvement district to be located wholly within the City of Stonecrest, to be known as the Stonecrest/Lithonia Industrial Park Community Improvement District, provided that the creation of the community improvement district shall be conditioned upon: (1) The adoption of a resolution consenting to the creation of the community improvement district by the City of Stonecrest city council; and (2) The written consent to the creation of the community improvement district by:
(A) A majority of the owners of real property within the district which will be subject to taxes, fees, and assessments levied by the administrative body of the community improvement district; and (B) The owners of real property within the district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the administrative body of the community improvement district. For this purpose, value shall be determined by the most recent approved DeKalb County ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the tax commissioner of DeKalb County, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each such proposed district.

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Neither the community improvement district nor the administrative body created pursuant to this section shall transact any business or exercise any powers under this section until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State, who shall maintain a record of the district activated under this section, and filed with the Department of Community Affairs. (d) Administration, appointment, and election of the members of the administrative body.
(1) The district created pursuant to this section shall be administered by a board composed of seven board members to be appointed and elected as provided in this section. Two board members shall be appointed by the city council. Two board members shall be elected by the vote of electors, and three members shall be elected by the vote of equity electors. The members representing the electors and equity electors shall be elected to serve in post positions 1 through 5, respectively. Each elected board member shall receive a majority of the votes cast for the post for which he or she is a candidate. Votes for Posts 1 and 2 shall be cast by electors and votes for Posts 3, 4, and 5 shall be cast by equity electors. The initial term of office for the members representing Posts 1 and 4 shall be one year. The initial term of office for the members representing Posts 2 and 5 shall be two years, and the initial term of office of the members representing Post 3 shall be three years. Thereafter, all terms of office for the elected board members shall be for three years. The appointed board members shall serve at the pleasure of the city council. (2) The initial board members to be elected as provided in subsection (a) of this section shall be elected in a caucus of electors which shall be held within 90 days after the adoption of the resolutions and obtaining the written consents herein provided at such time and place within the district as the city council shall designate after notice thereof shall have been given to said electors by publishing same in the legal organ of the City of Stonecrest. Thereafter, there shall be conducted biennially, not later than 60 days following the last day for filing ad valorem real property tax returns in DeKalb County, a caucus of electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those board member positions whose terms expire or are vacant. If a vacancy occurs in an elected position on the board the board shall, within 60 days thereof, call a special election to fill the same to be held within 60 days of the call unless such vacancy occurs within 180 days of the next regularly scheduled election, in which case a special election may, but need not, be called. (3) Board members shall be subject to recall as any other elected public official by the electors defined by this section. (4) Board members shall receive no compensation for their services, but shall be reimbursed for reasonable expenses actually incurred in the performance of their duties. They shall elect one of their number as chairperson and another of their number 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.

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(5) 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. (e) Taxes, fees, and assessments. (1) 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 0.5 percent of the aggregate assessed value of all such real property. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the county or municipality as a whole. Any tax, fee, or assessment so levied shall be collected by DeKalb County in the same manner as taxes, fees, and assessments are levied by DeKalb County. Delinquent taxes shall bear the same interest and penalties as DeKalb County taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 1 percent of such proceeds, but not more than $25,000.00 at any one calendar year, shall be transmitted by DeKalb County to the board and shall be expended by the board only for the purposes authorized by this section. (2) The board shall levy the taxes, fees, and assessments in subsection (a) of this section subsequent to the report of the assessed taxable values for the current calendar year and notify in writing DeKalb County so it may include the levy on its regular ad valorem tax bills. All taxes, fees, and assessments levied by the board and collected by DeKalb County shall be segregated, and neither the City of Stonecrest nor the DeKalb County Tax Commissioner shall expend such funds for any purpose not authorized by the board except as authorized in subsection (a) of this section. (3) If, but for this provision, a parcel of real property is removed from the district or otherwise would become not subject to taxation, it shall continue to bear its tax millage then extant upon such event for bonded indebtedness of the district then outstanding until said bonded indebtedness then outstanding is paid or refunded. (4) Each property owner paying taxes, fees, or assessments levied by the board for any public facility as set forth in subsection (a) of this section may, upon application to the city council, receive a credit equal to the present value of all such taxes, fees, and assessments toward any impact fee as may be levied by the City of Stonecrest against such property for system improvements which are in the same category as said public facility in accordance with Chapter 71 of Title 36 of the O.C.G.A., the "Georgia Development Impact Fee Act."

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Application for such development impact fee credit may be granted by legislative action of the city council in its discretion. (f) Boundaries of the district. (1) The boundaries of the district shall be as designated as such by the city council as set forth in the resolution required in subsection (c) of this section, or as may thereafter be added as provided in this section. (2) The boundaries of the district may be increased after the initial creation of the district pursuant to the following:
(A) Written consent of a majority of the owners of real property within the area sought to be annexed into the district and which will be subject to taxes, fees, and assessments levied by the board of the district; (B) Written consent of owners of real property within the area sought to be annexed into the district which constitutes at least 75 percent by value of the property which will be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest; (C) The adoption of a resolution consenting to the annexation into the district by the board of the district; and (D) The adoption of a resolution consenting to the annexation into the district by the city council. (g) Debt. Except as otherwise provided in this section, each district may incur debt without regard to the requirements of Article IX, Section V of the Constitution of Georgia, or any other provision of law, prohibiting or restricting the borrowing of money or the creation of debt by political subdivisions of the State of Georgia, which debt shall be backed by the full faith and credit and taxing power of the district but shall not be an obligation of the State of Georgia, DeKalb County, the City of Stonecrest, or any other unit of government of the State of Georgia other than the district. (h) Cooperation with the City of Stonecrest. The services and facilities provided pursuant to this section shall be provided for in a cooperation agreement executed jointly by the board and by the City of Stonecrest. The provisions of this section shall in no way limit the authority of the City of Stonecrest to provide services or facilities within the district; and the City of Stonecrest shall retain full and complete authority and control over any of its facilities located within its respective areas of any district. Such control shall include, but not be limited to, the modification of, access to, and degree and type of services provided through or by facilities of the county. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein. (i) Powers. (1) The district and its board created pursuant hereto shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this section, including, without limiting the generality of the foregoing, the power: (A) To bring and defend actions;

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(B) To adopt and amend a corporate seal; (C) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects contracts with respect to the use of projects, and agreements with other jurisdictions of community improvement districts regarding multi-jurisdictional projects or services or for other cooperative endeavors to further the public purposes of the district; (D) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (E) To finance by loan, grant, lease, or otherwise; to construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects; and to pay the cost of any project from the proceeds of the district or any other funds of the district, or from any 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; (F) To borrow money to further or carry out its public purposes and to execute bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its bonds, notes or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing; (G) To issue bonds, notes, or other obligations of the district and use the proceeds for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; (H) To make application directly or indirectly to any federal or county government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the district's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, or county government or agency or other source; (I) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; (J) To contract for any period, not exceeding 50 years, with the State of Georgia, any institution or instrumentality of the State of Georgia, 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 institution or instrumentality of this state or any municipal corporation, county, or political subdivision of this state, or for the use by any institution or instrumentality of this state, any municipal corporation, county, or political subdivision of this state of any facilities or services of the district, provided that such

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contracts shall deal with such activities and transactions as the district and any such political subdivision with which the district contracts are authorized by law to undertake; (K) To receive and use the proceeds of any tax levied by the county to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant hereto; (L) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (M) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be the best advantage of the district and the public purposes thereof; (N) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (O) To encourage and promote the improvement and development of the district and to make, contracts for, or otherwise cause to be made long-range plans or proposals for the district in cooperation with DeKalb County and the City of Stonecrest; (P) To adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (Q) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; (R) To invest its funds, whether derived from the issuance of bonds or otherwise, in such manner as it may deem prudent and appropriate, without further restriction; (S) To create, provide, enhance, or supplement public services such as fire, police, and other such services as may be deemed necessary, provided that said public services do not conflict with or duplicate existing DeKalb County or municipal services; and (T) To do all things necessary or convenient to carry out the powers conferred by this section. (2) The powers enumerated in each subparagraph of paragraph (1) of this subsection are cumulative of and in addition to those powers enumerated in this subsection and elsewhere in this section; and no such power limits or restricts any other power of the board. (3) The powers enumerated in each subparagraph of paragraph (1) of this subsection are conferred for an essential governmental function for a public purpose, and the revenues and debt of any district shall not be subject to taxation. (j) Bonds-Generally. (1) Notes or other obligations issued by a district other than general obligation bonds shall be paid solely from the property pledged to pay such notes or other obligations. General obligation bonds issued by any district shall constitute a general obligation of the district

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to the repayment of which the full faith and credit and taxing power of the district shall be pledged. (2) All bonds, notes, and other obligations of any district shall be authorized by resolution of the board, adopted by a majority vote of the board members at a regular or special meeting. (3) 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. (4) The board shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted by this section. 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. (5) There shall be no limitation upon the interest rates or any maximum interest rate or rates on any bonds, notes, or other obligations of any district, and the usury laws of this state shall not apply to bonds, notes, or other obligations of any district. (6) 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. (7) All bonds issued by a district pursuant to this section shall be issued and validated under and in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Georgia Revenue Bond Law." The signature of the clerk of the Superior Court of DeKalb 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 judgment of validation and shall be received as original evidence in any court in this state. (8) In lieu of specifying the actual rate or rates of interest, the principal amount, and the maturities of such bonds, the notice to the district attorney or the Attorney General; the notice to the public of the time, place, and date of the validation hearing; and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest which may be fixed or may fluctuate or otherwise change from time to time so specified and that the principal amount will not exceed a specified amount and the final maturity date will not be later a date

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specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate which may be fixed or may fluctuate or otherwise change from time to time so specified; provided, however, that nothing in this subsection shall be construed as prohibiting or restricting the right of a board to sell such bonds at a discount, even if in doing so the effective interest cost resulting would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (9) The terms "cost of the project" and "cost of any project" shall have the meaning prescribed in this section whenever those terms are referred to in bond resolutions of a board; in bonds, notes, or other obligations of the district; or in notices or proceedings to validate such bonds, notes, or other obligations of a district. (k) Authorized contents of agreements and instruments; use of proceeds of sale bonds, notes, and other obligations; subsequent issues of obligations. (1) Subject to the limitations and procedures provided by this section and by subsection (j) of this section, the agreements or instruments executed by a board may contain such provisions not inconsistent with law as shall be determined by the board. (2) The proceeds derived from the sale of all bonds, notes, and other obligations issued by a district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted by this section, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with this section. (3) 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. (4) In the event that the district shall be terminated in accordance with this section, the board shall serve until December 31 of the year in which termination shall be approved for the purpose of concluding any ongoing matters and projects, but, if such cannot be concluded by December 31, then the city council shall assume the duties of the administrative board and shall be expressly authorized to exercise the authority of the administrative board. In the alternative, the city council may, by resolution, assume all rights and obligations of the district, either bonds or otherwise, and the district shall cease to exist upon the adoption of such resolution. (l) Construction; applicability of Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Uniform Securities Act of 2008"; notice, proceeding, publication, referendum. This section shall be liberally construed to effect the purposes hereof. The offer, sale, or issuance of bonds, notes, or other obligations by a district shall not be subject to regulation under Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Uniform Securities Act of 2008." No

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notice, proceeding, or publication except those required in this section shall be necessary to the performance of any action authorized hereby, nor shall any such action be subject to referendum. (m) Dissolution.
(1) Any district activated under the provisions of this section may be dissolved. The conditions for such dissolution shall be:
(A) The adoption of a resolution approving of the dissolution of the community improvement district by the city council; and (B) The written consent to the dissolution of the community improvement district by:
(i) Two-thirds of the owners of real property within the district which are subject to taxes, fees, and assessments levied by the board of the district; and (ii) The owners of real property constituting at least 75 percent by value of all real property within the district which are subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this subparagraph shall be submitted to the DeKalb County Tax Commissioner, who shall certify whether divisions (i) and (ii) of this subparagraph have been satisfied with respect to each proposed district dissolution. (2) In the event that successful action is taken pursuant to this subsection 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. (3) 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 subsection (a) of this section, 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 DeKalb County. (4) When a dissolution becomes effective, the City of Stonecrest shall take title to all property previously in the ownership of the district and all taxes, fees, and assessments of the district shall cease to be levied and collected.

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 Stonecrest, except as otherwise specifically provided in this charter, shall be vested in a city council of which the mayor shall be a voting member.

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(b)(1) The city council of Stonecrest, Georgia, shall consist of five members plus the mayor. (2) There shall be five council districts, designated Council Districts 1 through 5, 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 five council districts and shall hold Council District Posts 1, 2, 3, 4, and 5, 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 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 post obtains a majority vote of the qualified electors of the 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 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 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. (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 Posts 1, 3, and 5 shall expire upon the administration of the oath of office to their successors elected in the regular elections held in November, 2017. The terms for the candidates elected for Council District Posts 2 and 4 shall expire upon the administration of the oath of office to their successors elected in the regular elections 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 Stonecrest, with the powers and duties specified herein, shall be elected to a term of four years and until his or her successor is elected and qualified. The mayor shall be elected by a majority vote of the qualified electors of the city at large voting at the elections of the city. In the event that no candidate for mayor obtains a majority vote of the qualified electors of the city at large voting at the elections of the city, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election shall be included in the run-off election and the candidate receiving the highest number of votes in the runoff of the qualified electors of the city at large voting at such runoff shall be elected. The term of the first elected mayor shall expire upon the administration of the oath of office to his or her successor elected in the regular election held in November, 2019, as provided in subsection (b) of Section 2.02 of this charter. Thereafter, the successor to each mayor shall be elected at the November election immediately preceding the end of such mayor's term of

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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 successors. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the City of Stonecrest 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 Stonecrest. 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 in conjunction with the 2016 November general election to elect the first mayor and city council. At such election, the first mayor and council shall be elected to serve for the initial terms of office specified in subsections (d) and (e) of Section 2.01 of this charter. Thereafter, the time for holding regular municipal elections shall be on the Tuesday next following the first Monday in November of each odd-numbered year beginning in 2021. (c) The number of successive terms an individual may hold a position as mayor or as a councilmember shall be unlimited.

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 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 Act or the

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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 Act or the general laws of the State of Georgia. A vacancy in the office of a councilmember shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the mayor shall appoint a successor for the remainder of the term subject to the approval of the city council or those members remaining. This provision shall also apply to a temporary vacancy created by the suspension from office of a councilmember.

SECTION 2.04. Nonpartisan elections.

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

SECTION 2.05. Election votes.

The candidates for mayor and city council who receive a majority vote of the qualified electors of the city pursuant to Section 2.01 of this charter 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 Act, the city council shall, by ordinance or resolution, prescribe such rules and regulations as it deems appropriate including, but not limited to, the establishment of qualifying fees, to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended or otherwise provided by law.

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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 $15,000.00. 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 reasonable expenses actually and necessarily incurred by the mayor and councilmembers in carrying out their duties as elected officials of the city.

SECTION 2.08. Inquiries and investigations.

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

SECTION 2.09. Meetings, oath of office, and mayor pro tempore.

(a) The city council shall meet on the first working day in January immediately following each regular municipal election. The meeting shall be called to order by the mayor-elect and the oath of office shall be administered to the newly elected mayor and councilmembers collectively by a judicial officer authorized to administer oaths. The oath shall, to the extent that it comports with federal and state law, be as follows:
"I do solemnly swear or affirm that I will faithfully execute the office of [councilmember or mayor, as the case may be] of the City of Stonecrest, 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 Stonecrest. 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 Stonecrest 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 Stonecrest to the best of my ability without fear, favor, affection, reward, or expectation thereof."

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(b) Following the induction of the mayor and councilmembers, the city council, by a majority vote of the councilmembers, shall elect a councilmember to be mayor pro tempore, who shall serve for a term of two years and until a successor is elected and qualified. The number of successive terms an individual may hold 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 because of sickness or disqualification, any one of the remaining councilmembers, chosen by a majority of the councilmembers present, shall be clothed with all the rights and privileges of the mayor as described herein and shall perform the mayor's duties in the same manner as the mayor pro tempore. (d) The city council shall, at least once a month, hold regular meetings at such times and places as prescribed by ordinance. The city council may recess any regular meeting and continue such meeting on any day or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (e) Special meetings of the city council may be held on the call of either the mayor and one councilmember or three councilmembers. Notice of such special meetings shall be delivered to all councilmembers, the mayor, and the city manager personally, by registered mail, or by electronic means at least 24 hours in advance of the meeting. Such notice 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 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. Neither any councilmember nor the mayor 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. The mayor and each councilmember when present at a meeting shall have one vote on all matters brought before the council. (b) The following types of actions require an ordinance in order to have the force of law:

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(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 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; (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 by this charter, the city council shall be vested with all the powers of government of the City of Stonecrest 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, policies, 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 Stonecrest and may enforce such ordinances by imposing penalties for violation thereof.

SECTION 2.12. Administrative and service departments.

(a) Except for the office of city manager and the elected positions provided for in this charter, the city council, by ordinance, may establish, abolish, merge, or consolidate offices 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,

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offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and city council.

SECTION 2.13. Prohibitions.

(a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others, except as required by law; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged. "Valuable" shall be an amount determined by the city council; provided, however, that the amount shall not exceed $100.00; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she, or members of his or her immediate family, has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. "Private financial interest" shall include interests of immediate family. The mayor or any

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councilmember who has a private interest in any matter pending before the city council shall disclose in writing such private interest and such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the city council shall hold any other elective governmental 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 residents of the city and appointed by the mayor subject to confirmation by the city council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law. (b) No member of any board, commission, or authority of the city shall hold any elective office in the city or DeKalb County. However, up to two members of the city council, including the mayor, may be appointed by the Mayor to serve as ex officio members of such boards, commissions, or authorities, without a vote for a term expiring December 31 following the date of appointment. (c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for original appointment, except as otherwise provided by this charter or any applicable law of the State of Georgia. (d) No member of any board, commission, or authority shall assume office until he or she shall have executed and filed with the designated officer of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance of the city council and administered by the mayor or a judicial officer authorized to administer oaths. (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.

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(f) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the city government shall elect one of its members as chairperson and one member as vice chairperson for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or applicable state law as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the designated officer of the city.

SECTION 2.15. Ordinance form; procedures.

(a) Every proposed ordinance and resolution shall be introduced in writing and the city council shall have the authority to approve, disapprove, or amend the same. A resolution may be passed at the time it is offered, but an ordinance shall not be adopted until the title of such ordinance shall have been read at two city council meetings, provided that the beginning of such meetings shall be 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. (b) The catchlines of sections of this charter or any ordinance printed in boldface type, italics, or otherwise, are intended as mere catchwords to indicate the contents of the section, and:
(1) Shall not be deemed or taken to be titles of such sections or as any part of the section; and (2) Shall not be so deemed when any of such sections, including the catchlines, are amended or reenacted unless expressly provided to the contrary. Furthermore, the chapter, article, and section headings contained in this Act shall not be deemed to govern, limit, or modify or in any manner affect the scope, meaning, or intent of the provisions of any chapter, article, or section hereof. (c) The city council may, by ordinance or resolution, adopt rules and bylaws to govern the conduct of its business and those in attendance of its meetings, 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) Provide supervision and guidance to the city manager; (9) Establish oversight and policy committees of the city council and appoint no less than two council members, exclusive of the mayor, to serve thereon, subject to the direction and supervision of the mayor; (10) Serve and be compensated accordingly; and (11) 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.

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(c) The mayor shall have the authority to certify that a supplemental appropriation is possible if revenue increases in excess of the amount budgeted, 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. (e) The mayor may designate the official legal organ of the city subject to confirmation by the city council.

SECTION 3.02. City manager; appointment and qualification.

The mayor shall appoint, subject to confirmation by the city council, an officer whose title shall be the "city manager." The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her education and experience in the accepted competencies and practices of local government management. The city manager need not be a resident of the City of Stonecrest.

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 supervised and guided by the mayor 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 the power of this appointment shall not include officers and employees who by this charter are appointed or elected by the mayor and the city council or departments not under the jurisdiction of the city manager; (3) Remove employees appointed and employed under paragraph (2) of this section, without the consent of the city council and without assigning any reason therefor; (4) Exercise supervision and control of all departments and all divisions created in this charter or that may hereafter be created by the city council except as otherwise provided in this charter;

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(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 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; (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 to call the same to the attention of the city attorney, whose duty it shall be forthwith to take such steps as are necessary to protect and enforce the same; (8) Make and execute all lawful contracts on behalf of the city as to matters within the city manager's level of authorization as established by the 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, no less than 60 days prior to the beginning of each fiscal year, a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amounts allotted to each department of the city government and the reasons for such estimated expenditures; (11) Keep the city council at all times fully advised as to the financial condition and needs of the city; (12) Make a full written report to the city council on the fifteenth of each month showing the operations and expenditures of each department of the city government for the preceding month, and a synopsis of such reports shall be published by the city clerk; (13) Fix all salaries and compensation of city employees in accordance with the city budget and the city pay and classification plan; and (14) Perform such other duties as may be prescribed by this charter or required by ordinance or resolution of the city council.

SECTION 3.05. City council interference with administration.

Except for the purpose of inquiries and investigations under Section 2.08 of this charter or as provided in Sections 3.01 and 3.03 of this charter, neither the city council nor its members

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shall interfere with the performance of services by or give orders to any such officer or employee, either publicly or privately.

SECTION 3.06. City manager; removal.

(a) The mayor or the city council may remove the city manager from office in accordance with the following procedures:
(1) The mayor by proclamation or the city council by resolution by affirmative vote of a majority of all its members may remove the city manager from office after a suspension of the city manager from duty for a period not to exceed 45 days. A copy either such proclamation of the mayor or the resolution of the city council shall be delivered promptly to the city manager; (2) Within five days after a copy of such proclamation or resolution is delivered to the city manager, he or she may file with the city council a written request for a public hearing and a reconsideration of the removal. This hearing shall be held at a city council meeting especially set for such purpose 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 to the removal not later than five days before the hearing; and (3) If the city manager either (i) does not request a public hearing and a reconsideration of the removal five days from the date when a copy of such proclamation or resolution was delivered to the city manager; or, (ii) if after the conclusion of the public hearing requested by the city manager for reconsideration of the removal, the city council does not pass a resolution either reversing the action of the mayor or rescinding its resolution of removal, the city manager's removal shall be effective as of such date without further action by the city council. (b) Unless either the mayor's action removing the city manager or the resolution of removal of the city manager is rescinded by majority of the members of the city council at the public hearing held at the request of city manager pursuant to this section, the city manager shall continue to receive his or her salary until the effective date of his or her removal. (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.

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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 mayor shall appoint the city attorney together with such assistant city attorneys or special 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 city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, other officers, and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of his or her position as city attorney. The city attorney shall review all contracts of the city but shall not have the power to bind the city unless authorized by resolution of the city council.

SECTION 3.09. City clerk.

The mayor shall appoint a city clerk subject to confirmation by the city council to keep a journal of the proceedings of the city council, to maintain in a safe place all records and documents pertaining to the affairs of the city, and to perform such duties as may be required by law or ordinance or as the mayor or city manager may direct.

SECTION 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

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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 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. Said plan may apply to all employees of the City of Stonecrest 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

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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 Stonecrest which shall have jurisdiction and authority to try offenses against the laws and ordinances of such city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law, including ordinances of the city; to punish witnesses for nonattendance and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before 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 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 of 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.

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(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.

SECTION 4.04. Jurisdiction; powers.

(a) The municipal court shall try and punish for crimes against the City of Stonecrest and for violation of its ordinances. The municipal court may fix punishment for offenses within its jurisdiction to the fullest extent allowed by state law. (b) The municipal court shall have authority to recommend to the city council for approval a schedule of fees to defray the cost of operation. (c) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before 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 Stonecrest, or the property so deposited shall have a lien against it for the value forfeited. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears, by probable cause, that a state law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court.

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(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 Stonecrest 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, as supplemented by the city council by ordinance.

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 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.

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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 tenth 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, 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. (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. (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.

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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.

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 municipal ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Stonecrest, 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.

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(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 Stonecrest is granted an exemption on that person's homestead from City of Stonecrest 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 Stonecrest, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Stonecrest, 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 Stonecrest, 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 Stonecrest, 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 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.

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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 Stonecrest, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means Georgia taxable net income determined pursuant to Chapter 7 of Title 48 of the O.C.G.A., as amended, for state income tax purposes, except income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and such individual's spouse under the federal Social Security Act. Income from such sources in excess of such maximum amount shall be included as income for the purposes of this Act. (4) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made.
(b) Each resident of the City of Stonecrest who is disabled or is a senior citizen is granted an exemption on that person's homestead from City of Stonecrest ad valorem taxes for municipal purposes in the amount of $14,000.00 of the assessed value of that homestead. The exemption granted by this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead, does not exceed $15,000.00 for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation.
(c)(1) In order to qualify for the exemption provided for in subsection (b) of this section 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 Stonecrest, 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 Stonecrest, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The

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governing authority of the City of Stonecrest, 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 Stonecrest, 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 5.10. 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 Stonecrest, 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 Stonecrest is granted an exemption on that person's homestead from City of Stonecrest 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 Stonecrest, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Stonecrest, 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 Stonecrest, 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

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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 Stonecrest, 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 5.11. 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 Stonecrest, 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 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 Stonecrest 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 Stonecrest 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

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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 Stonecrest, 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 Stonecrest, or the designee thereof, information relative to marital status and other such information which the governing authority of the City of Stonecrest, 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 Stonecrest 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 Stonecrest 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 Stonecrest 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.

SECTION 5.12. Homestead exemption; one mill equivalent.

(a) As used in this section, the term:

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(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 Stonecrest, 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 Stonecrest is granted an exemption on that person's homestead from City of Stonecrest 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 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 Stonecrest or the designee thereof giving such information relative to receiving such exemption as will enable the governing authority of the City of Stonecrest 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 Stonecrest 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 Stonecrest 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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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 and DeKalb County special services tax district within the boundaries of the City Stonecrest 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 Stonecrest will 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 Stonecrest for approval or rejection. The superintendent shall set May 24, 2016, 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 Stonecrest 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 Stonecrest shall reimburse DeKalb County for the actual cost of printing and personnel services for such election and for the initial election of the mayor and councilmembers pursuant to Section 2.02 of this charter. It shall be the duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State.

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(b) For the purposes of the referendum election provided for in subsection (a) of this section and for the purposes of the special election of the City of Stonecrest to be held in conjunction with and on the date of the 2016 November general election, the qualified electors of the City of Stonecrest shall be those qualified electors of DeKalb County residing within the corporate limits of the City of Stonecrest as described by Appendix A of this charter. At subsequent municipal elections, the qualified electors of the City of Stonecrest shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code." (c) Only for the purposes of holding and conducting the referendum election provided for by subsection (a) of this section and holding and conducting the special election of the City of Stonecrest to be held on the date of the 2016 November general election, the election superintendent of DeKalb County is vested with the powers and duties of the election superintendent of the City of Stonecrest and the powers and duties of the governing authority of the City of Stonecrest.

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 Stonecrest. Accordingly there shall be a two-year transition period as allowed by law beginning at 12:01 A.M. on January 1, 2017. (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 Stonecrest, responsibility for any such service or function shall be transferred to the City of Stonecrest. The governing authority of the City of Stonecrest 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 Stonecrest is considered removed from the special services tax district. (d) During the transition period, the governing authority of the City of Stonecrest 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 Stonecrest. Any transfer of jurisdiction to the City of Stonecrest during or at the end

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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 Stonecrest 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 Stonecrest commencing to exercise its planning and zoning powers, the Municipal Court of the City of Stonecrest 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 Stonecrest shall be a full functioning municipal corporation and subject to all general laws of this state.

SECTION 6.04. Directory nature of dates.

It is the intention of the General Assembly that this Act be construed as directory rather than mandatory with respect to any date prescribed in this Act. If it is necessary to delay any action called for in this Act for providential cause or any other reason, it is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the generality of the foregoing, it is specifically provided that if it is not possible to hold the referendum election provided for in Section 6.02 of this Act on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable but not later than 45 days after there is no further cause for delay. If the referendum election provided for in Section 6.02 of this Act is conducted after May 24, 2016, but before November 8, 2016, 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, 2016, 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 November general election, the city council shall be authorized to delay the dates otherwise specified in Section 6.03 of this Act.

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SECTION 6.05. Charter commission.

No later than five years after the inception of the City of Stonecrest, 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 Stonecrest. All members of the charter commission shall reside in the City of Stonecrest. The commission shall complete the recommendations within the time frame required by the city council.

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.

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APPENDIX A LEGAL DESCRIPTION CORPORATE LIMITS CITY OF STONECREST, DEKALB COUNTY, GEORGIA
Plan: stonecrest-2015 Plan Type: Local Administrator: S043 User: Gina
District STONECREST DeKalb County VTD: 089BJ - BROWN'S MILL ELEMENTARY 023416: 2004 2005 2006 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 3000 3001 3002 3003 3004 3005 4015 4016 4019 4020 VTD: 089CF - MURPHEY CANDLER VTD: 089FA - FAIRINGTON ELEM VTD: 089FG - FLAT ROCK ELEM VTD: 089LD - LITHONIA (LIT) 023303: 4020 4021 4022 VTD: 089LH - LITHONIA HIGH SCHOOL 023309: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3033 3034 3035 3036 VTD: 089MC - MARBUT ELEM 023309: 2005 2006 4007 VTD: 089MF - MCWILLIAMS VTD: 089MI - MILLER GROVE MIDDLE SCHOOL 023214: 2000 2001 2002 2003 2008 2009 2010 2011 2012 2013 2014 2022 2023 2024 023416: 1000 1001 1014 1015 VTD: 089MV - MILLER GROVE ROAD VTD: 089MZ - MILLER GROVE HIGH VTD: 089PC - PRINCETON ELEM 023306: 3005 3006 3007 3013 3014

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VTD: 089PI - PANOLA WAY ELEM 023212: 2002 VTD: 089PR - PANOLA ROAD VTD: 089RH - REDAN-TROTTI 023306: 3008 3012 3016 023313: 1003 1004 1005 1006 1007 1008 1009 1010 VTD: 089RL - ROCK CHAPEL ROAD 023303: 1011 1012 1016 1017 1018 1019 1020 1021 1022 1025 1026 1027 1032 4012 023306: 3015 3020 023315: 1010 1011 1020 VTD: 089SL - STONEVIEW ELEM 023303: 3027 3028 3029 4000 4001 4002 4003 4004 4005 4006 4029 4030 4031 4032 4034 4035 4036 023310: 3000 3001 3002 3003 3004 3005 3006 3007 3008 023418: 1000 1001 1002 1023 023428: 2000 2001 VTD: 089SM - SALEM MIDDLE VTD: 089SS - SNAPFINGER ROAD 023414: 1027 023416: 2003 2007 2008 2019 4004 4005 4006 4009 4010 4011 4012 4013 4014 4017 4018 VTD: 089WD - WOODROW ROAD

As used in this appendix, 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. The separate numeric designations 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.

APPENDIX B COUNCIL DISTRICTS CITY OF STONECREST, DEKALB COUNTY, GEORGIA

Plan: stonecrest-dist-2015 Plan Type: Local Administrator: S043 User: Gina

District 001 DeKalb County VTD: 089LD - LITHONIA (LIT) 023303: 4020 4021 4022 VTD: 089PC - PRINCETON ELEM 023306: 3005 3006 3007 3013 3014 VTD: 089RH - REDAN-TROTTI 023306: 3008 3012 3016 023313: 1003 1004 1005 1006 1007 1008 1009 1010 VTD: 089RL - ROCK CHAPEL ROAD 023303: 1011 1012 1016 1017 1018 1019 1020 1021 1022 1025 1026 1027 1032 4012 023306: 3015 3020 023315: 1010 1011 1020 VTD: 089SL - STONEVIEW ELEM 023303: 3027 3028 3029 4000 4001 4002 4003 4004 4005 4006 4029 4030 4031 4032 4034 4035 4036 023310: 3000 3001 3003 3004 3005 3008 023418: 1000 1001 1002 1023

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VTD: 089WD - WOODROW ROAD 023418: 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1024 1025 1026 1027 1028 1029 1030 1031 1033 1034 1035 1036 1037 1038 1039 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079

District 002 DeKalb County VTD: 089LH - LITHONIA HIGH SCHOOL 023309: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3033 3034 3035 3036 VTD: 089MC - MARBUT ELEM 023309: 2005 2006 4007 VTD: 089MF - MCWILLIAMS 023416: 1004 1008 1009 1010 1011 1012 1013 1016 1017 4000 4001 4002 4003 4007 4008 VTD: 089MI - MILLER GROVE MIDDLE SCHOOL 023214: 2000 2001 2002 2003 2008 2009 2010 2011 2012 2013 2014 2022 2023 2024 023416: 1000 1001 1014 1015 VTD: 089MZ - MILLER GROVE HIGH 023310: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 VTD: 089PI - PANOLA WAY ELEM 023212: 2002 VTD: 089PR - PANOLA ROAD 023310: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017

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VTD: 089SL - STONEVIEW ELEM 023310: 3007 VTD: 089SS - SNAPFINGER ROAD 023416: 4004 4005 4006
District 003 DeKalb County VTD: 089FA - FAIRINGTON ELEM VTD: 089MF - MCWILLIAMS 023416: 1002 1003 1005 1006 1007 2000 2001 2002 VTD: 089MV - MILLER GROVE ROAD 023427: 2001 2002 2003 2004 2005 VTD: 089PR - PANOLA ROAD 023428: 1000 3000 4000 VTD: 089WD - WOODROW ROAD 023428: 1001 1002 1003 1004 1005 1006 1007 1008 2016 2017
District 004 DeKalb County VTD: 089BJ - BROWN'S MILL ELEMENTARY 023416: 2004 2005 2006 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 3000 3001 3002 3003 3004 3005 4015 4016 4019 4020 VTD: 089MV - MILLER GROVE ROAD 023427: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 VTD: 089SM - SALEM MIDDLE VTD: 089SS - SNAPFINGER ROAD 023414: 1027 023416: 2003 2007 2008 2019 4009 4010 4011 4012 4013 4014 4017 4018

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District 005 DeKalb County VTD: 089CF - MURPHEY CANDLER VTD: 089FG - FLAT ROCK ELEM VTD: 089MZ - MILLER GROVE HIGH 023428: 2002 VTD: 089SL - STONEVIEW ELEM 023310: 3002 3006 023428: 2000 2001 VTD: 089WD - WOODROW ROAD 023418: 1032 1040 1041 1042 1043 1044 1045 1046 023428: 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2018

As used in this appendix, 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. 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 which is not included in District 1, 2, 3, 4, or 5 as described in this appendix shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. Any part of the city which is described in this appendix as being in District 1, 2, 3, 4, or 5 shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within the post that is contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia.

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APPENDIX C CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION

I, Ronald B. Ramsey, Sr., Senator from the 43rd 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 Stonecrest, 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 Ronald B. Ramsey, Sr. Senator, District 43 Georgia State Senate

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 Stonecrest in DeKalb County; to provide for a charter for the City of Stonecrest; 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 the creation of a community improvement district; to provide for homestead exemptions;

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

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 April 21, 2016.

__________

MCPHERSON IMPLEMENTING LOCAL REDEVELOPMENT AUTHORITY RESTATEMENT; CONTRACT AND LEASE PERIODS; PUBLIC CONTRACTS; ABSENCES FROM BOARD MEETINGS.

No. 329 (House Bill No. 1129).

AN ACT

To amend an Act to create the McPherson Implementing Local Redevelopment Authority, approved May 14, 2008 (Ga. L. 2008, p. 4328), so as to continue such authority; to provide

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for extended contract and lease periods with respect to projects; to provide for public contracts with private enterprises for the completion of projects; to revise provisions relating to absences from board meetings; 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 create the McPherson Implementing Local Redevelopment Authority, approved May 14, 2008 (Ga. L. 2008, p. 4328), is amended by striking Sections 1 through 32 and inserting in lieu thereof the following:

"SECTION 1. Short title.

This Act shall be known and may be cited as the 'McPherson Implementing Local Redevelopment Authority Act.'

SECTION 2. Definitions.

(a) As used in this Act, the term: (1) 'Authority' or 'redevelopment authority' means the McPherson Implementing Local Redevelopment Authority continued by this Act. (2) 'Cost of the project' means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, fiscal agent, 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; and the cost of placing any project in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (3) 'Economic development conveyance' has the same meaning as provided in 32 C.F.R. 174.9(a). (4) 'Project' includes: (A) The land and any one or more buildings or structures located in or on the land (the real property) formerly occupied by Fort McPherson and the real property adjacent

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thereto to be used in education, parks and recreation, transportation, health care, research, housing, commerce, or the production, manufacturing, processing, assembling, storing, or handling of any agricultural, manufactured, mining, or industrial product or any combination of the foregoing or similar uses, in every case with all necessary or useful furnishings, machinery, equipment, parking facilities, landscaping, and facilities for outdoor storage, all as determined by the authority, which determination shall be final and not subject to review; and there may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad sidings and lead tracks, bridges, causeways, terminals for railroad and automotive transportation, and transportation facilities incidental to the project; (B) The acquisition, construction, leasing, or equipping of new industrial facilities or the improvement, modification, acquisition, expansion, modernization, leasing, equipping, or remodeling of existing industrial or governmental facilities located or to be located in or on the property formerly occupied by Fort McPherson and the properties adjacent thereto; (C) The acquisition, construction, improvement, or modification of any property, real or personal, which any industrial concern might desire to use, acquire, or lease in connection with the operation of any plant or facility located or to be located in or on the property formerly occupied by Fort McPherson and the properties adjacent thereto; and (D) The acquisition and development of land in or on the property formerly occupied by Fort McPherson as the site for an educational facility, historical preservation site, commercial enterprise, entertainment facility, park or recreational facility, industrial park, transportation facility, health care facility, research facility, residential project, or similar uses, provided that, for purposes of this subparagraph, the term 'development of land' includes the provision of water, sewage, drainage, or similar facilities or transportation, power, or communication facilities which are incidental to use of the site as an educational facility, historical preservation site, commercial enterprise, entertainment facility, park or recreational facility, industrial park, transportation facility, health care facility, research facility, residential project, or similar use but, except with respect to such facilities, does not include the provision of structures or buildings. (5) 'Revenue bonds' or 'bonds' 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,' and such type of obligations may be issued by the authority as authorized under such 'Revenue Bond 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,

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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 3. McPherson Implementing Local Redevelopment Authority.

(a) The McPherson Implementing Local Redevelopment Authority, created by an Act approved May 14, 2008 (Ga. L. 2008, p. 4328), shall be continued as a body corporate and politic to be known as the 'McPherson Implementing Local Redevelopment Authority' and an instrumentality 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) The authority shall consist of not less than 11 nor more than 15 members, the majority of whom shall come from the City of Atlanta. In addition, the Governor shall select a voting member to represent the State of Georgia. With the exception of the member selected by the Governor to represent the State of Georgia, the members shall be appointed by the Governor from a list of nominees submitted by the governing authorities of any county and the mayor of any municipality in which Fort McPherson is located and the mayor of any municipality which abuts Fort McPherson. Persons so appointed shall serve for initial terms of office which shall expire on December 31 of the fourth year after their appointment. After the initial terms of office, members of the authority shall serve for terms of office of four years each. Members of the authority shall serve for their respective terms of office specified in this subsection and until their respective successors are appointed and qualified. Any member of the authority may be 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, except that if a nomination of a person to fill a vacancy in membership is not submitted to the Governor within 30 days after the vacancy occurs, the vacancy shall be filled by an appointment made by the Governor without the necessity of a nomination from the affected area. A person appointed to fill a vacancy shall serve for the remainder of the unexpired term and until the appointment and qualification of a successor. The members of the authority shall be reimbursed, upon submission of sworn vouchers, for all actual expenses incurred in the performance of their duties out of funds of the authority but shall receive no further compensation. The authority shall make rules and regulations for its own government. (c) To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age and shall not have been convicted of a felony.

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(d) The Governor shall select one of the members of the authority to serve as chairperson. Also, the members of the authority shall elect one of their number as vice chairperson, shall elect one of their number as secretary, and may elect one of their number as treasurer. The secretary may also serve as treasurer. Each of such officers shall serve for a period of two years 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) In addition to the members set forth in subsection (b) of this section, there shall be ex officio members who shall be as follows:
(1) One member appointed by the members of the Senate whose districts include all or a portion of Fort McPherson and one member appointed by the members of the House of Representatives whose districts include all or a portion of Fort McPherson; (2) The commissioner of economic development or his or her designee; (3) The commissioner of community affairs or his or her designee; (4) The commissioner of natural resources or his or her designee; (5) The commissioner of transportation or his or her designee; (6) The Commissioner of Labor or his or her designee; (7) The chancellor of the University System of Georgia or his or her designee; and (8) One member appointed by the members of the Atlanta City Council whose districts include all or a portion of Fort McPherson. Such ex officio members shall have all of the rights and duties as other members of the redevelopment authority except that they shall not have the right to vote on any matter. (f) The redevelopment authority may create the following subcommittees: health care, education, infrastructure, labor, real estate, economic development, housing and homelessness, environment, and quality of life and others as deemed appropriate. The redevelopment authority may appoint as members of the subcommittees such individuals from the community as the authority deems appropriate, and such members do not have to be members of the authority. The subcommittees shall serve in an advisory capacity to the redevelopment authority. The chairperson of the authority shall choose from among the members of each subcommittee a person to serve as chairperson of that subcommittee. The chairpersons of the subcommittees shall serve two-year terms and shall be eligible for reappointment. (g) A majority of the members of the authority, excluding ex officio members, 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. (h) 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 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 three consecutive regular meetings of the authority without an excuse approved by the chairperson of the authority. (i) All meetings of the authority, regular or special, shall be open to the public.

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(j) No member or employee of the authority shall have, directly or indirectly, any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority.

SECTION 4. 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 executing and administering the reuse plan for the property formerly occupied by Fort McPherson, executing economic development conveyances for such property, and acquiring, constructing, equipping, maintaining, and operating projects in or on the property formerly occupied by Fort McPherson resulting from the closure or realignment of Fort McPherson so as to ameliorate the impact of such closure or realignment on the communities and citizens of the surrounding area; extending and improving such projects; acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, to any persons, firms, or corporations, whether public or private, if in the sole judgment of the authority such use, lease, or sale supports the general purposes of the authority; and doing all things deemed by the authority necessary, convenient, and desirable for and incident to the efficient and proper development and operation of such type of undertakings.

SECTION 5. Powers of the authority.

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, including acquisition of land from the federal government, 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 projects 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 projects and all related activities and facilities; to enter into any contracts, leases, or other agreements, promulgate any orders, and set any tolls, fees, or other charges for the use of property or services of the authority and collect and use the same as necessary to operate the projects under control of the authority; and to accomplish any of the purposes of this Act and make any purchases or sales necessary for such 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

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corporate existence shall continue, and to lease or make contracts with respect to the use of such property, or dispose of the same in any manner it deems to be to the best advantage of the authority; (4) To appoint, select, and employ officers, agents, and employees, including real estate, environmental, 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 federal government are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable, not exceeding a term of 99 years; and, without limiting the generality of the foregoing, authority is specifically granted to all political subdivisions, departments, institutions, or agencies of the state, 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 above and foregoing, the same authority above granted to municipal corporations, counties, political subdivisions, and 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 and the federal government; (6) To adopt procedures, rules, and regulations for the planning, design, finance, construction, acquisition, leasing, operation, and maintenance of projects as public-private partnerships between the authority and one or more public or private entities. The authority may evaluate a project to determine the appropriate or desirable levels of public and private participation in planning, designing, financing, constructing, operating, maintaining, or facilitating, or any combination thereof, for the execution of such project. The authority may designate a public nonprofit, private corporation, body, or entity to perform this function and to otherwise perform the activities contemplated in this paragraph; (7) 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; (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

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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 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; (10) 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; (11) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and approve, execute, and deliver appropriate evidence of such indebtedness, provided that no such power is in conflict with the Constitution or general laws of this state; (12) To encourage and facilitate job training and housing rehabilitation programs for residents surrounding Fort McPherson; and (13) 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

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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 bond or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairperson of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority and any coupons attached thereto shall bear the facsimile signatures of the chairperson and the secretary of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of 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.

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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 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 State of Georgia or any county or municipality nor a pledge of the faith and credit of the State of Georgia or any county or municipality; but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the State of Georgia or any county or municipality 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

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property, the construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.

SECTION 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;

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(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.

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.

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SECTION 20. Validation.

Bonds of the authority shall be confirmed and validated in accordance with the procedures of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the 'Revenue Bond Law.' The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated, and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis for the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, and the security for the payment thereof and interest thereon and against the authority issuing the same and the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the redevelopment 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 Fulton County, Georgia; and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in such court which shall have exclusive, original jurisdiction of such actions.

SECTION 22. Interest of bondholders protected.

While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of such authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. No other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds, and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.

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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. 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 such bonds and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made.

SECTION 25. Rules and regulations for operation of projects.

It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed or acquired under the provisions of this Act.

SECTION 26. Tort immunity.

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 the performance of the work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of the state when in the performance of their public duties or work of the state.

SECTION 27. 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

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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 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 28. 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 29. Effect on local governments.

(a) This Act shall not and does not in any way take from any county or municipality 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.' (b) This Act provides the exclusive means by which any economic development conveyance may be made with regard to Fort McPherson.

SECTION 30. Liberal construction of Act.

This Act being for the welfare of various political subdivisions of the state and its inhabitants shall be liberally construed to effect the purposes of this Act.

SECTION 31. Effective date.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. However, the McPherson Implementing Local Redevelopment Authority shall not be appointed nor take any action whatsoever until the Governor issues

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an executive order finding that a need for the authority exists with regard to the closure or realignment of Fort McPherson.

SECTION 32. Repealer.

All laws and parts of laws in conflict with this Act are 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 2016 session of the General Assembly of Georgia a bill to amend an Act to create the McPherson Implementing Local Redevelopment Authority, approved May 14, 2008 (Ga. L. 2008, P. 4328), so as to continue such authority; to provide for extended contract and lease periods with respect to projects; to provide for public contracts with private enterprises for the completion of projects; to revise provisions relating to absences from board meetings; to provide for related matters; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Pat Gardner, Representative from District 57, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Daily Report, which is the official organ of Fulton County, on the 12th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or

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(ii) During the seven days immediately following the date of publication of such Notice.

s/ PAT GARDNER Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 17th of February, 2016, Before me:

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

Approved April 26, 2016.

__________

NEWTON COUNTY COMMUNITY IMPROVEMENT DISTRICTS.

No. 346 (Senate Bill No. 377).

AN ACT

To provide for the creation of one or more community improvement districts in Newton County; to provide for a short title; to provide for the purposes of such district or districts; to provide for definitions; to provide for a board to administer such district or districts; to provide for appointment and election of members of such board or boards; to provide for taxes, fees, and assessments; to provide for establishment of the boundaries of such district or districts; to provide for a tax cap; to provide for the alteration of district boundaries and the practices, procedures, and requirements related thereto; to provide for the debt of such district or districts; to provide for cooperation with local governments; to provide for powers of such boards; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolution; to provide the procedures connected with all of the foregoing; to provide for related matters; to provide for an effective date and for severability; 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 "Newton County Community Improvement District Act."

SECTION 2. Purpose.

The purpose of this Act is to provide for the creation of one or more community improvement districts within Newton 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 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 provide 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, facilities, and services; (3) Storm water and sewerage 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 or 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) "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

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by publishing notice thereof in the legal organ of Newton County at least once each week for four weeks prior to such caucus. (4) "Cost of the project" or "cost of any project" means and includes:
(A) All costs of acquisition (by purchase or otherwise), construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; (B) All costs of real property, fixtures, or personal property used in, 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, 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, consultants, 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 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 notes or other obligations for any project; (G) All expenses of or incidental to determining the feasibility or practicability of any project; (H) All costs of plans and specifications for any project; (I) All costs of title insurance and examinations of title with respect to any project; (J) Repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans; (K) Administrative expenses of the board and such other expenses as may be necessary or incidental to any project, 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 trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any notes or other obligations of the district may be authorized.

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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 notes or other obligations issued by the district. (5) "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 to this Act, as the context requires or permits. (6) "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 Newton 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, and assessments levied by the board shall have one vote for an election based upon numerical majority. An owner of multiple parcels has one vote, not one 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 shall be cast by one representative who is designated in writing. (7) "Equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property," with reference to taxes, fees, and assessments levied by the board, means that the burden of the taxes, fees, and assessments shall be apportioned among the properties subject thereto based upon the values established in the most recent ad valorem tax reassessment of such properties certified by the Newton County Board of Tax Assessors. (8) "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. (9) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree-farming operation. 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. (10) "Hereby," "herein," "hereunder," and "herewith" have the meanings generally ascribed to these words. (11) "Project" means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements, including operation of facilities or other improvements located or to be located within or otherwise providing service to the district and the acquisition; installation,

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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; and the creation, provision, enhancement, or supplementing of public services (such as fire, police, or other services), provided that the same do not conflict with or duplicate existing public services, all for the public purposes set forth in Section 2 of this Act. (12) "Property owner" or "owner of real property" means any entity or person shown as a taxpayer for one or more parcels of real estate on the most recent ad valorem tax records of Newton County within the district, such record being declared prima-facie proof of ownership. (13) "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. (14) "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. (15) "Taxpayer" means any entity or person paying ad valorem taxes on real property, whether on one or more parcels of property within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole. (16) "Value" or "assessed value" of property means the value established in the most recent ad valorem tax reassessment of such property certified by the Newton 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 Newton 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 Newton County if the district is located wholly within the unincorporated area of Newton County; (B) The governing authority of the municipality if the district is located wholly within the incorporated area of a municipality; or

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(C) The governing authorities of Newton County and any municipality in which the district is partially located if it is located partially within the unincorporated area of Newton County and partially within the incorporated area of any municipality; and (2) Written consent to the creation of the community improvement district by: (A) A majority of the owners of real property within the 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 Newton County ad valorem tax digest. The written consents provided for above shall be submitted to the Newton County tax commissioner who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each such proposed district. The district or 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 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 to this Act shall be administered by a board composed of a minimum of six board members to be appointed and elected as provided in this section. One board member shall be appointed by the governing authority of Newton 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 by one municipality and to additional posts if there are multiple municipalities. Three board members shall be elected by a numerical majority of the elector votes to serve in Posts 1, 2, and 3 and two board members shall be elected by a majority of the equity elector votes to serve in Posts 4 and 5. The initial term of office for the members representing Posts 1, 3, and 5 shall be four years. The initial term of office for the members representing Posts 2 and 4 shall be two years. The initial term of office for the board member appointed to Post 6 shall be two years. The initial term of office for a board member appointed by a municipality shall be four years. Thereafter, all terms of office shall be for four years. Should a new election or appointment not occur prior to the expiration of the aforementioned terms, the board member shall serve until a successor has been duly elected or appointed as set forth in this section. (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 Newton County Tax Commissioner of the written consents herein provided, at such time and

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place within the district as the governing authority of Newton County, or governing body of the municipality if the district lies wholly within the incorporated area thereof, shall designate after notice thereof shall have been given to such electors by publishing the same in the legal organ of Newton County as provided in this Act. Thereafter, there shall be conducted biennially, not later than 60 days following the last day for filing ad valorem real property tax returns in Newton County, a caucus of such electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those board member positions whose terms expire or are vacant. If a vacancy occurs in an elected position on the board, the board shall, within 60 days thereof, call a special election to fill the same to be held within 60 days of the call unless such vacancy occurs within 180 days of the next regularly scheduled election, in which case a special election may, but need not, be called. (c) Elected board members shall be subject to recall by the vote of a caucus of electors, such caucus being called by the board pursuant to 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 as of the date of the event terminating such status. (e) Board members shall receive no compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. (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 and 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

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the board shall be used only for the purpose of providing governmental services and facilities which are specifically required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to Newton County or the municipality as a whole. Any tax, fee, or assessment so levied shall be collected by the Newton County Tax Commissioner in the same manner as taxes, fees, and assessments are levied by Newton County. Delinquent taxes shall bear the same interest and penalties as Newton 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 Newton 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.

SECTION 7. Boundaries of the districts.

(a) The boundaries of the district or districts shall be as designated by the governing authority of Newton County and such municipalities within which the district may be partially located if partially within the unincorporated area of Newton County and partially within one or more municipalities, or by the governing authority of a municipality if wholly within the incorporated area thereof, as set forth in the resolutions required in Section 4 of this Act or as may thereafter be added as provided in this Act. (b) The boundaries of 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 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 Newton County if any portion of the district is or is to be in the unincorporated area of Newton 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 Newton County if any portion of the district is or is to be in the unincorporated area of Newton County, and 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 Georgia or any other provision of law prohibiting or restricting the borrowing of money or the creation of debt by political subdivisions of the State of Georgia, which debt shall be backed by the full faith, credit, and taxing power of the district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the district.

SECTION 9. Cooperation with local governments.

The services and facilities provided for in this Act shall be provided for in a cooperation agreement executed jointly by the board, the governing body of Newton 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 Newton County or any such municipality to provide services or facilities within the district, and Newton County and such municipality shall retain full and complete authority and control over any of its facilities located within any district. Such control shall include, but not be limited to, the modification of, access to, and degree and type of services provided through or by facilities of Newton 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.

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SECTION 10. Powers.

(a) The district and the board created pursuant to this Act shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions hereof, including, without limiting the generality of the foregoing, the power to:
(1) Bring and defend actions; (2) Adopt and amend a 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, of 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 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 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 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;

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(10) Contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or political subdivision of this state of any facilities or services of the district, provided that such contracts shall deal with such activities and transactions as the district and any such political subdivision with which the district contracts are authorized by law to undertake; (11) Grant, mortgage, convey, assign, or pledge its property, revenues, taxes, 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, fixtures, or any interest therein, 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, consultants, accountants, 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 Newton County and any municipalities within which the district is wholly or partially located; (17) Invest its funds 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 such services do not conflict with or duplicate existing Newton 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.

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(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 shall limit or restrict any other power of the board.

SECTION 11. Construction, notice, proceeding, publication, and referendum.

This Act shall be liberally construed to effect the purposes thereof. No notice, proceeding, or publication except those required hereby shall be necessary for the performance of any act authorized hereby nor shall any such act be subject to referendum.

SECTION 12. 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 Newton County if wholly within the unincorporated area of Newton County, by the governing authority of Newton County and such municipalities within which the district may be located if within the unincorporated area of Newton 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 Newton 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 such properties, as certified by the Newton County Tax Commissioner, the governing authorities

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of Newton County and any municipality within which the district is located shall dissolve the district. (c) In the event that successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Following a successful dissolution action and until the dissolution becomes effective, no new projects may be undertaken, obligations or debts incurred, or property acquired. (d) Upon a successful dissolution action, the board shall serve until December 31 of that year for the purpose of concluding any ongoing matters and projects, but if such cannot be concluded by December 31, the governing authority of Newton County, or the municipality if the district is located entirely within a 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 in this subsection, may continue to levy taxes within the limitations set forth in Section 6 of this Act 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, 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 a dissolution becomes effective, the governing authority of Newton County for public facilities located in the unincorporated area, or the municipality within which they are located, shall take title to all public facilities, 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 13. 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 such 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 14. Effective date.

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

SECTION 15. Repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to provide for the creation of one or more community improvement districts in Newton County; to provide for a short title; to provide for the purposes of such district or districts; to provide for definitions; to provide for a board to administer such district or districts; to provide for appointment and election of members of such board or boards; to provide for taxes, fees and assessments; to provide for establishment of the boundaries of such district or districts; to provide for a tax cap; to provide for the alteration of district boundaries and the practices, procedures, and requirements related thereto; to provide for the debt of such district or districts; to provide for cooperation with local governments; to provide for powers of such boards; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolution; to provide the procedures connected with all of the foregoing; to provide for related matters; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Rick Jeffares, Senator from District 17th, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Covington News, which is the official organ of Newton County, on the 31st of January in the year 2016; and

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(B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ RICK JEFFARES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 11th of February, 2016, Before me:

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

Approved April 26, 2016.

__________

FORSYTH COUNTY FORSYTH COUNTY PUBLIC FACILITIES AUTHORITY; REVISE DEFINITION; IMPOSE MONETARY LIMITATION.

No. 375 (Senate Bill No. 315).

AN ACT

To amend an Act to create the Forsyth County Public Facilities Authority, approved May 1, 2008 (Ga. L. 2008, p. 3637), as amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 3944), so as to revise a definition; to provide a monetary limitation; to provide for related matters; to provide an effective date and severability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to create the Forsyth County Public Facilities Authority, approved May 1, 2008 (Ga. L. 2008, p. 3637), as amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 3944), is amended by revising paragraph (5) of Section 3 as follows:
"(5) 'Project' means: (A) All buildings, facilities, and equipment necessary or beneficial for the efficient operation of: (i) The county or any department, agency, division, or commission thereof; or (ii) The Forsyth County School District; and (B) Any undertaking permitted by the Revenue Bond Law."

SECTION 2. Said Act is further amended by revising Section 5 as follows:

"SECTION 5. Revenue bonds.

The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of revenue bonds of the authority for the purpose of paying all or any part of the costs of the project and for the purpose of refunding revenue bonds or other obligations previously issued. Revenue bonds shall not be issued for any building that will be used as a courthouse or a jail, or for any single building the cost of which is anticipated at the commencement of construction to exceed $35 million (hereinafter referred to as the "monetary limitation"), unless the voters of the county approve the building in a referendum or the building is required to be constructed under court order. The monetary limitation shall be subject to annual upward adjustments based upon the consumer price index. The monetary limitation shall not prevent the issuance of revenue bonds to fund unanticipated cost overruns for buildings that were originally anticipated at the time of the commencement of construction to be within the monetary limitation. The principal of and interest on such revenue bonds shall be payable solely from the special fund hereby provided for such payment. The revenue bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, 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 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."

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SECTION 3. The provisions of this Act are severable, and if any of such provisions shall be held invalid or unconstitutional by a court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

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 2016 session of the General Assembly of Georgia a bill to amend an Act to create the Forsyth Country Public Facilities Authority, approved May 1, 2008 (Ga. L. 2008, p. 3637), as amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 3944), so as to revise a definition; to provide a monetary limitation; to provide for related matters; to provide an effective date; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Michael Williams, Senator from District 27, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Forsyth County News, which is the official organ of Forsyth County, on the 27th of January in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or

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(ii) During the seven days immediately following the date of publication of such Notice.

s/ MICHAEL WILLIAMS Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 1st of February in the year 2016, Before me:

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

Approved April 26, 2016.

__________

CITY OF DECATUR HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM.

No. 382 (Senate Bill No. 339).

AN ACT

To amend an Act providing a homestead exemption from certain City of Decatur ad valorem taxes, approved April 19, 2000 (Ga. L. 2000, p. 4285), so as modify the amount of a homestead exemption from City of Decatur ad valorem taxes for municipal purposes except for ad valorem taxes levied to pay interest on and to retire municipal bonded indebtedness in the amount of $25,000.00 of the assessed value of the homestead for residents of that city; 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 a homestead exemption from certain City of Decatur ad valorem taxes, approved April 19, 2000 (Ga. L. 2000, p. 4285), is amended by revising subsection (b) as follows:

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"(b) Each resident of the City of Decatur is granted an exemption on that person's homestead from all City of Decatur ad valorem taxes for municipal purposes except for ad valorem taxes to pay interest on and to retire municipal bonded indebtedness in the amount of $25,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation."

SECTION 2. The municipal election superintendent of the City of Decatur 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 Decatur for approval or rejection. The municipal election superintendent shall conduct that election in conjunction with the November, 2016, general election and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides a homestead exemption from City of Decatur ad valorem taxes for municipal purposes in the amount of
( ) NO $25,000.00 of the assessed value of the homestead for residents of the City of Decatur?"
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. 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 Decatur. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to amend an Act providing a homestead exemption from certain

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City of Decatur ad valorem taxes, approved April 19, 2000 (Ga. L. 2000, p. 4285), so as modify the amount of a homestead exemption from City of Decatur ad valorem taxes for municipal purposes except for ad valorem taxes levied to pay interest on and to retire municipal bonded indebtedness in the amount of $25,000.00 of the assessed value of the homestead for residents of that city; and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Elena Parent, Senator from District 42, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Champion, which is the official organ of DeKalb County, on the 28th of January in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ ELENA PARENT Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 1st of February, 2016, Before me:

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

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Approved April 26, 2016.

__________

CITY OF DECATUR HOMESTEAD EXEMPTION; CITY TAXES; SCHOOL TAXES; SENIOR CITIZENS; REFERENDUM.

No. 383 (Senate Bill No. 340).

AN ACT

To amend an Act providing an additional $2,000.00 homestead exemption from City of Decatur ad valorem taxes for certain residents of said city, approved March 27, 1985 (Ga. L. 1985, p. 4140), as amended, particularly by an Act approved March 25, 1986 (Ga. L. 1986, p. 4475), and by an Act approved April 13, 2001 (Ga. L. 2001, p. 4259), so as to provide for a homestead exemption from City of Decatur ad valorem taxes for municipal purposes except for ad valorem taxes levied to pay interest on and to retire municipal bonded indebtedness and from City of Decatur independent school district ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that city who are 62 years of age or older and whose income does not exceed $25,000.00; to provide for a homestead exemption from City of Decatur ad valorem taxes for municipal purposes except for ad valorem taxes levied to pay interest on and to retire municipal bonded indebtedness 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. An Act providing an additional $2,000.00 homestead exemption from City of Decatur ad valorem taxes for certain residents of said city, approved March 27, 1985 (Ga. L. 1985, p. 4140), as amended, particularly by an Act approved March 25, 1986 (Ga. L. 1986, p. 4475), and by an Act approved April 13, 2001 (Ga. L. 2001, p. 4259), is amended by revising Section 2 as follows:

"SECTION 2. (a) Each resident of the City of Decatur independent school district who is 62 years of age or older on or before January 1 of the year in which application for the exemption under this Act is made is granted an exemption on that person's homestead from all City of Decatur independent school district ad valorem taxes for educational purposes in the

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amount of $50,000.00 of the assessed value of that homestead if that resident's income, together with the income of the spouse of that resident and all members of the family of that resident who also reside within such homestead, does not exceed $25,000.00 for the immediately preceding taxable year. The value of that property in excess of such exempted amount shall remain subject to taxation. (b) Each resident of the City of Decatur who is 62 years of age or older on or before January 1 of the year in which application for the exemption under this Act is made is granted an exemption on that person's homestead from all City of Decatur independent school district ad valorem taxes for municipal purposes except for ad valorem taxes levied to pay interest on and to retire municipal bonded indebtedness in the amount of $50,000.00 of the assessed value of that homestead if that person's income, together with the income of the spouse of such person who resides within such homestead, does not exceed $25,000.00 for the immediately preceding taxable year. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) The exemptions granted by this section shall apply to all taxable years beginning after December 31, 2016."

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

"SECTION 2A. In addition to any other homestead exemption applicable to City of Decatur ad valorem taxes, including the homestead exemption provided for by Section 2 of this Act, each resident of said city who is 65 years of age or older is granted an exemption on that person's homestead from City of Decatur ad valorem taxes, except ad valorem taxes levied to pay interest on and to retire municipal bonded indebtedness and for the independent school system of said city, in the amount of $10,000.00. The additional exemption granted by this section shall be claimed, administered, and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., but the governing authority of the City of Decatur may grant the exemption authorized by this section without further application to any resident of the City of Decatur who qualifies therefor as shown on the previously existing tax records of the City of Decatur. The additional homestead exemption granted by this section shall apply to all taxable years beginning after December 31, 2016."

SECTION 3. The municipal election superintendent of the City of Decatur 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 Decatur for approval or rejection. The municipal election superintendent shall conduct that election in conjunction with the November, 2016, general election and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week

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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 provides a homestead exemption from City of Decatur ad valorem taxes for municipal purposes and from City of Decatur independent school district ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that city who are 62 years of age or older and
( ) NO whose income does not exceed $25,000.00, and which provides a homestead exemption from City of Decatur 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?"
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. 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 Decatur. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 4. Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to amend an Act providing an additional $2,000.00 homestead exemption from City of Decatur ad valorem taxes for certain residents of said city, approved March 27, 1985 (Ga. L. 1985, p. 4140), as amended, so as to provide for a homestead exemption from City of Decatur ad valorem taxes for municipal purposes except for ad valorem taxes levied to pay interest on and to retire municipal bonded indebtedness and from City of Decatur independent school district ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that city who are 62 years of age or older and whose income does not exceed $25,000.00; to provide for a homestead exemption from City of Decatur ad valorem taxes for municipal purposes

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except for ad valorem taxes levied to pay interest on and to retire municipal bonded indebtedness 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; and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Elena Parent, Senator from District 42, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Champion, which is the official organ of DeKalb County, on the 28th of January in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ ELENA PARENT Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 1st of February, 2016, Before me:

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

Approved April 26, 2016.

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CITY OF DECATUR HOMESTEAD EXEMPTION; LOCAL CONSTITUTIONAL AMENDMENT; REPEAL; REFERENDUM.

No. 384 (Senate Bill No. 341).

AN ACT

To repeal a former local constitutional amendment, Ga. L. 1981, p. 1914, which former local constitutional amendment was continued in effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution of Georgia and which provides for a homestead exemption from certain city ad valorem taxes for residents of the City of Decatur in an amount to be fixed by the governing authority of the city at not more than $2,000.00 for the first year, and which may be increased periodically, but which exemption shall not exceed $10,000.00; 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. The former local constitutional amendment, Ga. L. 1981, p. 1914, which former local constitutional amendment was continued in effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution of Georgia and which provides for a homestead exemption from certain city ad valorem taxes for residents of the City of Decatur in an amount to be fixed by the governing authority of the city at not more than $2,000.00 for the first year, and which may be increased periodically, but which exemption shall not exceed $10,000.00, is hereby repealed.

SECTION 2. The municipal election superintendent of the City of Decatur 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 Decatur for approval or rejection. The municipal election superintendent shall conduct that election in conjunction with the November, 2016, general election and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:

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"( ) YES Shall the Act be approved which repeals an obsolete homestead exemption ( ) NO for residents of the City of Decatur?" 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. 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 Decatur. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to repeal a former local constitutional amendment, Ga. L. 1981, p. 1914, which former local constitutional amendment was continued in effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution of Georgia; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Elena Parent, Senator from District 42, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Champion, which is the official organ of DeKalb County, on the 28th of January in the year 2016; and

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(B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ ELENA PARENT Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 1st of February, 2016, Before me:

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

Approved April 26, 2016.

__________

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

No. 385 (Senate Bill No. 342).

AN ACT

To provide for a homestead exemption from City of Decatur ad valorem taxes for municipal purposes except for ad valorem taxes levied to pay interest on and to retire municipal bonded indebtedness in the amount of $15,000.00 of the assessed value of the homestead for residents of that city who are 62 years of age or older and whose income does not exceed $50,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Decatur, except for ad valorem taxes levied 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, including, but not limited to, any federal old-age, survivor, or disability insurance benefits, or benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by that resident or that resident's spouse or other family member residing at the homestead. (4) "Senior citizen" means a person who is 62 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 Decatur who is a senior citizen is granted an exemption on that person's homestead from City of Decatur ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of that homestead. The exemption granted by this subsection shall only be granted if such resident's income together with the income of the spouse of that resident and all other members of the family of that resident who also reside at such homestead does not exceed $50,000.00 for the immediately preceding year. The exemption granted by this subsection shall apply to ad valorem taxes for municipal purposes, but shall not apply to or affect state ad valorem taxes, ad valorem taxes for educational purposes, or county ad valorem taxes for county purposes. The value of that property in excess of such exempted amount shall remain subject to taxation unless otherwise exempted. (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 Decatur, 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 Decatur, 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 Decatur, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the

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governing authority of the City of Decatur, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The homestead exemption granted by subsection (b) of this section may be claimed in addition to any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning after December 31, 2016.

SECTION 2. The municipal election superintendent of the City of Decatur 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 Decatur for approval or rejection. The municipal election superintendent shall conduct that election in conjunction with the November, 2016, general election and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides a homestead exemption from City of Decatur ad valorem taxes for municipal purposes except for ad valorem taxes levied to pay interest on and to retire municipal bonded indebtedness in the amount of $15,000.00 of the assessed value of the homestead for
( ) NO residents of that city who are 62 years of age or older and whose income does not exceed $50,000.00?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2017. 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 Decatur. 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.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Decatur ++ ad valorem taxes of municipal purposes ++ except for ad valorem taxes levied to pay interest on and to retire municipal bonded indebtedness in the amount of $15,000.00 of the assessed value of the homestead for residents of that city who are 62 years of age or older and whose income does not exceed $50,000.00; and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Elena Parent, Senator from District 42, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Champion, which is the official organ of DeKalb County, on the 28th of January in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ ELENA C. PARENT Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 1st of February, 2016, Before me:

s/ JENNIFER BURGESS Jennifer Burgess

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

Approved April 26, 2016.

__________

CITY OF DECATUR HOMESTEAD EXEMPTION; SCHOOL TAXES; SENIOR CITIZENS; REFERENDUM.

No. 386 (Senate Bill No. 343).

AN ACT

To provide a homestead exemption from City of Decatur independent school district ad valorem taxes for educational purposes for five years in the full amount of the assessed value of the homestead for residents of that school district 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 educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the City of Decatur independent school district, except for any ad valorem taxes to pay interest on and to retire independent school district bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 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 Decatur independent school district who is a senior citizen is granted an exemption on that person's homestead from City of Decatur independent school district ad valorem taxes for educational purposes in the full amount 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

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of the City of Decatur, 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 Decatur, 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 Decatur, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the person granted the homestead exemption under subsection (b) of this section occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Decatur, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or county 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 Decatur independent school district ad valorem taxes for educational purposes. (f) The exemption granted by subsection (b) of this section shall apply to taxable years beginning on or after January 1, 2017, and ending on or before December 30, 2021.

SECTION 2. The municipal election superintendent of the City of Decatur 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 Decatur independent school district for approval or rejection. The municipal election superintendent shall conduct that election in conjunction with the November, 2016, general election and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides a homestead exemption from City of Decatur independent school district ad valorem taxes for educational
( ) NO purposes for five years in the full amount of the assessed value of the homestead for residents of that school district 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

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effect on January 1, 2017. 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 Decatur. 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
LC 40 0210
Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to provide a homestead exemption from City of Decatur ++ independent school district ad valorem taxes ++ for educational purposes in the full amount of the assessed value of the homestead for residents of that school district who are 65 years of age or older; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Elena Parent, Senator from District 42, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Champion, which is the official organ of DeKalb County, on the 28th of January in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:

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(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ ELENA C. PARENT Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 1st of February, 2016, Before me:

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

Approved April 26, 2016.

__________

CITY OF STOCKBRIDGE MAYOR AND COUNCIL; OATH OF OFFICE.

No. 388 (Senate Bill No. 358).

AN ACT

To amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3832), so as to provide for an oath of office and its administration; 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 Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3832), is amended by revising subsection (a) of Section 3.11 to read as follows:

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"(a)(1) On or prior to the first day of January immediately following their election, the oath of office shall be administered to the newly elected members by any person authorized to administer oaths and shall, to the extent that it comports with federal and state law, be as follows:
Oath Administrator: 'Do you solemnly (swear)(affirm) that you will faithfully perform the duties of (mayor)(councilmember) of this city and that you will support and defend the charter thereof as well as the Constitutions and laws of the State of Georgia and of the United States of America. That you are not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. That you are not the holder of any office of trust under the government of the United States, any other state, or any foreign state which you by the laws of the State of Georgia are prohibited from holding. That you are otherwise qualified to hold said office according to the Constitution and laws of Georgia. That you have been a resident the City of Stockbridge for the time required by the Constitution and laws of this state and by the municipal charter. That you will perform the duties of your office in the best interest of the City of Stockbridge to the best of your ability without fear, favor, affection, reward, or expectation thereof.' Newly Elected Member: 'I do.' (2) The same or substantially similar oath shall be executed in proper written form by such newly elected member. Such oath shall be filed with the city clerk on or before the first day of January immediately following their election and the probate judge thereafter. (3) In the event the oath is taken prior to the first day of January immediately following their election, each newly elected member may, but shall not be required to, retake such oath in a ceremony at the first regular meeting of the city council in such year immediately following their election."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia, a bill to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991, (Ga. L. 1991 p. 4359), as amended, particularly by an Act approved April 19, 2000, (Ga. L. 2000 p. 3766); to provide for related matters; to repeal conflicting laws; and for other purposes.

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AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Emanuel Jones, Senator from District 10, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Henry Herald, which is the official organ of Henry County, on the 20th of January in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ EMANUEL JONES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 10th of February, 2016, Before me:

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

Approved April 26, 2016.

__________

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CITY OF STOCKBRIDGE TERMINATION OF APPOINTED OFFICIALS AND EMPLOYEES UNDER CERTAIN CIRCUMSTANCES.

No. 389 (Senate Bill No. 359).

AN ACT

To amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to terminate the employment of appointed officers upon such persons qualifying to seek public office; to provide for the termination of employees upon qualifying to seek public office in certain circumstances; 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 Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, is amended by adding a new subsection to Section 2.16 to read as follows:
"(f) No appointive officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon qualifying for or election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and council either immediately upon election or at any time such conflict may arise."

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 2016 session of the General Assembly of Georgia, a bill to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991, (Ga. L. 1991, p. 4359), as amended, particularly by an Act approved April 19, 2000, (Ga. L. 2000, p. 3766); to provide for related matters; to repeal conflicting laws; and for other purposes.

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AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Emanuel Jones, Senator from District 10, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Henry Herald, which is the official organ of Henry County, on the 20th of January in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ EMANUEL JONES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 10th of February, 2016, Before me:

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

Approved April 26, 2016.

__________

3648

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CITY OF STOCKBRIDGE MAYOR AND COUNCIL; PROHIBIT HOLDING OF OTHER OFFICES AND EMPLOYMENT.

No. 390 (Senate Bill No. 360).

AN ACT

To amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to prohibit the mayor and councilmembers from holding 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; to prohibit any former mayor or former councilmember from holding any appointive office in the city or being employed by the city until one year after the expiration of the term for which that official was elected; 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 Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, is amended by revising subsection (e) of Section 2.16 as follows:
"(e) Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected. No former mayor and no former councilmember shall hold any appointive office in the city or be employed by the city until one year after the expiration of the term for which that official was elected."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia, a bill to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991, (Ga. L. 1991, p. 4359), as amended, particularly by an Act approved April 19, 2000, (Ga. L. 2000, p. 3766); to provide for related matters; to repeal conflicting laws; and for other purposes.

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3649

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Emanuel Jones, Senator from District 10, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Henry Herald, which is the official organ of Henry County, on the 20th of January in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ EMANUEL JONES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 10th of February, 2016, Before me:

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

Approved April 26, 2016.

__________

3650

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CITY OF STOCKBRIDGE CITY MANAGER; SELECTION, APPOINTMENT, QUALIFICATIONS, COMPENSATION, AND REMOVAL; ACTING CITY MANAGER; POWERS AND DUTIES.

No. 391 (Senate Bill No. 361).

AN ACT

To amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to provide for a city manager; to provide for manner of selection, appointment, qualifications, compensation, and removal; to provide for an acting city manager; to provide for powers and duties; 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 Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, is amended by adding sections to Article II to read as follows:

"SECTION 2.18. City manager; appointment; qualifications; compensation.

(a) Within 60 days of a vacancy in the position of city manager, the mayor shall recommend to the council at least two qualified candidates for the position of city manager, which the council may either approve or reject by a majority vote. In the event that the council rejects all of the mayor's recommended candidates, the mayor shall have an additional 15 days from the date of the rejection of the final candidate to interview additional qualified candidates. Before the expiration of the 15 day period, the mayor shall make an additional recommendation of one candidate to the council. The council may accept or reject the mayor's additional recommended candidate. If the mayor's additional recommended candidate is rejected by the council, the mayor shall receive an additional 15 days to interview more candidates, and the process will continue and repeat in the same manner with the mayor recommending an additional candidate each time until a city manager is selected. The city may also utilize the same process to select an interim city manager when necessary. For purposes of this subsection, the term 'vacancy' includes only those occasions in which no city manager is serving the city, and those occasions in which a current city manager has declared his or her intention to vacate the position on a date certain.

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(b) The city manager shall be employed without regard to political beliefs and solely on the basis of said individual's executive and administrative qualifications with special reference to his or her educational background and actual experience in, and knowledge of, the duties of office as hereinafter prescribed.

SECTION 2.19. Removal of city manager.

The majority of the city council may remove the city manager at any time. The mayor may suspend or remove the city manager, but such suspension or removal shall not be effective for ten calendar days following the mayor's giving written notice of such action and the reason therefor to the city manager and to the city council. The city manager may appeal to the city council which, after a hearing, may override the mayor's action by a vote of three councilmembers.

SECTION 2.20. Acting city manager.

By letter filed with the city clerk, the city manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of the city manager during the city manager's temporary absence or physical or mental disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return or the manager's disability shall cease. In the event a vacancy occurs in the position of the city manager and the city council has not designated an acting city manager, the mayor shall exercise the powers and perform the duties of the city manager.

SECTION 2.21. Powers and duties of the city manager.

The city manager shall be the chief administrative officer of the city. The manager shall be responsible to the city council for the administration of all city affairs placed in the manager's charge by or under this charter. As the chief administrative 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 personnel ordinances adopted pursuant to this charter. The manager may authorize any administrative officer who is subject to the manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency;

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city council meetings except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager and have the right to take part in discussion but not vote; (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the manager or by officers subject to the manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the city council; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to the manager's direction and supervision; (8) Keep the city council fully advised as to the financial condition and future needs of the city, and make such recommendations to the city council concerning the affairs of the city as the manager deems desirable; and (9) Perform other such duties as are specified in this charter or as may be required by the city council.

SECTION 2.22. Council interference with administration.

Except for the purpose of inquiries and investigations under Section 3.12 of this charter, the city council or its members, including the mayor, shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city council nor its members, including the mayor, shall give orders to any such officer or employee, either publicly or privately. However, elected officials are not prohibited from speaking with city employees, or from requesting information from city employees in furtherance of their service to the city as elected officials. In the event of an emergency arising at the time of the death, incapacity, or unavailability of the city manager, the following persons in this order of succession may direct city employees, authorize expenditures, execute expenditure documents, and execute checks, and may perform necessary functions and exercise necessary executive or administrative powers: mayor and then mayor pro tem. For purposes of this provision, 'unavailability' in general means that it is not possible for city employees responding to the emergency to contact and receive a response from the city manager or enumerated successor by telephone or electronic means for a consecutive period of four hours or greater, or that the city manager or enumerated successor is incapable of responding for a consecutive period of four hours or greater. Additionally, if an emergency occurs which

GEORGIA LAWS 2016 SESSION

3653

needs immediate attention and the mayor has attempted to contact the city manager by telephone and electronic means, but has been unsuccessful in establishing contact, and thereafter the mayor consults with the department head in charge of the department which the mayor believes is most appropriate to respond to the emergency, then, based on the succession rules stated above, the mayor may exercise the aforementioned duties necessary to respond to such emergency until the city manager becomes available and able to perform the duties required for such emergency."

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 2016 session of the General Assembly of Georgia, a bill to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991, (Ga. L. 1991, p. 4359), as amended, particularly by an Act approved April 19, 2000, (Ga. L. 2000, p. 3766); to provide for related matters; to repeal conflicting laws; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Emanuel Jones, Senator from District 10, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Henry Herald, which is the official organ of Henry County, on the 20th of January in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

s/ EMANUEL JONES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 10th of February, 2016, Before me:

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

Approved April 26, 2016.

__________

WHITE COUNTY BOARD OF COMMISSIONERS; COMPENSATION.

No. 394 (Senate Bill No. 380).

AN ACT

To amend an Act to reconstitute the Board of Commissioners of White County, approved May 13, 2008 (Ga. L. 2008, p. 4205), as amended, so as to provide for compensation increases for members of the board; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to reconstitute the Board of Commissioners of White County, approved May 13, 2008 (Ga. L. 2008, p. 4205), as amended, is amended by revising subsection (a) of Section 10 as follows:
"(a) The chairperson shall receive a salary of $1,200.00 per month and each commissioner shall receive a salary of $1,000.00 per month, paid from the funds of White County."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

GEORGIA LAWS 2016 SESSION
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

3655

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to amend an Act to reconstitute the Board of Commissioners of White County approved May 13, 2008, (Ga. L. p. 4205), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Steve Gooch, Senator from District 51, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the White County News, which is the official organ of White County, on the 11th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ STEVE GOOCH Affiant

3656

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 16th of February, 2016, Before me:

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

Approved April 26, 2016.

__________

CITY OF STOCKBRIDGE MAYOR AND COUNCIL; OVERRIDE OF VETO.

No. 395 (Senate Bill No. 390).

AN ACT

To amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to provide for the override of a mayoral veto under certain circumstances; 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 Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, is amended by revising subsection (c) of Section 3.23 as follows:
"(c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting, and should the city council then or at its next general meeting adopt the ordinance by an affirmative vote of at least four councilmembers, it shall become law."

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

GEORGIA LAWS 2016 SESSION

3657

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia, a bill to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991, (Ga. L. 1991, p. 4359) as amended, particularly by an Act approved April 19, 2000, (Ga. L. 2000, p. 3766); to provide for related matters; to repeal conflicting laws; and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Emanuel Jones, Senator from District 10, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Henry Herald, which is the official organ of Henry County, on the 20th of January in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ EMANUEL JONES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 17th of February, 2016, Before me:

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

3658

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

My Commission Expires December 29, 2018 (SEAL)

Approved April 26, 2016.

__________

HANCOCK COUNTY BOARD OF ELECTIONS AND REGISTRATION; MANNER OF APPOINTMENT; MANNER OF SELECTION OF CHAIRPERSON.

No. 397 (Senate Bill No. 412).

AN ACT

To amend an Act to create a board of elections and registration for Hancock County and to provide for its powers and duties, approved April 20, 2011 (Ga. L. 2011, p. 3710), so as to change the manner of appointment of the board; to change the manner of selection of the chairperson; to provide for the continuation in office of the current members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to create a board of elections and registration for Hancock County and to provide for its powers and duties, approved April 20, 2011 (Ga. L. 2011, p. 3710), is amended by revising Section 3 as follows:

"SECTION 3. (a) The board shall be composed of five members who shall be appointed as provided in this section.
(b)(1) The initial members of the board shall be selected not later than July 1, 2011. (2) The county executive committee of the political party that nominated a candidate for the office of Governor at the last election for such office and whose candidate received the highest number of votes cast for such office in such general election shall appoint two members of the board. One of the appointees shall be designated by the county executive committee to serve a term of office beginning July 1, 2011, and ending on December 31, 2012, and one of the appointees shall be designated by the county executive committee to serve a term of office beginning July 1, 2011, and ending on December 31, 2014. (3) The county executive committee of the political party that nominated a candidate for the office of Governor at the last election for such office and whose candidate received the second highest number of votes cast for such office in such general election shall

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3659

appoint two members of the board. One of the appointees shall be designated by the county executive committee to serve a term of office beginning July 1, 2011, and ending on December 31, 2012, and one of the appointees shall be designated by the county executive committee to serve a term of office beginning July 1, 2011, and ending on December 31, 2014. (4) The member serving on the effective date of this paragraph who was appointed by the chief judge of the Superior Court of Hancock County shall serve until December 31, 2016, and then such member's term shall end. A successor to such member shall be appointed by the Board of Commissioners of Hancock County for a term beginning January 1, 2017, and ending on December 31, 2018. Thereafter, the board of commissioners shall select successors to such member on the board in accordance with paragraph (5) of this subsection who shall serve four-year terms of office and until their respective successors are appointed and qualified. (5) Successors to the initial members of the board shall be appointed by the respective appointing authorities at least 30 days immediately prior to the expiration of each respective member's term of office. Such successors shall serve four year terms of office and until their respective successors are appointed and qualified. (6) In the event that there is no county executive committee in Hancock County of a political party that is entitled to appoint members of the board, the state executive committee of such party shall make the appointments. (7) At the first meeting of the board in each odd-numbered year, the members of the board shall elect from among their number a member to serve as chairperson of the board."

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 2016 session of the General Assembly of Georgia a bill to amend an Act to create a board of elections and registration for Hancock County and to provide for its powers and duties, approved April 20, 2011 (Ga. L. 2011, p. 3710), so as to change the manner of appointment of the board; to change the manner of selection of the chairperson; to provide for the continuation in office of the current members of the board; to provide for related matters; and for other purposes.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, David Lucas, Senator from District 26, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Sparta Ishmaelite, which is the official organ of Hancock County, on the 18th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ DAVID LUCAS Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 22nd of February, 2016, Before me:

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

Approved April 26, 2016.

__________

GEORGIA LAWS 2016 SESSION

3661

WAYNE COUNTY STATE COURT; JUDGE AND SOLICITOR; COMPENSATION.

No. 399 (Senate Bill No. 419).

AN ACT

To amend an Act establishing the State Court of Wayne County (formerly the City Court of Jesup, in and for the County of Wayne), approved July 31, 1916 (Ga. L. 1916, p. 248), as amended, particularly by an Act approved April 28, 2001 (Ga. L. 2001, p. 4563), so as to change the salary of the judge and solicitor; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act establishing the State Court of Wayne County (formerly the City Court of Jesup, in and for the County of Wayne), approved July 31, 1916 (Ga. L. 1916, p. 248), as amended, particularly by an Act approved April 28, 2001 (Ga. L. 2001, p. 4563), is amended by revising Section 3 as follows:
"Section 3. The judge of the State Court of Wayne County shall be paid an annual salary equal to the sum of 90 percent of the annual salary, including base salary and all county supplements, of a judge of the superior court. Such salary shall be paid in monthly installments from the funds of Wayne County at the direction of the board of commissioners of Wayne County."

SECTION 2. Said Act is further amended by revising Section 4 as follows:
"Section 4. The solicitor of the State Court of Wayne County shall be paid an annual salary equal to the sum of 90 percent of the annual salary, including base salary and all county supplements, of a judge of the superior court. Such salary shall be paid in monthly installments from the funds of Wayne County at the direction of the board of commissioners of Wayne County."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to amend an Act establishing the State Court of Wayne County

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(formerly the City Court of Jesup, in and for the County of Wayne), approved July 31, 1916 (GA. L. 1916, p. 248), as amended, particularly by an Act approved April 28, 2001 (GA. L. 2001, p. 4563); and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Tommie Williams, Senator from District 19, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Press-Sentinel, which is the official organ of Wayne County, on the 17th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ TOMMIE WILLIAMS Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 23rd of February, 2016, Before me:

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

Approved April 26, 2016.

GEORGIA LAWS 2016 SESSION

3663

NEWTON COUNTY BOARD OF COMMISSIONERS; REESTABLISH; DISTRICTS; CHAIRPERSON; COUNTY MANAGER; CLERK; ETHICS; MEETINGS; BUDGETING AND EXPENDITURES.

No. 401 (Senate Bill No. 423).

AN ACT

To reestablish the Board of Commissioners of Newton County; to supersede the laws pertaining to the governing authority of Newton County; to provide for a board of commissioners, commissioner districts, a chair of the board, a county manager, a clerk to the board, and ethics provisions; to provide for meetings, agendas, and the conduct of meetings; to provide for budgeting, audits, financial condition, and approval of expenditures; to provide for an effective date; to provide for the repeal of existing enabling legislation and other conflicting laws; to provide for related matters; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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

"ARTICLE 1 BOARD OF COMMISSIONERS
SECTION 1-101. Creation of board of commissioners.

(a) There is created in and for the County of Newton a chair and board of commissioners to be elected and organized as provided for in this Act. The chair and board of commissioners shall exercise the powers, duties, and responsibilities vested in and upon said officers by the provisions of this Act. The term 'board' or the term 'commission,' whenever used in this Act, shall mean the board of commissioners of Newton County, including the chair and all members. (b) The board of commissioners of Newton County in existence immediately prior to the effective date of this Act is continued in existence, but on and after the effective date of this Act shall be constituted as provided in this Act. The board of commissioners of Newton County so continued and constituted shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to the effective date of this Act.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(c) Those members of the board 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. (d) On and after the effective date of this Act, the board of commissioners of Newton County shall consist of five members, all of whom shall be elected from commissioner districts described in Section 1-102 of this Act.

SECTION 1-102. Commissioner districts.

(a) For purposes of electing members of the board of commissioners, Newton County is divided into five commissioner districts. One member of the board shall be elected from each such district. The five commissioner districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: newtonccsbR-2012 Plan Type: Local Administrator: Newton User: SE'.
(b)(1) For the purposes of such plan: (A) The term Voter Tabulation District (hereinafter referred to as '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 Newton County which is not included in any district described in 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 Newton County which is described in this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (c) Commissioner Districts 1 through 5, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Commissioner Districts 1 through 5, respectively, but as 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

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deemed to be serving from and representing their respective districts as newly described under this Act.

SECTION 1-103. Board of commissioners.

(a) There shall be elected to the board of commissioners of Newton County one member from each of the commissioner districts who shall be elected only by the qualified voters of the commission district that member represents. (b) The members of the reconstituted board of commissioners of Newton County shall be elected as provided in this subsection.
(1) The first members from Commissioner Districts 1, 3, and 5 shall be elected at the general election on the Tuesday next following the first Monday in November, 2016. Those members of the board elected thereto from Commissioner Districts 1, 3, and 5 in 2016 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2020, and upon the election and qualification of their respective successors. (2) The terms of office of the members from Commissioner Districts 2 and 4 in office on December 31, 2016 shall expire on December 31, 2018. The members from Commissioner Districts 2 and 4 shall be elected at the general election on the Tuesday next following the first Monday in November, 2018. Those members of the board elected thereto from Commissioner Districts 2 and 4 in 2018 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2022, and upon the election and qualification of their respective successors. (3) All future successors to members of the board whose terms of office are to expire shall be elected at the time of the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (c) No person shall be eligible to represent a commission district unless that person is at least 21 years of age and has been a resident of Newton County at least 12 months and is a resident of the district from which the person offers as a candidate. In the event a member moves the member's residence from the district being served, that place on the board shall immediately become vacant. (d) The board of commissioners of Newton County shall be the legislative, policymaking body of Newton County. Said board shall exercise all of the powers, duties, and responsibilities hereinafter provided for, as well as all other powers, duties, and responsibilities which are vested in governing authorities of the counties of this state by the Constitution and general laws of Georgia. Without limiting the general legislative powers

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of the board to undertake and transact such business as is necessary for the orderly conduct of county affairs, the following powers are vested in the board of commissioners and reserved to its exclusive jurisdiction:
(1) To adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this Act or state law, as may be necessary or proper for the purpose of carrying into effect the powers conferred by this Act and state law and for the promotion and protection of the safety, health, peace, security, environment, and general welfare of the inhabitants of Newton County; (2) To adopt, and from time to time amend, the budget; (3) To levy taxes, make appropriations, and fix the rates of all other charges; (4) To authorize the incurring of indebtedness; (5) To set the salary and wage ranges and numbers of employees in each range at the first meeting of each fiscal year or as part of the budget approval process; (6) To authorize and provide for the execution of contracts; (7) To establish, alter, open, close, build, repair, or abolish public roads, private ways, and bridges, according to law; (8) To exercise all power, duty, and authority in respect to zoning and planning; (9) To establish a yearly work plan and set all specifications for work to be done in the county; (10) To determine the priority of capital improvements; (11) To make periodic inspections of county properties and of the work being carried on by the county; (12) To appoint the county manager and county clerk as provided in this Act and enter into contracts of employment for these positions; (13) To enter into contracts of employment for needed professional services, including but not limited to legal, accounting, and auditing services; and (14) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county. (e)(1) Except as otherwise provided in this Act, the board shall not enter into administrative acts. (2) Except as otherwise provided in this Act, members of the board shall not contact employees or personnel of the county in relation to any duty or work habits of said employee, or to request any service or actions on the part of said employee except through the county manager. This limitation shall not limit contact by members of the board as a matter of inquiry to obtain information necessary to allow said members to carry out their duties. (f)(1) The board shall develop and maintain a work plan, outlining the work that shall be taken up under the direction of the chair and manager for each fiscal year. (2) The work plan shall not authorize action or set forth any expenditures which would cost in excess of the amount of funds budgeted.

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(g)(1) Prior to January 1, 2021, the members of the board shall receive an annual base salary which shall be equal to 20 percent of the base salary of the sheriff. Beginning January 1, 2021, the members of the board shall receive an annual base salary of $25,000.00. (2) Cost-of-living increases shall be added to the base salary equivalent to the average percentage of the general increase in salary as may from time to time be granted to the executive, judiciary, and legislative branches of state government, as calculated by the State Office of Planning and Budget. (3) Members of the board shall receive reimbursement for actual and necessary expenses incurred as a result of performing their official duties. The members of the board shall receive reimbursement for mileage driven on county business in a personal vehicle. Such reimbursement shall correspond to the rate per mile authorized for employees of the State of Georgia. Reimbursements shall be paid only upon presentation of an itemized statement of expenses and mileage. (h)(1) In the event a vacancy occurs on the board by death, resignation, or otherwise, and the unexpired term for such office exceeds 180 days before the date of election for such office, it shall be the duty of the county election superintendent to call a special election to elect a successor and fill the vacancy in not less than 30 nor more than 60 days. The election shall be held as provided by Chapter 2 of Title 21 of the Official Code of Georgia Annotated, and the cost of the election shall be defrayed by the county governing authority. (2) In the event a vacancy occurs on the board by death, resignation, or otherwise, and the unexpired term for such office is 180 days or less before the date of election for such office, the remaining members shall appoint a person to fill such vacancy until a successor takes office after the next general election. (3) Any person appointed by the board to fill a vacancy shall reside within the commission district in which said vacancy occurred, and any person elected to fill a vacancy shall reside within the commission district in which said vacancy occurred and shall be elected in the same manner as the member whose position is vacant.

SECTION 1-104. Board of commissioners chair.

(a) There shall be a chair of the board of commissioners of Newton County ('chair') who shall be elected by the qualified electors of the entire county. (b) The first chair shall be elected at the general election on the Tuesday next following the first Monday in November, 2016. The chair elected thereto in 2016 shall take office the first day of January immediately following that election and shall serve for an initial term of office which expires December 31, 2020, and upon the election and qualification of the chair's respective successor. Thereafter, successors to the chair shall be elected at the general election which is conducted in that year in which the term of office expires, and

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shall take office on the first day of January following such election for a term of four years and until a successor is duly elected and qualified. (c) No person shall be eligible to serve as chair unless that person is at least 21 years of age and has been a resident of Newton County for at least 12 months immediately preceding the date of the election. In the event the chair moves residence from Newton County, the office of chair shall be declared vacant. (d) The chair shall be the chief executive officer of Newton County. The following powers and duties are vested in the chair:
(1) To be the official spokesman for the county government and the chief advocate of policy as established by the board; (2) To be available to the constituency, citizens, and civic associations on a regular basis; (3) To preside at all meetings of the board; (4) To coordinate with the county manager in setting the agenda for regular and specially called meetings of the board; (5) To vote in the event of a tie; (6) To veto acts of the governing authority approved by no more than three members, provided that:
(A) Any such veto, in order to be effective, shall be provided by the chair in writing, including an identification of the reason or reasons for the veto, to the county clerk no more than eight days after the occurrence of the act; (B) The county clerk shall provide a copy of the veto to the other members of the governing authority within five business days of receipt of the veto; and (C) No later than 60 days after the date of the receipt of the veto by the county clerk, the veto may be overturned by a vote of at least four members of the governing authority at any regularly scheduled meeting of the governing authority; (7) To execute ordinances and resolutions on their final passage and sign deeds, bonds, contracts, and other instruments and documents in any case in which the general laws of this state or any ordinance or resolution of the board so require or authorize; (8) To issue proclamations honoring and recognizing the achievements and contributions of citizens; (9) To coordinate intergovernmental activity among municipalities, other counties, state, and federal agencies; (10) To represent the board in matters involving the relationship of the county government with elected county officers; (11) To coordinate with the county legislative delegation on matters that impact county government; (12) To coordinate with the Chamber of Commerce and encourage economic development; (13) To represent the county government at ceremonial functions; (14) To submit a list of qualified candidates for the position of county manager as provided in this Act;

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(15) To ratify the removal of the county manager as provided in this Act; (16) To call special meetings of the board of commissioners as provided in this Act; (17) To coordinate with the county manager on the implementation of the work plan approved by the board; and (18) To perform such additional duties as may be required by law or ordinances or resolutions of the board. (e) Acts of the chair shall be binding unless four members of the board shall make their objections known within 30 days of an act, stating the reasons therefor, at an official meeting of the board, or if a meeting is not scheduled to be held prior to said action by the chair becoming effective, then four members of the board shall make their objections known to the chair, in writing, stating their objections and the reasons therefor, and said action by the chair shall be stayed until the next official meeting of the board. At such official meeting of the board, at least four of the members of the board may vote to override the action of the chair and thereby render this prior action nugatory. (f) Should the chair fail to exercise any of the duties provided for by law, a member of the board, at the next regular meeting, may bring a written accusation against such chair outlining the duties that such chair failed to exercise, and order said chair to show cause why such duties have not been exercised. Such accusation shall be entered in the minutes of the meeting. The chair shall then be afforded an opportunity to respond to such charges and show cause why such duties have not been exercised, if in fact such duties were not exercised. Such response shall also be entered in the minutes of the meeting. If, after such accusation, response, and further discussion, a majority of the members of the board, excluding the chair, feels that it is necessary for the welfare of the county to compel such chair to exercise such duties, the board may exercise the duty themselves or may make a written request to the Judge of the Superior Court of Newton County to issue a writ of mandamus commanding the chair to exercise such duties. (g)(1) The salary of the chair shall be as set forth by 'An Act to Provide for a Change in the Compensation of the Sheriff, the Tax Commissioner, the Judge of the Probate Court, the Clerk of the Superior Court, and the chairman of the Board of Commissioners of Newton County to Reflect Increases in the Cost of Living; to Define Certain Terms; to Provide an Effective Date; to Repeal Conflicting Laws; and for Other Purposes,' approved April 6, 1981 (1981 Ga. Laws, p. 3304), and amended March 21, 1989 (1989 Ga. Laws, p. 3983) and March 25, 1994 (1994 Ga. Laws, p. 4156) or as otherwise determined by the General Assembly. (2) Cost-of-living increases shall be added to the base salary equivalent to the average percentage of the general increase in salary as may from time to time be granted to the executive, judiciary, and legislative branches of state government, as calculated by the State Office of Planning and Budget. (3) The chair shall receive reimbursement for actual and necessary expenses incurred as a result of performing his or her official duties. The chair shall receive reimbursement for mileage driven on county business in a personal vehicle. Such reimbursement shall

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correspond to the rate per mile authorized for employees of the State of Georgia. Reimbursements shall be paid only upon presentation of an itemized statement of expenses and mileage. (h)(1) In the event a vacancy occurs in the office of chair by death, resignation, or otherwise, and the unexpired term for such office exceeds 180 days before the date of election for such office, it shall be the duty of the county election superintendent to call a special election to elect a successor and fill the vacancy in not less than 30 nor more than 60 days. The election shall be held as provided by Chapter 2 of Title 21 of the Official Code of Georgia Annotated, and the cost of the election shall be defrayed by the county governing authority. (2) In the event a vacancy occurs in the office of chair by death, resignation, or otherwise, and the unexpired term for such office is 180 days or less before the date of election for such office, a majority of the members of the board shall appoint a person to fill such vacancy until a successor takes office after the next general election.

SECTION 1-105. County manager.

(a) There is hereby created the office of county manager of Newton County, hereinafter at times referred to as 'manager'.
(b)(1) The manager shall be appointed by a majority of the members of the board from a list of qualified candidates to be provided by the chair. Provided sufficient applications are received, the chair shall submit at least three candidates for consideration by the board. In the event less than three candidates are submitted, all applications shall be provided to the board for review and determination of whether additional candidates should be added to the list provided by the chair. (2) The terms and conditions of the manager's appointment shall be provided for by contract to be approved by the board. (3) The manager shall serve at the pleasure of the board; however, any decision to remove the manager shall be ratified by the chair. If the chair does not ratify a decision to remove the manager, the manager may only be removed by the vote of at least four board members. (c) The manager shall be the administrative officer of Newton County and shall be responsible for the proper and efficient administration of all affairs of the county, except as otherwise provided in this Act or by law. It shall be the duty of the manager: (1) To ensure all laws and ordinances of the county are enforced; (2) To implement the work plan approved by the board and coordinate with the chair on the implementation of the work plan; (3) To exercise control over all departments or divisions of the county, including:
(A) Facilitating internal and external communication throughout all levels of the organization;

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(B) Assisting departments with the resolution of problems that require the attention of count management; and (C) Informing the chair on departmental activities; (4) To manage and supervise county staff and department heads with the exception of employees of other elected county officials and the board of tax assessors, including the following: (A) To hire, determine compensation within the range approved by the board, train, evaluate performance, discipline, and terminate classified employees in coordination with the Human Resources Director and in accordance with the county's personnel policies; (B) To appoint department heads subject to ratification by the board and to train, determine compensation within the range approved by the board, evaluate performance, discipline, and terminate department heads; provided, however, that department heads shall have a right to appeal any termination decision to the board; and (C) To report to the board monthly on all positions to be filled in the ensuing month and all suspensions or replacements thereof which took place in the prior month. All said reports shall be spread upon the minutes of the board; (5) To supervise and regulate all purchase of materials and supplies for Newton County within such limitations and under such rules and regulations as may be imposed by the board; (6) To supervise the performance of all contracts for work done and services provided for Newton County and provide recommendations to the board on contract renewals; (7) To keep the board fully advised as to the financial condition and needs of the county as provided in this Act; (8) To work with the finance director and consult with the chair in the development of the annual budget as provided in this Act; (9) To oversee and participate in the resolution of inquiries and complaints from the public and other organizations; (10) To attend all meetings of the board with the right to brief the board on pending agenda items and take part in the discussions, provided that the manager shall have no vote on any matter or issue before the board; (11) To respond to inquiries and provide commissioners with information on the status of county operations and projects; (12) To provide analysis as needed to assist the board to make informed policy decisions; (13) To report to the chair regarding day to day operations and preparation of preliminary agenda items; and (14) To perform such other duties as may be required by the board.

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SECTION 1-106. Board of commissioners clerk.

(a) The board shall have the authority to appoint a clerk and deputy clerks by affirmative vote of three of the members of the board, and the clerk shall serve at the pleasure of the board. (b) The clerk shall keep all books and records of the board and shall perform all duties required to keep the board's office open and all records open to public inspection as required by law. (c) The clerk shall receive such compensation as shall be determined by the board.

SECTION 1-107. Ethics.

(a) It is essential to the proper administration and operation of the Newton County government that public officials 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 Newton County public officials. 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 Newton County public officials, the chair and members of the board shall adhere to all ethical standards established by all applicable general laws of the State of Georgia and by the Newton County Code of Ethics and any such ordinance or ordinances as may be adopted from time to time by the board with respect to the conduct of such public officials. (b) The chair and members of the board shall, before entering upon the duties of their office, make oath before the Judge of the Probate Court of said county to faithfully administer all things and affairs coming under their jurisdiction as county commissioners to the best interests of the county and to carry out the provisions of this Act.
(c)(1) The chair and members of the board, before entering upon their duties of office, shall give a good and sufficient bond to be approved by the Judge of the Probate Court of said county in the sum of $10,000.00 for the faithful discharge of their duties as county commissioners. (2) For any violations or neglect of duty as provided by this Act, said bonds shall become actionable, suit thereon to be brought in the name of the Judge of the Probate Court of said county, for the use of any person damaged thereby, or for the County of Newton for any breach thereof by malfeasance or misfeasance in office or for any tort, or wrong committed under color of office.

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ARTICLE 2 MEETINGS OF THE BOARD OF COMMISSIONERS
SECTION 2-101. Meeting schedule.

(a) No later than December of each year, the board shall set the regular meeting schedule for the upcoming year. Said meeting schedule shall include a minimum of one meeting per month. (b) There shall be such other special called meetings or work sessions as may be called by the chair or three board members during each month.

SECTION 2-102. Agenda.

(a)(1) The chair and county manager shall coordinate on the placement of items on the agenda which shall be prepared by the clerk. (2) Any matters which any individual member of the board wishes to be brought before the board shall be submitted to the clerk, in writing, with a copy to the chair and county manager. (b) Board members shall be provided with a copy of the agenda and all supporting documentation as required by the Georgia Open Meetings Act and as otherwise required by any Newton County local procedural rules. If the local rules conflict with the Open Meetings Act, the Open Meetings Act shall control. (c) The agenda shall be approved by the board as required by the Georgia Open Meetings Act and as otherwise required by any Newton County local procedural rules. If the local rules conflict with the Open Meetings Act, the Open Meetings Act shall control. (d) Notwithstanding the foregoing subsections, the failure to include on the agenda an item which becomes necessary to address during the course of a meeting shall not preclude consideration or action upon same.

SECTION 2-103. Conduct of meetings.

(a) The chair shall preside at all meetings of the board, and in the absence of the chair, the member of the board designated as vice chair shall preside and act as chair. (b) Three members of the board shall constitute a quorum for the transaction of business.
(c)(1) Except as otherwise specified herein, the affirmative vote of at least three board members, or, in the event of a tie, two board members and the chair, shall be necessary to take official action. (2) The vote of at least four board members shall be required to approve any amendments to this Act the board is authorized by law to make or to approve ordinances

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or resolutions changing the powers or responsibilities of the board members, chair, or county manager.

ARTICLE 3 FINANCE SECTION 3-101.
Budget.

(a) The annual budget shall set forth all the anticipated revenues and expenditures for the ensuing fiscal year to begin July 1 of each year and going through June 30, setting forth in detail all categories where funds are to be received or expended. Budgeted expenditures shall not exceed the anticipated revenues of Newton County as based upon the tax digest for the current tax year as approved and upon such other moneys as were received by Newton County from all other sources during the previous fiscal year. (b) The manager shall work with the finance director and consult with the chair in the development of a budget for consideration by the board. In developing the budget, the manager shall prepare the board's administrative offices budget, and review departmental budget requests and requests for appropriations. An initial draft budget shall be submitted to the board by April 1 of each year. (c) Notwithstanding any other provision of any other local law to the contrary, the Judge of the Probate Court, the Sheriff, the Clerk of the Superior Court, and the Tax Commissioner of Newton County shall prepare budgets for the ensuing fiscal year based on the same fiscal year as the board and shall submit proposed budgets to the board by June 1 of each year. (d) Notwithstanding any other provision of any other local law to the contrary, with regard to the budget of any elected official of Newton County, who is required under law to submit a budget for the operation of his or her office to the board, the board shall have the power and authority to determine the amount which shall represent the final budget of said officials and only those amounts so determined by said board shall be paid from the funds of the county. After the board approves the budget of said officials, it will become the responsibility of the officials to administer the budget. (e) The manager shall coordinate the scheduling of budget meetings and, in consultation with the legal counsel, ensure compliance with all legal and procedural requirements for budget adoption. (f) The board shall approve a budget prior to the first day of the fiscal year; however, if for good and sufficient reasons, a budget cannot be adopted by the first day of the fiscal year, the budget shall be adopted not later than 30 days subsequent thereto. If the budget is not adopted prior to the beginning of the fiscal year, a resolution authorizing the continuation of necessary and essential expenditures to operate the county shall be adopted prior to any actual expenditure.

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SECTION 3-102. Audit.

(a) At the end of each fiscal year, it shall be the duty of an auditor selected by the board to audit the financial affairs and transactions of all funds and activities of the board, the Judge of the Probate Court, the Sheriff, the Clerk of the Superior Court, and the Tax Commissioner and to return said audits to the board. (b) In conducting said audit, the auditor shall have the power to examine on oath the chair, any board member, or any other public official set out herein or any person serving under the board or any other public official set out herein relative to any account or item on the books and accounts or any transaction in said office. (c) Said auditor shall perform its duties herein prescribed and submit a report of its findings as required by law and to the grand jury sitting at the fall term of the Newton Superior Court. (d) A summarized audit statement shall be published in the county legal organ.

SECTION 3-103. Financial condition.

In keeping the board fully advised as to the financial condition and needs of the county, the manager shall:
(1) Present to the board a monthly financial statement showing the revenues and expenditures of the previous month; (2) Present and publish such other financial reports as requested by the board; (3) Perform financial and managerial analyses pertaining to county operations and programs and other matters under consideration; and (4) Gather requested information, evaluate data, and make recommendations on programs and other matters under consideration.

SECTION 3-104. Approval of expenditures.

(a) All purchases of Newton County, and the method for payment of same, shall be governed by all applicable general laws of the State of Georgia and by any such ordinance or ordinances as may be adopted from time to time by the board.
(b)(1) The signature of the chair and the manager shall be required on all checks issued by Newton County. In the absence of either the chair or manager, the signature of any board member shall be required as the second signature. (2) Any check shall be deemed to be signed with the full knowledge of the intent and purposes for which said check was issued."

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SECTION 2. This Act shall become effective on January 1, 2017.

SECTION 3. The Act creating a board of commissioners of Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), and all amendments thereto, and all other laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to reestablish the Board of Commissioners of Newton County; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Rick Jeffares, Senator from District 17, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Covington News, which is the official organ of Newton County, on the 21st of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ RICK JEFFARES 17th Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 2nd of March, 2016, Before me:

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

Approved April 26, 2016.

__________

CITY OF RINGGOLD MAYOR AND COUNCIL; COMPENSATION, RULES OF PROCEDURE, QUORUM, REMOVAL OF CITY MANAGER, COUNCIL INTERFERENCE, AND SELECTION OF MAYOR AND MAYOR PRO TEMPORE; MEMBERSHIP OF BOARDS, COMMISSIONS, AND AUTHORITIES; VACANCIES.

No. 410 (Senate Bill No. 425).

AN ACT

To amend an Act to provide for a new charter for the City of Ringgold, approved May 6, 2009 (Ga. L. 2009, p. 3624), so as to modify compensation and expenses, rules of procedure, a quorum, removal of the city manager, council interference with administration, and selection of the mayor and mayor pro tempore; to modify membership of boards, commissions, and authorities; to modify provisions for vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide for a new charter for the City of Ringgold, approved May 6, 2009 (Ga. L. 2009, p. 3624), is amended by revising Section 2.13 as follows:

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"SECTION 2.13. Compensation and expenses.

The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance. Compensation will be reviewed in the odd years at the second meeting in April."

SECTION 2. Said Act is further amended by revising subsection (b) of Section 2.20 as follows:
"(b) All committees and committee chairs and officers of the city council shall be appointed by the mayor and approved by the council and shall serve at the pleasure of the mayor with the approval of the council. The mayor shall have the power to appoint new members to any committee at any time upon approval of the council. The mayor will designate the chairperson of each committee, which chairperson shall be responsible to ensure all applicable laws, procedures, rules, and regulations are followed by the committee. The mayor or a councilmember may participate as an ex officio member of any committee."

SECTION 3. Said Act is further amended by revising subsection (a) of Section 2.21 as follows:
"(a) Four councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. The mayor shall vote in case of a tie. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion."

SECTION 4. Said Act is further amended by revising Section 2.28 as follows:

"SECTION 2.28. Removal of city manager.

The city manager shall be employed at will and may be summarily removed from office at any time by vote in favor of removal by all members of the city governing authority, less one."

SECTION 5. Said Act is further amended by revising Section 2.31 as follows:

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"SECTION 2.31. Council interference with administration.

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

SECTION 6. Said Act is further amended by revising Section 2.32 as follows:

"SECTION 2.32. Selection of mayor and mayor pro tempore.

At every other regular municipal election, the voters of the city shall elect a mayor at large for a term of four years. Every two years, at the initial meeting of the city council on the second Monday in January, following the regular municipal elections, the council shall elect from among its members a mayor pro tempore who shall act as mayor during the absence or disability of the mayor, but shall only vote once on matters before the council, and, if a vacancy occurs, shall become mayor for the remainder of the unexpired term provided that the unexpired term is not over 12 months. If the vacancy will be over 12 months, an election will be held to fill the unexpired term of the mayor and the mayor pro tempore will act as mayor until such election is held and the new mayor is sworn in."

SECTION 7. Said Act is further amended by revising subsection (d) of Section 3.11 as follows:
"(d) An elected official may serve as an appointed member of a board, commission, or authority of the city."

SECTION 8. Said Act is further amended by revising Section 5.14 as follows:

"SECTION 5.14. Special elections; vacancies.

In the event that the office of a councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, that, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all

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other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended."

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

Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to amend an Act to provide a new charter of the City of Ringgold, approved May 6, 2009 (Ga. L. 2009, p. 3624); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Jeff Mullis, Senator from District 53, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Catoosa County News, which is the official organ of Catoosa County, on the 24th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ JEFF MULLIS Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 4th of March, 2016, Before me:

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

Approved April 26, 2016.

__________

BARTOW COUNTY COMMISSIONER; COMPENSATION.

No. 411 (Senate Bill No. 430).

AN ACT

To amend an Act creating the office of commissioner of Bartow County, approved July 28, 1924 (Ga. L. 1924, p. 276), as amended, particularly by an Act approved April 20, 2001 (Ga. L. 2001, p. 4414), so as to change the cost-of-living adjustment for the commissioner's compensation; 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 Bartow County, approved July 28, 1924 (Ga. L. 1924, p. 276), as amended, particularly by an Act approved April 20, 2001 (Ga. L. 2001, p. 4414), is amended by revising subsection (b) of Section 16 as follows:
"(b) Beginning on January 1, 2002, and on the first day of January of each year thereafter, the base salary of the commissioner shall be increased by 4 percent. Effective on January 1, 2017, no further increase in the base salary shall be granted, except as granted by general law or the provisions of subsection (c) of this section."

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 2016 session of the General Assembly of Georgia a bill to amend an Act creating the office of commissioner of Bartow County, approved July 28, 1024 (Ga. L. 1924, p. 276), as amended, particularly by an Act approved April 20, 2001 (Ga. L. 2001, p. 4414); and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Bruce Thompson, Senator from District 14, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Daily Tribune News, which is the official organ of Bartow County, on the 4th of March in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ BRUCE THOMPSON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of March, 2016, Before me:

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

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My Commission Expires December 29, 2018 (SEAL)

Approved April 26, 2016.

__________

CITY OF CARTERSVILLE HOTEL/MOTEL TAX.

No. 412 (Senate Bill No. 431).

AN ACT

To authorize the governing authority of the City of Cartersville 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 Cartersville 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. 03-16 of the governing authority of the City of Cartersville on February 4, 2016, 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 Cartersville:
(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,

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conventions, and trade shows by the destination marketing organization designated by the City of Cartersville; provided, however, that the City of Cartersville may exercise its option under paragraph (2) of subsection (e) of Code Section 48-13-51 of the O.C.G.A. to contract with an entity qualified under such provision; and (2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Cartersville 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.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Bruce Thompson, Senator from District 14, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Daily Tribune News, which is the official organ of Bartow County, on the 4th of March in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

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s/ BRUCE THOMPSON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of March, 2016, Before me:

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

My Commission Expires December 29, 2018 (SEAL)

Approved April 26, 2016.

__________

BARTOW COUNTY HOTEL/MOTEL TAX.

No. 413 (Senate Bill No. 432).

AN ACT

To authorize the governing authority of Bartow 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 Bartow County is authorized to levy an excise tax at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations 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.

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SECTION 2. The enactment of this Act is subsequent to the adoption of a resolution on February 3, 2016, by the county commissioner of Bartow County specifying a new hotel/motel tax, pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A., and 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 governing authority of Bartow County:
(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 Bartow 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 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 2016 session of the General Assembly of Georgia a bill to authorize the governing authority of Bartow County 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.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Bruce Thompson, Senator from District 14, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:

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(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Daily Tribune News, which is the official organ of Bartow County, on the 4th of March in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ BRUCE THOMPSON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of March, 2016, Before me:

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

Approved April 26, 2016.

__________

CITY OF EMERSON HOTEL/MOTEL TAX.

No. 414 (Senate Bill No. 433).

AN ACT

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

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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 Emerson 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. 2016-002 of the governing authority of the City of Emerson on February 22, 2016, 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 Emerson:
(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 Emerson; provided, however, that the City of Emerson may exercise its option under paragraph (2) of subsection (e) of Code Section 48-13-51 of the O.C.G.A. to contract with an entity qualified under such provision; and (2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Emerson to

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levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Bruce Thompson, Senator from District 14, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Daily Tribune News, which is the official organ of Bartow County, on the 4th of March in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ BRUCE THOMPSON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of March, 2016, Before me:

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

Approved April 26, 2016.

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BARTOW COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; COMPENSATION.

No. 415 (Senate Bill No. 434).

AN ACT

To amend an Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, approved March 18, 1985 (Ga. L. 1985, p. 3788), as amended, particularly by an Act approved April 28, 2006 (Ga. L. 2006, p. 3817), so as to change provisions relating to cost-of-living adjustments to the compensation of the chief magistrate; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, approved March 18, 1985 (Ga. L. 1985, p. 3788), as amended, particularly by an Act approved April 28, 2006 (Ga. L. 2006, p. 3817), is amended by revising subsection (b) of Section 1 as follows:
"(b) Effective on January 1, 2017, the base salary of the chief magistrate shall increase by the percentage cost of living adjustment provided at subsection (c) of Code Section 15-10-23 of the O.C.G.A. to increase state minimum salaries for chief magistrates."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, approved March 18, 1985 (Ga. L. 1985, p. 3788), as amended, particularly by an Act approved April 28, 2006 (Ga. L. 2006, p. 3817); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Bruce Thompson, Senator from District 14, state on oath as follows:

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(1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Daily Tribune News, which is the official organ of Bartow County, on the 4th of March in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ BRUCE THOMPSON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of March, 2016, Before me:

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

Approved April 26, 2016.

__________

3692

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II CITY OF ADAIRSVILLE HOTEL/MOTEL TAX. No. 416 (Senate Bill No. 435).

AN ACT
To authorize the governing authority of the City of Adairsville 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 Adairsville 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. 16-0002 of the governing authority of the City of Adairsville on February 11, 2016, 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 Adairsville:
(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 Adairsville; provided, however, that the City of Adairsville may exercise its option under paragraph (2) of subsection (e) of Code Section 48-13-51 of the O.C.G.A. to contract with an entity qualified under such provision; and

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Adairsville 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.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Bruce Thompson, Senator from District 14, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Daily Tribune News, which is the official organ of Bartow County, on the 4th of March in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ BRUCE THOMPSON Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of March, 2016, Before me:

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

My Commission Expires December 29, 2018 (SEAL)

Approved April 26, 2016.

__________

BARTOW COUNTY CLERK OF SUPERIOR COURT; COMPENSATION.

No. 417 (Senate Bill No. 436).

AN ACT

To amend an Act placing certain of the county officers of Bartow County upon an annual salary, approved March 21, 1958 (Ga. L. 1958, p. 2866), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 4046), so as to change provisions relating to cost-of-living adjustments to the compensation of the clerk of the superior 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 placing certain of the county officers of Bartow County upon an annual salary, approved March 21, 1958 (Ga. L. 1958, p. 2866), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 4046), is amended by revising paragraph (2) of subsection (a) of Section 3 as follows:
"(2) Effective on January 1, 2017, the base salary of the clerk shall increase by the percentage cost-of-living adjustment provided at subsection (b) of Code Section 15-6-88 of the O.C.G.A. to increase state minimum salaries for clerks."

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 2016 session of the General Assembly of Georgia a bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary, approved March 21, 1958 (Ga. L. 1958, p. 2866), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 4046); and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Bruce Thompson, Senator from District 14, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Daily Tribune News, which is the official organ of Bartow County, on the 4th of March in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ BRUCE THOMPSON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of March, 2016, Before me:

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

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My Commission Expires December 29, 2018 (SEAL)

Approved April 26, 2016.

__________

TELFAIR COUNTY COUNTY OFFICERS; TERM LIMITS; REPEAL OF LOCAL CONSTITUTIONAL AMENDMENT; REFERENDUM.

No. 418 (Senate Bill No. 438).

AN ACT

To repeal the amendment to the Constitution of Georgia providing that the county officers of Telfair County shall be ineligible to hold office under certain conditions; to provide for legislative intent; to provide for a referendum with respect to the effectiveness of the foregoing; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The amendment to the Constitution of Georgia providing that the county officers of Telfair County shall be ineligible to hold office under certain circumstances, which amendment was proposed by 1963 House Resolution No. 102-230, Resolution Act No. 76 (Ga. L. 1963, p. 705) and was continued in force and effect by an Act approved March 25, 1986 (Ga. L. 1986, p. 4527), is hereby repealed.

SECTION 2. The election superintendent of Telfair County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Telfair County for approval or rejection. The election superintendent shall conduct such election on the date of the 2016 General Election and shall issue the call and conduct such election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Telfair County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which repeals the amendment to the Constitution ( ) NO of Georgia that provided for term limits for the county officers of Telfair
County?"

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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, Section 1 of this Act shall become of full force and effect immediately. If this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective, and this Act shall be automatically repealed immediately. The expense of such election shall be borne by Telfair County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 3. In repealing this local constitutional amendment, it is the intent of the General Assembly to remove the term limits for the county officers of Telfair County who are the sheriff, the clerk of superior court, the judge of the probate court, and the tax commissioner. It is not the intent of the General Assembly to affect the term limitations for the members of the Board of Commissioners of Telfair County who shall remain subject to the term limit provisions of Section 20 of an Act approved June 3, 2003 (Ga. L. 2003, p. 3992), as amended. Consequently, it is the intent of the General Assembly to leave intact the consent order in the case of Clark v. Telfair County, Georgia, Commission, Civil Action No. CV 387-25, United States District Court for the Southern District of Georgia, Dublin Division, filed October 26, 1988.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to repeal the amendment to the Constitution of Georgia providing that the county officers of Telfair County shall be ineligible to hold office under certain conditions; to provide for legislative intent; to provide for a referendum with respect to the effectiveness of the foregoing; to provide. for contingent effective dates; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Tommie Williams, Senator from District 19, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached.

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(2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Telfair Enterprise, which is the official organ of Telfair County, on the 9th of March in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ TOMMIE WILLIAMS Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 14th of March, 2016, Before me:

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

My Commission Expires December 29, 2018 (SEAL)

Approved April 26, 2016.

__________

GEORGIA LAWS 2016 SESSION CITY OF BARWICK NEW CHARTER.
No. 419 (Senate Bill No. 439).

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AN ACT
To provide a new charter for the City of Barwick; to provide for incorporation, boundaries, powers and construction; to provide for a governing authority, its number, elections, terms, and qualifications, compensation and expenses, holding other offices and voting when financially interested, inquiries and investigations, power and authority, eminent domain, meetings, procedural rules, quorum and voting, ordinances, emergencies, technical codes, signing, authenticating, recording, codification, and printing of ordinances, a chief executive officer, powers and duties of the mayor, and a mayor pro tempore; to provide for city departments, city boards, commissions, and authorities, a city attorney, a city clerk, and personnel policies; to provide for a municipal court, municipal judges, convening, jurisdiction and powers, certiorari, rules, and indigent defense; to provide for elections, removal, and vacancies; to provide for taxes, regulatory fees and permits, franchises, service charges, special assessments, collection of taxes and fees, bonds, short-term loans, lease-purchase contracts, a fiscal year, budgets, changes in appropriations, audits, contracting procedures and purchasing, and sale and lease of property; to provide for bonds for officials, prior ordinances, existing personnel and officers, pending matters, and construction; 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. 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 Barwick, 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

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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 Barwick City Hall and to be identified by the city clerk as Official Map of the Corporate Limits of the City of Barwick, Georgia. A photographic, typed, or other copy of such map or description certified by the City of Barwick 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 of at-large of animals and fowl, and to provide for the impoundment of the same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder. (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 municipal corporations 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 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

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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 Official Code of Georgia Annotated. (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. (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.

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(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 in accordance with applicable law. (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. (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

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may be acquired by condemnation under procedures provided by the Official Code of Georgia Annotated 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; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so. (gg) Sewer Fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sanitary sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system. (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 the transportation of intoxicating liquors; to regulate junk dealers and pawn shops; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which the city may deem to be dangerous to persons or property; to regulate and control the conduct of peddlers and

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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 the extent allowed by general law, 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.

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. Regarding any matter for which 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 five councilmembers. The city council shall in all respects be a successor to and continuation of

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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. Mayor and city council terms and qualifications for office.

The mayor and members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. The mayor and members serving as such on July 1, 2016, shall continue to serve for the remainder of the terms to which they were elected. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for one year prior to the date of election of the mayor or member of the council; each person holding city office shall continue to reside therein during his or her period of service and to be registered and qualified to vote in municipal elections of this city.

SECTION 2.12. 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 Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. Provided, however, 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 remains in the unexpired term, otherwise by an election, as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated or other such laws as are or may hereafter be enacted.

SECTION 2.13. Compensation and expenses.

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

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SECTION 2.14. Conflicts of interest.

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

SECTION 2.15. Inquiries and investigations.

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

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

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

SECTION 2.17. Eminent domain.

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

SECTION 2.18. Organizational meetings.

The city council shall hold an organizational meeting at the first meeting in January following the regular election, as provided in Section 5.11 of this charter. The meeting shall

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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 Barwick, 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 Barwick for the time required by the Constitution and laws of the State of Georgia and the charter of the City of Barwick, so help me God."

SECTION 2.19. Regular and special meetings.

(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as reasonably possible as provided by O.C.G.A. Section 50-14-1, 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.

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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 2.21. Quorum; voting.

Three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by oral vote, and the vote shall be recorded in the journal; but any member of the city council shall have the right to request a roll call vote, and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. 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 Barwick," and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish. All ordinances shall have two separate readings; provided, however, the city council may dispense with the second reading with unanimous consent of the members present. Emergency ordinances, as provided in Section 2.24 of this charter, may be adopted on the same day that they are introduced without a second reading. Upon introduction of any ordinance, the city clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the city clerk and at such other public places as the city council may designate.

SECTION 2.23. Action requiring an ordinance.

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

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SECTION 2.24. Emergencies.

(a) To meet a public emergency affecting life, health, safety, property, or public peace, the city council may convene on call of the mayor or three councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent re-enactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law, and notice to the public of emergency meetings shall be made as fully as 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 2.25. Codes of technical regulations.

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

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

(a) The clerk shall authenticate by the clerk's signature and record in full, in a properly indexed book kept for that purpose, all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Barwick, 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 to incorporate 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 officer of this city. The mayor shall possess all of the executive and administrative power granted to the city under the Constitution and laws of the State of Georgia and all the executive powers contained in this charter.

SECTION 2.28. Powers and duties of mayor.

As the chief executive officer of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient; (3) Call special meetings of the city council as provided for in Section 2.19(b) of this charter;

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(4) Preside at all meetings of the city council and vote only in the event of a tie or when an affirmative or negative vote by the mayor constitutes a majority of three votes; (5) Provide for an annual audit of all accounts of the city; (6) Require any department or agency of the city to submit written reports whenever the mayor and council deem it expedient; and (7) Perform such other duties as may be required by law, this charter, or by ordinance.

SECTION 2.29. Mayor pro tempore; selection; duties.

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

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

(a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions and duties of and establish, abolish, alter, consolidate, or leave vacant 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 and directors of city departments under the supervision of the mayor and council shall be nominated by the mayor with confirmation of appointment by the city council. All appointed officers, directors, and department heads shall be employees-at-will and subject to removal or suspension at any time by the mayor and council, unless otherwise provided by law or ordinance.

SECTION 3.11. Boards, commissions, and authorities.

(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems

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

SECTION 3.12. City attorney.

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

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SECTION 3.13. City clerk.

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

SECTION 3.14. Personnel policies.

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

ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Municipal court creation.

There shall be a court to be known as the municipal court of the City of Barwick.

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) Judges serve at-will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.

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SECTION 4.12. Convening.

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

SECTION 4.13. Jurisdiction; powers.

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

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SECTION 4.14. Certiorari.

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

SECTION 4.15. Rules for court.

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

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

ARTICLE V ADMINISTRATION
SECTION 5.10. Applicability of general law.

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

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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 city councilmembers for Council Posts 1 and 4. Beginning in 2019, and every four years thereafter, on the Tuesday following the first Monday in November, there shall be an election for city councilmembers for Council Posts 2, 3, and 5. The terms of office shall begin at the organizational meeting as provided for in Section 2.18 of this charter.

SECTION 5.12. Nonpartisan elections.

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

SECTION 5.13. Election by majority.

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

SECTION 5.14. Special elections.

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

SECTION 5.15. Other provisions.

Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," as now or hereafter amended.

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SECTION 5.16. Removal of officers.

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

ARTICLE VI FINANCE
SECTION 6.10. Property tax.

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

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

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

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

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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 of the costs of such agencies by the delinquent tax payer, 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

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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-term loans.

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

SECTION 6.22. Lease-purchase contracts.

The city may enter into multi-year lease, purchase or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the

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requirements of O.C.G.A. Section 36-60-13 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 must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council, by ordinance, shall adopt the final operating budget for the ensuing fiscal year not later than the first day of the 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

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deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such unit, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof, to which it is chargeable.

SECTION 6.27. Tax levies.

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

SECTION 6.28. Change 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: (a) It is in writing; (b) It is drawn by or submitted and reviewed by the city attorney, and as a matter of course, is signed by the city attorney to indicate such drafting or review; and (c) It is made or authorized by the city council, and such approval is entered in the city council journal of proceedings pursuant to Section 2.20 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.

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.

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.

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

SECTION 7.15. Specific repealer.

An Act to provide a new Charter for the City of Barwick, Georgia, in the Counties of Thomas and Brooks, approved April 17, 1975 (Ga. L. 1975, p. 4226), as amended, is hereby repealed.

SECTION 7.16. Effective date.

This Act shall become effective on July 1, 2016.

GEORGIA LAWS 2016 SESSION SECTION 7.17. General repealer.
All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to provide a new charter for the City of Barwick; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Ellis Black, Senator from District 8, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Thomasville Times- Enterprise, which is the official organ of Thomas County, on the 11th of March in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ ELLIS BLACK Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 14th of March in the year 2016, Before me:

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

My Commission Expires December 29, 2018 (SEAL)

Approved April 26, 2016.

__________

CITY OF SOUTH FULTON INCORPORATION; REFERENDUM.

No. 421 (House Bill No. 514).

AN ACT

To incorporate the City of South Fulton in Fulton County, Georgia; to provide a charter for the City of South Fulton; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the offices of mayor and city manager and certain duties and powers relative to those offices; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for general homestead exemption; to provide for bonds for officials; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates; to provide for transition of powers and duties; to provide for directory nature of dates; to provide for a charter commission; to provide for severability; 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 South Fulton in Fulton County is incorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the "City of South Fulton." References in this charter to "the city" or "this city" refer to the City of South Fulton. The city shall have perpetual existence.

SECTION 1.11. Corporate boundaries.

The boundaries of the City of South Fulton shall include all unincorporated areas of Fulton County, including the Fulton County Industrial District, as such exist on July 1, 2016; provided, however, that, if the local constitutional amendment establishing the Fulton County Industrial District is not repealed or determined judicially to be of no force and effect prior to the first municipal election being conducted under this charter, the Fulton County Industrial District shall not become a part of the City of South Fulton. The boundaries of the city are more particularly described in Appendix A, attached to 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 1.12. Municipal powers.

(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following:
(1) Air and water pollution and environmental issues. 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 and to regulate any other environmental matters that would affect the quality of life within the boundaries of the city;

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(2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law; (5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) 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; (10) Ethics. To adopt ethics ordinances and regulations governing the conduct of municipal elected officials, appointed officials, and employees, establishing procedures for handling 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 punishment for violations thereof;

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(12) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (13) 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; (14) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (15) Health and sanitation. To prescribe standards of health and sanitation within the city 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 as authorized by Act of the General Assembly; (17) 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 of the city; to provide for the commitment of such persons to any jail; to provide for the use of pretrial diversion and any alternative sentencing allowed by law; or to provide for the 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, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (20) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (21) Municipal property ownership. To acquire, 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,

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sewage disposal, gas works, electric plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (24) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (25) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (26) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to 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, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (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 or contract for such public transportation systems as are deemed beneficial; (32) 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 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

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or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (34) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (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; and to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (36) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge; and to impose on and collect a sewer connection fee or fees from those connected to the system; (37) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items; (38) Special areas of public regulation. To regulate or prohibit junk dealers, pawnshops, pain management clinics, the manufacture, sale, or transportation of intoxicating liquors, and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, adult entertainment, and massage parlors; (39) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (40) 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:

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(A) For all years, the millage rate imposed for ad valorem taxes on real property for operating budget purposes shall not exceed 13.469 unless a higher limit is recommended by resolution of the city council and approved by a majority of the qualified voters of the city voting in a referendum; provided, however, that for the purposes of compliance with Code Section 48-8-91 of the O.C.G.A., the millage rate may be adjusted upward for the sole purpose of complying with the millage rate rollback provisions set forth therein. For the purposes of this subparagraph, the term "qualified voters" means those voters of the city who are qualified to vote in city elections and cast a vote for or against such measure in such referendum. The question to be presented to the voters in the referendum on increasing the millage rate shall be "Do you approve increasing taxes on residential and nonresidential property for City of South Fulton property owners by raising from [current millage rate] to [proposed millage rate] the operating budget millage rate, which was capped in the original charter for the city?" If such millage rate increase is approved by the qualified voters of the City of South Fulton voting in the referendum, the new rate shall become the maximum limit until changed again by resolution of the city council and approval by a majority of the qualified voters of the City of South Fulton voting in a referendum. Notwithstanding any provision of this paragraph to the contrary, during the first five years of existence, the city shall not be authorized to increase the millage rate higher than 14.469 except for the purposes of complying with Code Section 48-8-91 of the O.C.G.A.; (B) For all years, the fair market value of all property subject to taxation shall be determined according to the tax digest of Fulton County, as provided in Code Section 48-5-352 of the O.C.G.A.; and (C) For all years, the billing date or dates and due date or dates for municipal ad valorem taxes shall be the same as for Fulton County ad valorem taxes; (41) Taxes (other). To levy and collect such other taxes as may be allowed now or in the future by law; (42) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (43) Urban redevelopment. To organize and operate an urban redevelopment program; and (44) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of

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general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.13. Exercise of powers.

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

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

(a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and seven councilmembers. (b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified, except as otherwise provided in subsection (d) of Section 2.11 of this charter. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the area comprising the City of South Fulton for 12 months immediately preceding the election of mayor or councilmembers, shall have attained the age of 21 years prior to the date of qualifying, and, in the case of councilmembers, shall have been a resident of the district from which he or she seeks election for six months at the time of qualifying for election; each such person shall continue to reside within the city and, in the case of councilmembers, within the district from which he or she was elected during said period of service and shall be registered and qualified to vote in municipal elections of this city. The mayor may reside anywhere within the city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that such person desires his or her name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file said notice within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
(c)(1) The mayor shall be limited to serving three full, consecutive four-year terms of office. (2) Councilmembers shall be limited to serving three full, consecutive terms of office.

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(3) Persons who serve terms of less than four years as a result of being elected to an initial term of office under subsection (d) of Section 2.11 of this charter or who fill an unexpired term shall not be considered to have served a full term of office for the purposes of this subsection.

SECTION 2.11. Elections.

(a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of the area comprising the City of South Fulton or of such city shall be eligible to qualify as voters in the election. (b) All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the "Georgia Election Code." (c) Each councilmember shall be elected by a majority vote of the qualified electors of his or her respective council district voting at the elections of the city. For the purpose of electing members of the council, the City of South Fulton shall consist of seven council districts as described in Appendix B of this charter, which is attached and incorporated into this charter by reference; provided, however, that no territory described in such council districts shall be included in such council districts that has been annexed into other municipalities before July 1, 2016; and provided, further, that the territory known as the Fulton County Industrial District shall not be included in such council districts unless the local constitutional amendment creating such district is repealed or determined judicially to be of no force and effect prior to the first municipal election being conducted under this charter. Each candidate for election to the council other than the mayor shall reside in the council district he or she seeks to represent. (d) The first election for mayor and councilmembers shall be a special election held on the third Tuesday in March, 2017. At such election, the mayor and councilmembers elected from Council Districts 2, 4, and 6 shall be elected for initial terms of office beginning immediately after their election and expiring on December 31, 2021. The councilmembers elected from Council Districts 1, 3, 5, and 7 shall be elected for initial terms of office beginning immediately after their election and expiring on December 31, 2019. Thereafter, at the elections provided for by subsection (f) of this section, their successors shall be elected for terms of four years. All members shall serve until their successors are elected and qualified. (e) The mayor, for the special election and each subsequent election for mayor, shall be elected by the qualified electors of the city at large voting in such elections of the city. (f) A special election shall be held on the third Tuesday in March, 2017, to elect the first mayor and council as provided in subsection (d) of this section. At such election, the first

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mayor and council shall be elected to serve for the initial terms of office specified in subsection (d) of this section. Thereafter, the time for holding regular municipal elections shall be on the Tuesday next following the first Monday in November of each odd-numbered year beginning in 2019. The successors to the first mayor and councilmembers and future successors shall be elected at the municipal election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (g) All municipal elections shall be nonpartisan and without primaries.

SECTION 2.12. Vacancies in office.

(a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (c) of this section. (c) In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

SECTION 2.13. Election by majority vote.

The candidate for mayor who receives a majority of the votes cast in the applicable election in the city at large shall be elected to a term of office. The candidates for councilmember who receive a majority of the votes cast in the applicable election by the electors of their respective districts shall be elected to a term of office. In the event no candidate receives a majority of the votes cast in such election for such office, a run-off election shall be held between the candidates receiving the two highest numbers of votes. Such run-off election shall be held at the time specified by state election law, unless such run-off date is postponed by court order.

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SECTION 2.14. Compensation and expenses.

The annual salary of the mayor shall be $23,000.00 and the annual salary for each councilmember shall be $13,000.00. Such salary shall be paid from municipal funds in monthly installments. The city council may provide 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 2.15. Prohibitions.

(a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council 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

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decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act.

SECTION 2.16. Removal of officers.

(a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.15 or any other express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of five councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Fulton 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 Fulton County following a hearing on a complaint seeking such removal brought by any resident of the City of South Fulton.

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ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL
AUTHORITY, AND ORDINANCES SECTION 3.10.
General power and authority.

(a) Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter. (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 with 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 South Fulton and may enforce such ordinances by imposing penalties for violations thereof. (c) Except for the office of city manager, the city council, by resolution, may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs of the government of the city. The council shall prescribe the functions and duties of departments, offices, and agencies; may provide that the same person shall fill any number of offices or positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. (d) 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 of employment as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and councilmembers. (e) In all cases, unless otherwise prohibited by this charter or by state law, those functions and duties necessary for the efficient and proper administration of the affairs of government of the city may be provided through intergovernmental agreements or private contracts or both.

SECTION 3.11. Organization.

(a) The city council shall hold an organizational meeting not later than the first regular meeting in January following an election. The meeting shall be called to order by the mayor-elect, and the oath of office shall be administered to the newly elected mayor and councilmembers by a judicial officer authorized to administer the oaths required by Chapter 3 of Title 45 of the O.C.G.A. and the following oath:

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"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." (b) Following the induction of the mayor and councilmembers, the city council, by a majority vote, shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall assume the official duties and powers of the mayor during any disability or absence of the mayor, as set forth in Section 3.30 of this charter. Any such disability or absence shall be declared by a majority vote of the city council.

SECTION 3.12. Inquiries and investigations.

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

SECTION 3.13. Meetings.

(a) The city council shall, at least once during each calendar month, hold regular meetings at such times and places as prescribed by ordinance. The council may recess any such regular meeting and continue such meeting on any weekday or at any 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 call of the mayor or four members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law.

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SECTION 3.14. Procedures.

(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed as prescribed by ordinance or resolution of the city council.

SECTION 3.15. Voting.

(a) Except as otherwise provided in subsection (c) of this section, four councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. For voting and quorum purposes, the mayor shall be counted as one of the councilmembers. 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. No councilmember shall abstain from voting except in the case of a conflict of interest or if absent when a motion being voted upon was made. The councilmember shall provide a specific explanation of the conflict, and the explanation shall be recorded in the journal. (b) Except as otherwise provided in this charter, the affirmative vote of a majority of the councilmembers present shall be required for the adoption of any ordinance, resolution, or motion. (c) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion.

SECTION 3.16. Ordinances.

(a) Any proposal for a new or amended ordinance shall be in writing and in the format required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the City of South Fulton hereby ordains ..." and every ordinance shall so begin. (b) A new or amended ordinance may be proposed by the mayor or councilmember at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 3.18 of this charter. After adoption of any

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ordinance, the city clerk shall, as soon as possible, forward an appropriately formatted version of the adopted ordinance to that entity or agency that the city has retained to facilitate the codification and online viewing and download of all city ordinances.

SECTION 3.17. Effect of ordinances.

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

SECTION 3.18. Emergencies.

To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or four councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of a majority of the 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 continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.

SECTION 3.19. Codes.

(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 3.20 of this charter.

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(b) Any adopted code of technical regulations shall be forwarded for online codification, viewing, and download in the same manner as provided for ordinances in subsection (b) of Section 3.16 of this charter and shall otherwise be made available for review and copying upon request in accord with Code Section 50-18-70, et seq., of the O.C.G.A.

SECTION 3.20. Codification of ordinances.

(a) The city clerk shall authenticate by the city clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of South Fulton, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be promptly delivered in an appropriate format to that entity or agency that the city has retained to facilitate the codification and online viewing and download of all city ordinances, charter amendments, and technical regulations. Ordinances, charter amendments, and technical regulations shall otherwise be available in hard copy format for viewing and copying at the office of the city clerk in conformance with Code Section 50-18-70, et seq., of the O.C.G.A. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be made available, whether in electronic or hard copy format, in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code.

SECTION 3.21. Submission of ordinances to the mayor.

(a) Every ordinance, resolution, or other action adopted by the city council shall be presented to the mayor for signature within five business days following the adoption of such ordinance, resolution, or other action by the city council. The mayor shall have the right to veto any ordinance adopted by the city council, in accordance with the procedure set forth in this section.

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(b) The mayor, within ten business days following receipt of an ordinance, shall return it to the city clerk with or without the mayor's approval or with the mayor's veto. If an ordinance has been approved by the mayor or if it is returned to the city clerk neither approved nor disapproved, it shall become law upon its return to the city clerk. However, if the mayor fails to return an ordinance to the city clerk within ten business days of receipt, it shall become law at 12:00 Midnight on the tenth business day after receipt. If the ordinance is vetoed by the mayor, the mayor shall submit to city council, through the city clerk, the reasons for the mayor's veto. The city clerk shall record upon the ordinance the date of its delivery to and its receipt from the mayor. (c) An ordinance vetoed by the mayor shall automatically be on the agenda at the next regular meeting of the city council for reconsideration. If the minimum number of councilmembers necessary to vote to override the veto are not present, the action may be continued until the next meeting at which such minimum number of councilmembers are present. The city council may override a veto by the mayor and adopt any ordinance that has been vetoed by the mayor by the affirmative votes of at least five councilmembers, not including the mayor. (d) In addition, 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 herein. The disapproved or reduced part or parts of any such ordinance or resolution shall be presented to the city council as though disapproved and shall not become law unless overridden by the city council as set forth in subsection (c) of this section.

SECTION 3.22. Powers and duties of mayor.

(a) The mayor shall be the chief executive officer of the city government and 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 and participate therein as a voting member, and in the mayor's absence, the mayor pro tempore shall preside as set forth in Section 3.30 of this charter; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have power to administer oaths and execute affidavits;

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(4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, resolutions, and other instruments executed by the city which by law are required to be in writing. The city council may delegate contract signing authority to the city manager to the extent allowed by law; (5) See that all laws and ordinances of the city are faithfully executed; (6) Vote on any motion, resolution, ordinance, or other question before the council other than a veto override; (7) Obtain short-term loans in the name of the city when authorized by the city council to do so; (8) Have the authority to appoint city council committees and appoint councilmembers to oversee and report on the functions of the various departments of the city, subject to confirmation by the city council; (9) Require the city manager to meet with him or her at a time and place designated for consultation and advice upon the affairs of the city; (10) Nominate the city manager, city attorney, chief judge of municipal court, city clerk, and city treasurer, subject to ratification by the city council; provided, however, that if the mayor's nomination is rejected by the city council or the mayor fails to offer a nomination, nominations may be offered by members of the city council; (11) Prepare or have prepared an agenda for each meeting of the city council which shall include all business submitted by the mayor, any councilmember, the city manager, and the city attorney; and (12) Fulfill and perform such other duties as are imposed by this charter and duly adopted ordinances.

SECTION 3.23. City manager; appointment; qualifications; compensation; removal.

(a) The mayor shall nominate a city manager for an indefinite term and shall set the city manager's initial compensation, subject to confirmation by the city council. The city manager shall be nominated solely on the basis of that person's executive and administrative qualifications. (b) The mayor or a councilmember may recommend the removal of the city manager from office in accordance with the following procedures:
(1) In response to such recommendation, the city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the city 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 ten days after a copy of the resolution is delivered to the city manager, that person may file with the city council a written request for a public hearing. This hearing

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shall be held within 30 days after the request is filed. The city manager may file with the city council a written reply not later than five days before the hearing; and (3) If the city manager has not requested a public hearing within the time specified in paragraph (2) of this subsection, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the city manager has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing. (c) The city manager shall continue to receive the city manager's salary until the effective date of a final resolution of removal.

SECTION 3.24. Acting city manager.

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

SECTION 3.25. Powers and duties of the city manager.

The city manager shall be the chief administrative officer of the city. The city manager shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge by or under this charter. As the chief administrative officer, the city manager shall:
(1) Have the authority to hire persons to act as department heads or directors and fill other positions designated by ordinance or resolution and appoint and, when the city manager deems it necessary for the good of the city, suspend or remove any city employees and administrative officers the city manager hires or appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law;

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(3) Attend all city council meetings, except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager, and have the right to take part in discussion, but the city manager may not vote; (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the city council; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council or mayor may require concerning the operations of those city departments, offices, and agencies that are subject to the city manager's direction and supervision; (8) Keep the city council fully advised as to the financial condition and future needs of the city and make such recommendations to the city council concerning the affairs of the city as the city manager deems desirable; and (9) Perform other such duties as are specified in this charter or as may be required by the city council.

Reserved.

SECTION 3.26.

Reserved.

SECTION 3.27.

SECTION 3.28. Council's interference with administration.

Except for the purpose of inquiries and investigations under Section 3.12 of this charter, the city council and its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.

SECTION 3.29. Selection of mayor pro tempore.

There shall be a mayor pro tempore elected from among the councilmembers by the city council at the first regular meeting of each calendar year. All subsequent successors shall be elected at the first regular meeting of the city council in each calendar year to serve until the first regular meeting of the city council in the immediately following calendar year. The mayor pro tempore shall continue to vote and otherwise participate as a councilmember. A

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vacancy in the position of mayor pro tempore resulting from the mayor pro tempore ceasing to serve as a councilmember or from any other cause shall be filled for the remainder of the unexpired term at the next regularly scheduled council meeting.

SECTION 3.30. Mayor pro tempore.

During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore of the city council or, in such person's absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council shall be clothed with all the rights and privileges of the mayor and shall perform the official duties of the office of the mayor so long as such absence or disability shall continue, except that the mayor pro tempore shall not have the mayor's veto power except in the case of physical or mental disability of the mayor. A councilmember acting as mayor shall have only one vote. Any such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tempore or selected councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest.

ARTICLE IV ADMINISTRATIVE AFFAIRS
SECTION 4.10. Department heads.

(a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by the city council. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of the director's department or agency. (e) The city manager may suspend or terminate directors or department heads, so long as the city attorney reviews the facts supporting suspension or termination and concurs such action is appropriate before such action is taken.

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SECTION 4.11. Boards.

(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) Every member of any appointed board, commission, or authority of the city shall be appointed by a majority vote of the city council for such term of office and in such manner as shall be provided by ordinance. Unless otherwise provided by ordinance or law, each board, commission, or authority shall consist of eight members with one member being nominated by each member of the city council and the mayor. Unless otherwise provided by ordinance or law, there shall be no requirement that a board, commission, or authority member reside in the district of the councilmember who nominates the member, but all members shall be residents of the city. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the city an oath obligating himself or herself to perform faithfully and impartially the duties of the office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office by majority vote of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice-chairperson, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.

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SECTION 4.12. City attorney.

The mayor shall nominate and the city council shall confirm by a majority vote a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least seven years. The city attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required by virtue of the position of city attorney. The city council shall provide for the compensation of the city attorney.

SECTION 4.13. City clerk.

The mayor shall nominate and the city council shall confirm by a majority vote a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. The city council shall provide for the compensation of the city clerk.

SECTION 4.14. Treasurer.

The mayor shall nominate and the city council shall confirm by a majority vote a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. The city council shall provide for the compensation of the treasurer.

SECTION 4.15. Rules and regulations.

The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan;

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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 notices as may be necessary to provide for adequate and systematic handling of personnel affairs.

ARTICLE V JUDICIAL BRANCH
SECTION 5.10. Municipal court.

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

SECTION 5.11. Judges.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The chief judge shall be nominated by the mayor and shall be confirmed by resolution of the city council, and the method of selection and terms of any other judges 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 have been a member of the State Bar of Georgia for a minimum of three years. (c) Compensation of the chief judge and other judges shall be fixed by the city council. The position of chief judge shall not be a full-time position, and the person serving as chief judge may engage in the private practice of law. (d) The chief judge shall serve a term of four years, coincident with the term of the mayor, but may be removed for cause by a vote of five members of the city council or upon action taken by the Judicial Qualification Commission. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of his or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter.

SECTION 5.12. Convening of court.

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

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SECTION 5.13. Powers.

(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed the statutory limits for fines and imprisonment for such municipal court. (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 hereafter provided by law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.

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SECTION 5.14. Certiorari.

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

SECTION 5.15. Rules.

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

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.

(a) The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. (b) For all years, the millage rate imposed for ad valorem taxes on real property shall not exceed 13.469 unless a higher millage rate is recommended by resolution of the city council and subsequently approved by a majority of the qualified voters of the city voting in a

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referendum. For the purposes of this subsection, the term "qualified voters" means those voters of the city who are qualified to vote in city elections and cast a vote for or against such measure in such referendum. This millage rate limit shall apply to the millage rate actually levied and shall not apply to the hypothetical millage rate computed under subsection (a) of Code Section 48-8-91 of the O.C.G.A., relating to conditions on imposition of the joint county and municipal sales tax.

SECTION 6.12. Occupation taxes and business license fees.

The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.

SECTION 6.13. Licenses.

The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.

Reserved.

SECTION 6.14.

SECTION 6.15. Sewer fees.

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

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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. Roads.

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

SECTION 6.17. Other taxes.

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

SECTION 6.18. Collection of delinquent taxes.

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

SECTION 6.19. Borrowing.

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

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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. 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. Accounting and budgeting.

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

SECTION 6.23. Budget ordinance.

The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. The city council shall comply with the provisions of Chapter 81 of Title 36 of the O.C.G.A.

SECTION 6.24. Operating budget.

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

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SECTION 6.25. Adoption.

(a) The city council may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) After the conducting of a budget hearing, the city council shall adopt the final operating budget for the ensuing fiscal year on or before a date fixed by ordinance of the council. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable.

SECTION 6.26. Levy of taxes.

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

SECTION 6.27. Changes in budget.

The city council by majority vote may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes.

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SECTION 6.28. Capital improvements.

(a) On or before the date fixed by the city council, but not later than 30 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed capital improvements budget with any recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.18 of this charter. (b) After the conducting of a public hearing, the city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year on or before a date fixed by ordinance of the council. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by any recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council.

SECTION 6.29. Audits.

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

SECTION 6.30. Procurement and property management.

No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter.

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SECTION 6.31. Purchasing.

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

SECTION 6.32. Sale of property.

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

SECTION 6.33. General homestead exemption.

(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 South Fulton, except for any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended.
(b) Each resident of the City of South Fulton is granted an exemption on that person's homestead from City of South Fulton ad valorem taxes for municipal purposes in the amount of $30,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority

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of the City of South Fulton, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of South Fulton, 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 South Fulton, 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 South Fulton, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect 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 6.34. General homestead exemption for citizens age 65 or over.

(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 South Fulton, except for any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 65 years of age or 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 South Fulton who is a senior citizen is granted an exemption on that person's homestead from City of South Fulton ad valorem taxes for municipal purposes in the amount of $15,000.00 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 South Fulton, or the designee thereof, giving the person's age and such

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additional information relative to receiving such exemption as will enable the governing authority of the City of South Fulton, 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 South Fulton, 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 South Fulton, 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 6.35. Homestead exemption for citizens age 65 or over
meeting certain income requirements.

(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 South Fulton, 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 adjusted gross income as such term is defined in the Internal Revenue Code of 1986, as such code is defined in Code Section 48-1-2 of the O.C.G.A., except that for purposes of this section the term shall include only that portion of income or benefits 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 which exceeds the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act.

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(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 South Fulton who is a senior citizen is granted an exemption on that person's homestead from City of South Fulton ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of that homestead. The exemption granted by this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead, does not exceed the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of South Fulton, 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 South Fulton, 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 South Fulton, 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 South Fulton, 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 6.36. Homestead exemption for citizens age 70 or over and disabled persons meeting certain income requirements.

(a) As used in this section, the term:

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(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 South Fulton, 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 adjusted gross income determined pursuant to the Internal Revenue Code of 1986, as amended, for federal income tax purposes, except that for the purposes of this section the term shall include only that portion of income or benefits 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 which exceeds the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. (4) "Senior citizen" means a person who is 70 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of South Fulton who is a senior citizen or who is disabled is granted an exemption on that person's homestead from City of South Fulton ad valorem taxes for municipal purposes for the full value of that homestead. The exemption granted by this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead, does not exceed the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act for the immediately preceding year. (c)(1) In order to qualify for the exemption provided for in subsection (b) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of South Fulton, 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 South Fulton, 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 South Fulton, 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

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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 South Fulton, 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.

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.

Reserved.

SECTION 7.11.

SECTION 7.12. Definitions and construction.

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

SECTION 7.13. Qualified electors.

(a) For the purposes of the referendum election provided for in Section 7.14 of this charter and for the purposes of the special election to be held on the third Tuesday in March, 2017, the qualified electors of the City of South Fulton shall be those qualified electors of Fulton

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County residing within the corporate limits of the City of South Fulton as described by Section 1.11 of this charter. At subsequent municipal elections, the qualified electors of the City of South Fulton shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code." (b) Only for the purpose of holding and conducting the referendum election provided for by Section 7.14 of this charter and only for the purpose of holding and conducting the special election of the City of South Fulton to be held on the third Tuesday in March, 2017, the election superintendent of Fulton County is vested with the powers and duties of the election superintendent of the City of South Fulton and the powers and duties of the governing authority of the City of South Fulton.

SECTION 7.14. Referendum.

The election superintendent of Fulton County shall call a special election for the purpose of submitting this Act to the qualified voters of the proposed City of South Fulton, as provided in Section 7.13 of this charter, for approval or rejection. The superintendent shall set the date of such election for the Tuesday next following the first Monday in November, 2016. 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 Fulton County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act incorporating the City of South Fulton in Fulton County and ( ) NO granting the homestead exemptions described therein be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise, it shall thereafter be void and of no force and effect. The expense of the special election set forth in this section shall be borne by Fulton County. 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.

SECTION 7.15. Effective dates.

(a) Sections 1.10 and 1.11 of this charter and those provisions of this charter necessary for the special election provided for in Section 7.14 of this charter shall become effective immediately upon this Act's approval by the Governor or upon its becoming law without such approval.

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(b) Those provisions of this Act necessary for the special election to be held on the third Tuesday in March, 2017, as provided by Article II of this charter, shall be effective upon the certification of the results of the referendum election provided for by Section 7.14 of this charter, if this Act is approved at such referendum election. (c) The remaining provisions of this Act shall become of full force and effect for all purposes on May 1, 2017, except that the initial mayor and councilmembers shall take office immediately following their election and by action of a quorum may prior to May 1, 2017, meet and take actions binding on the city.

SECTION 7.16. Transition.

(a) A period of time will be needed for an orderly transition of various government functions from Fulton County to the City of South Fulton. Accordingly, there shall be a transition period beginning on the date of the certification of the referendum results approving the incorporation of the City of South Fulton and ending at midnight on the last day of the twenty-fourth month following such date. During such transition period, all provisions of this charter shall be effective as law, but not all provisions of this charter shall be implemented. (b) During such transition period, Fulton County shall continue to provide within the territorial limits of the City of South Fulton all government services and functions which Fulton County provided in that area during 2016 and at the same actual cost, except to the extent otherwise provided in this section; provided, however, that upon at least 30 days' prior written notice to Fulton County by the City of South Fulton, responsibility for any such service or function shall be transferred to the City of South Fulton. Beginning on May 1, 2017, the City of South Fulton shall collect taxes, fees, assessments, fines and forfeitures, and other moneys within the territorial limits of the City of South Fulton; provided, however, that upon at least 30 days' prior written notice to Fulton County by the City of South Fulton, the authority to collect any tax, fee, assessment, fine or forfeiture, or other moneys shall remain with Fulton County after May 1, 2017, until such time as Fulton County receives subsequent notice from the City of South Fulton that such authority shall be transferred to the City of South Fulton. (c) During the transition period, the governing authority of the City of South Fulton:
(1) Shall hold regular meetings and may hold special meetings as provided in this charter; (2) May enact ordinances and resolutions as provided in this charter; (3) May amend this charter by home rule action as provided by general law; (4) May accept gifts and grants; (5) May borrow money and incur indebtedness to the extent authorized by this charter and general law; (6) May levy and collect an ad valorem tax for calendar years 2018 and 2019; (7) May establish a fiscal year and budget;

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(8) May create, alter, or abolish departments, boards, offices, commissions, and agencies of the city; appoint and remove officers and employees; and exercise all necessary or appropriate personnel and management functions; and (9) May generally exercise any power granted by this charter or general law, except to the extent that a power is specifically and integrally related to the provision of a governmental service, function, or responsibility not yet provided or carried out by the city. (d) Except as otherwise provided in this section, during the transition period, the Municipal Court of the City of South Fulton shall not exercise its jurisdiction. During the transition period, all ordinances of Fulton County shall remain applicable within the territorial limits of the City of South Fulton and the appropriate court or courts of Fulton County shall retain jurisdiction to enforce such ordinances. However, by appropriate agreement (and concurrent resolutions and ordinances if needed) Fulton County and the City of South Fulton may during the transition period transfer all or part of such regulatory authority and the appropriate court jurisdiction to the City of South Fulton. Any transfer of jurisdiction to the City of South Fulton during or at the end of the transition period shall not in and of itself abate any judicial proceeding pending in Fulton County or the pending prosecution of any violation of any ordinance of Fulton County. (e) During the transition period, the governing authority of South Fulton may at any time, without the necessity of any agreement by Fulton 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 South Fulton commencing to exercise its planning and zoning powers, the Municipal Court of the City of South Fulton 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. (f) Effective upon the termination of the transition period, subsections (b) through (e) of this section shall cease to apply except for the last sentence of subsection (d) which shall remain effective. Effective upon the termination of the transition period, the City of South Fulton shall be a full functioning municipal corporation and subject to all general laws of this state.

SECTION 7.17. 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:

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(1) If it is not possible to hold the referendum election provided for in Section 7.14 of this Act on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable; and (2) If it is not possible to hold the first municipal election provided for in Section 2.11 of this Act on the date specified in that section, then there shall be a special election for the initial members of the governing authority to be held as soon thereafter as is reasonably practicable, and the commencement of the initial terms of office shall be delayed accordingly.

SECTION 7.18. Charter commission.

At the first regularly scheduled city council meeting, five years after the inception of the City of South Fulton, the mayor and city council shall call for a charter commission to review the city's experience and recommend to the General Assembly any changes to the city charter. Members of the charter commission shall be appointed as follows: one by the mayor, one by the city council, and one by each member of the Georgia House of Representatives and Senate whose district lies wholly or partially within the corporate boundaries of the City of South Fulton. All members of the charter commission must reside in the City of South Fulton. The commission must complete the recommendations within six months of its creation.

SECTION 7.19. Severability.

In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other 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 7.20. General repealer.
All laws and parts of laws in conflict with this Act are repealed.

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APPENDIX A CORPORATE LIMITS CITY OF SOUTH FULTON

The City of South Fulton shall include all the territory embraced within the following census blocks based upon the 2010 United States decennial census but shall not include any territory that was annexed into another municipality before July 1, 2016, and shall not include the territory included within the Fulton County Industrial District unless the local constitutional amendment creating such district is repealed or determined judicially to be of no force and effect prior to the first municipal election for the city:

Fulton County VTD: 12109B - 09B 008202: 4002 VTD: 12111E4 - 11E4 007706: 2028 VTD: 121CP08B - CP08B 010511: 2004 VTD: 121EP08A - EP08A 011305: 3015 3017 011306: 1031 2008 2018 2021 VTD: 121FA01A - FA01A 010400: 3064 3066 3078 3079 3087 3099 010514: 2051 2078 2086 2100 2101 2102 VTD: 121FA01B - FA01B 010510: 3126 VTD: 121SC01 - SC01 VTD: 121SC02 - SC02 VTD: 121SC04 - SC04 VTD: 121SC05 - SC05 VTD: 121SC07 - SC07 010304: 2087 2103 2105 2106 2107 2108 2109 2112

GEORGIA LAWS 2016 SESSION
010400: 3000 3003 3005 3006 3008 3009 3011 3012 3013 3014 3017 3019 3021 3028 3029 3042 3043 3053 3054 3065 3080 010513: 1021 1022 1043 1044 1045 1048 1049 1050 1051 1052 1055 1060 1061 1062 1078 1098 1119 2022 2024 2029 2030 2056 3045 010514: 1002 1003 1004 1005 1006 1012 1013 1014 1017 1019 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1036 1037 1043 1044 1046 1051 1054 1055 1056 1057 1059 1061 1062 1063 1065 1066 1067 1073 1087 1088 1089 2000 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 2028 2029 2030 2031 2032 2033 2034 2035 2038 2040 2043 2044 2045 2046 2054 2055 2057 2059 2060 2061 2068 2071 2072 2073 2074 2075 2076 2077 2080 2085 2087 2091 2094 2098 2108 2109 2110 2111 3055 3056 3079 3080 VTD: 121SC08 - SC08 010507: 3066 010510: 2003 4000 4001 4009 010511: 1033 1034 1035 1036 1037 1038 1039 1040 1041 1043 1045 1046 1047 1048 1049 1061 1062 2005 2006 2008 2009 2010 2011 2012 2013 2014 2015 2017 2018 2019 2020 2021 2024 2027 2028 2029 2030 2031 2032 2033 2034 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2051 2052 2053 2054 2055 2056 2058 2062 2064 3000 3001 3002 3003 3004 3005 3008 3011 3012 3013 3014 3015 010512: 1002 1003 1004 1005 1006 1007 1008 1016 1017 1024 1025 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2015 2019 2020 2035 2036 010513: 1007 1008 1063 1064 1069 1070 1071 1073 1074 1075 1077 1087 1088 1089 1094 1096 1097 1102 1105 1109 1110 VTD: 121SC09 - SC09

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VTD: 121SC10 - SC10 010507: 1006 1008 2001 2002 2003 2004 2005 2006 2007 3037 3055 3056 3057 3059 3060 3067 3068 010511: 2066 VTD: 121SC11 - SC11 VTD: 121SC13A - SC13A VTD: 121SC13B - SC13B 010301: 1016 1017 1018 1026 1027 1028 1029 1030 1031 1032 1049 1050 1051 1052 1053 1056 1057 1058 1062 1063 1064 1065 1066 1067 1068 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1110 1115 1116 1119 1123 1137 VTD: 121SC14 - SC14 VTD: 121SC16A - SC16A VTD: 121SC16B - SC16B VTD: 121SC17 - SC17 010511: 1019 1020 1021 1022 1023 1027 1028 1029 1032 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1063 1064 1065 1066 010513: 1001 1005 1016 1030 1031 1032 1037 1038 1039 1041 1042 1103 1104 1106 1107 1117 VTD: 121SC18 - SC18 007706: 2007 2014 2017 2018 2019 2020 2021 2023 2029 010304: 1015 1016 1017 1018 1019 1020 1021 1023 1024 1025 1026 1027 1030 1031 1032 1033 1034 1035 1036 2000 2001 2004 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2041 2042 2043 2044 2045 2072 2073 2075 2078 2081 2092 2093 2115 VTD: 121SC19 - SC19 010507: 3002 3004 3005 3006 3007 3008 3009 3010 3011 3017 3020 3021 3022 010511: 1012 1013 1015 1016 1018 1024 1025 1026 1030 1031 1067

GEORGIA LAWS 2016 SESSION
010604: 3011 3012 3013 3015 3016 011305: 3018 3019 3020 3021 011306: 1011 1012 1032 1033 1034 1036 1038 1039 1040 2019 2020 2025 2028 2029 2030 2031 2032 2033 2035 2036 2037 2038 2039 VTD: 121SC21 - SC21 010510: 2019 2020 2021 3002 3010 3011 3012 3013 3015 3016 3017 3026 3027 3028 3029 3031 3034 3036 3037 3038 3039 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3064 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3082 3083 3085 3086 3087 3088 3089 3091 3096 3102 3103 3104 3105 3106 3107 3108 3109 3110 3112 3114 3115 3116 3127 3174 3186 3187 3188 3189 3190 3192 3214 3215 3216 3217 3220 3221 3222 010513: 2036 010515: 1022 1023 1024 1025 1036 1037 1038 1039 1040 1041 1042 1046 1048 VTD: 121SC23 - SC23 VTD: 121SC27 - SC27 VTD: 121SC29 - SC29 VTD: 121SC30 - SC30 007703: 3000 3001 3002 3003 3016 007704: 3005 3006 007802: 1000 1001 1002 1003 1004 1006 1016 1018 1025 1027 1028 4012 007806: 2002 2020 2021 2022 2023 2024 007900: 3017 3018 3019 3038 3042 3051 3052 3058 VTD: 121UC02 - UC02 010510: 3014 010513: 2037 2057

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VTD: 121UC03A - UC03A 010510: 3008

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.

APPENDIX B CITY COUNCIL DISTRICTS CITY OF SOUTH FULTON

Plan: SF-7dp1 Plan Type: Local Administrator: HD61 User: bak

District 001 Fulton County VTD: 12109B - 09B 008202: 4002 VTD: 121SC01 - SC01 007802: 2017 010303: 1000 1001 1002 1003 1004 1014 1015 1016 1017 1018 1019 1020 1040 1041 1043 2049 2050 2051 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2070 2081 010304: 1000 1001 1002 1003 1004 VTD: 121SC02 - SC02 VTD: 121SC14 - SC14 VTD: 121SC16A - SC16A VTD: 121SC16B - SC16B VTD: 121SC30 - SC30 007703: 3000 3001 3002 3003 3016

GEORGIA LAWS 2016 SESSION
007704: 3005 3006 007802: 1000 1001 1002 1003 1004 1006 1016 1018 1025 1027 1028 4012 007806: 2002 2020 2021 2022 2023 2024 007900: 3017 3018 3019 3038 3042 3051 3052 3058
District 002 Fulton County VTD: 12111E4 - 11E4 007706: 2028 VTD: 121SC01 - SC01 010303: 1048 1049 1050 1051 010304: 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1022 1028 1029 VTD: 121SC13A - SC13A VTD: 121SC18 - SC18 007706: 2007 2014 2017 2018 2019 2020 2021 2023 2029 010304: 1015 1016 1017 1018 1019 1020 1021 1023 1024 1025 1026 1027 1030 1031 1032 1033 1034 1035 1036 2000 2001 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026
District 003 Fulton County VTD: 121EP08A - EP08A 011305: 3015 3017 011306: 1031 2008 2018 2021 VTD: 121SC05 - SC05 010301: 1095 2034 2035 2038 2039 2040 2042 2043 2044 2045 2046 2047 2048 2049

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010304: 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2060 2061 2063 2064 2065 2066 2067 2068 2069 2070 2071 2083 2085 2089 2090 2091 2094 2095 2096 2097 2098 2099 2100 2101 2114 010513: 1009 1025 1026 010514: 1000 VTD: 121SC08 - SC08 010513: 1007 1008 1063 1064 1069 1070 1073 1074 1075 1087 1088 1089 1094 1102 1110 VTD: 121SC17 - SC17 010511: 1019 1020 1021 1022 1023 1027 1028 1029 1032 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1063 1064 1065 1066 010513: 1001 1005 1016 1030 1031 1032 1037 1038 1039 1041 1042 1103 1104 1106 1107 1117 VTD: 121SC18 - SC18 010304: 2004 2011 2012 2013 2014 2015 2041 2042 2043 2044 2045 2072 2073 2075 2078 2081 2092 2093 2115 VTD: 121SC19 - SC19 010511: 1012 1013 1015 1016 1018 1024 1025 1026 1030 1031 1067 010604: 3011 3012 3013 3015 3016 011305: 3018 3019 3020 3021 011306: 1011 1012 1032 1033 1034 1036 1038 1039 1040 2019 2020 2025 2028 2029 2030 2031 2032 2033 2035 2036 2037 2038 2039

District 004 Fulton County VTD: 121FA01A - FA01A 010400: 3064 3066 3078 3079 3087 3099

GEORGIA LAWS 2016 SESSION
010514: 2051 2078 2086 2100 2101 2102 VTD: 121SC04 - SC04 VTD: 121SC05 - SC05 010301: 1048 1054 1055 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2051 2052 2053 VTD: 121SC07 - SC07 010304: 2087 2103 2105 2106 2107 2108 2109 2112 010400: 3000 3003 3005 3006 3008 3009 3011 3012 3013 3014 3017 3019 3021 3028 3029 3042 3043 3053 3054 3065 3080 010513: 1021 1022 1043 1044 1045 1048 1049 1050 1051 1052 1055 1060 1061 1062 1078 1098 1119 3045 010514: 1002 1003 1004 1005 1006 1012 1013 1014 1017 1019 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1036 1037 1043 1044 1046 1051 1054 1055 1056 1057 1059 1061 1062 1063 1065 1066 1067 1073 1087 1088 1089 2000 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 2028 2029 2030 2031 2032 2033 2034 2035 2038 2040 2043 2044 2045 2046 2054 2055 2057 2059 2060 2061 2068 2071 2072 2073 2074 2075 2076 2077 2080 2085 2087 2091 2094 2098 2108 2109 2110 2111 VTD: 121SC08 - SC08 010513: 1077 VTD: 121SC13B - SC13B 010301: 1016 1017 1018 1026 1027 1028 1029 1030 1031 1032 1049 1050 1051 1052 1053 1056 1057 1058 1062 1063 1064 1065 1066 1067 1068 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1110 1115 1116 1119 1123 1137

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District 005 Fulton County VTD: 121CP08B - CP08B 010511: 2004 VTD: 121SC08 - SC08 010507: 3066 010510: 2003 4000 4001 4009 010511: 1033 1034 1035 1036 1037 1038 1039 1040 1041 1043 1045 1046 1047 1048 1049 1061 1062 2005 2006 2008 2009 2010 2011 2012 2013 2014 2015 2017 2018 2019 2020 2021 2024 2027 2028 2029 2030 2031 2032 2033 2034 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2051 2052 2053 2054 2055 2056 2058 2062 2064 3000 3001 3002 3003 3004 3005 3008 3011 3012 3013 3014 3015 010512: 1002 1003 1004 1005 1006 1007 1008 1016 1017 1024 1025 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2015 2019 2020 2035 2036 010513: 1071 1096 1097 1105 1109 VTD: 121SC09 - SC09 010507: 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 010508: 1012 1013 1014 1015 1016 1017 1018 1019 1020 010510: 2002 2013 4003 4004 4005 4006 4008 4010 VTD: 121SC10 - SC10 010507: 1006 1008 2001 2002 2003 2004 2005 2006 2007 3037 3055 3056 3057 3059 3060 3067 3068 010511: 2066

GEORGIA LAWS 2016 SESSION
VTD: 121SC19 - SC19 010507: 3002 3004 3005 3006 3007 3008 3009 3010 3011 3017 3020 3021 3022
District 006 Fulton County VTD: 121SC09 - SC09 010508: 1009 1010 1011 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1045 1046 VTD: 121SC11 - SC11 VTD: 121SC23 - SC23 010516: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2012 2013 2014 2015 2016 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 VTD: 121SC27 - SC27
District 007 Fulton County VTD: 121FA01B - FA01B 010510: 3126 VTD: 121SC07 - SC07 010513: 2022 2024 2029 2030 2056 010514: 3055 3056 3079 3080 VTD: 121SC21 - SC21 010510: 2019 2020 2021 3002 3010 3011 3012 3013 3015 3016 3017 3026 3027 3028 3029 3031 3034 3036 3037 3038 3039 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3064 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3082 3083 3085 3086 3087 3088 3089 3091 3096 3102 3103 3104 3105 3106 3107 3108 3109 3110 3112 3114 3115 3116 3127 3174 3186 3187 3188 3189 3190 3192 3214 3215 3216 3217 3220 3221 3222 010513: 2036

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010515: 1022 1023 1024 1025 1036 1037 1038 1039 1040 1041 1042 1046 1048 VTD: 121SC23 - SC23 010510: 1027 010515: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1028 1044 1045 010516: 2011 2017 2018 VTD: 121SC29 - SC29 VTD: 121UC02 - UC02 010510: 3014 010513: 2037 2057 VTD: 121UC03A - UC03A 010510: 3008

For the purposes of this plan (SF-7dp1): (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 South Fulton which is not included in any district described in this plan (SF-7dp1) shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia; and (4) Any part of the City of South Fulton which is described in this plan (SF-7dp1) 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

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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) Any part of the territory described in this plan (SF-7dp1) that has been annexed into another municipality before July 1, 2016, shall nevertheless not be included in any of the districts described in the plan.

APPENDIX C CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION

I, Representative Roger Bruce, Georgia State Representative from the 61st 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 South Fulton, 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 Roger Bruce Representative, 61st 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 South Fulton in Fulton County; to provide for a charter for the City of South Fulton; 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 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

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authorities; to provide for a chief administrative officer, a city attorney, a city clerk, a treasurer, a chief city auditor, 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 referenda; to provide for an automatic repeal; to provide effective dates and transitional provisions governing the transfer of various functions and responsibilities from Fulton County to the City of South Fulton; to provide for severability; and for other purposes.

Representative Roger Bruce District 61

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger Bruce, who on oath deposes and says that he is the Representative from District 61 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on February 27, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ ROGER BRUCE Roger Bruce Representative, District 61

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

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

Approved April 26, 2016.

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GEORGIA LAWS 2016 SESSION

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SPALDING COUNTY HOTEL/MOTEL TAX.

No. 428 (House Bill No. 641).

AN ACT

To authorize the governing authority of Spalding 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 Spalding County is authorized to levy an excise tax at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations 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 that ordinance cited as "Spalding County Excise Tax on Rooms, Lodging, and Accommodations" adopted in March, 2015, and accompanying resolution by the governing authority of Spalding 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 such resolution adopted by the governing authority of Spalding County:
(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 Spalding 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 is not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to authorize the governing authority of Spalding County to levy an excise tax of eight percent (8%) 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, 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 13, 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 20th day of March, 2015.

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

Approved April 26, 2016.

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ROCKDALE COUNTY REDEVELOPMENT POWERS; REFERENDUM.

No. 431 (House Bill No. 683).

AN ACT

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

SECTION 2. The election superintendent of Rockdale County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Rockdale County 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 the November, 2016, general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Rockdale County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes Rockdale County to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may
( ) NO be amended from time to time?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on

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

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to authorize Rockdale County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; 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 Rockdale Citizen which is the official organ of Rockdale County on March 6, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ PAM DICKERSON Pam Dickerson Representative, District 113

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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 26, 2016.

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STEWART COUNTY STEWART COUNTY WATER AND SEWERAGE AUTHORITY; APPOINTMENT OF MEMBERS.

No. 435 (House Bill No. 735).

AN ACT

To amend an Act creating the Stewart County Water and Sewerage Authority, approved March 24, 1988 (Ga. L. 1988, p. 4498), so as to revise method of membership appointments; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Stewart County Water and Sewerage Authority, approved March 24, 1988 (Ga. L. 1988, p. 4498), is amended by repealing subsection (b) of Section 2 and enacting a new subsection to read as follows:
"(b)(1) The authority shall be composed of five members. One member shall be appointed by the governing authority of the City of Richland, and one member shall be appointed by the governing authority of the City of Lumpkin. The remaining three members shall be appointed by the governing authority of Stewart County. (2) Each member shall serve for a term of three years. The terms of all members shall begin on July 1 and shall run until June 30 of the year of expiration and until their successors are appointed and qualified. Successors shall be appointed in the same manner as provided in paragraph (1) of this subsection. Successors shall be appointed in the month of June during the year the member's term is set to expire. Any member of the authority may be selected and appointment to succeed himself or herself.

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(3) The members of the authority shall be entitled to reimbursement for their actual expenses necessarily incurred in the performance of their duties. (4) The authority shall have the power to establish bylaws and promulgate and adopt rules and regulations necessary or desirable for management and operation of the authority."

SECTION 2. Said Act is further amended by repealing subsection (f) of Section 2 and enacting a new subsection to read as follows:
"(f)(1) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the governing body of Stewart County shall select and appoint a qualified person to fill the unexpired term of the member whose position has been vacated with respect to the members appointed by the county. In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the governing body of the City of Richland or the City of Lumpkin shall select and appoint a qualified person to fill the unexpired term of the member whose position has been vacated with respect to the member appointed by the City of Richland or the City of Lumpkin. (2) A vacancy shall exist in the office of any member of the authority who:
(A) Is convicted of a felony or enters a plea of nolo contendere thereto; (B) Is convicted of a crime of moral turpitude or enters a plea of nolo contendere thereto; (C) Moves his or her residence from the county; (D) Is convicted of any act of misfeasance, malfeasance, or nonfeasance of his or her duties as a member of the authority; or (E) Fails to attend any regular or special meeting of the authority for a period of three months without an excuse approved by resolution of the authority."

SECTION 3. This Act shall become effective on June 1, 2016, and shall apply to all appointments made on or after such date.

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 2016 session of the General Assembly of Georgia a bill to amend an Act creating the Stewart County Water and Sewer Authority, approved March 24, 1988 (Ga. L. 1988, p. 4498); and for other purposes.

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AFFIDAVIT

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 Steward Webster Journal Patriot-Citizen which is the official organ of Stewart County on December 24, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GERALD GREENE Representative, District 151

Sworn to and subscribed before me, this 11th day of January, 2016.

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

Approved April 26, 2016.

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THOMAS COUNTY MAGISTRATE COURT; LAW LIBRARY FEES.

No. 438 (House Bill No. 748).

AN ACT

To authorize the Magistrate Court of Thomas 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:

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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 Thomas 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.

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 Thomas 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.

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

Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to authorize the Magistrate Court of Thomas 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.
AFFIDAVIT
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 Times-Enterprise which is the official organ of Thomas County on December 11, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

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s/ DARLENE TAYLOR Representative, District 173

Sworn to and subscribed before me, this 12th day of January, 2016.

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

Approved April 26, 2016.

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CITY OF MANCHESTER MAYOR AND COUNCIL; FILLING OF VACANCIES.

No. 445 (House Bill No. 786).

AN ACT

To amend an Act providing a new charter for the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended, particularly by an Act approved August 20, 1923 (Ga. L. 1923, p. 739), an Act approved March 28, 1990 (Ga. L. 1990, p. 4980), and an Act approved April 10, 2014 (Ga. L. 2014, p. 3692), so as to change provisions relating to the filling of vacancies in the offices of members of the governing authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing a new charter for the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended, particularly by an Act approved August 20, 1923 (Ga. L. 1923, p. 739), an Act approved March 28, 1990 (Ga. L. 1990, p. 4980), and an Act approved April 10, 2014 (Ga. L. 2014, p. 3692), is amended by revising subsection (b) of Section 4 as follows:
"(b) In the event that a member moves his or her residence from the district the member represents, that position on the city council shall immediately become vacant. Vacancies on the council created by death, resignation, or otherwise shall be filled in accordance with Section 16 of the City Charter."

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SECTION 2. Said Act is further amended by deleting from Section 16 the following:
"In the case of vacancies in the office of any commissioner, or if he can not act, the chairman shall immediately call a special election to fill said vacancy or vacancies after giving ten days' notice either by publication or posting the same. Said special election shall be held under the same rules and regulations as general elections are now held in and for said city." and inserting in lieu thereof the following: "Unless otherwise provided for by O.C.G.A. 36-30-13, a vacancy in the office of the mayor or any member of the city council shall be filled for the remainder of the unexpired term, if any, as follows: (1) if the vacancy occurs and there are more than 18 months remaining in the term of office of the seat vacated, then such vacancy shall be filled for the unexpired term of office at a special election held in accordance with Georgia law; (2) if the vacancy occurs and there are 18 or fewer months remaining in the term of office of the seat vacated, then the remaining members of the city council shall, by majority vote of those present and voting, select a qualified person to serve the remainder of the unexpired term."

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

Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended, particularly by an Act approved August 20, 1923 (Ga. L. 1923, p. 739), an Act approved March 28, 1990 (Ga. L. 1990, p. 4980), and an Act approved April 10, 2014 (Ga. L. 2014, p. 3692); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Debbie Buckner, Representative from District 137, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Meriwether Vindicator, which is the official organ of Meriwether County, on the 8th of January in the year 2016; and

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(B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ DEBBIE G. BUCKNER Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 20th of January, 2016, Before me:

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

Approved April 26, 2016.

__________

CITY OF VARNELL HOMESTEAD EXEMPTION; CITY TAXES; SENIOR CITIZENS AND UNREMARRIED SPOUSES OF DECEASED FIREFIGHTERS, POLICE OFFICERS, OR MILITARY VETERANS; REFERENDUM.

No. 446 (House Bill No. 787).

AN ACT

To provide for a homestead exemption from City of Varnell ad valorem taxes for municipal purposes in the full amount of the assessed value of the homestead for residents of that city who are 65 years of age or older or who are the unremarried spouses of deceased firefighters, police officers, or military veterans; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability;

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Varnell, 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, with the additional qualification that it shall include not more than five 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 Varnell who is a senior citizen or who is the unremarried spouse of a deceased firefighter, police officer, or military veteran is granted an exemption on that person's homestead from City of Varnell ad valorem taxes for municipal purposes in the full amount of the assessed value of that homestead. (c) A person who is a senior citizen 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 Varnell, 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 Varnell, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such person for such exemption. A person who is the unremarried spouse of a deceased firefighter, police officer, or military veteran 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 Varnell, or the designee thereof, giving the name of the person's deceased spouse, the places and dates such deceased spouse served as a firefighter, a police officer, or in the military, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Varnell, 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 Varnell, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the person granted the homestead exemption under subsection (b) of this section occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application

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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 Varnell, 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 lieu of and not in addition to any other homestead exemption applicable to City of Varnell 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 2. The municipal election superintendent of the City of Varnell shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Varnell for approval or rejection. The municipal election superintendent shall conduct that election in conjunction with the 2016 November general election and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Whitfield 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 Varnell ad valorem taxes for municipal purposes in the full amount of the
( ) NO assessed value of the homestead for residents of that city who are 65 years of age or older or who are the unremarried spouses of deceased firefighters, police officers, or military veterans?"
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. 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 Varnell. 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.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
notice is given that there will be introduced a the regular d2016 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Varnell ad valorem taxes for municipal purposes in the full amount of the assessed value of the homestead for residents of that city who are 65 years of age or older or who are the unremarried spouses of deceased firefighters, police officers, or military veterans; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide a referendum, effective dates, and automatic repeal; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Tom Dickson, Representative from District 6, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Daily Citizen, which is the official organ of Whitfield County, on the 15th of January in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ TOM DICKSON Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 20th of January, 2016, Before me:

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

Approved April 26, 2016.

__________

CITY OF HOSCHTON MAYOR AND COUNCIL; MANNER OF ELECTION.

No. 447 (House Bill No. 799).

AN ACT

To amend an Act to provide for a new charter for the City of Hoschton, Georgia, approved April 24, 2013 (Ga. L. 2013, p. 3539), so as to provide for the manner of election of the mayor and councilmembers; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide for a new charter for the City of Hoschton, Georgia, approved April 24, 2013 (Ga. L. 2013, p. 3539), is amended by adding a new subsection to Section 2.16 to read as follows:
"(c) All elections for the mayor and councilmembers shall be at large by the voters of the entire city. In elections after 2015, all qualified candidates' names shall be placed on the ballot, and the candidates receiving the two highest numbers of votes shall serve the terms of office of four years until their successors are elected and qualified. In the event the city holds a special election to fill one seat, only the candidate receiving the highest number of votes shall serve the term of office remaining of the four-year term being filled until a successor is elected and qualified. If there is a tie vote for the only or final position, the election shall be decided by a vote of the mayor and council; provided, however, that if one of the candidates is an incumbent, such incumbent shall not participate in the vote."

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

The public is hereby notified that an amendment to the municipal charter of the City of Hoschton, Georgia, has been proposed and will be introduced during the 2016 session of the Georgia Legislature. The amendment will provide for "at large" elections, meaning that candidates will no longer run for individual posts but all candidates will be placed on the ballot and those receiving the most votes will fill the seats. The amendment provides for an effective date: repeals conflicting laws; and is for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Tommy Benton, Representative from District 31, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Jackson Herald, which is the official organ of Jackson County, on the 13th of January in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ TOMMY H. BENTON Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 21st of January, 2016, Before me:

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

Approved April 26, 2016.

__________

CITY OF EAST DUBLIN CORPORATE LIMITS.

No. 455 (House Bill No. 839).

AN ACT

To amend an Act providing a charter for the City of East Dublin, approved April 9, 1981 (Ga. L. 1981, p. 4645), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4402), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing a charter for the City of East Dublin, approved April 9, 1981 (Ga. L. 1981, p. 4645), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4402), is amended by adding a seventh unnumbered paragraph to Section 1.11 to read as follows:
"The corporate limits of the City of East Dublin shall also embrace the following described property:
(a) The right of way of Nathaniel Drive, as such existed on January 1, 2016, as it extends generally southeastward from the southern boundary of the corporate limits at its intersection with Oakwood Drive to State Highway 199; and (b) The right of way of State Highway 199, as such existed on January 1, 2016, as it extends generally southeastward from its intersection with Nathaniel Drive to its intersection with the northerly right of way of Interstate 16."

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to amend an Act providing a charter for the City of East Dublin, approved April 9, 1981 (Ga. L. 1981, p. 4645), as amended particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4402); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Matt Hatchett, who on oath deposes and says that he is the Representative from District 150 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Courier Herald which is the official organ of Laurens County on December 18, 2015, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MATT HATCHETT Representative, District 150

Sworn to and subscribed before me, this 25th day of January, 2016.

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

Approved April 26, 2016.

__________

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CITY OF THOMASVILLE HOTEL/MOTEL TAX.

No. 462 (House Bill No. 867).

AN ACT

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

SECTION 2. The enactment of this Act is subsequent to the adoption of an ordinance by the governing authority of the City of Thomasville on January 11, 2016, which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.

SECTION 3. In accordance with the terms of such ordinance adopted by the mayor and council of the City of Thomasville:
(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 Thomasville; 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.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Thomasville, Georgia 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.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Darlene Taylor, Representative from District 173, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Thomasville Times-Enterprise, which is the official organ of Thomas County, on the 15th of January in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ DARLENE K. TAYLOR Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 22nd of January, 2016, Before me:

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

Approved April 27, 2016.

__________

CITY OF ST. MARYS MAYOR AND COUNCIL; MANNER OF ELECTION.

No. 465 (House Bill No. 880).

AN ACT

To amend an Act providing for a new charter for the City of St. Marys, Georgia, approved April 9, 1981 (Ga. L. 1981, p. 4763), as amended, so as to provide for the manner of election of the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for a new charter for the City of St. Marys, Georgia, approved April 9, 1981 (Ga. L. 1981, p. 4763), as amended, is amended by revising Section 3-102 as follows:

"SECTION 3-102. (a) For the purpose of electing councilmembers, the City of St. Marys shall consist of one election district with six numbered posts. Each person seeking election as a councilmember shall designate the post for which he or she seeks election. The candidate receiving a simple majority of the votes cast for the designated city council post shall be elected. All councilmembers shall be elected for terms of four years and until their respective successors are elected and qualified. (b) The mayor shall be elected from the city at large by a simple majority of the votes cast to fill such office for a term of four years and until his or her successor is elected and qualified.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(c) All municipal elections shall be nonpartisan, and the names of candidates shall be listed alphabetically upon the ballot without party label. (d) The terms of all councilmembers elected to city council posts in 2011 shall be for three years. The next succeeding election to fill those posts shall be held in 2014, and the terms of councilmembers elected to those posts in that election and subsequent elections shall be for four years. The terms of all councilmembers elected to city council posts in 2013 shall be for three years. The next succeeding election to fill those posts shall be held in 2016, and the terms of councilmembers elected to those posts in that election and subsequent elections shall be for four years. (e) The term of the mayor who shall be elected in 2013 shall be for three years. The next succeeding election for mayor shall be held in 2016, and the term for the person elected mayor in that election and subsequent elections shall be for four years. (f) There shall be a municipal general election biennially in even-numbered years on the Tuesday next following the first Monday in November. Candidates shall qualify in accordance with paragraph (3) of subsection (c) of Code Section 21-2-132 of the O.C.G.A."

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 2016 session of the General Assembly of Georgia a bill to amend an Act providing for a new charter for the City of St. Marys, Georgia, approved April 9, 1981 (Ga. L. 1981, p. 4763), as amended, so as to provide for the manner of qualifying for election of the mayor and council; to provide for related matters; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Jason Spencer, Representative from District 180, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Tribune & Georgian, which is the official organ of Camden County, on the 28th of January in the year 2016; and

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(B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ JASON C. SPENCER 180th Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 1st of February in the year 2016, Before me:

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

Approved April 27, 2016.

__________

UPSON COUNTY JUVENILE COURT; TRANSFER PROBATION AND INTAKE SERVICES TO GEORGIA DEPARTMENT OF JUVENILE JUSTICE.

No. 469 (House Bill No. 888).

AN ACT

To transfer probation and intake services of the Juvenile Court of Upson County to the Georgia Department of Juvenile Justice pursuant to Code Section 15-11-69 of the Official Code of Georgia Annotated; 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. (a) Pursuant to and as contemplated by Code Section 15-11-69 of the Official Code of Georgia Annotated, the probation and intake services of the Juvenile Court of Upson County are hereby transferred to the Georgia Department of Juvenile Justice, shall become a part of the state-wide juvenile and intake services, and shall be fully funded through the Georgia Department of Juvenile Justice. (b) The probation and intake officers of the Juvenile Court of Upson County shall become employees of the Georgia Department of Juvenile Justice on the effective date of this Act, and on and after that date such employees shall be subject to the salary schedules and other personnel policies of the Georgia Department of Juvenile Justice, except that the salaries of such employees shall not be reduced as a result of becoming employees of the Georgia Department of Juvenile Justice.

SECTION 2. This Act shall become effective on July 1, 2016.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to transfer probation and intake services of the Juvenile Court of Upson County to the Georgia Department of Juvenile Justice pursuant to Code Section 15-11-69 of the Official Code of Georgia Annotated; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Johnnie Caldwell, Jr., Representative from District 131, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Upson Beacon, which is the official organ of Upson County, on the 27th of January in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice

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of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ JOHNNIE L. CALDWELL, JR. Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 2nd of February in the year 2016, Before me:

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

Approved April 27, 2016.

__________

TATTNALL COUNTY BOARD OF EDUCATION; STAGGERED TERMS.

No. 470 (House Bill No. 890).

AN ACT

To amend an Act providing for the election of the members of the board of education of Tattnall County, approved February 29, 1968 (Ga. L. 1968, p. 2077), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3922), so as to stagger the terms of the members of the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1. An Act providing for the election of the members of the board of education of Tattnall County, approved February 29, 1968 (Ga. L. 1968, p. 2077), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3922), is amended by revising subsection (c) of Section 1 as follows:
"(c)(1) The term of office of the chairperson of the board elected in the November general election in 2012, who took office on January 1, 2013, shall end December 31, 2016. A successor shall be elected in the 2016 nonpartisan general election and shall take office on January 1, 2017. (2) The terms of office of the members of the board of education from Districts 1, 3, and 5 elected in 2012 shall end December 31, 2016. Successors to such members from Districts 1, 3, and 5 shall be elected in the 2016 nonpartisan general election and shall take office on January 1, 2017, for terms of two years which shall end on December 31, 2018. Successors to such members from Districts 1, 3, and 5 shall be elected in the 2018 nonpartisan general election and shall take office on January 1, 2019, for terms of four years which shall end on December 31, 2022. (3) The terms of office of the members of the board of education from Districts 2 and 4 elected in 2012 shall end December 31, 2016. Successors to such members from Districts 2 and 4 shall be elected in the 2016 nonpartisan general election and shall take office on January 1, 2017, for terms of four years which shall end on December 31, 2020. (4) Thereafter, successors to the chairperson and members of the board of education whose terms are to expire shall be elected at the time of the nonpartisan general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. (5) The chairperson and members of the board shall serve for the terms of office specified in this subsection and until their respective successors are elected and qualified. (6) The chairperson and all members of the board shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' in nonpartisan elections as provided in Code Section 21-2-139."

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

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to amend an Act providing for the election of the members of the Board of Education of Tattnall County, approved February 29, 1968 (Ga. L. 1968, p. 2077), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3922), so as to

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stagger the terms of the members of the Board of Education; to provide for related matters; and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Bill Werkheiser, Representative from District 157, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Glennville Sentinel, which is the official organ of Tattnall County, on the 21st of January in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ BILL WERKHEISER Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 2nd of February, 2016, Before me:

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

Approved April 27, 2016.

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ATKINSON COUNTY BOARD OF EDUCATION; COMPENSATION.

No. 477 (House Bill No. 925).

AN ACT

To amend an Act reconstituting the Board of Education of Atkinson County, approved April 5, 1993 (Ga. L. 1993, p. 4771), as amended, so as to change the compensation of the members of the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act reconstituting the Board of Education of Atkinson County, approved April 5, 1993 (Ga. L. 1993, p. 4771), as amended, is amended by revising Section 6 as follows:

"SECTION 6. The members of the board of education, including the chairperson, shall receive $350.00 per month as compensation for their services."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to amend an Act reconstituting the Board of Education of Atkinson County, approved April 5, 1993 (Ga. L. 1993, p. 4771), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Jason Shaw, Representative from District 176, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:

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(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Atkinson County Citizen, which is the official organ of Atkinson County, on the 21st of January in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ JASON SHAW Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 4th of February, 2016, Before me:

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

Approved April 27, 2016.

__________

CITY OF BLAIRSVILLE NEW CHARTER.

No. 478 (House Bill No. 930).

AN ACT

To provide a new charter for the City of Blairsville; 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 number, election, terms, and qualifications of its members; to provide for vacancies and the filling of same; to provide for compensation and expenses; to provide for conflicts of interest and

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holding other offices; to provide for inquiries and investigations; to provide for general powers and authority; to provide for eminent domain; to provide for oaths and organizational meetings; to provide for regular and special meetings; to provide for rules of procedure, determination of a quorum, and voting; to provide for ordinances, resolutions, and codes; to provide for emergencies; to provide for codes of technical regulations; to provide for signing, authenticating, recording, codification, and printing; to provide for a mayor and election of same, forfeiture and compensation, powers and duties of the mayor, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for administrative and service departments; to provide for a city attorney and a city clerk; to provide for position classification and pay plans; to provide for personnel policies; 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 rules of the municipal court; to provide for elections and removal from office; to provide for finances; to provide for a property tax, millage rate, due dates, and payment methods; to provide for occupation and business taxes and related regulatory fees and permits; to provide for franchises, service charges, and special assessments; to provide for construction and other taxes and fees and collection of delinquent taxes and fees; to provide for bonded and other indebtedness; to provide for lease-purchase contracts; to provide for a fiscal year; to provide for budgeting and appropriations; to provide for tax levies; to provide for audits; to provide for contracting procedures; to provide for the conveyance and acquisition of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, existing officers and rules, and pending matters; to provide for definitions and construction; 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 Blairsville in Union 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 Blairsville," shall continue as a body politic and corporate, known by the corporate name of the "City of Blairsville," and, by that name, the City of Blairsville shall continue 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 Blairsville, repealing and replacing the charter provided by an Act of the General Assembly approved March 28, 1984

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(Ga. L. 1984, p. 4967), as amended. References in this charter to "the city" refer to the City of Blairsville.

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 Blairsville, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

SECTION 1.12. Powers and construction.

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

Without limiting the generality of Section 1.12 of this charter, the city may exercise any or all of 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

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by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To 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, Title 32 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) 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 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,

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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; (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;

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(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 that 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, Title 32 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or 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 other structures or obstructions upon or adjacent to the rights-of-way of streets and roads, or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan and other employee benefit plans and programs for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises in 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;

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(33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, the manufacture and sale of intoxicating liquors; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; to license and tax professional fortunetelling, palmistry, and massage parlors; to restrict adult bookstores to certain areas; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation. (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers, now or in the future, authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

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SECTION 1.14. Exercise of powers.

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.

(a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five council members. The city council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and council members shall be elected in the manner provided by general law and this charter. (b) The council shall be composed of five members elected by the voters of the city at large in accordance with provisions of Article V of this charter. The mayor shall be elected as provided in Section 2.27 of this charter.

SECTION 2.11. City council terms and qualifications for office.

The mayor and members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless that person shall have been a resident of the city for at least 12 months prior to the date of election of mayor or members of the council; each shall continue to reside therein during that member's period of service and to be registered and qualified to vote in municipal elections of this city.

SECTION 2.12. Vacancy; filling of vacancies.

(a) The office of mayor or council member shall become vacant upon the incumbent's death, resignation, forfeiture of office, or occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (b) A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, by appointment by the city council or those members remaining

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if less than 24 months remain in the unexpired term. If such vacancy occurs 24 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. (c) This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any council member.

SECTION 2.13. Compensation and expenses.

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

SECTION 2.14. Conflicts of interest; holding other offices.

(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Except as authorized by law, the mayor or any council member shall not hold any other city office or city employment during the term for which that person was elected. (c) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person or a member of the immediate family of that person, being parents, siblings, children, and grandchildren, is financially interested.

SECTION 2.15. Inquiries and investigations.

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

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

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

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(b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, 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 Blairsville 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 hold an organizational meeting on the first Tuesday of January or the first business day following the first Tuesday if that day is a holiday. The meeting shall be called to order by the mayor or mayor-elect and the oath of office shall be administered to the newly elected members 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)(council member) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of the City of Blairsville for the time required 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 Blairsville to the best of my ability without fear, favor, affection, reward, or expectation thereof."

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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 of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Section 50-14-1 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted.

SECTION 2.20. Rules of procedure.

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

SECTION 2.21. Quorum; voting.

(a) Three council members shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three council members shall be required for the adoption of any ordinance, resolution, or motion, except when the mayor votes to break a tie, and in that event the affirmative vote of the mayor and two council members shall be sufficient for the adoption of an ordinance, resolution, or motion.

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(b) No member of the city council shall abstain from voting on any matter properly brought before the council for official action except when such council member has a conflict of interest which is disclosed in writing prior to or at the meeting and made a part of the minutes. Any member of the city council present and eligible to vote on a matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of interest shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved.

SECTION 2.22. Ordinance form; resolutions; procedures.

(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Blairsville" 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, that an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.

SECTION 2.23. Action requiring an ordinance.

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

SECTION 2.24. Emergencies.

(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three council members and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or

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rejected at the meeting at which it is introduced, but the affirmative vote of at least three council members shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law, and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Section 50-14-1 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted.

SECTION 2.25. Codes of technical regulations.

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

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

(a) The clerk shall authenticate by the clerk's signature, and record in full in a properly indexed book kept for that purpose, all ordinances adopted by the council. (b) The city council may 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 Blairsville, 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

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shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

SECTION 2.27. Election of mayor; forfeiture; compensation.

The mayor shall be elected and serve for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for at least 12 months prior to the election. The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedure as for 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; (5) Vote in the event of a tie on matters before the council; (6) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget; and (7) Fulfill such other executive and administrative duties as the city council shall by ordinance establish.

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

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

SECTION 3.11. Boards; commissions; and authorities.

(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary, and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the 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.

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(f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating that member to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All members of boards, commissions, and authorities serve at-will and may be removed at any time by a vote of three members of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as 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 services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney. The city attorney is not a public official of the city and does not take an oath of office. The city attorney shall at all times be an independent contractor. A law firm, rather than an individual, may be designated as the city attorney.

SECTION 3.13. City clerk.

The city council shall appoint a city clerk who shall not be a 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.

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SECTION 3.14. Position classification and pay plans.

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

SECTION 3.15. Personnel policies.

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

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

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

SECTION 4.11. Chief judge of municipal court; associate judge.

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

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SECTION 4.12. Convening.

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

SECTION 4.13. Jurisdiction; powers.

(a) The municipal court shall 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 fines in such higher amounts as municipalities may be allowed to impose by general laws of the state, or imprisonment for 180 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now, or hereafter, provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the

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municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.

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 Union 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 whole the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.

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

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

SECTION 5.11. Election of the city council and mayor.

(a) There shall be a municipal general election biennially on the Tuesday next following the first Monday in November in odd-numbered years. (b) There shall be elected the mayor and two council members at the municipal general election held in 2017 and quadrennially thereafter. The remaining city council seats shall be filled at the municipal general election held in 2019 and quadrennially thereafter, so that a continuing body is created. Terms shall be for four years.

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(c) The mayor and council members serving as such on July 1, 2016, shall continue to serve for the remainder of the terms to which they were elected.

SECTION 5.12. Nonpartisan elections.

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

SECTION 5.13. Election by plurality.

The person receiving a plurality of the votes cast for any city office shall be elected.

SECTION 5.14. Special elections; vacancies.

In the event that the office of mayor or 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 24 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the Georgia Election Code, Chapter 2 of Title 21 of the Official Code of Georgia Annotated, as now or hereafter amended.

SECTION 5.15. 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, as now or hereafter amended.

SECTION 5.16. Removal of officers.

(a) The mayor, council members, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the Official Code of Georgia Annotated, 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 Union 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 Union County following a hearing on a complaint seeking such removal brought by any resident of the City of Blairsville.

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

SECTION 6.19. General obligation bonds.

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

SECTION 6.20. Revenue bonds.

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

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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 the contract terminates without further obligation on the part of the municipality at the close of the calendar year or fiscal year in which it was executed and at the close of each succeeding calendar year or fiscal year, as applicable, for which it may be renewed. Contracts must be executed in accordance with the requirements of Section 36-60-13 of the Official Code of Georgia Annotated or other such applicable laws as are or may hereafter be enacted.

SECTION 6.23. Fiscal year.

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

SECTION 6.24. Preparation of budgets.

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

SECTION 6.25. Submission of operating budget to city council.

On or before a date fixed by the city council but not later than 90 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

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budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

SECTION 6.26. Action by city council on budget.

(a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the tenth day before the beginning of the next fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by 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. (b) 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.

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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, 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. Capital budget.

(a) On or before the date fixed by the city council, but no later than 90 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the tenth day before the beginning of the next 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.

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 6.31. Contracting procedures.

No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is made or authorized by the city council and such approval is entered in the city council minutes of proceedings pursuant to Section 2.21 of this charter.

SECTION 6.32. Centralized purchasing.

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

SECTION 6.33. Sale and lease of city property.

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

ARTICLE VII 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

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effect for a period of 120 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.

SECTION 7.13. Pending matters.

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

SECTION 7.14. Construction.

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

SECTION 7.15. Specific repealer.

An Act to reincorporate the City of Blairsville in the County of Union; to create a new charter for said city; to provide its corporate limits; to provide for the government of said city; to provide for the officials thereof; to provide for their powers and duties; to provide for their terms of office; to provide for the organization and administration of said city; to provide for finance and fiscal matters; to provide for election and removal of officers; to provide for a city court; to provide for miscellaneous provisions; to provide for other matters relative to the foregoing; to provide an effective date; to repeal certain specific laws; to repeal conflicting laws; and for other purposes, approved March 28, 1984 (Ga. L. 1984, p. 4967), as amended, is hereby repealed.

SECTION 7.16. Effective date.

This Act shall become effective on July 1, 2016.

GEORGIA LAWS 2016 SESSION SECTION 7.17. General repealer.
All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to provide a new charter for the City of Blairsville; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Stephen Allison, Representative from District 8, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the North Georgia News, which is the official organ of Union County, on the 3rd of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ STEPHEN ALLISON Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of February in the year 2016, Before me:

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

Approved April 27, 2016.

__________

THOMAS COUNTY HOTEL/MOTEL TAX.

No. 479 (House Bill No. 932).

AN ACT

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

SECTION 2. The enactment of this Act is subsequent to the adoption of a resolution of the governing authority of Thomas County 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 governing authority of Thomas 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 Thomas 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 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 2016 session of the General Assembly of Georgia a bill to authorize the governing authority of Thomas 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.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Darlene Taylor, Representative from District 173, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Thomasville Times-Enterprise, which is the official organ of Thomas County, on the 26th of January in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ DARLENE TAYLOR Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 26th of January, 2016, Before me:

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

Approved April 27, 2016.

__________

FORSYTH COUNTY FORSYTH COUNTY CIVIL SERVICE SYSTEM; EXEMPT POSITIONS.

No. 481 (House Bill No. 940).

AN ACT

To amend the Forsyth County Civil Service System Act creating the Forsyth County Civil Service System, approved March 13, 1978 (Ga. L. 1978, p. 3572), as amended, particularly by an Ordinance and Resolution adopted by the Board of Commissioners of Forsyth County May 19, 2011 (Ga. L. 2012, p. 5687), so as to exempt the position of IT/special projects administrator of the office of the Clerk of Superior Court of Forsyth County from the application of the Forsyth County civil service system; 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 amending the Forsyth County Civil Service System Act creating the Forsyth County Civil Service System, approved March 13, 1978 (Ga. L. 1978, p. 3572), as amended, particularly by an Ordinance and Resolution adopted by the Board of Commissioners of Forsyth County May 19, 2011 (Ga. L. 2012, p. 5687), is amended by revising subsection (a) of Section 2 as follows:
"Section 2 (a). There is hereby created and established a civil service system of personnel administration, to be known as the Forsyth County Civil Service System. All employees of Forsyth County shall be members of the Forsyth County Civil Service System except: elected officers of the county, members of appointed boards, members of commissions and authorities, the county attorney, the county physician, part-time employees, hourly wage earners, seasonal employees and consultants, employees of the Probate Court of Forsyth County, employees of Forsyth County Pre-Trial Services, the Chief Deputy of the Superior Court of Forsyth County, the Office Manager of the Office of the Clerk of Superior Court of Forsyth County, the IT/Special Projects Administrator of the Clerk of Superior Court of Forsyth County, and other employees expressly exempt by law."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to amend the Forsyth County Civil Service System Act creating the Forsyth County Civil Service System, approved March 13, 1978 (Ga. L. 1978, p. 3572), as amended, particularly by an Ordinance and Resolution adopted by the Board of Commissioners of Forsyth County May 19, 2011 (Ga. L. 2012, p. 5687); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Sheri Gilligan, Representative from District 24, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:

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(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Forsyth County News, which is the official organ of Forsyth County, on the 5th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ SHERI GILLIGAN Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of February in the year 2016, Before me:

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

Approved April 27, 2016.

__________

SCHLEY COUNTY SCHLEY COUNTY UTILITIES AUTHORITY; APPOINTMENT OF MEMBERS.

No. 482 (House Bill No. 945).

AN ACT

To amend an Act creating the Schley County Utilities Authority, approved May 12, 2015 (Ga. L. 2015, p. 4204), so as to modify provisions related to appointment of authority members; 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 Schley County Utilities Authority, approved May 12, 2015 (Ga. L. 2015, p. 4204), is amended by revising Section 3 as follows:

"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, and shall not have been convicted of a felony, a misdemeanor of a high and aggravated nature, or a crime of moral turpitude. (c) The Board of Commissioners of Schley County shall appoint the members of the authority, one of whom may be the county manager and two of whom may be members of the Board of Commissioners of Schley County. 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.

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(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 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 2016 session of the General Assembly of Georgia a bill to amend Georgia Laws 2015, p. 4204, which created the Schley County Utilities Authority, so as to provide for a change in the qualifications of persons eligible to be appointed to the Authority; to provide for related matters; to provide for an effective date; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Mike Cheokas, Representative from District 138, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Journal, which is the official organ of Schley County, on the 27th of January in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ MIKE CHEOKAS, 138 Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of February in the year 2016, Before me:

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

Approved April 27, 2016.

__________

ECHOLS COUNTY PROBATE COURT; TECHNOLOGY FEE.

No. 483 (House Bill No. 947).

AN ACT

To authorize the assessment and collection of a technology fee by the Probate Court of Echols County; to identify the authorized uses of said technology fee; to provide for the maintenance of said technology fee funds; to authorize collaboration of the clerk of the Probate Court of Echols County with the finance director of Echols County; to provide for reports of income and expenditures; to provide for fund history reviews; to provide for lowering of the amount of said technology fee; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) The clerk of the Probate Court of Echols County is hereby authorized to charge and collect a technology fee to be set by the judge of the probate court in the amount of $10.00 for the filing of each civil action with the court and $10.00 as a surcharge upon each fine assessed by the court. Such technology fees shall be used exclusively to provide for technological needs of the Probate Court of Echols County, the Superior Court of Echols County, the office of the Sheriff of Echols County, and the office of the Tax Commissioner of Echols County. Such uses shall include only the following:
(1) Computer hardware and software purchases; (2) Lease, maintenance, and installation of computer hardware; and

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(3) Purchase, lease, maintenance, and installation of imaging, scanning, facsimile, communications, projection, and printing equipment and software. (b) Funds collected pursuant to this section shall be maintained in a segregated account by the clerk of the probate court or the clerk of the Echols County Board of Commissioners and shall be used only for the purposes authorized in this section at the direction of a board of trustees, which will consist of the judge of the probate court, the clerk of the superior court, the sheriff, the tax commissioner, and one member of the board of commissioners. (c) The clerk of the probate court shall collaborate with the finance director of Echols County to ensure the effective implementation of this section. (d) At the end of each calendar year, the finance director of Echols County shall provide a detailed report of all income and expenditures of funds collected pursuant to this section to the board of trustees identified in subsection (b) of this section. (e) Beginning on July 1, 2016, and every two years thereafter, the finance director of Echols County shall review the history of the fund established by this section. (f) On or after July 1, 2017, the finance director of Echols County and the board of trustees identified in subsection (b) of this section shall review the history of the fund created by this section and the board of trustees shall be authorized, with the advice and consent of the Board of Commissioners of Echols County, to set the technology fee at an even dollar figure less than $10.00 by an order filed with the clerk of the probate court. (g) The authority to assess a technology fee pursuant to this section shall terminate on July 1, 2020, and any residual funds remaining in the fund established by this section shall remain dedicated to general Echols County technology uses.

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 2016 session of The General Assemble of Georgia a bill to authorize the assessment and collection Of a technology fee by the Probate Court of Echols County; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, John Corbett, Representative from District 174, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached.

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(2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Valdosta Daily Times, which is the official organ of Echols County, on the 6th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ JOHN CORBETT Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 9th of February, 2016, Before me:

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

Approved April 27, 2016.

__________

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

FULTON COUNTY LIBRARY SYSTEM; TERM OF MEMBER APPOINTED BY MAYOR OF ATLANTA.

No. 487 (House Bill No. 958).

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 12, 2015 (Ga. L. 2015, p. 4054), so as to provide for the term of the member appointed by the mayor; 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 12, 2015 (Ga. L. 2015, p. 4054), is amended by revising paragraph (2) of subsection (b) of Section 4 as follows:
"(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. The member of the board of trustees appointed by the mayor of the City of Atlanta shall serve at the pleasure of the mayor and for the same term as the mayor."

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 2016 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, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved May 12, 2015 (Ga. L. 2015, p. 4054), so as to provide for the term of the member appointed by the mayor; to provide for related matters; to provide an effective date; and for other purposes.

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AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Jan Jones, Representative from District 47, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Daily Report, which is the official organ of Fulton County, on the 28th of January in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ JAN JONES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 1st of February, 2016, Before me:

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

Approved April 27, 2016.

__________

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MACON WATER COMMISSIONERS PENSION PLAN; TERMINATION OF EMPLOYMENT BEFORE RETIREMENT; DIRECT ROLLOVERS.

No. 490 (House Bill No. 967).

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 modify provisions related to termination of employment before retirement; to modify provisions related to direct rollovers; 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 5.7 of Article V, Benefits, of Section 1 as follows:
"5.7 TERMINATION OF EMPLOYMENT BEFORE RETIREMENT. (a)(1) In the event a member terminates service with the authority, or in the event the member's service is terminated for any reason other than death or cause for which the member receives benefit payments elsewhere under the plan, the member may elect to receive a severance benefit equal to the member's cumulative employee contributions, plus simple interest credited to the member's contributions annually at the rate of 75 percent of the actuarial interest credit in effect during the member's time of service as specified in Section 4.1 of the plan. Such interest credit shall be calculated on employee contributions made by the member through the December 31 coincident with or immediately preceding the member's termination of service. Such payment is in lieu of all other benefits provided under the plan, and shall be the exclusive benefit provided to a member who elects to take his or her severance benefit. (2)(A) Within a reasonable time period following a member's termination of service, a terminated member shall be notified in writing by certified mail, return receipt requested, of his or her option to forego the severance benefit described in paragraph (1) of this subsection and leave the member's employee contributions in the plan's trust so as to avoid the forfeiture of the member's accrued benefit related to employer contributions. Except as otherwise provided in subparagraph (B) of this paragraph, the terminated member shall be afforded a 12 month period, measured from the date of the member's termination of service, in which to make such election, and in the absence of an election by the terminated member, at the expiration of such

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12 month period, the authority shall cause the trustee to distribute such severance benefit to the member as soon as administratively practicable. (B) In the case of a terminated member with an account balance between $1,000.00 and $4,999.99, the employer shall deposit such funds into an individual retirement account on behalf of such member. If a terminated member maintains an account balance of $5,000.00 or more, excluding rollover funds, the authority shall maintain such member's contributions in the plan until such time as the member makes an affirmative election to receive them. (b) At the election of the terminated member, a member shall be entitled to receive actuarially reduced benefits prior to normal retirement age pursuant to this section, on or after the date the member would have become eligible for early retirement. (c) Payment to a terminated member of the vested portion of the accrued benefit who has not received a benefit under subsection (a) of this section or commenced the receipt of a benefit under this section, unless the terminated member otherwise elects, shall begin not later than the sixtieth day after the close of the plan year in which the later of the following events occurs: (1) the date on which the member attains normal retirement age; or (2) the date the member terminates service with the employer. (d) A member shall always be 100 percent vested in his or her own employee contributions. The vested portion of any member's accrued benefit shall be a percentage of such member's accrued benefit determined on the basis of the member's number of years of service according to the following vesting schedule:

Years of Service

Vesting Percentage

Less than five years. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.000%

Five years or more. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.000%
If the member's vested portion of the present value of accrued benefit is zero, then the deemed cashout rule will apply and the member shall be deemed to have received a distribution of such vested portion; provided, however, that a member's entire interest in the plan shall be nonforfeitable upon the member's normal retirement age if the member is an active employee employed by the employer on or after such date. (e) Notwithstanding the provisions of subsection (d) of this section, the vested percentage of a member's accrued benefit shall not be less than the vested percentage attained as of the later of the effective date or adoption date of this amendment. The computation of a member's nonforfeitable percentage of such member's interest in the plan shall not be reduced as the result of any direct or indirect amendment to this article. If the plan's vesting schedule is amended, then the amended schedule shall apply to those members who complete an hour of service after the effective date of the amendment. (f) If the plan's vesting schedule is amended, or if the plan is amended in any way that directly or indirectly affects the computation of the member's nonforfeitable percentage, then each member with at least three years of service as of the expiration date of the

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election period may elect to have such member's nonforfeitable percentage computed under the plan without regard to such amendment or change. If a member fails to make such election, then such member shall be subject to the new vesting schedule. The member's election period shall commence on the adoption date of the amendment and shall end 60 days after the latest of: (1) the adoption date of the amendment, (2) the effective date of the amendment, or (3) the date the member receives written notice of the amendment from the employer or administrator."

SECTION 2. Said Act is further amended by revising Section 5.15 of Article V, Benefits, of Section 1 as follows:
"5.15 DIRECT ROLLOVERS. (a) Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee's election under this section, a distributee, or their beneficiary, may elect, at the time and in the manner prescribed by the administrator, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee, or their beneficiary, in a direct rollover. (b) As used in this subsection, the term:
(1) 'Direct rollover' means a payment by the plan to the eligible retirement plan specified by the distributee. (2) 'Distributee' includes an employee or former employee. In addition, the employee's or former employee's surviving spouse, the employee's or former employee's nonspouse beneficiary who is a designated beneficiary as defined in Code Section 401(a)(9)(E), and the employee's or former employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Code Section 414(p), are distributees with regard to the interest of the spouse or former spouse. (3) 'Eligible retirement plan' means an individual retirement account described in Code Section 408(a), an individual retirement annuity described in Code Section 408(b) other than an endowment contract, a qualified trust, an employees' trust described in Code Section 401(a) which is exempt from taxation under Code Section 501(a), an annuity plan described in Code Section 403(a), an eligible deferred compensation plan described in Code Section 457(b) which is maintained by an eligible employer described in Code Section 457(e)(1)(A) and that agrees to separately account for amounts transferred into such plan, and an annuity contract described in Code Section 403(b) that accepts the distributee's eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. The term shall also apply in the case of a distribution to a surviving spouse or to a spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Code Section 414(p). The term shall also apply to a Roth-IRA as described in Code Section 408(a).

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(4) 'Eligible rollover distribution' means any distribution described in Code Section 402(c)(4) and generally includes any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include any distribution that is one of a series of substantially equal periodic payments not less frequently than annually made for the life or life expectancy of the distributee or the joint lives or joint life expectancies of the distributee and the distributee's designated beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under Code Section 401(a)(9); the portion of any other distribution that is not includible in gross income, determined without regard to the exclusion for net unrealized appreciation with respect to employer securities; and any other distribution reasonably expected to total less than $200.00 during a year. Any amount that is distributed on account of hardship shall not be an eligible rollover distribution, and the distributee may not elect to have any portion of such a distribution paid directly to an eligible retirement plan."

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 2016 session of the General Assembly of Georgia a bill to amend an Act entitled "Macon Water Commissioners - Pension Plan," approved December 30, 1953 (Ga. L. 1953, p. 2831), as amended, particularly by an Act approved May 1, 2012 (Ga. L. 2012, p. 5637); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, James Epps, Representative from District 144, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Macon Telegraph, which is the official organ of Bibb County, on the 30th of January in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or

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otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ JAMES A. EPPS, JR. Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 9th of February, 2016, Before me:

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

Approved April 27, 2016.

__________

PIKE COUNTY MAGISTRATE COURT; LAW LIBRARY FEE.

No. 491 (House Bill No. 968).

AN ACT

To authorize the Magistrate Court of Pike 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 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 Pike County is authorized to impose a county law library fee upon all cases in such court as

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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 Griffin Judicial Circuit.

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 Pike County.

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 2016 session of the General Assembly of Georgia a bill to authorize the Magistrate Court of Pike 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; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Johnnie Caldwell, Representative from District 131, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Pike County Journal Reporter, which is the official organ of Pike County, on the 3rd of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:

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(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ JOHNNIE L. CALDWELL Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 10th of February, 2016, Before me:

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

Approved April 27, 2016.

__________

COBB COUNTY-MARIETTA WATER AUTHORITY MEMBERSHIP AND TERMS OF OFFICE OF MEMBERS OF AUTHORITY.

No. 495 (House Bill No. 1003).

AN ACT

To amend an Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, so as to change provisions relating to the membership and terms of office of members of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, is amended by revising subsections (b) and (c) of Section 2 as follows:

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"(b) The authority shall consist of seven members who shall be determined and selected as follows:
(1) One member shall be the chairperson of the Board of Commissioners of Cobb County, Georgia; (2) One member shall be selected by the governing authority of the City of Marietta, Georgia; (3) One member shall be selected by the governing authority of the City of Smyrna, Georgia; and (4) Four members shall be selected by a caucus consisting of all members of the General Assembly whose districts are wholly or partially within Cobb County. The four members so selected by the caucus shall include one member from Cobb Commission District 1 or 4, excluding residents of Marietta and Smyrna; one member from Cobb Commission District 2 or 3, excluding residents of Marietta and Smyrna; and two members from unincorporated Cobb County. (c) The term of office of the chairperson of the Board of Commissioners of Cobb County as a member of the authority shall be concurrent with his or her term of office as chairperson. The member of the authority appointed by the governing authority of Marietta serving on July 1, 2006, shall serve until August 14, 2008, and until his or her successor is appointed and qualified. The member of the authority appointed by the governing authority of Smyrna shall begin serving on August 15, 2006, and shall serve until August 14, 2008, or until his or her successor is appointed and qualified. Thereafter, both the member of the authority appointed by Marietta and the member of the authority appointed by Smyrna shall serve for terms of four years and until their successors are appointed and qualified and shall assume office on August 15 following the expiration of the prior members' terms. The three members of the authority appointed by the members of the General Assembly from Cobb County serving on the effective date of the 2016 amendment to this subsection shall serve until their successors are appointed and qualified and until the following dates: the member from unincorporated Cobb County shall serve until August 14, 2019; the member from Cobb Commission District 2 or 3, excluding residents of Marietta and Smyrna, shall serve until August 14, 2017; and the member from Cobb Commission District 1 or 4, excluding residents of Marietta and Smyrna, shall serve until August 14, 2018. The second member from unincorporated Cobb County shall assume office on January 1, 2017, and shall serve until August 14, 2019, and until his or her successor is appointed and qualified. Thereafter, such members of the authority appointed by the members of the General Assembly from Cobb County shall serve for terms of four years and until their successors are appointed and qualified and shall assume office on August 15 following the expiration of the prior members' terms."

SECTION 2. 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 2016 session of the General Assembly of Georgia a bill to amend an Act which incorporated the Cobb County-Marietta Water Authority in order to convert the currently listed board member serving by virtue of being the Chair of the Paulding County Board of Commissioners to a position appointed by the Cobb County delegation of the General Assembly, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Earl Ehrhart, Representative from District 36, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Marietta Daily Journal, which is the official organ of Cobb County, on the 29th of January in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ EARL EHRHART Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 11th of February, 2016, Before me:

s/ JENNIFER BURGESS Jennifer Burgess

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

Approved April 28, 2016.

__________

CITY OF PELHAM NEW CHARTER.

No. 496 (House Bill No. 1007).

AN ACT

To provide a new charter for the City of Pelham; to provide for incorporation, boundaries, and property of the city; to provide for construction of powers; to create a city council and provide for its number, election, terms, qualifications, vacancies and filling of same, compensation and expenses, and conflicts of interest; to provide for inquiries and investigations, eminent domain, meetings, and rules of procedure; to provide for a quorum and voting; to provide for ordinances, emergencies, technical codes, and maintenance of ordinances; to provide for the election of a mayor and for forfeiture, compensation, powers, and duties; to provide for a mayor pro tempore; to provide for a city manager and to prohibit interference with administration by the governing body; to provide for administrative and service departments; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections 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 a board of education; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide 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:

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ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Incorporation.

The City of Pelham in Mitchell 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 Pelham," shall continue as a body politic and corporate, known by the corporate name of the "City of Pelham," and, by that name, the City of Pelham shall continue 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 Pelham, repealing and replacing the charter provided by an Act of the General Assembly approved March 11, 1977 (Ga. L. 1977, p. 3034), as amended. References in this charter to "the city" refer to the City of Pelham.

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 Pelham, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

SECTION 1.12. Powers and construction.

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

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SECTION 1.13. Examples of 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 or for municipalities by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the Official Code of Georgia Annotated or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property inside or outside the corporate limits of the city for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures as the same shall exist from time to time provided by the Official Code of Georgia Annotated; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists 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 through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge or restrict the same; to prescribe fire safety regulations not inconsistent with general law relating to fire prevention and detection and fire-fighting; and to prescribe penalties and punishment for violations thereof;

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(10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal fee and other sanitary service charge as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services or to whom such services are available; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all 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 accept or transfer an interest in any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of the same by the public, and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television, and other telecommunications, transportation facilities, public airports, and any other public utility;

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and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers; and to establish, operate, or contract for police and firefighting agencies; (25) 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; (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 procedures provided by the Official Code of Georgia Annotated as the same shall exist from time to time; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or to 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 franchisee 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 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, 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,

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alleys, and walkways within the corporate limits of the city; and to grant franchises in rights-of-way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; 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; (35) Special areas of public regulation. To regulate or prohibit junk dealers, the manufacture, sale, or transportation of intoxicating liquors; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which 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, or regulate professional fortunetelling, palmistry, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation. (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by

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

SECTION 2.11. City council terms and qualifications for office.

The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless that person shall have been a resident of the city for at least 12 months prior to the date of election of the mayor or member of the council; each shall continue to reside therein during that member's period of service and to be registered and qualified to vote in municipal elections of this city.

SECTION 2.12. Vacancy; filling of vacancies.

(a) Vacancies. The office of mayor or council member shall become vacant upon the incumbent's death, resignation, forfeiture of office, or the occurrence of any event specified

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by the Constitution of the State of Georgia, Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (b) Filling of vacancies. A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, by appointment by the remaining council members if less than six months remain in the unexpired term, otherwise by an election, as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated or other such laws as are or may hereafter be enacted.

SECTION 2.13. Compensation and expenses.

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

SECTION 2.14. Conflicts of interest.

(a) Elected and appointed officers of the 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. Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of the city as provided by Article I of this charter.

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, detention, penal, and medical institutions, agencies, and facilities and any other public improvements

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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 at the first regularly scheduled 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 Pelham, 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, or any other state, or any foreign state, which I am by the laws of the State of Georgia prohibited from holding; that I am qualified to hold the office which I am about to enter according to the Constitution and laws of the State of Georgia; that I will support the Constitutions of the United States and the State of Georgia; that I have been a resident of the district from which elected and the City of Pelham for the time required by the Constitution and laws of the State of Georgia and the Charter of the City of Pelham, so help me God." (b) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (c) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting. (d) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Section 50-14-1 of the Official Code of Georgia Annotated or other such applicable laws as are or may hereafter be enacted.

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SECTION 2.18. 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 minutes of its proceedings, which shall be a public record. (b) All committees and committee chairs and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.

SECTION 2.19. Quorum; voting.

Four council members other than the mayor or the mayor and three council members shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances may be by oral vote, and the vote shall be recorded in the city council minutes of proceedings pursuant to Section 2.18 of this charter; but any member of the city council shall have the right to require a roll-call vote, and such vote shall be recorded in the city council minutes of proceedings pursuant to Section 2.18 of this charter. Except as otherwise provided in this charter, the affirmative vote of four council members shall be required for the adoption of any ordinance. An abstention noted on the record shall be counted as a negative vote.

SECTION 2.20. Ordinance form; resolutions; procedures.

(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Pelham" 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. Except for emergency ordinances, all ordinances shall have two separate readings; provided, however, that the city council may dispense with the second reading with the unanimous consent of the members present. Upon introduction of any ordinance, the city clerk shall as soon as possible distribute a copy to the mayor and 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.

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SECTION 2.21. Action requiring an ordinance; definition.

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

SECTION 2.22. Emergencies.

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

SECTION 2.23. 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 Section 2.20(b) of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.24 of this charter.

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

SECTION 2.24. 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 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 Pelham, 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 2.25. Election of mayor; forfeiture; compensation.

The mayor shall be elected and serve for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for at least 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 council members. The compensation of the mayor shall be established in the same manner as for council members.

SECTION 2.26. Powers and duties of mayor.

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

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(2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; and (5) Vote on matters before the city council and be counted toward a quorum as any other council member.

SECTION 2.27. Mayor pro tempore; selection; duties.

By a majority vote, the city council shall elect a council member to serve as mayor pro tempore. In the mayor's absence, the mayor pro tempore shall preside at meetings of the 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.

SECTION 2.28. City manager; appointment; qualifications; compensation.

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

SECTION 2.29. Powers and duties of the city manager.

The city manager shall be the chief executive and administrative officer of the city. The city manager shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge by or under this charter. As the chief executive and administrative officer, the city manager shall:
(1) Appoint and, when the city manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the city manager appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise those powers with respect to subordinates in that officer's department, office, or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law;

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(3) Attend all city council meetings except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager and have the right to take part in discussions but not vote; (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the city council; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to the city manager's direction and supervision; (8) Keep the city council fully advised as to the financial condition and future needs of the city and make such recommendations to the city council concerning the affairs of the city as the city manager deems desirable; and (9) Perform other such duties as are specified in this charter or as may be required by the city council.

SECTION 2.30. Removal of city manager.

The city manager is employed at will and may be summarily removed from office at any time by the city council for any lawful reason or without cause by affirmative vote of a majority of all council members.

SECTION 2.31. Council interference with administration.

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

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

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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 under the supervision of the city manager shall be appointed by the city manager solely on the basis of their respective administrative and professional qualifications. Except for those appointed by the city council, all appointed officers, directors, and department heads shall be employees at will and subject to removal or suspension at any time by the city manager. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of that director's department or agency.

SECTION 3.11. Boards; commissions; and authorities.

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

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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 or ordinances of the city or law as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the city clerk.

SECTION 3.12. City attorney.

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

SECTION 3.13. City clerk.

The city council shall appoint a city clerk who shall not be a 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. The city clerk shall be under the supervision of the city manager.

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. Creation of municipal court.

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

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SECTION 4.11. Chief judge of municipal court; 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) 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 city council minutes of proceedings required in Section 2.18 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 such other fines and imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and care of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizance to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge

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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 Mitchell County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

SECTION 4.15. Rules for court.

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

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SECTION 4.16. Indigent defense and prosecutor.

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

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

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

SECTION 5.11. Regular elections; time for holding same.

(a) The council shall be composed of seven members. Three council members shall be elected from District 1 and four council members shall be elected from District 2. Council members elected from District 1 shall be elected from numbered posts, Post 1, Post 2, Post 3, and Post 4. Only those persons residing within a district shall be qualified to vote for candidates for the city council from such district.
(b)(1) Municipal general elections for the City of Pelham shall be conducted on the Tuesday next following the first Monday in November of each odd-numbered year. (2) Successors to council members whose terms of office are to expire shall be elected at the municipal general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of four years each and until their respective successors are elected and qualified. Each person seeking election from a council district shall designate the current district and post for which that person seeks election. (3) Every four years, the mayor of the City of Pelham shall be elected to take office the first day of January immediately following election and to serve for a term of office of four years and until a successor is elected and qualified.

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(c) The mayor and council members serving as such on July 1, 2016, shall continue to serve for the remainder of the terms to which they were elected.

SECTION 5.12. Nonpartisan elections.

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

SECTION 5.13. Election by majority.

The person receiving a majority of the votes cast for any city office shall be elected.

SECTION 5.14. Special elections; vacancies.

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

SECTION 5.15. Other provisions.

Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," as now or hereafter amended.

SECTION 5.16. Removal of officers.

(a) The mayor, council members, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:

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(1) 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 Mitchell County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Mitchell County following a hearing on a complaint seeking such removal brought by any resident of the city of Pelham.

ARTICLE VI FINANCE
SECTION 6.10. Property tax.

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

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

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

SECTION 6.12. Occupation and business taxes.

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

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

SECTION 6.15. Service charges.

The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and 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.

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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 under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.

SECTION 6.17. Construction; other taxes and fees.

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

SECTION 6.18. Collection of delinquent taxes and fees.

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

SECTION 6.19. General obligation bonds.

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

SECTION 6.20. Revenue bonds.

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

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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 the contract terminates without further obligation on the part of the municipality at the close of the calendar year or fiscal year in which it was executed and at the close of each succeeding calendar year or fiscal year, as applicable, for which it may be renewed. Contracts must be executed in accordance with the requirements of Section 36-60-13 of the Official Code of Georgia Annotated or other such applicable laws as are or may hereafter be enacted.

SECTION 6.23. Fiscal year.

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

SECTION 6.24. Preparation of budgets.

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

SECTION 6.25. Submission of operating budget to city council.

On or before a date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor 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 pertinent comments and information. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

SECTION 6.26. Action by city council on budget.

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

SECTION 6.27. Tax levies.

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

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SECTION 6.28. Changes in appropriations.

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

SECTION 6.29. Independent audit.

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

SECTION 6.30. Contracting procedures.

No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council, and such approval is entered in the city council minutes of proceedings pursuant to Section 2.18 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.

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.

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ARTICLE VI-A CITY OF PELHAM PUBLIC SCHOOL SYSTEM
SECTION 6A.10. Public school system.

(a) The City of Pelham public school system shall be under the control and management of the board of education of the City of Pelham, sometimes referred to in this section as the "board." That board shall be composed of seven members, and three of those members shall be elected from District 1 and the remaining four members shall be elected from District 2. (b) No person may offer for election to the board unless that person resides in the district from which that person offers for election. A member of the board must continue to reside in the district from which that person is elected during that member's term of office, and upon removing such residence from that district that member shall thereby create a vacancy in that office. The qualifications for members of the board shall otherwise be the same as for the city council. (c) A vacancy in the office of board of education shall be filled for the remainder of the unexpired term, if any, by appointment by the remaining board members if less than six months remain in the unexpired term, otherwise by an election. (d) Elections for members of the board shall be held annually on the second Tuesday in January at the city general elections. Only those persons residing within a district shall be qualified to vote for members of the board of education from that district. All elections for members of the board shall be by plurality vote and shall be nonpartisan and without any primary. (e) Elections for members of the board shall be held at the time of the municipal general elections. Members of the board elected from Education District 1 shall be elected from numbered posts, Post 1, Post 2, and Post 3 and members of the board elected from Education District 2 shall be elected from numbered Posts, Post 1, Post 2, Post 3, and Post 4. Only those persons residing within a district shall be qualified to vote for members of the board of education from that district. All elections for members of the board shall be by plurality vote and shall be nonpartisan and without any primary. (f) Members of the board in office July 1, 2016, shall continue to serve for the remainder of the terms to which they were elected. (g) Successors to members of the board whose terms of office are to expire shall be elected at the municipal general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of four years each and until their respective successors are elected and qualified. Each person seeking election from an education district shall designate the current education district and post for which that person seeks election.

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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. Specific repealer.

An Act providing a new charter for the City of Pelham, approved March 11, 1977 (Ga. L. 1977, p. 3034), as amended, is hereby repealed.

SECTION 7.16. Effective date.

This Act shall become effective on July 1, 2016.

SECTION 7.17. General repealer.

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

Intention to Introduce Local Legislation
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to provide a new charter for the City of Pelham; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Jay Powell, Representative from District 171, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Camilla Enterprise, which is the official organ of Mitchell County, on the 3rd of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or

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otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ JAY POWELL Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 10th of February, 2016, Before me:

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

Approved April 28, 2016.

__________

COBB COUNTY STATE COURT; CLERK, CHIEF DEPUTY CLERK, AND CHIEF ASSISTANCE SOLICITOR; COMPENSATION.

No. 497 (House Bill No. 1008).

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 30, 2003 (Ga. L. 2003, p. 3695), an Act approved May 12, 2008 (Ga. L. 2008, p. 3723), an Act approved April 10, 2014 (Ga. L. 2014, p. 4267), and an Act approved May 12, 2015 (Ga. L. 2015, p. 4063), so as to change the salary of the chief deputy clerk and the clerk of the State Court of Cobb County; to change the salary of the chief assistant solicitor 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 30, 2003 (Ga. L. 2003, p. 3695), an Act approved May 12, 2008 (Ga. L. 2008, p. 3723), an Act approved April 10, 2014 (Ga. L. 2014, p. 4267), and an Act approved May 12, 2015 (Ga. L. 2015, p. 4063), is amended by revising paragraph (4) of subsection (b) of Section 17 as follows:
"(4) The salary of the chief deputy clerk shall be $104,290.59 to be paid in equal monthly installments from funds of Cobb County."

SECTION 2. Said Act is further amended in Section 23 by replacing:
"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." with: "The clerk of the State Court of Cobb County shall receive an annual salary of $115,878.09 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 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 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 be $108,150.00, 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. 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 2016 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. 321 1). as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003,p 3695), an Act approved May 12, 2008 (Ga. L. 2008, p. 3723), an Act approved April 10, 2014 (Ga. L. 2014, p. 4267), and an Act approved May 12, 2015 (Ga. L. 20 15, p. 4063); and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, John Carson, Representative from District 46, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Marietta Daily Journal, which is the official organ of Cobb County, on the 5th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ JOHN CARSON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 11th of February, 2016, Before me:

s/ JENNIFER BURGESS Jennifer Burgess

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

Approved April 28, 2016.

__________

COBB COUNTY TAX COMMISSIONER; COMPENSATION OF CERTAIN EMPLOYEES.

No. 498 (House Bill No. 1009).

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) and an Act approved May 12, 2015 (Ga. L. 2015, p. 4046), so as to change the compensation of certain employees of such office; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3725) and an Act approved May 12, 2015 (Ga. L. 2015, p. 4046), 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 $13,899.38, 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 $109,692.54. Any candidate for the office of tax commissioner of Cobb County shall, on the date of qualifying for such office in either a primary or a general election, certify to the judge of the Probate Court of Cobb County the name of the person the candidate shall appoint as chief clerk in the event he or she is elected to the office of tax commissioner of Cobb County; and the person so named shall serve as the chief clerk during the term for which he or she was so named. In the event of the death or removal from office of said chief clerk, the tax commissioner of Cobb County shall have 30 days from said date of

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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 $60,348.73 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 $60,278.05 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 regu lar 2016 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. 1949, p. 790), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3725) and an Act approved May 12, 20 15 (Ga. L. 2015, p. 4046); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, John Carson, Representative from District 46, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached.

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(2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Marietta Daily Journal, which is the official organ of Cobb County, on the 5th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ JOHN CARSON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 11th of February, 2016, Before me:

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

Approved April 28, 2016.

__________

COBB COUNTY BOARD OF COMMISSIONERS; COMPENSATION.

No. 499 (House Bill No. 1010).

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,

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2008 (Ga. L. 2008, p. 3691) and an Act approved May 12, 2015 (Ga. L. 2015, p. 4048), so as to change the provisions relating to the compensation of the 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) and an Act approved May 12, 2015 (Ga. L. 2015, p. 4048), is amended by revising subsection (a) of Section 8 as follows:
"(a) Commissioners representing Districts 1 and 4 shall be eligible to be paid as their entire compensation for services as commissioners the sum of $45,175.86 per annum, payable monthly, to be paid out of the county treasury upon warrants drawn upon the county treasury. Commissioners representing Districts 2 and 3 shall be eligible to be paid as their entire compensation for services as commissioners the sum of $45,418.81 per annum, payable 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 $131,188.22 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.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2016 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 an Act approved May 12, 2015 (Ga. L. 2015, p. 4048); and for other purposes

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, John Carson, Representative from District 46, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Marietta Daily Journal, which is the official organ of Cobb County, on the 5th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ JOHN CARSON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 11th of February, 2016, Before me:

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

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My Commission Expires December 29, 2018 (SEAL)

Approved April 28, 2016.

__________

COBB COUNTY SHERIFF, CHIEF DEPUTY, ASSISTANT CHIEF DEPUTY, AND EXECUTIVE ASSISTANT TO THE SHERIFF; COMPENSATION.

No. 500 (House Bill No. 1011).

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), an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), and an Act approved May 12, 2015 (Ga. L. 2015, p. 4281), so as to change the compensation of the sheriff, the chief deputy, the assistant chief deputy, and the executive assistant to the sheriff; 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 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), an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), and an Act approved May 12, 2015 (Ga. L. 2015, p. 4281), is amended by revising Section 5 as follows:
"(a) The salary of the sheriff of Cobb County shall be $144,438.57 per annum, to be paid in monthly installments from the funds of Cobb County. (b) The sheriff of Cobb County shall have one chief deputy whose salary shall be $134,795.27 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

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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 $122,307.60 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 $73,487.83 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 2016 session of the General Assembly of Georgia a bill to amend an Act changing the compensation of the clerk of th e

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superior court, the sheriff, and thejudge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3702), and Act approved May 6, 2013 (Ga. L. 20 1 3. p 4150). an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), and an Act approved May 12, 20 15 (Ga. L. 2015. p. 4281), and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, John Carson, Representative from District 46, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Marietta Daily Journal, which is the official organ of Cobb County, on the 5th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ JOHN CARSON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 11th of February, 2016, Before me:

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

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Approved April 28, 2106.

__________

COBB COUNTY CLERK OF SUPERIOR COURT, DEPUTY CLERK, EXECUTIVE ASSISTANT, AND EXECUTIVE SECRETARY; COMPENSATION.

No. 501 (House Bill No. 1012).

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), an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), and an Act approved May 12, 2015 (Ga. L. 2015, p. 4284), so as to change the salary of the clerk of the superior court, the deputy clerk, the executive assistant, and the executive secretary; 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 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), an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), and an Act approved May 12, 2015 (Ga. L. 2015, p. 4284), is amended by revising Section 4 as follows:

"SECTION 4. (a) The clerk of the superior court shall receive an annual salary of $131,947.88 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 $104,290.29 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

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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 $64,200.92 per annum, and the salary of the executive secretary shall be $59,262.38 per annum, both 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 2016 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 thejudge 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, particu larly by an Act approved April 10, 2014 (Ga. L. 2014, p. 4104), an Act approved April 10, 2014 (Ga. L. 20 14, p. 4269), and an Act approved May 12, 2015 (Ga. L. 2015, p. 4284); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, John Carson, Representative from District 46, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:

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(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Marietta Daily Journal, which is the official organ of Cobb County, on the 5th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ JOHN CARSON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 11th of February, 2016, Before me:

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

Approved April 28, 2016.

__________

UPSON COUNTY MAGISTRATE COURT; LAW LIBRARY FEES.

No. 503 (House Bill No. 1019).

AN ACT

To authorize the Magistrate Court of Upson 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 repeal conflicting laws; and for other purposes.

3902

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 Upson 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 Griffin Judicial Circuit.
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 Upson County.
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 2016 session of the General Assembly of Georgia a bill to authorize the Magistrate Court of Upson 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; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Johnnie Caldwell, Jr., Representative from District 131, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:

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(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Upson Beacon, which is the official organ of Upson County, on the 3rd of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ JOHNNIE L. CALDWELL, JR. Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 16th of February in the year 2016, Before me:

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

Approved April 28, 2016.

__________

JENKINS COUNTY HOTEL/MOTEL TAX.

No. 504 (House Bill No. 1101).

AN ACT

To authorize the governing authority of the Board of Commissioners of Jenkins 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.

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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 Board of Commissioners of Jenkins County is authorized to levy an excise tax at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations 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 Board of Commissioners of Jenkins County on February 11, 2016, 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 Board of Commissioners of Jenkins County:
(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 Board of Commissioners of Jenkins County; provided, however, that the Board of Commissioners of Jenkins County may exercise its option under paragraph (2) of subsection (e) of Code Section 48-13-51 of the O.C.G.A. to contract with an entity qualified under such provision; and (2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

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

Notice of Intent to Introduce Local Legislation

Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to authorize the governing authority of the Board of

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Commissioners of Jenkins County 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.

AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Butch Parrish, Representative from District 158, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Millen News, which is the official organ of Jenkins County, on the 24th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ BUTCH PARRISH Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 25th of February, 2016, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)
Approved April 28, 2016.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

FORSYTH COUNTY HOMESTEAD EXEMPTION; SCHOOL TAXES; QUALIFICATIONS; REFERENDUM.

No. 505 (House Bill No. 1102).

AN ACT

To amend an Act to provide a homestead exemption from all Forsyth County school district ad valorem taxes for educational purposes for the full value of the homestead of certain residents of that school district, approved April 19, 2000 (Ga. L. 2000, p. 4268), so as to revise the eligibility of residents for such homestead exemption; to provide for related matters; to provide for a referendum, effective dates, and 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 provide a homestead exemption from all Forsyth County school district ad valorem taxes for educational purposes for the full value of the homestead of certain residents of that school district, approved April 19, 2000 (Ga. L. 2000, p. 4268), is amended by adding a new subsection to Section 2 to read as follows:
"(c) A person shall not receive the homestead exemption granted by subsection (a) of this section if there are minor children residing in the homestead unless such children are the natural or adopted children of the person, are foster children under the care of the person, are children for whom the person has been appointed guardian, or are temporary residents of the homestead for a period of not more than one year in duration."

SECTION 2. The election superintendent of Forsyth County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Forsyth County school district for approval or rejection. The election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2016, 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 Forsyth County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which reduces the eligibility of certain senior ( ) NO citizen residents who have minor children living with them to receive a
complete homestead exemption from Forsyth County school district ad valorem taxes?"

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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, Section 1 of this Act shall become of full force and effect on January 1, 2017. 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 Forsyth County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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

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

Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to amend an Act to provide a homestead exemption from all Forsyth County school district ad valorem taxes for educational purposes for the full value of the homestead of certain residents of that school district, approved April 19, 2000 (Ga. L. 2000, p. 4268), so as to revise the eligibility of residents for such homestead exemption; to provide for related matters; to provide for a referendum, effective dates, and automatic repeal under certain circumstances; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Mike Dudgeon, Representative from District 25, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Forsyth County News, which is the official organ of Forsyth County, on the 24th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ MIKE DUDGEON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 29th of February, 2016, Before me:

s/ DIANA GRAVER

[SEAL]

Approved April 28, 2016.

__________

MUSCOGEE COUNTY HOMESTEAD EXEMPTION; BASE YEAR; REFERENDUM.

No. 506 (House Bill No. 1104).

AN ACT

To revise the homestead exemption for Muscogee County formerly provided for by a local constitutional amendment duly ratified at the 1982 general election (Res. Act No. 76, House Resolution No. 271, Ga. L. 1981, p. 1926), which local constitutional amendment was continued in force and effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution and provides for the valuation of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated city-county government purposes; to provide for certain residents a homestead exemption from the consolidated government of Columbus, Georgia, ad valorem taxes for consolidated government purposes and Muscogee County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemptions and the

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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. The Act providing the homestead exemption for Muscogee County by a local constitutional amendment duly ratified at the 1982 general election (Res. Act No. 76, House Resolution No. 271, Ga. L. 1981, p. 1926), which local constitutional amendment was continued in force and effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution and provides for the valuation of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated city-county government purposes, is amended by revising the quoted language in Section 1 as follows:
"(a) As used in this section, the term: (1) 'Ad valorem taxes for consolidated government purposes' means all ad valorem taxes for consolidated government purposes levied by, for, or on behalf of the consolidated government of Columbus, Georgia, except for any ad valorem taxes to pay interest on and to retire consolidated government bonded indebtedness. (2) 'Ad valorem taxes for educational purposes' means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Muscogee County School District, except for any ad valorem taxes to pay interest on and to retire school district bonded indebtedness. (3) 'Base year assessed value' means, with respect to homestead property that was valued pursuant to the provisions of the former local constitutional amendment found at Ga. L. 1981, p. 1926, the value of the homestead as established pursuant to that former local constitutional amendment as of the January 1, 2016, assessment date, or, in the case of homestead property acquired after January 1, 2016, and on or before January 1, 2017, the purchase price of such homestead property. (4) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40 of the Official Code of Georgia Annotated, as amended. (b)(1) Each resident of the consolidated government of Columbus, Georgia, who: (A) In the 2016 tax year, owned a homestead property which was, for the 2016 tax year, valued pursuant to the provisions of the former local constitutional amendment found at Ga. L. 1981, p. 1926 and who, on January 1, 2017, is the owner of record of that same homestead property; or (B) Purchased a homestead property after January 1, 2016, and on or before January 1, 2017, and filed a proper application for a homestead exemption on or before April 1, 2017, and who, in either case, is otherwise qualified to claim and receive a homestead exemption under the laws of this state is granted an exemption on that same homestead from the consolidated government of Columbus, Georgia, ad valorem taxes for consolidated

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

government purposes and Muscogee County School District ad valorem taxes for educational 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. (2) Any such resident who meets the qualifications specified under paragraph (1) of this subsection shall be automatically eligible for the exemption under this subsection and shall not have to apply or reapply for such homestead exemption. (3) The exemption granted under this subsection shall not apply to taxes assessed on improvements to such homestead or additional land that is added to such homestead after January 1, 2016, in the case of homestead property owned on such date, or after January 1, 2017, in the case of homestead property acquired after January 1, 2016, and on or before January 1, 2017. If any real property is removed from such homestead after January 1, 2016, in the case of homestead property owned on such date, or after January 1, 2017, in the case of homestead property acquired after January 1, 2016, and on or before January 1, 2017, the base year assessed value shall be adjusted to reflect such removal, and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) The exemption shall be automatically renewed from year to year so long as the person granted the homestead exemption under subsection (b) of this section continues to own and occupy that same residence as a homestead. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of the consolidated government of Columbus, Georgia, in the event that person for any reason becomes ineligible for such exemption. (d) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes. 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 Muscogee County ad valorem taxes for county purposes; the consolidated government of Columbus, Georgia, ad valorem taxes for consolidated government purposes; or Muscogee County School District ad valorem taxes for educational purposes. (e) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017. (f) Any resident who does not qualify for the exemption granted under subsection (b) of this section shall have his or her property assessed for ad valorem tax purposes based upon fair market value and shall be eligible to apply for any homestead exemption otherwise provided by law."

SECTION 2. Said Act is further amended by revising Section 2 as follows:
"The election superintendent of the consolidated government of Columbus, Georgia, shall call and conduct an election for the purpose of submitting this Act to the electors of the consolidated government of Columbus, Georgia, and the Muscogee County School District for approval or rejection. The election superintendent shall conduct that election on the

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date of the general election in November, 2016, as authorized under subparagraph (c)(2)(B) of Code Section 21-2-540 and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the consolidated government of Columbus, Georgia. The ballot shall have written or printed thereon the words:

'( ) YES ( ) NO

Shall the Act be approved which eliminates the current base year assessed value homestead exemption for purposes of Muscogee County school and consolidated city-county government ad valorem taxes for homestead property acquired after January 1, 2017?'

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 this Act, Section 1 of this Act shall become of full force

and effect on January 1, 2017. If this Act is not so approved or if the election is not

conducted as provided in this section, Section 1 of this Act shall not become effective, and

this Act shall be automatically repealed on January 1, 2017. The expense of such election shall be borne by the consolidated government of Columbus, Georgia. 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 2016 session of the General Assembly of Georgia a bill to revise the base year assessed value homestead exemption for purposes of Muscogee County school and consolidated city-government ad valorem taxes formerly provided for by a local constitutional amendment; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Calvin Smyre, Representative from District 135, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached.

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(2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Columbus Ledger-Enquirer, which is the official organ of Muscogee County, on the 26th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ CALVIN SMYRE Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 29th of February, 2016, Before me:

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

Approved April 28, 2016.

__________

CHEROKEE COUNTY HOTEL/MOTEL TAX.

No. 507 (House Bill No. 1105).

AN ACT

To authorize the governing authority of Cherokee 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,

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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 Cherokee County is authorized to levy an excise tax pursuant to such subsection 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 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 Cherokee County on February 2, 2016, which specifies the 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 of the governing authority of Cherokee County adopted February 2, 2016:
(1) In each fiscal year during which a tax is collected pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A., the amount of taxes collected on the first 3 percent of such tax shall be expended as determined by future action of the governing authority of Cherokee County; the amount of taxes collected on the portion of such tax above 3 percent but not above 5 percent shall be expended for promoting tourism, conventions, and trade shows by contract with one or more private nonprofit organizations; 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 contract with the Cherokee County Chamber of Commerce, a private nonprofit organization under the laws of Georgia; and the remaining amount of taxes collected that exceeds the amount of taxes that would be collected at the rate of 5 percent shall be expended for tourism product development, including, but not limited to, the Cherokee County Conference Center.

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 ,2016 session of the General Assembly of Georgia a bill to authorize the governing authority of Cherokee County to levy and excise tax pursuant to subsection (b) of Code Section 48-13-51 of, the O.C.G.A,; and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, John Carson, Representative from District 46, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Cherokee Tribune, which is the official organ of Cherokee County, on the 26th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ JOHN CARSON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 29th of February, 2016, Before me:

s/ DIANA GRAVER Diana Graver Notary Public, Fulton County, Georgia

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My Commission Expires December 17, 2016 (SEAL)

Approved April 28, 2016.

__________

CITY OF SUGAR HILL MUNICIPAL PROPERTY OWNERSHIP.

No. 508 (House Bill No. 1106).

AN ACT

To amend an Act creating a new charter for the City of Sugar Hill, approved May 14, 2003 (Ga. L. 2003, p. 3546), so as to change provisions relating to municipal property ownership; 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 Sugar Hill, approved May 14, 2003 (Ga. L. 2003, p. 3546), is amended by revising paragraph (19) of Section 1.12 as follows:
"(19) Property ownership. To acquire, hold, sell, exchange, rent, lease, or otherwise acquire or dispose of any real, personal, or mixed property, in fee simple or lesser interest, whether held by the city in its proprietary, governmental, or other capacity, inside or outside of the corporate boundaries of the city and wherever located."

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

Notice is hereby given that there will be introduced at the Regular 2016 session of the General Assembly of Georgia a Bill to amend an Act creating a new charter for the City of Sugar Hill, approved May 14, 2003 (Ga. L. 2003, p. 3546); and for other purposes.
This 26th day of February, 2016.
Representative David Clark District 98 Mayor and Council City of Sugar Hill, Georgia

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, David Clark, Representative from District 98, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the The Gwinnett Daily Post, which is the official organ of Gwinnett County, on the 26th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ DAVID CLARK Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 29th of February, 2016, Before me:

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

Approved April 28, 2016.

__________

GEORGIA LAWS 2016 SESSION

3917

CITY OF ACWORTH ADOPT BOUNDARY MAP.

No. 509 (House Bill No. 1109).

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 May 12, 2015 (Ga. L. 2015, p. 4201), 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 May 12, 2015 (Ga. L. 2015, p. 4201), 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 and to be designated, as the case may be, the 'Official Map or Description of the Corporate Limits of the City of Acworth, 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 'Official Map of the Corporate Limits of the City of Acworth, Georgia,' dated January 7, 2016, 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, 2017, shall be reflected on such 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.

Notice is given that there will be introduced at the regular 2016 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.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Ed Setzler, Representative from District 35, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Marietta Daily Journal, which is the official organ of Cobb County, on the 22nd of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ ED SETZLER Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 29th of February, 2016, Before me:

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

Approved April 28, 2016.

__________

GEORGIA LAWS 2016 SESSION

3919

ROBERTA-CRAWFORD COUNTY CONSOLIDATED GOVERNMENT; REFERENDUM.

No. 510 (House Bill No. 1110).

AN ACT

To provide for the unified government of Roberta-Crawford County; to provide for boundaries and districts; to provide for powers and duties; to provide for organization, qualifications, election, terms, compensation, and filling of vacancies; to provide for associated offices, departments, agencies, and personnel; 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 UNIFICATION, CREATION, BOUNDARIES, STATUS, POWERS,
AND SPECIAL SERVICES DISTRICTS OF ROBERTA-CRAWFORD COUNTY

SECTION 1-1-1. Unification of county and city; name.

(a) The governmental and corporate powers, duties, and functions now vested in the governing authority of the City of Roberta, a municipal corporation incorporated by an Act of the General Assembly of Georgia, approved April 7, 1976 (Ga. L. 1976, p. 4127), as amended, are hereby unified with the governmental and corporate powers, duties, and functions of Crawford County. This unification shall result in the creation and establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Crawford 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 Roberta-Crawford County, Georgia. Roberta-Crawford County shall have all the governmental and corporate powers, duties, and functions previously held by and vested in the City of Roberta and in Crawford County, and also the powers, duties, and functions provided in this charter. (b) Roberta-Crawford County 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

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personal property theretofore owned, possessed, enjoyed, or held by the City of Roberta or Crawford County; and by the name of Roberta-Crawford County, Georgia, shall be capable of suing and being sued when authorized by this charter and by the Constitution and laws of the State of Georgia. (c) On January 1, 2018, the political subdivision known as Crawford County, Georgia, and the municipal corporation known as the City of Roberta, Georgia, shall be unified and merged into the new political entity created by this charter. (d) The unification of the governments of the City of Roberta and Crawford County is authorized pursuant to the provisions of Article IX, Section III, Paragraph II(a) of the Constitution of the State of Georgia.

SECTION 1-1-2. Boundaries.

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

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

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

SECTION 1-1-4. Powers.

(a) Roberta-Crawford County, Georgia, shall have all rights, powers, duties, privileges, and authority, whether express or implied, that may now be vested in or hereafter granted to counties, municipal corporations, or both by the Constitution and laws of the State of Georgia. (b) In addition to the rights, duties, powers, privileges, and authority expressly conferred by this charter, the unified government of Roberta-Crawford County shall have the right, duty, power, privilege, and authority to exercise and enjoy all other powers, duties, functions, rights, privileges, and immunities necessary and proper to promote or protect the safety, health, peace, security, and general welfare of the government and its inhabitants and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated in this charter, and to do and perform all of the acts pertaining to its property, affairs, and local government

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which are necessary or proper in the legitimate exercise of its corporate powers and governmental duties and functions. (c) No enumeration of any right, duty, power, privilege, or authority shall be construed as limiting or abolishing any right, duty, power, privilege, or authority set forth in this charter.

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

The governing authority of Roberta-Crawford County shall possess the authority to establish special services districts. All special services districts shall be created, expanded, merged, consolidated, or reduced only by an ordinance duly adopted by the governing authority of Roberta-Crawford County under such general rules, procedures, regulations, requirements, and specifications as established by the governing authority. No new special services district shall be created or existing such districts expanded, abolished, merged, consolidated, or reduced without providing an opportunity for interested persons to be heard at a public hearing. Notice of the proposed expansion, abolition, merger, consolidation, or reduction of a services district and of the required public hearing shall be published once a week for two weeks in the official legal organ of Roberta-Crawford County.

ARTICLE II GOVERNING AUTHORITY Chapter 1 - The Board of Commissioners

SECTION 2-1-1. Name.

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

SECTION 2-1-2. Composition and election.

(a) The Board of Commissioners of Roberta-Crawford County, Georgia, shall consist of five members, serving in part-time positions, who shall be elected from single-member districts. Each commissioner shall be elected in partisan elections as provided for in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (b) For purposes of electing members of the board of commissioners, Roberta-Crawford County shall be divided into five commissioner districts. The five commission districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as "Plan Name: crawfordccsb-2012 Plan Type: Local Administrator: crawford cc User: bak".

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(c)(1) When used in such attachment, the term "VTD" (voting tabulation district) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. (2) The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of Crawford County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Crawford County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (4) Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia.

SECTION 2-1-3. Terms and qualifications.

(a) The initial term of office of the commissioners elected from Districts 1 and 5 shall be from January 1, 2018, through December 31, 2018, and until their respective successors are elected and qualified. Members shall take office on the first day of January immediately following their election and serve until their successors are elected and qualified. The initial term of office for commissioners elected from Districts 2, 3, and 4 shall be from January 1, 2018, through December 31, 2020, and until their respective successors are elected and qualified. Members shall take office on the first day of January immediately following their election and serve until their successors are elected and qualified. Successors shall be elected in partisan elections coinciding with the November general election immediately preceding the expiration of the term of office. (b) Other than as provided in subsection (a) of this section, subsequent terms of office shall be for four years. Members shall take office on the first day of January immediately following their election and serve until their successors are elected and qualified. Successors to those elected to the initial terms of office shall be elected in partisan elections coinciding with the November general election immediately preceding the expiration of their term of office.

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(c) Each candidate for the board of commissioners shall specify the district for which such person is offering for election. Each successful candidate for commissioner shall be elected by a majority of the qualified electors voting in such district. No person shall be eligible for election or appointment to the board of commissioners unless such person shall, on or before the date of election or appointment to such office, have attained the age of 21, be a qualified elector of Crawford County, have been a resident of Crawford County for at least one year prior to the election, and shall be a resident of the district from which such person offers as a candidate. Failure of a member to continue to reside within the district from which elected or appointed during such member's term of office shall result in forfeiture of office.

SECTION 2-1-4. Powers.

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

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

(a) A chairperson shall be elected by the members of the board from among the members of the board at the first board meeting in January, 2018, and at the first board meeting in January each year thereafter. The chairperson shall be the executive head of the unified government and shall have such other powers and duties as may be provided by ordinance or resolution that are not in conflict with this charter. Specifically, the chairperson shall:
(1) Preside over all meetings of the board of commissioners; (2) Serve as the ceremonial head of Roberta-Crawford County, Georgia, and as its official representative to federal, state, and local governmental bodies and officials; (3) Call special meetings of the commission as provided by this charter; (4) Where allowed by state law, appoint and remove, with a majority vote of the commission, the attorney for the unified government, members of all boards and authorities of the unified government, and members of committees of the commission; (5) Sign orders, checks, and warrants for payment of money subject to the policies and procedures adopted by the board of commissioners; (6) Execute all contracts, deeds, and other obligations of the unified government; and (7) 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.

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(b) The chairperson shall be authorized to vote on any matter before the board of commissioners in the same manner as any other member of the board. The chairperson shall not have the power to veto any ordinance or resolution duly enacted or adopted by the board of commissioners. (c) At their first meeting in January each year, the commissioners shall also elect a vice-chairperson to serve for a term of one year. In the absence of the chairperson for any cause, the vice-chairperson shall preside over meetings and discharge the duties of the chairperson. If a vacancy occurs in the position of chairperson, the vice-chairperson shall assume the duties and receive the compensation of chairperson until a successor is elected or appointed and sworn into office, as provided in Section 2-1-7 of this charter.

SECTION 2-1-6. Compensation.

(a) The members of the board of commissioners shall be compensated at the base rate of $1,000.00 per month from funds of Roberta-Crawford County. (b) The chairperson of the board of commissioners shall be compensated at the base rate of $1,100.00 per month from funds of Roberta-Crawford County. (c) The chairperson and members of the board of commissioners shall be eligible for such benefits as authorized under Code Sections 36-1-11.1, 36-5-27, 36-5-28, and 36-5-29 and subsection (a) of Code Section 36-35-4 of the O.C.G.A. or as hereafter amended. (d) In addition to the salary, commissioners shall be reimbursed, under such regulations and limitations as may be adopted by the board of commissioners, for direct expenses incurred in carrying out the duties and responsibilities of the unified government. (e) The salary of members of the commission may be changed by ordinance or resolution, in the manner specified for county governing authorities in Code Section 36-5-24 of the O.C.G.A. or any similar future general law of the State of Georgia. (f) Nothing in this section shall be construed to prohibit the commission from exercising its home rule powers as established in Code Section 36-35-4 of the O.C.G.A. or as hereafter amended.

SECTION 2-1-7. Vacancies.

(a) The office of a commissioner shall become vacant if a member ceases to reside in the district from which elected or upon a member's death, resignation, or removal from office or forfeiture of office upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or any other applicable law, now existing or hereafter enacted.
(b)(1) In the event that the office of a commissioner becomes vacant for any reason, a successor shall be selected as provided in paragraphs (2) and (3) of this subsection.

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(2) If there are more than 12 months remaining in the unexpired term, the position shall be filled by special election at the next permissible date for a special election. The special election shall be called by the election superintendent as provided by general law. Any person so elected must possess the same qualifications for election as set forth in subsection (c) of Section 2-1-3 of this charter. (3) If less than 12 months remain in the unexpired term, the board of commissioners shall appoint a successor to fill the unexpired term. Any person so appointed must possess the same qualifications as for election set forth in subsection (c) of Section 2-1-3 of this charter.

Chapter 2 - Organization and Procedure

SECTION 2-2-1. Oath; rules; records; meetings; quorum; emergency ordinances.

(a) The board of commissioners shall hold its organizational meetings on the first working day in January following the general election. At or before such meetings, the newly elected or reelected commissioners shall each take the following oath of office, to be administered by the judge of the probate court:
"I do solemnly swear or affirm that I will well and truly perform the duties of the office of commissioner of Roberta-Crawford County, Georgia, and that I will support and defend the charter thereof and the Constitution and laws of the State of Georgia and of the United States." (b) The board shall determine its own rules and order of business as it deems appropriate to govern the conduct and procedures of its meetings, provided that the board shall comply with the open and public meeting requirements of Chapter 14 of Title 50 of the O.C.G.A. The board shall provide for the keeping of minutes of its proceedings which shall be a public record. (c) The board shall meet twice a month on a regularly scheduled day and time as voted on by the board during the first meeting of the year. No additional notice shall be required to be given for any regular meeting. (d) The board may hold such special meetings as it deems necessary or proper. Special meetings may be held on the call of the chairperson or any two or more commissioners upon no less than 24 hours written notice to each member at the usual place of business or residence of such member. Notice of special meetings must be provided for as specified by Code Section 50-14-1 of the O.C.G.A. or as hereafter amended. (e) The board of commissioners shall establish by ordinance procedures for the convening of emergency meetings. (f) The presence of three members of the board of commissioners, including the chairperson or vice-chairperson who shall preside over the meeting, shall constitute a quorum for the transaction of business. No official act which is to have the force and effect of law shall be

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valid or binding unless adopted by the affirmative vote of a majority of the board of commissioners then serving in office. (g) To meet a public emergency threatening life, health, property, or public safety, the board of commissioners may adopt emergency ordinances; provided, however, that such ordinances may not be enacted to levy taxes; to grant, renew, or extend a franchise; to regulate the rate charged for any public utility or service; or to authorize the borrowing of money unless it shall be repaid in 30 days or less. An emergency ordinance shall be plainly designated as an emergency ordinance and shall contain a declaration stating what emergency exists. An emergency ordinance may be adopted with or without amendment, but the affirmative vote of the board of commissioners shall be required for adoption. An emergency ordinance shall stand repealed on the 16th day following the date of its adoption; provided, however, that, if the emergency still exists, it may be reenacted as provided in this subsection. An emergency ordinance may be repealed by adoption of a repealing ordinance in the same manner specified for the adoption of an emergency ordinance.

Chapter 3 - Ethics and Prohibited Practices

SECTION 2-3-1. Conflicts of interest; holding other offices.

(a) Conflicts of interest. No elected official, appointed officer, or employee of the unified government or of any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties, or which would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is engaged without proper legal authorization; or use such information to advance the financial or other private interest of himself or herself or others; (4) Accept any valuable gift, whether in the form of a service, loan, thing, or promise from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign. The commission shall adopt a policy or ordinance which quantifies and defines the terms of valuable gifts;

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(5) Represent other private interests in any action or proceeding against the unified government or any portion thereof; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (b) Disclosure. Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the unified government shall disclose such private interest to the board of commissioners. Any commissioner who has a private interest in any matter pending before the board of commissioners shall disclose such private interest, and such disclosure shall be entered on the records of the board, and the commissioner shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the unified government shall disclose such private interest to the governing body of the agency or entity. (c) Use of public property. No elected official, appointed officer, or employee of the unified government or of any agency or entity to which this charter applies shall use property owned by such governmental body for personal benefit, convenience, or profit except in accordance with policies promulgated by the board of commissioners or the governing body of such agency or entity. (d) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the board of commissioners. (e) Ineligibility of elected official. Except where authorized by law, no commissioner shall hold any other elective or compensated appointive office in the unified government or otherwise be employed by the unified government or any agency thereof during the term for which he or she is elected, unless he or she vacates the office. (f) Political activities of certain officers and employees. Any appointive officer or employee of the unified government shall be required to take a leave of absence or resign his or her position upon being sworn in to any elected office in the unified government of Roberta-Crawford County. (g) Penalties for violations. Any officer who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office and shall be subject to the following penalties and actions: (1) Written warning, censure, or reprimand to be issued in public; (2) Removal from office as provided by Georgia law; (3) Cancellation of the contract or rejection of the bid or offer; (4) Recovery of the value transferred or received; and (5) Referral to proper criminal authorities.

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SECTION 2-3-2. Prohibitions.

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

ARTICLE III COUNTY MANAGER

SECTION 3-1-1. Appointment; qualifications; compensation.

(a) The board of commissioners shall appoint a manager by a majority vote of the board. The manager shall serve at the pleasure of the board of commissioners. (b) Except as specifically provided in this charter, the board shall, by ordinance or resolution, establish the manager's qualifications, powers, duties, and compensation.

ARTICLE IV ADMINISTRATION Chapter 1 - Officers

SECTION 4-1-1. Sheriff; law enforcement.

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

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

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

SECTION 4-1-3. Attorney.

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

SECTION 4-1-4. Surveyor.

The board of commissioners shall appoint a qualified person to hold the office of surveyor for a term of one year from the date of appointment. Successors shall also be appointed for terms of one year. Any person appointed as surveyor of Roberta-Crawford County shall possess the qualifications specified by paragraph (1) of subsection (b) of Code Section 36-7-2 of the O.C.G.A. or as hereafter amended.

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Chapter 2 - Personnel

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

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

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

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

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

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

SECTION 4-2-4. Employee retention.

It is the intent of the General Assembly that all employees of Crawford County and the City of Roberta, as feasible, shall continue in the same or a substantially equal position with at least the same salary and benefit level, where possible within budget constraints, after the consolidation is complete. It is further the intent of the General Assembly that the integration of the sheriff's office and the city police department shall be seamless and cooperative and that where possible, the rights and positions of all employees shall be respected.

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Chapter 3 - Boards, Commissions, and Authorities

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

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

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

Whenever general or local law provides for appointments to boards, commissions, or authorities from both the city and the county, all appointments shall be made by the board of commissioners, and all appointees shall be residents of Roberta-Crawford County.

ARTICLE V JUDICIARY

SECTION 5-1-1. Superior court and district attorney; probate court; magistrate court;
unaffected by charter; re-designation.

(a) The Superior Court of Crawford County, including the office of district attorney; the Probate Court of Crawford County; and the Magistrate Court of Crawford County shall continue their operations without interruption resulting from the adoption of this charter, and nothing herein shall be construed as affecting the status of such courts. The courts shall be known as the Superior Court of Crawford County, the Probate Court of Crawford County, and the Magistrate Court of Crawford County. (b) On the effective date of this charter, the Municipal Court of Roberta shall stand abolished. Any pending cases shall be transferred to the Probate Court of Crawford County, the Magistrate Court of Crawford County, or the Superior Court of Crawford County, whichever has appropriate jurisdiction of the case.

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ARTICLE VI ELECTIONS Chapter 1 - Conduct of Elections

SECTION 6-1-1. Applicability of general laws.

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

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

The initial members of the governing authority of Roberta-Crawford County shall be elected at a special election to be held on the third Tuesday in March, 2017. Subsequent elections shall be held as provided in Chapter 2 of Title 21 of the O.C.G.A. for partisan elections, in even numbered years, beginning in 2018. All elections shall be held as specified in general law. Except for special elections to fill vacancies in office, all officers who are required by this charter to be elected shall be elected at the November general election immediately preceding the expiration of such person's term of office.

ARTICLE VII REVENUE AND FINANCE Chapter 1 - Taxation and Other Revenues

SECTION 7-1-1. Levy and collection of taxes, fees, charges, and assessments; appropriations.

The board of commissioners shall have full power and authority to levy and collect all taxes, charges, and assessments which counties and municipalities are authorized to levy and collect, to the full extent permitted by the Constitution and laws of the State of Georgia, whether local or general, including any tax hereafter authorized by state law.

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

(a)(1) The general services district shall consist of the total area of Crawford County. Roberta-Crawford County shall perform within the general services district those duties, functions, and services which are generally available and accessible to all residents throughout the total area of such government. (2) The general services district shall constitute a general service tax district within which the board of commissioners shall levy and collect taxes and fees and shall appropriate money to perform and discharge those powers, functions, and services provided in such district. (b)(1) In addition to the general services district, the board of commissioners may also establish special services districts within which additional or higher levels of services are provided as cities and counties are so authorized by Article IX, Section II, Paragraph VI of the State Constitution. Roberta-Crawford County shall perform within any special services districts such additional, more comprehensive, and higher levels of governmental duties, functions, and services which benefit primarily the residents of such special services districts. (2) Any special services district created by the board of commissioners shall constitute a special services tax district within which the board of commissioners may levy and collect additional taxes and fees and may appropriate additional money from such taxes and fees to perform and discharge those additional powers, functions, and additional services provided in such special services district by the unified government. (c) The assessment of real and personal property for ad valorem tax purposes shall be a uniform basis throughout the entire area of Roberta-Crawford County; provided, however, the rate and manner of additional taxation in services districts may vary in any services district from that in another or other services district in such a way as to reflect reasonably the kind, character, type, degree, and level of services afforded to such services district or districts.

Chapter 2 - Borrowing and Indebtedness

SECTION 7-2-1. Allocation of indebtedness.

(a) All general indebtedness of Crawford County, whether represented by general obligation bonds or otherwise, which may be outstanding upon the effective date of this charter, shall be allocated to Roberta-Crawford County and is hereby recognized as the obligation of Roberta-Crawford County, Georgia. (b) All general indebtedness of the City of Roberta, whether represented by general obligation bonds or otherwise, which may be outstanding upon the effective date of this

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charter, shall be allocated to Roberta-Crawford County and is hereby recognized as the obligation of Roberta-Crawford County, Georgia. (c) All indebtedness associated with users of specific services, such as the city or county water systems, shall remain the obligation of the users of those systems respectively. (d) The annual tax levy ordinances for the general services district or any special services district shall provide, in addition to all other taxes assessed, a tax levy sufficient to pay the principal and interest charges on all outstanding general obligation bonds due or to be paid in the ensuing fiscal year.

SECTION 7-2-2. Source of funds.

(a) The board shall be empowered and authorized to issue revenue bonds for the purposes and in the manner as now or hereafter provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." (b) All revenue derived by the unified government from the issuance and sale of bonds shall be used exclusively for the purposes for which such bonds were issued, and all ad valorem taxes collected for the purpose of servicing or retiring such bonds shall be used exclusively for the payment of principal and interest thereof. (c) The board shall be empowered and authorized to issue general obligation bonds, execute tax anticipation notes, and utilize any other manner of taxation or revenue generation otherwise allowable to counties and cities in the State of Georgia. (d) The board shall be empowered and authorized to accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the consolidated government and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose.

Chapter 3 - Financial Administration

SECTION 7-3-1. Fiscal year; budget; audit.

(a) The fiscal year of Roberta-Crawford County shall run from October 1 to September 30. (b) The board of commissioners of the unified government shall adopt an annual budget and provide for an annual audit as provided for in Chapter 81 of Title 36 of the O.C.G.A. (c) The manager, with input from all department heads and other appointed officials of the board of commissioners, shall prepare and present the annual budget of Roberta-Crawford County to the board of commissioners. The commissioners shall have full power and authority to adopt, reject, or amend the proposed budget. (d) The City of Roberta and Crawford County shall adopt budgets for the period from October 1, 2016, and the date on which the consolidated government becomes effective.

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Between January 1, 2018, and September 30, 2018, the consolidated government shall operate under the funds remaining from the fiscal year 2018 of the combined budgets of the City of Roberta and Crawford County. The first full fiscal year of the consolidated government shall begin October 1, 2018, and conclude September 30, 2019. Beginning in fiscal year 2021, effective October 1, 2020, the consolidated government shall roll back the effective millage rate one-half mill for three consecutive years. Such millage roll back may be suspended at the discretion of the board of commissioners in any given year if extreme economic circumstances require or if additional expenditures for public safety purposes are needed.

SECTION 7-3-2. Lapse of appropriations.

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

ARTICLE VIII GENERAL PROVISIONS

SECTION 8-1-1. Application of laws; laws in force.

(a) The general laws of the State of Georgia and those general laws of local application through classification by population shall be applicable to and within the limits of Roberta-Crawford County. (b) Local Acts of the State of Georgia which apply specifically to either Crawford County, the City of Roberta, or both shall be applicable to Roberta-Crawford County. (c) In construing the applicability of provisions of the Constitution and the general laws of the State of Georgia which apply in general terms to either counties, municipalities, or both, and local Acts of the General Assembly that apply specifically to Crawford County, the City of Roberta, or both, the following terms as used in such laws shall be construed to include Roberta-Crawford County as follows:
(1) "County" shall be construed to include Roberta-Crawford County, Georgia; (2) "City," "town," "municipal corporation," or "municipality" shall be construed to include Roberta-Crawford County, Georgia; (3) "Commissioners of roads and revenues," "board of commissioners," "county commissioner," and "commissioner" shall be construed to include the Board of Commissioners of Roberta-Crawford County, Georgia;

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

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

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

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SECTION 8-1-3. 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 8-1-4. Severability clause.

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

SECTION 8-1-5. Tort and nuisance liability.

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

ARTICLE IX TRANSITION PROVISIONS

SECTION 9-1-1. Election of first officials.

(a) The first Board of Commissioners of Roberta-Crawford County, Georgia, shall be elected as provided in Section 6-1-2 of this charter. (b) The election and any subsequent run-off shall be held in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." The superintendent of elections shall prepare a list of qualified voters for each of the five commissioner districts described in Section 2-1-2 of this charter. (c) The qualifications for office for such initial election shall be as prescribed by subsection (c) of Section 2-1-3 of this charter. (d) Any elected official of Crawford County or of the City of Roberta who is otherwise qualified under this charter shall be entitled to qualify and run for office of Roberta-Crawford County.

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

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

SECTION 9-1-3. 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 Roberta and Crawford County, on the effective date of consolidation, all services currently provided by the county to all residents of the presently unincorporated county shall be provided to all residents of Roberta-Crawford County. Assuming the continued availability of state and federal funds, this arrangement shall apply until modified by the board of commissioners.

SECTION 9-1-4. Initial budget.

The initial budget of the Roberta-Crawford County government for the period of time from the effective date of the government to the beginning of its first full fiscal year on October 1 shall be adopted at the first meeting of the Roberta-Crawford County Board of Commissioners.

SECTION 9-1-5. Cooperation of former governments.

(a) All officers, officials, and employees of the former City of Roberta and Crawford County shall cooperate with and assist the board of commissioners, the manager, and other officers of Roberta-Crawford County, Georgia:
(1) In planning the consolidation 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 Roberta-Crawford County, Georgia; and (2) In all other respects in order that the transfer of the governments be accomplished in the most orderly manner possible, the officers of Roberta-Crawford County 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.

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SECTION 9-1-6. Ordinances and resolutions.

The board of commissioners shall adopt a uniform body of ordinances and resolutions at its first regular meeting.

SECTION 9-1-7. Contracts and obligations.

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

SECTION 9-1-8. Dissolution of existing governments.

(a) On January 1, 2018, the charter of the City of Roberta, approved April 7, 1976 (Ga. L. 1976, p. 4127), as amended, is repealed in its entirety. (b) On January 1, 2018, the Office of the Board of Commissioners of Crawford County and the City Council of the City of Roberta and all the officers thereof and the offices thereof not continued under this charter are abolished, and all emoluments appertaining thereto shall cease. Thereupon the governments of Crawford County and the City of Roberta shall terminate as separate political entities and all powers, functions, duties, and obligations thereof shall be transferred to and vested in Roberta-Crawford County, Georgia.

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

When an agency of the City of Roberta or of Crawford County is abolished or consolidated by this charter, all books, papers, maps, charts, plans, records, other equipment, and personal

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property in possession of the same shall be transferred to and vested in Roberta-Crawford County, Georgia.

SECTION 9-1-10. Officers serve until successors qualify.

Notwithstanding any other provision of this charter, any officer performing duties under the government of the City of Roberta or Crawford County shall 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 services shall lapse or be abandoned because of lack of an officer to perform same.

SECTION 9-1-11. Referendum on the charter.

(a) It shall be the duty of the superintendent of elections of Crawford County to call a special election for approval or rejection of the proposed charter. Such special election shall be called for the Tuesday following the first Monday in November, 2016. The superintendent of elections shall cause the date and purpose of the election to be published once a week for two calendar weeks immediately preceding the date thereof in the official legal organ of Crawford County. The ballot shall have written or printed thereon the following:
"( ) YES Shall the charter reorganizing and fully unifying the governments of the ( ) NO City of Roberta and Crawford County into a single government 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 Crawford County residing within the corporate limits of the City of Roberta are for approval of the charter and if more than one-half of the total number of votes cast by all the qualified voters of Crawford County are for approval of the charter, then the charter shall become effective on January 1, 2018. Otherwise, it shall be void and of no force and effect. The expense of such election shall be borne equally by the City of Roberta and Crawford County. (c) The special election shall be conducted pursuant to Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (d) A qualified voter, as used in this Act, shall mean a voter of Crawford County qualified to vote for members of the General Assembly of Georgia. The superintendent of elections shall certify the returns to the Secretary of State.

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SECTION 9-1-12. Effective date of charter.

Section 9-1-11 of this charter and those parts of the charter necessary for conducting elections in 2017 if the charter is ratified by the voters shall become effective upon the approval of this charter by the Governor or upon its becoming law without such approval. The remaining provisions of this charter shall become effective January 1, 2018.

SECTION 9-1-13. Repeal of conflicting laws.

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

Notice is given that there will be introduced at the regular session of the General Assembly of Georgia a bill to provide for the unified government of Roberta-Crawford 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
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Robert Dickey, Representative from District 140, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Georgia Post, which is the official organ of Crawford County, on the 25th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:

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(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ ROBERT DICKEY Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 29th of February, 2016, Before me:

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

Approved April 28, 2016.

__________

CITY OF KENNESAW MAYOR; POWERS AND DUTIES; REMOVAL OF OFFICERS.

No. 511 (House Bill No. 1111).

AN ACT

To amend an Act to provide a new charter for the City of Kennesaw, approved May 6, 2013 (Ga. L. 2013, p. 4234), as amended, so as to revise the powers and duties of the mayor; to provide for the removal of officers under certain circumstances; 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 Kennesaw, approved May 6, 2013 (Ga. L. 2013, p. 4234), as amended, is amended by revising Section 2.06 as follows:

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"SECTION 2.06. Mayor as presiding officer; additional powers.

The mayor shall preside at meetings of the council, shall have a vote only in the case of a tie vote by councilmembers, shall have veto power, and shall have five business days after the meeting with the council in which to file with the clerk, in writing, his or her dissent, but the council may, at the same meeting or at the next regularly scheduled meeting of the mayor and council, pass any such ordinance, order, or resolution, notwithstanding the veto, by a vote of four-fifths of the total number of councilmembers, to be taken by ayes and nays, and such ordinance, order, or resolution shall be entered upon the minutes. The mayor shall be the chief executive officer of the city and shall have the authority to appoint councilmembers to advise the various departments of the city through the direction of the city manager. The mayor shall sign ordinances and resolutions on their final passage; may obtain short-term loans in the name of the city when authorized by the council to do so; shall sign deeds, bonds, and contracts when authorized by the council to do so; and shall perform all other duties imposed by this charter and by duly adopted ordinances."

SECTION 2. Said Act is further amended by adding a new section to Article II to read as follows:

"SECTION 2.14. Suspension and removal of officers.

(a) If the mayor or any member of the council is indicted for any felony in any court in the United States, the council, by majority vote of its members, may direct the city attorney to file a petition with the Superior Court of Cobb County to suspend such officer with pay pending the resolution of such indictment and shall serve a copy of such petition upon such officer. Upon the filing of such a petition, the Superior Court of Cobb County shall conduct a hearing on such petition, and if the court finds that the continued service by such officer would not be in the best interest of the public, the court shall issue an order suspending such officer with pay until such indictment is resolved. (b) The mayor and councilmembers may 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. (c) Removal of an officer pursuant to subsection (b) of this section shall be accomplished by one of the following methods:
(1) By an order of the Superior Court of Cobb County following a hearing on a complaint seeking such removal brought by the city attorney. Such action shall only be undertaken by the city attorney upon the adoption of a resolution directing the city attorney to file such complaint by a majority of the members of the council; or

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(2) By an order of the Superior Court of Cobb County following a hearing on a complaint seeking such removal brought by any resident of the City of Kennesaw. (d) The provisions of this section shall be in addition to any other provisions of law for removal or suspension of officers."

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

Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to amend an Act to provide a new charter for the City of Kennesaw, approved May 6, 2013 (Ga. L. 2013, p. 4234), as amended, so as to revise the powers and duties of the mayor; to authorize the mayor and council to conduct advisory referendums; to provide for the removal under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Ed Setzler, Representative from District 35, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Marietta Daily Journal, which is the official organ of Cobb County, on the 23rd of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ ED SETZLER Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 29th of February, 2016, Before me:

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

Approved April 28, 2016.

__________

GREENE COUNTY PARTICIPATION IN HEALTH INSURANCE PLAN AFTER SERVICE TERMINATION; QUALIFICATIONS.

No. 512 (House Bill No. 1113).

AN ACT

To amend an Act to provide that certain officials of Greene County who have served at least 15 years in office may, upon leaving, continue to participate in the county health insurance program for themselves and their dependents by paying the total cost of such participation, approved May 16, 2007 (Ga. L. 2007, p. 3664), as amended, particularly by an Act approved April 24, 2013 (Ga. L. 2013, p. 3654), so as to clarify the qualifications for participation in such health insurance program; to prohibit persons who are separated from the county by their commission of an illegal act from participating in such health insurance program; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide that certain officials of Greene County who have served at least 15 years in office may, upon leaving, continue to participate in the county health insurance program for themselves and their dependents by paying the total cost of such participation, approved May 16, 2007 (Ga. L. 2007, p. 3664), as amended, particularly by an Act approved April 24, 2013 (Ga. L. 2013, p. 3654), is amended by revising Section 1 as follows:

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"SECTION 1. Members of the Board of Commissioners of Greene County; the Clerk of the Superior Court of Greene County; the Judge of the Probate Court of Greene County; the Sheriff of Greene County; the Tax Commissioner of Greene County; and all full-time employees of Greene County shall be entitled after leaving office, leaving employment, or both, to participate in and be covered by the health insurance plan provided by the county for county officers and employees, provided that such officer or employee must have served at least 15 years in office, employment, or both, and further provided that he or she pays the total costs of such participation, including both the employee and employer premiums associated with such participation and that he or she was not separated from service with the county due to his or her commission of an illegal act that resulted in his or her separation. Such coverage shall extend to the officer or employee only and specifically excluding any spousal or dependent coverage, and shall only be extended until the officer or employee is eligible for Medicare Insurance Coverage, regardless of whether or not he or she accepts coverage through Medicare. Such coverage shall only include health insurance and specifically excludes any other voluntary insurance products that may be available to employees of Greene County."

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

Notice of Intention to Introduce Local Legislation
Notice is hereby given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to amend an Act to provide that certain officials of Greene County who have served at least 15 years in office may, upon leaving, continue to participate in the county health insurance program for themselves and their dependents by paying the total cost of such participation, approved May 16, 2007 (Ga. L. 2007, p. 3664), as amended, particularly by an Act approved April 24, 2013 (Ga. L. 2013, p. 3654), so as to clarify the qualifications for participation in such health insurance program; to clarify who is covered under such provision; to provide limits on coverages offered; to provide for related matters; and for other purposes. 25feb1c
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Trey Rhodes, Representative from District 120, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached.

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(2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Herald Journal, which is the official organ of Greene County, on the 25th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ TREY RHODES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 2nd of March, 2016, Before me:

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

Approved April 28, 2016.

__________

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DEKALB COUNTY MAGISTRATE COURT; ALTERNATE FORM OF SERVICE UNDER CERTAIN CIRCUMSTANCES.

No. 513 (House Bill No. 1115).

AN ACT

To amend an Act to make provisions for the Magistrate Court of DeKalb County, approved March 28, 1985 (Ga. L. 1985, p. 4819), as amended, so as to provide for an alternate manner of service of a citation for or accusation of a violation of an ordinance concerning the condition of real property; to limit sanctions for violations when such form of service is used; to provide for related matters; to provide for a contingent effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to make provisions for the Magistrate Court of DeKalb County, approved March 28, 1985 (Ga. L. 1985, p. 4819), as amended, is amended by adding a new section to read as follows:

"SECTION 6A. A citation for or accusation of a violation of an ordinance concerning the condition of real property may be served in an alternate manner consistent with general law related to the service of such actions."

SECTION 2. This Act shall become effective on July 1, 2016, only if a general law is enacted in the 2016 regular session of the General Assembly to authorize a new manner of service specific to an accusation of a violation of an ordinance concerning the condition of real property and such general law becomes effective on or before July 1, 2016. Otherwise, this Act shall be repealed by operation of law on such date.

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

Notice of Intention to Introduce Legislation Affecting DeKalb County
Notice is given on this 22nd day of January 2016, that there will be introduced at the regular 2016 session of the General Assembly of Georgia bills to create a Charter Review

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Commission; address the DeKalb unfunded pension legacycost; expand options for warrant service by Magistrate court; and minor changes to the organizational act.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Michele Henson, Representative from District 86, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Champion, which is the official organ of DeKalb County, on the 28th of January in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ MICHELE HENSON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 24th of February, 2016, Before me:

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

Approved April 28, 2016.

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DEKALB COUNTY STATE COURT; COSTS.

No. 514 (House Bill No. 1116).

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, particularly by an Act approved March 3, 2015 (Ga. L. 2015, p. 3501), so as to provide for the payment of costs in such court; to provide for a failure to appear fee in such court; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating 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 March 3, 2015 (Ga. L. 2015, p. 3501), is amended by adding a new section to Part 2 to read as follows:

"SECTION 2-8. (a) Each person who is ordered to pay a fine for, is convicted of, or pleads guilty or enters a plea of nolo contendere to any violation shall pay court costs of $25.00 unless otherwise ordered by the sentencing judge. Such court costs may be included in an order of probation and paid during the probated part of any sentence. Such court costs shall be used to defray the cost of operating the state court. (b) Each person who fails to appear for a scheduled court appearance, pursuant to a citation, or court notice, shall pay a $50.00 failure to appear fee, unless otherwise ordered by the sentencing judge. Such fee may be included in an order of probation and paid during the probated part of any sentence."

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

Notice is given that there will be introduced at the regular 2015-2016 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, approved February 14, 1951 (Ga. L. 1951, p. 2401), related to court costs for the State Court of DeKalb County, as amended; to provide for applicability, to repeal conflicting laws: and for other purposes.

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AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Mary Margaret Oliver, Representative from District 82, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the The Champion, which is the official organ of DeKalb County, on the 25th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ MARY MARGARET OLIVER Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 29th of February in the year 2016, Before me:

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

Approved April 28, 2016.

__________

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WASHINGTON COUNTY WASHINGTON COUNTY HOSPITAL AUTHORITY; VACANCIES.

No. 515 (House Bill No. 1118).

AN ACT

To provide for the filling of vacancies on the Washington County Hospital Authority; to provide for the filling of vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) The Washington County Hospital Authority shall consist of a board of not less than five nor more than nine members, as specified in a resolution adopted by the Board of Commissioners of Washington County, and shall otherwise meet the requirements set forth in subsection (a) of O.C.G.A. Section 31-7-72. (b) Pursuant to the authority of subsection (c) of O.C.G.A. Section 31-7-72, relating to boards of hospital authorities in existence prior to March 15, 1964, all vacancies occurring on the board of the Washington County Hospital Authority, whether occurring by virtue of the death, resignation, or other disability of the member prior to the end of the member's term of office or by virtue of the expiration of a member's term of office, shall be filled by the Board of Commissioners of Washington County. (c) The Board of Commissioners of Washington County may, after appropriate notice and hearing, remove any member of the Washington County Hospital Authority who has been found by a majority vote of the Board of Commissioners to have violated the conflict of interest requirements of O.C.G.A. Section 31-7-74.1 or the member's oath 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 2016 session of the General Assembly of Georgia a bill to provide for the filling of vacancies on the Washington County Hospital Authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2016 SESSION

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AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Mack Jackson, Representative from District 128, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Sandersville Progress, which is the official organ of Washington County, on the 2nd of March in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ MACK JACKSON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 7th of March, 2016, Before me:

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

Approved April 28, 2016.

__________

3954

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CHATHAM COUNTY COUNTY SURVEYOR; ABOLISH OFFICE.

No. 516 (House Bill No. 1119).

AN ACT

To abolish the office of elected county surveyor of Chatham County; to provide that the person currently serving as elected county surveyor shall serve the remainder of his or her term; 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. Pursuant to the authority granted by Code Section 36-7-2.1 of the O.C.G.A., the office of elected county surveyor of Chatham County is abolished. The person serving as elected county surveyor of Chatham County on January 1, 2016, shall continue to serve as such until the expiration of the current term to which such person was elected.

SECTION 2. This Act shall become law 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 2016 session of the General Assembly of Georgia a bill to abolish the office of elected county surveyor of Chatham County; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Jesse Petrea, Representative from District 166, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached.

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(2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Savannah Morning News, which is the official organ of Chatham County, on the 26th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ JESSE PETREA Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 7th of March, 2016, Before me:

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

Approved April 28, 2016.

__________

3956

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

DEKALB COUNTY COMMUNITY IMPROVEMENT DISTRICTS; ADMINISTRATION; TAXES, FEES, AND ASSESSMENTS; BOUNDARIES; SERVICES AND FACILITIES; DISSOLUTION.

No. 538 (Senate Bill No. 225).

AN ACT

To amend an Act creating one or more community improvement districts within DeKalb County, approved May 13, 2008 (Ga. L. 2008, p. 3817), as amended, so as to change certain provisions relating to creation of such districts; to change certain provisions relating to administration; to change certain provisions relating to taxes, fees, and assessments; to change certain provisions relating to boundaries of such districts; to change certain provisions relating to providing services and facilities; to change certain provisions relating to dissolution; 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 within DeKalb County, approved May 13, 2008 (Ga. L. 2008, p. 3817), as amended, is amended by revising Section 2 to read as follows:

"SECTION 2.

The purpose of this Act shall be to provide for the creation of one or more community improvement districts within unincorporated DeKalb County and each municipality therein, and such district shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating each district created hereby, or as may be adopted by resolutions of the majority of the electors and the majority of the equity electors as defined in this Act:
(1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Storm water and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation; (6) Terminal and dock facilities and parking facilities; and (7) Such other services and facilities as may be provided for by general law."

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SECTION 2. Said Act is further amended by revising Section 4 to read as follows:

"SECTION 4.

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 DeKalb County, Georgia, either wholly within the unincorporated area thereof or wholly within any municipality or municipalities therein, or partially within one or more municipalities and partially within the unincorporated area thereof, each of which shall be activated upon compliance with the conditions set forth in this section. Each district shall be governed by a board constituted by this Act. The conditions for such activation shall be:
(1) The adoption of a resolution consenting to the creation of each community improvement district by:
(A) The governing authority of DeKalb County if the district is located wholly within the unincorporated area of DeKalb 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 DeKalb County and any municipality in which the district is partially located if it is partially within the unincorporated area of DeKalb County and partially within the incorporated area of any municipality; and (2) The written consent to the creation of the community improvement district by: (A) A majority of the owners of real property within the district which will be subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property within the 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 county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the tax commissioner of DeKalb County, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to such proposed district. No district or board created under this Act shall transact any business or exercise any powers under this Act until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State, who shall maintain a record of all districts activated under this Act, and with the Georgia Department of Community Affairs. No district created wholly within unincorporated DeKalb County shall be required to remain activated by the subsequent resolution of a municipality which is approved for incorporation by public referendum prior to January 1, 2016, and which is created within, or which annexes into, an existing community improvement district."

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 3. Said Act is further amended by revising subsection (a) of Section 5 to read as follows:
"(a) Each district created pursuant to this Act shall be administered by a board composed of at least seven board members to be appointed and elected as provided in this section. Two board members shall be appointed by the governing authority of DeKalb County should the district boundaries lie entirely within unincorporated DeKalb County. Should any of the district lie within the incorporated area of DeKalb County, only one board member shall be appointed by the governing authority of DeKalb County. One board member shall be appointed by the governing authority of each municipality within which any portion of the district lies. Two board members shall be elected by the vote of electors, and three members shall be elected by the vote of equity electors. The members representing electors and equity electors shall be elected to serve in post positions 1 through 5, respectively. Each elected board member must receive a majority of the votes cast for the post for which he or she is a candidate. Votes for Posts 1 and 2 shall be cast by electors and votes for Posts 3, 4, and 5 shall be cast by equity electors. The initial terms of office of the members representing Posts 1 and 4 shall be one year. The initial terms of office of the members representing Posts 2 and 5 shall be two years, and the initial term of office of the member representing Post 3 shall be three years. Thereafter, all terms of office shall be for three years. The appointed board members shall serve at the pleasure of the appointing authority."

SECTION 4. Said Act is further amended by revising subsection (a) of Section 6 to read as follows:
"(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 of the aggregate assessed value of all such real property. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the county or municipality as a whole. Any tax, fee, or assessment so levied shall be collected by DeKalb County in the same manner as taxes, fees, and assessments are levied by DeKalb County. Delinquent taxes shall bear the same interest and penalties as DeKalb County or municipal ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 1 percent of such proceeds, but not

GEORGIA LAWS 2016 SESSION

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more than $25,000.00 in any one calendar year, shall be transmitted by DeKalb County to the board and shall be expended by the board only for the purposes authorized by this Act."

SECTION 5. Said Act is further amended by revising Section 7 to read as follows:

"SECTION 7.

(a) The boundaries of each district or districts shall be as designated as such by the governing authority of DeKalb County and such municipalities within which the district may be partially located if partially within the unincorporated area of DeKalb 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 resolution required in Section 4 of this Act, or as may thereafter be added as provided in this Act. (b) The boundaries of the district may be increased after the initial creation of a district pursuant to the following:
(1) Written consent of a majority of the owners of real property within the 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 DeKalb County if any portion of the district is or is to be in the unincorporated area of DeKalb County, and/or the governing authority of such municipalities as may have area within the district immediately before or immediately after the annexation."

SECTION 6. Said Act is further amended by revising Section 9 to read as follows:

"SECTION 9.

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

3960

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

and complete authority and control over any of its facilities located within its respective areas of any district. Said control shall include, but not be limited to, the modification of, access to, and degree and type of services provided through or by facilities of the county 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 7. Said Act is further amended by revising Section 14 to read as follows:

"SECTION 14.

(a) Any district activated under the provisions of this Act may be dissolved. The conditions for such dissolution shall be:
(1) The adoption of a resolution approving of the dissolution of each community improvement district by the DeKalb County Board of Commissioners if wholly within the unincorporated area of DeKalb County, by the governing authority of DeKalb County and such municipalities within which the district may be located if within the unincorporated area of DeKalb County and partially within one or more municipalities, or by the governing authority of a municipality if wholly within the incorporated area thereof; and (2) The written consent to the dissolution of the community improvement district by:
(A) Two-thirds of the owners of real property within the district which are subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property constituting at least 75 percent by value of all real property within the district which are subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the DeKalb County tax commissioner, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each proposed district dissolution. (b) 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. (c) Upon a successful dissolution action, all noncash assets of the district other than public facilities or land or easements to be used for such public facilities, as described in Section 2 of this Act, shall be reduced to cash and, along with all other cash on hand, shall be applied to the repayment of any debt obligation of the district. Any cash remaining after all outstanding obligations are satisfied shall be refunded to each property owner in direct

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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. (d) When dissolution becomes effective, the county governing authority for public facilities located within the unincorporated area, or the municipality within which they are located, shall take title to all property, 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. (e) A district may be reactivated in the same manner as an original activation."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act creating one or more community improvement districts within DeKalb County, approved May 13, 2008 (Ga. L. 2008, p. 3817), as amended and for other purposes.

GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Henson, who on oath deposes and says that he is the Senator from District 41 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on March 12, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ STEVE HENSON Steve Henson Senator, District 41
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)

3962

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Approved May 3, 2016.

__________

GREENE COUNTY BOARD OF ELECTIONS AND REGISTRATION; ELECTION SUPERVISOR; QUALIFICATIONS, APPIOINTMENT, COMPENSATION, DUTIES, AND EMPLOYMENT.

No. 540 (House Bill No. 1067).

AN ACT

To amend an Act to create a board of elections and registration for Greene County, approved May 16, 2007 (Ga. L. 2007, p. 3602), so as to provide for an election supervisor; to provide for the qualifications, appointment, compensation, duties, and employment of said election supervisor; 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 Greene County, approved May 16, 2007 (Ga. L. 2007, p. 3602), is amended by revising Section 4 as follows:

"SECTION 4. There shall be an election supervisor who shall generally direct and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The election supervisor shall not be a member of the board. The appointment of the election supervisor shall be made by the board of commissioners, which will consider the recommendation of the board of elections and registration. The supervisor shall be appointed and removed by the board of commissioners in the same manner as department heads. The compensation of such election supervisor shall be established by the board of commissioners in the same manner as department heads. The election supervisor shall provide daily employee supervision, serve as staff support for the board, attend all meetings of the board, carry out the duties of voter registration and elections as required by law, and be an employee of Greene 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 2016 session of the General Assembly of Georgia a bill to amend an Act to create a board of elections and registration for Greene County, approved May 16, 2007 (Ga. L. 2007, p. 3602); and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Trey Rhodes, Representative from District 120, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Herald Journal, which is the official organ of Greene County, on the 4th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ TREY RHODES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 22nd of February, 2016, Before me:

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

3964

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Approved May 3, 2016.

__________

COBB COUNTY STATE COURT; JUDGES; COMPENSATION; RETIREMENT CONTRIBUTIONS.

No. 542 (House Bill No. 1074).

AN ACT

To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, so as to change the compensation of the judges of the state court; to authorize the governing authority of Cobb County to make payments to the Trial Judges and Solicitors Retirement Fund; 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, is amended in Section 3 of Part 1 by replacing:
"The chief judge of the State Court of Cobb County shall receive as additional compensation $4,071.00 per annum." with: "The chief judge of the State Court of Cobb County shall receive as additional compensation $9,216.18 per annum."

SECTION 2. Said Act is further amended in Section 23 of Part 1 by replacing:
"The salary of the judges of Division 1 of the State Court of Cobb County shall be $171,506.00 per annum." with: "The salary of the judges of Division 1 of the State Court of Cobb County shall be $176,651.18 per annum."

SECTION 3. Said Act is further amended by revising Section 2-3 of Part 2 as follows:

"SECTION 2-3. (a) The salary of each associate judge shall be $22,500.00 per annum below the salary of the judges of Division 1 of the State Court of Cobb County to be paid in equal monthly

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installments from the funds of Cobb County. The associate judges are designated as full-time judges and may not engage in the private practice of law. (b) The governing authority of Cobb County is authorized to pay to the Trial Judges and Solicitors Retirement Fund, on behalf of the associate judges, any employee contributions required for the associate judges' participation in said retirement fund. Any employee contributions so paid by the governing authority of Cobb County shall be in addition to any other compensation to which the associate judges are entitled."

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 2016 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Cobb County, approved Mrch 26, 1984 (Ga. L. 1964, p. 3211), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Bert Reeves, Representative from District 34, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Marietta Daily Journal, which is the official organ of Cobb County, on the 19th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

3966

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

s/ BERT REEVES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 22nd of February, 2016, Before me:

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

Approved May 3, 2016.

__________

FAYETTE COUNTY MAGISTRATE COURT; COUNTY LAW LIBRARY FEES.

No. 543 (House Bill No. 1080).

AN ACT

To authorize the Magistrate Court of Fayette 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 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 Fayette 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.

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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 Griffin Judicial Circuit.

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 Fayette County.

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 2016 session of the General Assembly of Georgia a bill to authorize the Magistrate Court of Fayette 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; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Matt Ramsey, Representative from District 72, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Fayette County News, which is the official organ of Fayette County, on the 10th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

3968

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

s/ MATT RAMSEY Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 23rd of February, 2016, Before me:

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

Approved May 3, 2016.

__________

CITY OF JERSEY MAYOR AND COUNCIL; TERMS OF OFFICE.

No. 544 (House Bill No. 1081).

AN ACT

To amend an Act to provide a new charter for the City of Jersey, approved March 22, 1990 (Ga. L. 1990, p. 4484), so as to change the terms of the members of the governing authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide a new charter for the City of Jersey, approved March 22, 1990 (Ga. L. 1990, p. 4484), is amended by revising subsection (b) of Section 2.10 as follows:
"(b) The mayor and council members shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless he or she shall have been a resident of this city for 12 months immediately preceding the election of mayor or council members; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate on the ballot for election for either mayor or council member unless such person shall file a written notice with the clerk of said city that he or she desires his or her name to be placed on said ballot as a candidate either for mayor or council member.

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No person shall be eligible for the office of mayor or council member unless such person shall file above said notice within the time provided for in Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the 'Georgia Election Code.'"

SECTION 2. Said Act is further amended by revising subsection (e) of Section 2.11 as follows:
"(e) On the Tuesday next following the first Monday in November, 2016, and on that day every four years thereafter, there shall be elected a mayor and four council members. The four persons receiving the greatest number of votes cast in such elections shall be elected to the four council posts. In the case of a tie for the fourth seat, there shall be a run-off election. The terms of the offices shall begin at the time of taking the oath of office as provided in Section 3.11 of this charter."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular session of the General Assembly of Georgia a bill to amend an Act providing for the election of the governing authority of City of Jersey approved March 22, 1990 (Ga L. 1990, p. 4484), and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Bruce Williamson, Representative from District 115, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Walton Tribune, which is the official organ of Walton County, on the 7th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:

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(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ BRUCE WILLIAMSON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 23rd of February, 2016, Before me:

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

Approved May 3, 2016.

__________

CITY OF BLAKELY NEW CHARTER.

No. 545 (House Bill No. 1082).

AN ACT

To provide a new charter for the City of Blakely; to provide for incorporation, boundaries, powers, and construction; to provide for a governing authority, its number, elections, terms, qualifications, filling of vacancies, conflicts of interest, compensation and expenses, inquiries and investigations, power and authority, eminent domain, meetings, procedural rules, quorum and voting, ordinances, emergencies, technical codes, a chief executive officer, powers and duties of the mayor, and a mayor pro tempore; to provide for city departments, city boards, commissions, authorities, a city attorney, a city clerk, and personnel policies; to provide for a municipal court, municipal judges, convening, jurisdiction and powers, certiorari, rules, and indigent defense; to provide for elections, special elections, removal of officers, and vacancies; to provide for taxes, regulatory fees and permits, franchises, service charges, special assessments, collection of delinquent taxes and fees, bonds, short-term loans, lease-purchase contracts, a fiscal year, budgets, changes in appropriations, audits, contracting procedures and purchasing, and sale and lease of property; to provide for bonds for officials,

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prior ordinances, existing personnel and officers, pending matters, and construction; 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.

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 of City of Blakely, 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 Blakely City Hall and to be identified by the city clerk as the Official Map of the Corporate Limits of the City of Blakely, Georgia. A photographic, typed, or other copy of such map or description certified by the City of Blakely 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 of or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.

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SECTION 1.13. Specific powers.

The city shall have the following powers: (1) Animal Regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of the same if 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 purpose authorized by this charter or for municipal corporations by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building Regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (4) Business Regulation and Taxation. To levy and to provide for 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 such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property inside or outside the corporate limits of the city for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures as the same shall exist from time to time provided by the Official Code of Georgia Annotated; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for deermining 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 through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law relating to fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof;

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(10) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal fee and other sanitary service charge as may be necessary for the operation of the city from all individuals, firms, and corporations residing therein or doing business therein and receiving such services or to whom such services are available; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General Health, Safety, and Welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail Sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail or to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal Agencies and Delegation of Power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal Debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter and the laws of the State of Georgia; (18) Municipal Property Ownership. To acquire, dispose of, lease, option, and hold in trust or otherwise accept or transfer an interest in any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of the same by the public, and to prescribe penalties and punishment for violations thereof; (20) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television, and other telecommunications, transportation facilities, public airports, and any other public utility; 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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(21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and Zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (24) Police and Fire Protection. To exercise the power of arrest through duly appointed police and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public Hazards: Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public Improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under procedures provided by the Official Code of Georgia Annotated as the same shall exist from time to time; (27) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public Utilities and Services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations, standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as the same are not in conflict with valid regulations of the Public Service Commission; (30) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish, 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

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of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or land and to impose penalties for failure to do so; (33) Sewer Fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sanitary sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish, and refuse; to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (35) Special Areas of Public Regulation. To the extent allowed by general law, to regulate or prohibit junk dealers, pawn shops, the manufacture and sale of intoxicating liquors; to regulate the transportation, storage, and use of combustible, explosive, and flammable materials and the use of lighting and heating equipment; to regulate 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; to license, tax, regulate, or prohibit professional fortunetelling, palmistry, and massage parlors; and to restrict adult bookstores to certain areas; (36) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To the extent allowed by general law, 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) Telecommunications. To engage in the planning, design, acquisition, construction, and equipping of communication cables, sleeves, and systems for the distribution and sale of communication services to private and public users and consumers, including but not limited to broadband, Internet, cable television, and associated services to the state and to counties and municipalities within the territorial boundaries of the city and to enter into intergovernmental agreements with other governmental entities for the planning, design, acquisition, construction, and equipping of said systems for the distribution and sale of such services;

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(41) Urban Redevelopment. To organize and operate an urban redevelopment program; and (42) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and 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 and its officers, agencies, or employees shall be carried into execution as provided by this charter. Regarding any matter for which 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 four 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. Mayor and city council terms and qualifications for office.

(a) The mayor and members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for at least 12 months prior to the date of election of the mayor or member of the council.

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

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 Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. In addition, 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 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 remains in the unexpired term. If six months or more remain in the unexpired term, an election shall be held as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated or such other laws as are or may hereafter be enacted.

SECTION 2.13. Compensation and expenses.

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

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SECTION 2.14. Conflicts of interest.

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

SECTION 2.15. Inquiries and investigations.

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

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

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

SECTION 2.17. Eminent domain.

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

SECTION 2.18. Organizational meetings.

The city council shall hold an organizational meeting at the first meeting in January following the regular election, as provided in Section 5.11 of this charter. The meeting shall

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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 Blakely 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 Blakely for the time required by the Constitution and laws of the State of Georgia and the charter of the City of Blakely, so help me God."

SECTION 2.19. Regular and special meetings.

(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally or by telephone 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 as fully as reasonably possible as provided by 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 2.20. Rules of procedure.

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

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SECTION 2.21. Quorum; voting.

Three councilmembers or the mayor and two councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by oral vote, and the vote shall be recorded in the journal; but any member of the city council shall have the right to request a roll-call vote, and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers or of the mayor and two councilmembers shall be required for the adoption of any ordinance, resolution, or motion. The mayor shall vote only in the case of a tie or when an affirmative or negative vote by the mayor constitutes a majority of three votes. An abstention shall not be counted as either an affirmative or a 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 Blakely," and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish. All ordinances shall have two separate readings; provided, however, that the city council may dispense with the second reading by the unanimous consent of the members present. Emergency ordinances, as provided in Section 2.24 of this charter, may be adopted on the same day that they are introduced without a second reading. Upon introduction of any ordinance, the city clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the city clerk and at such other public places as the city council may designate.

SECTION 2.23. Action requiring an ordinance.

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

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SECTION 2.24. Emergencies.

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

SECTION 2.25. Codes of technical regulations.

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

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

(a) The clerk shall authenticate by the clerk's signature and record in full, in a properly indexed book kept for that purpose, all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Blakely, 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 to incorporate therein. The city council shall make such further arrangements as deemed desirable for reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

SECTION 2.27. Chief executive officer.

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

SECTION 2.28. Powers and duties of mayor.

As the chief executive officer of the city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Appoint and remove all officers, department heads, and employees of the city except as otherwise provided 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;

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(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 Section 2.19 of this charter; (8) Provide for an annual audit of all accounts of the city; (9) Require any department or agency of the city to submit written reports whenever the mayor and city council deem it expedient; (10) Sign as a matter of course all written contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (11) Preside at all meetings of the city council and vote only in the event of a tie or when an affirmative or negative vote by the mayor constitutes a majority of three votes; and (12) Perform such other duties as may be required by law, this charter, or ordinance.

SECTION 2.29. Mayor pro tempore; selection; duties.

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

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

(a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions and duties of and establish, abolish, alter, consolidate, or leave vacant 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 and directors of city departments under the supervision of the mayor and city council shall be nominated by the mayor with confirmation of appointment

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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.

SECTION 3.11. Boards, commissions, and authorities.

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

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SECTION 3.12. City attorney.

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

SECTION 3.13. City clerk.

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

SECTION 3.14. Personnel policies.

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

ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Municipal court creation.

There shall be a court to be known as the municipal court of the City of Blakely.

SECTION 4.11. Chief judge; associate judge.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or standby judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years and shall 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.

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(c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at-will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.

SECTION 4.12. Convening.

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

SECTION 4.13. Jurisdiction; powers.

(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $500.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days, or both such fine and imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and care of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizance to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.

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(f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.

SECTION 4.14. 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 Early County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

SECTION 4.15. Rules for court.

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

SECTION 4.16. Indigent defense and prosecutor.

The mayor and city council shall have the power to provide for a system of defense for indigent persons charged in the municipal court of the City of Blakely 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 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 ADMINISTRATION
SECTION 5.10. Applicability of general law.

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

SECTION 5.11. Regular elections; time for holding.

(a) On Tuesday next following the first Monday in November, 2017, successors to District 1 - Post 1 and District 2 - Post 1 councilmembers whose terms expire on December 31, 2017, shall be elected for a term of office expiring on December 31, 2021, and until their respective successors are elected and qualified. (b) On Tuesday next following the first Monday in November, 2019, successors to the mayor, District 1 - Post 2, and District 2 - Post 2 councilmembers whose terms expire on December 31, 2019, shall be elected for a term of office expiring on December 31, 2023, and until their respective successors are elected and qualified. (c) Thereafter, the general municipal election for the election of the mayor and councilmembers shall be conducted on the Tuesday next following the first Monday in November in each odd-numbered year. Successors shall be elected to those offices, the terms of which will expire on December 31 of such year. All persons elected to such offices shall take office on January 1 immediately following the date of the municipal election and shall have terms of office of four years and until their respective successors are elected and qualified.

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.

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

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SECTION 5.14. Special elections.

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 the remaining councilmembers shall appoint a successor for the remainder of the term if fewer than six months remain in the term. If six months or more remain in the unexpired term, a special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," as now or hereafter amended.

SECTION 5.15. Other provisions.

Except as otherwise provided by this charter, the city council shall by ordinance prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," as now or hereafter amended.

SECTION 5.16. Removal of officers.

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

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ARTICLE VI FINANCE
SECTION 6.10. Property tax.

The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax shall be 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 installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.

SECTION 6.12. Occupational and business taxes.

The city council by ordinance shall have the power to levy such occupational 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.

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SECTION 6.14. Franchises.

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

SECTION 6.15. Service charges.

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

SECTION 6.16. Special assessments.

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

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SECTION 6.17. Construction; other taxes 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.

(a) The city council shall have the power and authority to provide by ordinance for the collection from delinquent taxpayers, in addition to all other sums, of the costs of collection and the costs of levy preparation and execution procedures and to add such sums to the amounts due on tax executions. The costs of levy preparation and execution procedures shall include, without limitation, the cost of title searches, name and address verifications, legal fees, and all other levy and enforcement costs of every kind. (b) The city council shall have the power and authority to provide by ordinance for the employment by the city clerk of agencies to assist in the collection of delinquent taxes and in tax execution levy preparation and enforcement procedures, to provide for the payment of the costs of such agencies by the delinquent taxpayer, and to provide for the costs of such agencies to be added to the amounts due on tax executions. (c) Executions for any and all taxes or licenses, or demands of any sort due the city or its corporate authorities by any person, firm, or corporation, or against any property subject thereto, shall be issued by the city 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 or her deputies and any and all 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 this state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.

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SECTION 6.20. Revenue bonds.

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

SECTION 6.21. Short-term loans.

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

SECTION 6.22. Lease-purchase contracts.

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

SECTION 6.23. Fiscal year.

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

SECTION 6.24. Preparation of budgets.

The city council shall provide by ordinance for 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.

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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 and capital budget for the ensuing fiscal year. The operating 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 deemed necessary. The operating budget and the capital budget required by this article, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

SECTION 6.26. Action by city council on budget.

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

SECTION 6.27. Tax levies.

The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and

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applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the city.

SECTION 6.28. Change in appropriations.

The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or at a 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 government may be accepted as satisfying the requirements of this section. Copies of annual audit reports shall be available at printing costs to the public.

SECTION 6.30. Contracting procedures.

No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council, and such approval is entered in the city council journal of proceedings pursuant to Section 2.20 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.

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SECTION 6.32. Sale and lease of city property.

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

ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.

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

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.

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

SECTION 7.15. Specific repealer.

An Act to provide a new charter for the City of Blakely, approved April 5, 1994 (Ga. L. 1994, p. 4579), as amended, is hereby repealed.

SECTION 7.16. Effective date.

This Act shall become effective on July 1, 2016.

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SECTION 7.17. General repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to provide a new charter for the City of Blakely; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Gerald Greene, Representative from District 151, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Early County News, which is the official organ of Early County, on the 17th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ GERALD GREENE Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 23rd of February, 2016, Before me:

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

Approved May 3, 2016.

__________

TIFT COUNTY STATE COURT; FULL-TIME SOLICITOR.

No. 546 (House Bill No. 1083).

AN ACT

To amend an Act creating and establishing the State Court of Tift County, approved March 30, 1971 (Ga. L. 1971, p. 2468), so as to change the office of the solicitor of the state court to a full-time position; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating and establishing the State Court of Tift County, approved March 30, 1971 (Ga. L. 1971, p. 2468), is amended by revising Section 8 as follows:
"Section 8. The office of solicitor shall be full-time. The solicitor shall be compensated by an annual salary to be fixed by the Board of Commissioners of Tift County and to be not less than $8,000.00, and which salary shall be paid from the general fund of said county in 12 monthly installments. The Board of Commissioners of Tift County shall, prior to February 15 of each calendar year, fix the salary of such solicitor for such calendar year, provided that such salary shall not be less than the minimum hereinabove stated."

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 2016 session of the General Assembly of Georgia a bill to amend an Act creating and establishing the State Court of Tift County, approved March 30, 1971 (Ga. L. 1971, p. 2468); and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Penny Houston, Representative from District 170, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Tifton Gazette, which is the official organ of Tift County, on the 19th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ PENNY HOUSTON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 19th of February, 2016, Before me:

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

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Approved May 3, 2016.

__________

HABERSHAM COUNTY HABERSHAM COUNTY AIRPORT AUTHORITY; REPEAL.

No. 548 (House Bill No. 1092).

AN ACT

To repeal an Act creating the Habersham County Airport Authority, approved April 20, 2011 (Ga. L. 2011, p. 3684); to provide for the assets and encumbrances thereof; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Habersham County Airport Authority, approved April 20, 2011 (Ga. L. 2011, p. 3684), is hereby repealed in its entirety.

SECTION 2. All property of the authority, real and personal, tangible and intangible, shall revert to and be the property of Habersham County, subject to all rights and encumbrances thereon, and the county shall fulfill all obligations of the authority.

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 2016 session of the General Assembly of Georgia a bill to amend an Act creating the Habersham County Airport Authority, approved April 20, 2011 (Ga. L. 2011, p. 3684); and for other purposes.

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AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Terry Rogers, Representative from District 10, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Northeast Georgian, which is the official organ of Habersham County, on the 17th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ TERRY ROGERS Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 23rd of February in the year 2016, Before me:

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

Approved May 3, 2016.

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GEORGIA LAWS 2016 SESSION

4003

FAYETTE COUNTY BOARD OF EDUCATION; COMPENSATION.

No. 549 (House Bill No. 1097).

AN ACT

To amend an Act providing for the compensation and expenses of the chairperson and members of the Board of Education of Fayette County, approved March 30, 1993 (Ga. L. 1993, p. 4308), so as to increase the compensation of the chairperson and members of the Fayette County Board of Education; 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 and expenses of the chairperson and members of the Board of Education of Fayette County, approved March 30, 1993 (Ga. L. 1993, p. 4308), is amended by revising Section 1 as follows:

"SECTION 1. The members of the Board of Education of Fayette County, other than the chairperson, shall be compensated in the amount of $850.00 per month for their services. The chairperson shall be compensated in the amount of $950.00 per month for service as chairperson. While meeting or traveling outside Fayette County as a member of the board on official business first authorized by a majority of the board, the chairperson or any member of the board shall receive reimbursement for actual expenses necessarily incurred in connection therewith. The accounts for such service and expenses shall be submitted for approval to the Fayette County school superintendent. The compensation and expenses of the chairperson and members of the board of education shall be paid only from the tax funds available to such board for educational purposes."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation and expenses of the chairperson and members of the Board of Education of Fayette County, approved March 30, 1993 (Ga. L. 1993, p. 4308), so as to increase the compensation of the chairperson

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and members of the Fayette County Board of Education; to repeal conflicting laws; and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, John Yates, Representative from District 73, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Fayette County News, which is the official organ of Fayette County, on the 17th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ REP. JOHN YATES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 25th of February, 2016, Before me:

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

Approved May 3, 2016.

GEORGIA LAWS 2016 SESSION

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CARROLL COUNTY TAX COMMISSIONER; FUNDS RETAINED FOR COLLECTING SCHOOL TAXES.

No. 550 (House Bill No. 1093).

AN ACT

To amend an Act providing that the tax commissioner of Carroll County shall retain 1 percent of educational funds collected by said officer and remit the same to the governing authority of Carroll County to reimburse the county for the cost of collecting school taxes, approved March 27, 1998 (Ga. L. 1998, p. 3698), so as to increase the percentage of educational funds retained and remitted by said officer for said purpose to the governing authority of Carroll County; to provide a statement of intention and authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing that the tax commissioner of Carroll County shall retain 1 percent of educational funds collected by said officer and remit the same to the governing authority of Carroll County to reimburse the county for the cost of collecting school taxes, approved March 27, 1998 (Ga. L. 1998, p. 3698), is amended by revising Section 1 as follows:

"SECTION 1. The tax commissioner of Carroll County shall remit all educational funds collected by said officer to the board of education of Carroll County and the board of education of the Carrollton Independent School System, except that 2.5 percent of the funds collected shall be retained by the tax commissioner and remitted to the governing authority of Carroll County to reimburse the county for the cost of collecting school taxes."

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

"SECTION 2. It is the intention of this Act to authorize the tax commissioner of Carroll County to collect the full commission amount authorized by subsection (a) of Code Section 48-5-404 of the Official Code of Georgia Annotated."

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 2016 session of the General Assembly of Georgia a bill to amend an Act providing that the tax commissioner of Carroll County shall retain 1 percent of educational funds collected by said officer and remit same to the governing authority of Carroll County to reimburse the county for the cost of collecting school taxes, approved, May 27, 1998, (Ga. L. 1998, p. 3698); and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Dustin Hightower, Representative from District 68, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Times-Georgian, which is the official organ of Carroll County, on the 16th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ DUSTIN HIGHTOWER Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 19th of February in the year 2016, Before me:

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

Approved May 3, 2016.

__________

CITY OF HOGANSVILLE NEW CHARTER.

No. 551 (House Bill No. 1020).

AN ACT

To provide a new charter for the City of Hogansville; to provide for incorporation and boundaries; to provide for government composition and election, vesting of rights, assumption of debts, existing ordinances, continuing in office of the governing authority, vacancy in office, and conflicts of interest; to provide for the composition of the governing body, qualifications, holding other office and voting when personally interested, organization meetings, oaths, a mayor pro tempore, meetings, compelling attendance to same, rules of procedure, a quorum and voting, salaries and expenses, removal from office, vacancy, duties, inquiries and investigations, powers and duties of the mayor, legislation, and boards; to provide for powers and construction, and specific powers; to provide for elections; to provide for administration, for a city clerk, a city attorney, a city manager, and personnel policies; to provide for a municipal court, judges, convening, jurisdiction and powers, certiorari, and rules for court; to provide for finance and taxation, a fiscal year, bonds, budgets, depositories, contracting procedures, taxes and collection of same, short-term loans, and lease-purchase contracts; to provide for public improvements, utilities, and services; 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:

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ARTICLE I INCORPORATION AND POWERS
SECTION 1.01. Incorporation; name; style; designation; authority as body politic and corporate.

The City of Hogansville, in Troup County, 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 Hogansville, shall continue as a body politic and corporate, known by the corporate name of the "City of Hogansville," hereinafter also referred to as "the city." As a body politic and corporate, the city shall have authority to govern itself and its inhabitants by such ordinances, resolutions, rules, regulations and bylaws for municipal purposes as may be adopted and promulgated under the terms and provisions of this charter, not in conflict with the Constitution or laws of this state or of the United States, with authority in and by its corporate name to sue and be sued, plead and be impleaded in all courts, and have and use a common seal, buy, hold, exchange, sell and convey property, make all necessary and lawful contracts, transact all of its business, and do all other things necessary to promote the municipal corporate purposes of said city. Said corporation, through its city council, shall have all of the authority, powers and privileges incident to municipal corporations under the laws of the State of Georgia, and all other authority necessary and proper to make, regulate, maintain, and preserve a proper and legal government for said city.

SECTION 1.02. Corporate boundaries.

The corporate limits of the city shall be as described below: (a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map of the Corporate Limits of the City of Hogansville, 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 to reflect lawful changes in the corporate boundaries. The redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

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SECTION 1.03. Government composition and election.

The legislative authority of the government of the City of Hogansville shall be vested in a mayor and five city council members, who shall be elected in the manner provided by Article IV of this charter.

SECTION 1.04. Vesting of rights, etc.

All properties, titles, easements, hereditaments, privileges, and related rights and powers belonging or in any way appertaining to the City of Hogansville as heretofore incorporated, are hereby vested absolutely in the City of Hogansville, incorporated under this Act in the same manner and to the same extent as they were had by said former city.

SECTION 1.05. Assumption of debts, etc.

The City of Hogansville, created by this Act, is hereby made responsible as a corporate body for all legal debts, liabilities, and undertakings of said city as heretofore incorporated.

SECTION 1.06. Existing ordinances.

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

SECTION 1.07. Continuation in office of mayor, council members, and other officers.

The mayor and council members who are serving in these offices of the city at the time of the approval of this charter shall continue to serve in their respective offices for and during the full terms for which they were elected. All elected officers shall continue in office until their successors are elected and qualified.

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SECTION 1.08. Vacancy in office on moving from city.

The removal of the mayor or any council member from within the limits of the city shall automatically vacate the office he or she may hold and said vacancy shall be filled as provided for in this charter.

SECTION 1.09. Conflict of interests.

(a) No elected official of the city shall have any interest in any contract, either directly or indirectly, to which the city is a party; neither shall any member of the council be allowed to vote upon any question that he or she has any personal interest in whatever, but this section shall not be construed to prevent the council from voting a member reasonable compensation for expense incurred by such member in performing the duties required as a member of council. (b) No person holding any office in the city shall, during the time for which he or she was elected or appointed, be capable of contracting with the city or its fully constituted officers, for the performance of any work or services or the sale of any goods, which is to be paid for out of the treasury, nor shall any such person be capable of holding or having any interest in such contract, either by himself or herself or by another, directly or indirectly.

ARTICLE II CITY COUNCIL AND MAYOR
SECTION 2.01. Composition.

The governing body of the city shall be the mayor and five council members, in which is vested all corporate, legislative, and other powers of the city, except as otherwise provided in this charter.

SECTION 2.02. Qualifications of mayor and council member.

To be eligible for the office of mayor or council member, a person shall be at least 21 years of age, shall be registered and qualified to vote in municipal elections of the city, shall meet the requirements of the laws of the State of Georgia to hold civil office, and shall have been a bona fide resident of the city for at least one year next preceding the election in which he or she offers as a candidate and shall continue to reside therein during the term of office.

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SECTION 2.03. Holding other office; voting when personally interested.

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

SECTION 2.04. Organization meeting; official oaths; mayor pro tempore.

The mayor and council shall meet and hold an organizational meeting at the first regular meeting in January. The meeting shall be called to order by the city clerk and the oath of office shall be administered by the city attorney to the newly elected members as follows: "I do solemnly swear that I will well and truly perform the duties of the 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." Following the induction of members, the council by majority vote of all the members thereof shall elect one of their number to be mayor pro tempore, who shall serve for a term of one year and until his or her successor is elected and qualified.

SECTION 2.05. Meetings, regular and special.

(a) The council shall hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such meetings on any weekday or hour it may fix prior to recess of said regular meeting, and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the council may be held on call of the mayor or three members of the council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, or shall be left at their residence at least eight 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 meeting, and attendance at the meeting shall also constitute a waiver of notice of any special meeting. Only the business stated in the call may be transacted at the special meeting, except by unanimous consent of all members present. With such consent any business which may be transacted in a regular meeting may be conducted at the special meeting, excluding the final passage of an ordinance previously introduced.

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SECTION 2.06. Compelling attendance.

The council may adopt procedures and penalties for compelling the attendance of absent members.

SECTION 2.07. Rules of procedure; journal.

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

SECTION 2.08. Quorum; voting.

Three council members shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinances shall be taken by voice vote, electronic vote recording, or show of hands, and the ayes and nays shall be recorded in the journal, but any member of the council shall have the right to request a roll call vote. The affirmative vote of three council members shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. In the absence of the mayor, the presence of the mayor pro tempore shall count for the purposes of both quorum and number of votes required for action.

SECTION 2.09. Salaries; reimbursement of expenses.

The salaries of the mayor and each council member shall be as prescribed by ordinance, subject to any limitations on the taking effect of same as prescribed by law. The council may also provide by ordinance for the reimbursement of expenses incurred in the performance of their official duties as mayor and council members.

SECTION 2.10. Removal from office; procedure.

(a) The mayor or any council member shall be subject to removal from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude;

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(3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Willful violation of any express prohibition of this charter; (5) Abandonment of office or neglect to perform therein; or (6) Failure for any other cause to perform the duties of office as required by this charter or by law. (b) Removal of an elected officer from office may be accomplished by one of the following methods: (1) By action of a two-thirds' vote of the entire membership of the council. In the event an elected officer is sought to be removed by the action of the council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held no less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the council to the Superior Court of Troup County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By information filed in the Superior Court of Troup County as provided by law.

SECTION 2.11. Vacancy; forfeiture of office; filling of vacancies.

(a) The office of mayor or council member shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office in any manner authorized by this charter or the laws of this state. (b) The mayor or any council member shall forfeit his or her office if he or she:
(1) Lacks at any time during his or her term of office any qualifications of the office as prescribed by this charter or the laws of this state; or (2) Is convicted of a felony involving moral turpitude. (c) A vacancy in the office of mayor or council member 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 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; or (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.

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SECTION 2.12. Duties generally.

The members of the city council shall meet at each of the regular meetings and at all special or called meetings, unless providentially prevented from attending, and shall devote as much time as may be necessary to the legislative matters of the city and attend to legislative affairs of the city, and shall perform such other duties as are now required of them by law or ordinances or by this charter.

SECTION 2.13. Inquiries and investigations.

The council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Enforcement of issues regarding subpoenas or production of evidence shall be by the judge of the State Court of Troup County, Georgia, upon petition by the city or any other party in interest.

SECTION 2.14. Powers and duties of the mayor.

The mayor shall be the chief executive officer of the city government, presiding officer of the city council, and responsible for the enforcement of laws, rules, regulations, ordinances, and franchises in the city. The mayor shall have such powers and duties as may be provided by ordinance not inconsistent with this charter. The mayor shall vote on matters before the city council only in case of a tie, and shall have the right to veto any ordinance or resolution if, in the mayor's judgment, such is not in the best interest of the city. The mayor shall have the authority to appoint committees of the council, to investigate the various departments, and to supervise the policy formulation of the various departments, if he or she so elects.

SECTION 2.15. City legislation; general authority.

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, or the Constitution and the laws of this state, 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 the same by imposing penalties for violation thereof.

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SECTION 2.16. Same; enactment and enrollment of measures.

(a) Except as herein provided, every official action of the council which is to become law shall be introduced in writing and in the form required for final adoption and approved in form by the city attorney. No ordinance shall contain a subject which is not expressed in its title, except that an ordinance adopting a code of ordinances or a published code may do so by reference, and this requirement shall be deemed to have been met without enumerating the various matters contained in such codes. The enacting clause shall be "The Council of the City of Hogansville hereby ordains . . . ". (b) An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish; provided, however, that ordinances, except emergency ordinances, shall not be adopted until the next regular meeting of the council following the meeting of their initial introduction. No ordinance shall be considered for final adoption unless two weeks have elapsed since the introduction of the ordinance. Upon the introduction of any ordinance, the city clerk shall distribute a copy to the mayor, and to each council member, and shall file a reasonable number of copies in the office of the city clerk and at such other public places as the council may designate. (c) To meet a public emergency affecting life, health, property, or public peace, the council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three 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 60 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 for adoption of emergency ordinances. (d) Signing, authenticating, recording, codification, printing.
(1) The city clerk shall authenticate by signature and record in a properly indexed book kept for the purpose of all ordinances adopted by council. Every ordinance shall be signed by the mayor as a matter of course after adoption. (2) The council shall provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. The general codification shall be adopted by the council and shall be published promptly, together with this charter and any amendment thereto, and such codes of technical regulations and other rules and regulations

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as the city council may specify. This compilation shall be known as and cited officially as "The Code of the City of Hogansville, Georgia." Copies of the Code shall be furnished or access thereto provided to all officers, departments, and agencies of the city and made available for purchase by the public. (e) The mayor, within seven calendar days of receipt of an ordinance, shall return it to the city clerk with or without the mayor's approval, or with the mayor's disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the city clerk; if the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the seventh calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the council through the city clerk a written statement of the reasons for the mayor's veto. The city clerk shall record upon the ordinance the date and time of its delivery to and receipt from the mayor. Ordinances vetoed by the mayor shall be presented by the city clerk to the council at its next regular meeting and should the council then or at its next regular meeting adopt the ordinance by an affirmative vote of four members, or three members if any member of the council abstains, it shall become law.

SECTION 2.17. Boards, etc.

The city council shall have the power and authority to establish, appoint, and maintain such boards, commissions, and committees as in its judgment the needs of the city require. For all instances in which the mayor alone, or the mayor and council, have the authority to appoint a member to a board, agency, authority, or other instrumentality or committee, the mayor alone, or mayor and council, may remove any such member from said office at their pleasure, with or without cause.

ARTICLE III CORPORATE POWERS
SECTION 3.01. Powers and construction.

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

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SECTION 3.02. Examples of powers.

(a) To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (b) To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (c) To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, fire safety, electrical, gas, and heating and air conditioning codes; and to regulate all housing, and building trades; (d) To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (e) 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, Title 32 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; (f) To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (g) 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) To protect and preserve the natural resources, environment, and vital areas of the city, the region, and this state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of stormwater and establishment of a stormwater utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (i) 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;

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(j) To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (k) 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) 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) To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (n) To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city, to provide for commitment of such persons to any jail, to provide for the use of pretrial diversion and any alternative sentencing allowed by law, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (o) 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) 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) To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (r) To acquire, dispose of, lease, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (s) 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) To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, stormwater management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same; (u) To define a nuisance and provide for its abatement whether on public or private property; (v) 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) To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (x) To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a firefighting agency; (y) 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) To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated, Title 32 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; (aa) To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (bb) To organize and operate such public transportation systems as are deemed beneficial; (cc) To grant franchises or make contracts for, or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (dd) 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) To provide and maintain a retirement plan and other employee benefit plans and programs for officers and employees of the city; (ff) To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so; (gg) 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

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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) 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) To regulate or prohibit 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 junk dealers, peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; to license and tax professional fortunetelling, palmistry, and massage parlors; and to restrict adult bookstores to certain areas; (jj) To levy and provide for the collection of special assessments to cover the costs for any public improvements; (kk) To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (ll) To levy and collect such other taxes as may be allowed now or in the future by law; (mm) To organize and operate an urban redevelopment program; (nn) 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 3.03. Construction.

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

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SECTION 3.04. 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 provisions therefor, such powers, functions, rights, privileges, and immunities shall be carried into execution as provided by ordinance of the governing authority and as provided by pertinent laws of this state.

ARTICLE IV ELECTIONS SECTION 4.01. Election of mayor and city council.

(a) There shall be a municipal general election biennially in the odd years on the Tuesday next following the first Monday in November. (b) The mayor and those members of the city council who are serving as such on the effective date of this charter and any person selected to fill a vacancy in any such offices shall continue to serve as provided for in this section. (c) There shall be elected the mayor and the council members for Post 1 and Post 2 at the 2017 election, with the remaining city council seats to be filled at the following election so that a continuing body is created. Terms shall be for four years.

SECTION 4.02. Nonpartisan elections.

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

SECTION 4.03. Election by plurality.

The person receiving a plurality of the votes cast for any city office shall be elected.

SECTION 4.04. Conduct of elections generally.

City elections shall be conducted as provided for in Georgia law.

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ARTICLE V ADMINISTRATION
SECTION 5.01. Continuation of existing organization.

The administrative service of the city shall continue as presently organized, except as otherwise provided in this charter, and except as otherwise provided hereafter by ordinance.

SECTION 5.02. Establishing administrative and service departments.

(a) The council by ordinance may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city, as it shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies herein or hereafter 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 function or duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the council. Each department shall consist of such officer, 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 city manager and council.

SECTION 5.03. City clerk.

The city council shall appoint a city clerk who shall serve at the pleasure of the council and be under the direct supervision and control of the city manager who shall direct and supervise the day to day activities of the city clerk. The city clerk shall be responsible for keeping and preserving the city seal and all records of the council; attending meetings of the council and keeping a journal of the proceedings at such meetings, including the names of members present and absent, the vote of each member on each question, each motion considered, and the text of each resolution or ordinance considered; preparing and certifying copies of official records in his or her office, for which fees may be prescribed by ordinance; and performing such other duties as may be required by the council or the city manager.

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SECTION 5.04. City attorney.

The city council shall appoint a city attorney and assistant city attorneys if necessary, who shall serve at the pleasure of the council. The city attorney may be responsible for representing and defending the city in all litigation in which the city is a party; may at the discretion of the council be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the council, city manager, other officers and employees of the city, concerning legal aspects of the city's affairs; and shall perform such other duties as provided by the council.

SECTION 5.05. City manager; creation of office; appointment; removal.

(a) The office of city manager is hereby created. (b) The city manager shall be appointed by the city council for an indefinite term or, by a majority vote, may be given a written agreement. He or she shall be chosen solely on the basis of his or her executive and administrative qualifications with special reference to his or her actual experience in or knowledge of accepted practice in respect to the duties of his or her office as set forth in this charter. (c) The city council may remove the city manager at any time by a majority vote adopting a resolution to that effect. The city manager may, within ten days after notice of adoption of such resolution, reply in writing and may request a public hearing, which shall be held not earlier than 20 nor later than 30 days after the filing of such request. The action of the council in removing the city manager, however, shall be final. Upon the city manager's removal as provided for in this section, the city manager shall be paid forthwith any unpaid balance of his or her salary for the calendar month following the month in which he or she is removed and the salary for the next calendar month following.

SECTION 5.06. City manager; powers and duties.

The city manager shall be the chief administrative officer of the city. He or she may head one or more departments and shall be responsible to the city council for the proper administration of all affairs of the city. To that end, he or she shall have power and shall be required to:
(1) Appoint and, when necessary for the good of the service, suspend or remove all officers and employees of the city except as otherwise provided by the charter or law, and except as he or she may authorize the head of a department or office to appoint, suspend, or remove subordinates in such department or office. He or she may suspend the head of a department, but all appointments and removals of heads of departments are subject to

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ratification by the city council; if the city council does not object to said appointments or removals within three days after with notice to the city clerk and notice to each member of council it shall be presumed that the city council does not object to said appointment or removal at 12:00 Noon of the third day. He or she shall not have the right to appoint, suspend, or remove the city judge, city attorney, or city clerk. (2) Prepare the budget annually and submit it to the city council together with a message describing the important features and be responsible for its administration after adoption. (3) Prepare and submit to the council as of the end of the fiscal year a complete report on the finances and administrative activities of the city for the preceding year. (4) Keep the council advised of the financial condition and future needs of the city, and make such recommendations as he or she may deem desirable. (5) Recommend to the council a standard schedule of pay for each appointive office and position in the city service, including minimum, intermediate, and maximum rates. (6) Recommend to the council, from time to time, adoption of such measures as he or she may deem necessary or expedient for the health, safety, or welfare of the community or for the improvement of administrative services. (7) Consolidate or combine offices, positions, departments, or units under his or her jurisdiction, with the approval of the council. (8) Attend all meetings of the council unless excused therefrom and take part in the discussion of all matters coming before it. He or she shall be entitled to notice of all regular and special meetings of the council. (9) He or she shall be purchasing agent of the city, by whom all purchases of supplies shall be made subject to the rules and regulations to be prescribed by the council, and he or she shall approve all vouchers for the payment of same. In the capacity of purchasing agent he or she shall also conduct all sales of personal property which the council may authorize to be sold as having become unnecessary or unfit for the city's use. All purchases and sales shall conform to such regulations as the council may from time to time prescribe. Competitive bidding shall be required on all major purchases as defined by ordinance. He or she may issue checks on the city treasury as authorized in this charter or by ordinance. (10) In case of accident, disaster, or other circumstance creating a public emergency, the city manager may award contracts and make purchases for the purpose of meeting said emergency; but he or she shall file promptly with the council a certificate showing such emergency and the necessity for such action, together with an itemized account of all expenditures. (11) All formal contracts to which the city is a party shall be executed in behalf of the city by the city manager and attested by the city clerk, after an approving resolution of the council and approval in form by the city attorney. (12) See that all laws and ordinances are duly enforced. (13) Investigate the affairs of the city or any department or division thereof; investigate all complaints in relation to matters concerning the administration of the government of the

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city, and in regard to service maintained by the public utilities in the city, and see that all franchises, permits, and privileges granted by the city are faithfully observed. (14) Devote his or her entire time to the discharge of his or her official duties. (15) Perform such other duties as may be required by the council, not inconsistent with this charter, law, or ordinances.

SECTION 5.07. City manager; compensation.

The city manager shall receive such compensation as the city council shall fix from time to time.

SECTION 5.08. City manager; vacancy.

Any vacancy in the office of city manager shall be filled with all deliberate speed. During such vacancy, the council may designate an individual to discharge the duties and functions of the city manager.

SECTION 5.09. City manager; designating acting city manager.

By letter filed with the city clerk, the city manager shall designate, subject to approval of the council, a qualified city administrative officer to execute the powers and perform the duties of the city manager during his or her temporary absence or disability.

SECTION 5.10. Mayor and council members not to interfere with appointments or removals.

Except for the purpose of inquiry, the city council members shall deal with the administrative service solely through the city manager and neither the mayor nor any council member shall give orders to any subordinates of the city manager, either publicly or privately, except in emergency situations or in the absence of the city manager or acting city manager.

SECTION 5.11. Personnel policies.

The council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment;

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(2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; and (4) Such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the city.

ARTICLE VI MUNICIPAL COURT
SECTION 6.01. Creation; name.

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

SECTION 6.02. Chief judge; associate judge.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by resolution of the mayor and council or as contained within the city budget. (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 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.

SECTION 6.03. Convening.

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

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SECTION 6.04. 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 $500.00 or imprisonment for 60 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 bail and recognizances to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (e) 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. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (g) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of this state to issue warrants for offenses against state laws committed within the city.

SECTION 6.05. 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 Troup County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

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SECTION 6.06. Rules for court.

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

ARTICLE VII FINANCE AND TAXATION
SECTION 7.01. Fiscal year.

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

SECTION 7.02. Official bonds.

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

SECTION 7.03. Submission of operating budget to city council.

On or before a date fixed by the city council, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

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SECTION 7.04. Action by council on a 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 shall adopt the final operating budget for the ensuing fiscal year not later than the 30th day of June of each year, or as otherwise required by Georgia law. 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 or resolution setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity. (c) The amount set out in the adopted operating budget, as may be amended from time to time, 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 7.05. City depositories.

The city council, in its discretion, may, from time to time, name and appoint as city depositories of city funds any bank or trust company which has its deposits insured by the Federal Deposit Insurance Corporation. At such time as an act becomes effective providing that banks and savings and loan associations shall be taxed in the same manner as other corporations are taxed, the city council may also name and appoint as city depositories of city funds any building and loan association or federal savings and loan association which has its deposits insured by the Federal Savings and Loan Insurance Corporation.

SECTION 7.06. Contracting procedures.

All formal contracts shall be made or authorized by the council, and no contracts shall bind the city unless reduced to writing and approved by the council. All contracts, and all ordinances or resolutions making contracts or authorizing the same, shall be drawn by the city attorney or shall be submitted to him or her before authorization by council.

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SECTION 7.07. Ad valorem taxes; authority to levy.

The council shall be authorized to levy an ad valorem tax not to exceed 15 mills on all real and personal property within the corporate limits of the city for the purpose of raising revenue to pay the cost of ordinary current expenses and for any other purpose now or hereafter authorized by the Constitution and laws of this state, but not including principal and interest on general obligation bonds.

SECTION 7.08. Same; assessment.

All property subject to taxation for state or county purposes, assessed as of January first in each year, shall be subject to the property tax levied by the city. The council may 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 7.09. Tax due dates and bills.

The council shall provide when the taxes of the city shall be paid, and when, how, and upon what terms such taxes shall be due and payable, as well as authorizing the voluntary payment of taxes prior to the time when due. The council may contract with the Troup County Tax Commissioner to undertake such reasonable duties as are required in the collection of taxes.

SECTION 7.10. 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 7.8 through 7.10 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 7.11. Payment of taxes.

The council shall have the power and authority to provide by ordinance when the taxes of the city shall fall due, and in what length of time said taxes may be paid, when tax executions

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shall be issued against all persons who have not paid their taxes by the time fixed by ordinance, and to fix a penalty for the nonpayment of taxes when due, and to charge lawful interest from due date until said taxes are paid. The council shall have authority to provide by ordinance for the payment of taxes due to the city and to provide when and how and upon what terms such taxes shall be due and payable; and to authorize the payment of taxes prior to the time when due and allow discounts upon anticipated payments, and in general to fix the terms and methods of payment, and collection of city taxes, in such manner as the council may determine.

SECTION 7.12. Cost of issuing summonses; executions; processes; subpoenas.

The cost of issuing, serving, or executing all summonses, executions, processes, writs, or subpoenas shall be the same as now allowed sheriffs for like service and where they are issued shall be paid into the city treasury.

SECTION 7.13. General obligation bonds.

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

SECTION 7.14. Revenue bonds.

Revenue bonds may be issued by the council as provided by an Act of the General Assembly of Georgia, approved March 31, 1937, known as the Revenue Bond Law (now O.C.G.A. Section 36-82-60 et seq.), as now or hereinafter amended, or by any other law of this state as now or hereafter provided.

SECTION 7.15. Failure of bonds to carry; new election.

If the election provided for shall be against the issue of bonds, the council may at any time after expiration of six months from the date of the first election order another election on the issuance of said bonds.

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SECTION 7.16. 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 7.17. 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 O.C.G.A. Section 36-60-13, or other such applicable laws as are or may hereafter be enacted.

ARTICLE VIII PUBLIC IMPROVEMENTS; UTILITIES; SERVICES
SECTION 8.01. Paving; railroad crossings; performing and assessing cost.

The council shall have power and authority to pave or provide for the paving of railroad crossings within the city and other portions of any street therein, and to assess the cost therefor, or any part thereof, against the owner of the roadbed and the adjoining property, and issue executions to enforce the payment of the same.

SECTION 8.02. Extension of utilities beyond city.

For the purpose of the preservation of the health and comfort of the people, and of the inhabitants of the city, the council is empowered to extend the city system of sewerage, lights, water, and gas, beyond the limits of the city, and prescribe provisions as to the construction of and maintenance of such systems, and shall have the right to obtain by purchase, gift, or condemnation such rights-of-way and easements as may be necessary for that purpose as is provided in this charter. All rights, powers, and authority previously granted to the city with reference to the system of water works, sewerage, electric lights, power, and gas shall be and remain in force unless in conflict with the terms of this charter.

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ARTICLE IX LEGAL PROVISIONS
SECTION 9.01. Specific repealer.

An Act creating a new charter for the City of Hogansville, in Troup County, Georgia, heretofore made a body politic and corporate, approved February 13, 1976 (Ga. L. 1976, p. 2588), as amended, is hereby repealed.

SECTION 9.02. Effective date.

This Act shall become effective on July 1, 2016.

SECTION 9.03. 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 2016 session of the General Assembly of Georgia a bill to provide a new charter for the City of Hogansville; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Robert Trammell, Jr., Representative from District 132, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the LaGrange Daily News, which is the official organ of Troup County, on the 7th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ ROBERT TRAMMELL, JR. Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 16th of February in the year 2016, Before me:

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

Approved May 3, 2016.

__________

SPALDING COUNTY STATE COURT; ELECTION OF SOLICITOR; QUALIFICATIONS; COMPENSATION; ASSISTANT SOLICITORS.

No. 552 (House Bill No. 1021).

AN ACT

To amend an Act establishing the State Court of Spalding County, formerly known as the City Court of Griffin, approved December 14, 1897 (Ga. L. 1897, p. 462), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4527), so as to provide for the election of the county solicitor; to specify the requirements for holding the office of the county solicitor; to establish the office of the county solicitor as a full-time position; to designate the salary of the office of the county solicitor; to authorize the appointment of assistant county solicitors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2016 SESSION

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act establishing the State Court of Spalding County, formerly known as the City Court of Griffin, approved December 14, 1897 (Ga. L. 1897, p. 462), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4527), is amended by revising Section 5 to read as follows:

"SECTION 5. (a) There shall be a solicitor of the State Court of Spalding County. The solicitor of the State Court of Spalding County serving on January 1, 2017, shall continue to serve for the remainder of his or her term and until his or her successor has been duly elected and qualified. Such successor, and all future successors, to the office of the solicitor of the State Court of Spalding County whose terms of office are to expire shall be nominated to run in a general primary and elected at the general election immediately preceding such expiration of term, shall take office on the first day of January immediately following such election, and shall serve for a term of office as provided for in Code Section 15-18-60 of the O.C.G.A. and until the election and qualification of a successor. (b) The solicitor of the State Court of Spalding County shall be subject to the eligibility requirements of Code Section 15-18-62 of the O.C.G.A. (c) The solicitor shall devote full time to the duties of his or her office and shall be paid a salary equal to 90 percent of the yearly salary paid to the judge of the State Court of Spalding County. As used in this subsection, the term 'yearly salary' means the base salary plus any supplements paid to the State Court Judge of Spalding County. (d) The solicitor of the State Court of Spalding County shall have the authority to appoint up to two assistant solicitors with the prior approval of the Board of Commissioners of Spalding County. Any assistant solicitor shall be paid a salary as approved by the Board of Commissioners of Spalding County from county funds."

SECTION 2. This Act shall become effective on January 1, 2017.

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 2016 session of the General Assemble of Georgia a bill to amend an Act establishing the State Court of Spalding County, formerly known as the City Court of Griffin, approved December 14, 1897 (Ga. L. 1897,

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P. 462, as amended particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4527); to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, John Yates, Representative from District 73, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Griffin Daily News, which is the official organ of Spalding County, on the 5th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ REP. JOHN P. YATES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 16th of February, 2016, Before me:

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

Approved May 3, 2016.

GEORGIA LAWS 2016 SESSION

4037

WARE COUNTY BOARD OF EDUCATION; COMPENSATION.

No. 553 (House Bill No. 1023).

AN ACT

To amend an Act reconstituting the Board of Education of Ware County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 445), as amended, so as to change the compensation of the members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act reconstituting the Board of Education of Ware County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 445), as amended, is amended by revising subsection (b) of Section 5 as follows:
"(b) The members of the board shall receive as compensation an amount of $600.00 per month and shall be reimbursed for actual expenses necessarily incurred for attending meetings in the performance of their official duties when such meetings occur outside the Ware County School District."

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 2016 session of the General Assembly of Georgia a bill to amend an Act reconstituting the Board of Education of Ware County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p.445), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, John Corbett, Representative from District 174, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Waycross Journal Herald, which is the official organ of Ware County, on the 11th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ JOHN CORBETT 174 Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 16th of February in the year 2016, Before me:

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

Approved May 3, 2016.

__________

GEORGIA LAWS 2016 SESSION

4039

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

No. 554 (House Bill No. 1024).

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), an Act approved February 18, 1992 (Ga. L. 1992, p. 4536), and an Act approved May 6, 2015 (Ga. L. 2015, p. 3743), so as to provide for the election and terms of office of the mayor and councilmembers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act 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), an Act approved February 18, 1992 (Ga. L. 1992, p. 4536), and an Act approved May 6, 2015 (Ga. L. 2015, p. 3743), is amended by revising Section 2.11 as follows:

"SECTION 2.11. Terms; Qualifications of Office.

Except as otherwise provided in Article V of this charter, councilmembers shall be elected at large to serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as a councilmember unless such person shall have been a resident of the city for a period of 12 months immediately prior to the date of such person's election, shall continue to reside therein while holding office, and shall be registered and qualified to vote in the municipal elections of the City of Lake Park."

SECTION 2. Said Act is further amended by revising Section 2.20 as follows:

"SECTION 2.20. Election of Mayor; Term of Office.

Except as otherwise provided in Article V of this charter, the mayor shall be elected at large and his or her term of office shall be for four years. No person shall be eligible to

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

serve as the mayor unless such person shall have been a resident of the city for a period of 12 months immediately prior to the date of such person's election, shall continue to reside therein while holding office, and shall be registered and qualified to vote in the municipal elections of the City of Lake Park."

SECTION 3. Said Act is further amended by revising Section 5.10 as follows:

"SECTION 5.10. Regular Elections; Terms.

(a) The councilmembers and the mayor in office on January 1, 2017, shall continue to serve until their successors are elected and qualified as provided in subsection (b) of this section. (b) There shall be elections held for members of the city council according to the following schedule:
(1) There shall be an election on the Tuesday next following the first Monday in November, 2017, to elect two councilmembers to succeed two councilmembers who have terms of office expiring December 31, 2017. Such councilmembers shall serve terms of office beginning on January 1, 2018, and expiring on December 31, 2021. 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 four years and until their successors are elected and qualified. (2) There shall be an election on the Tuesday next following the first Monday in November, 2018, to elect two councilmembers to succeed two councilmembers who have terms of office expiring December 31, 2018. Such councilmembers shall serve terms of office beginning on January 1, 2019, and expiring on December 31, 2023. 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 four years and until their successors are elected and qualified. (3) There shall be an election on the Tuesday next following the first Monday in November, 2018, to elect the mayor who shall serve a term of office beginning on January 1, 2019, and expiring on December 31, 2023. His or her successor 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 four years and until their successors are elected and qualified."

GEORGIA LAWS 2016 SESSION
SECTION 4. Said Act is further amended by repealing and reserving Section 5.11.
SECTION 5. This Act shall become effective on January 1, 2017.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

4041

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2016 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: to provide for related matters; to repeal conflicting laws; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, John Corbett, Representative from District 174, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Valdosta Daily Times, which is the official organ of Lowndes County, on the 7th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ JOHN CORBETT 174 Affiant

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 16th of February, 2016, Before me:

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

Approved May 3, 2016.

__________

COBB COUNTY JUDGE OF PROBATE COURT; CLERK OF PROBATE COURT; COMPENSATION.

No. 556 (House Bill No. 1033).

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) and an Act approved May 12, 2015 (Ga. L. 2015, p. 4050), so as to change the compensation of the judge of the probate court; to change the compensation of the clerk of the probate 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 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) and an Act approved May 12, 2015 (Ga. L. 2015, p. 4050), is amended by revising Section 2A as follows:

"SECTION 2A. The judge of the Probate Court of Cobb County shall receive an annual salary of $137,046.67, to be paid in equal monthly installments from the funds of Cobb County."

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4043

SECTION 2. Said Act is further amended by revising Section 3 as follows:

"SECTION 3. The judge of the probate court of said county shall be authorized and empowered to employ the clerical help necessary to perform properly the functions and duties of his or her office. The clerk of the probate court shall be compensated in the amount of $91,138.62 per annum, payable in equal monthly installments from the funds of Cobb County. The judge of the probate court shall be authorized to employ two deputy clerks who shall each receive an annual salary to be determined by the governing authority of Cobb County. The hiring of additional employees and their salaries shall first be approved by the governing authority of Cobb County."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2016 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, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3732) and an Act approved May 12, 2015 (Ga. L. 20 15,p. 4050);and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Stacey Evans, Representative from District 42, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Marietta Daily Journal, which is the official organ of Cobb County, on the 29th of January in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ STACEY EVANS Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of February in the year 2016, Before me:

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

Approved May 3, 2016.

__________

CITY OF EATONTON HOTEL/MOTEL TAX.

No. 558 (House Bill No. 1038).

AN ACT

To authorize the governing authority of the City of Eatonton 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 Eatonton 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

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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 Eatonton on December 1, 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 Eatonton:
(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 Eatonton; provided, however, that the City of Eatonton may exercise its option under paragraph (2) of subsection (e) of Code Section 48-13-51 of the O.C.G.A. to contract with an entity qualified under such provision; and (2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Eatonton to levy an excise tax pursuant to Code Section 48-13-51 of the O.C.G.A.; and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Trey Rhodes, Representative from District 120, state on oath as follows:

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Eatonton Messenger, which is the official organ of Putnam County, on the 28th of January in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ TREY RHODES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 17th of February, 2016, Before me:

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

Approved May 3, 2016.

__________

GEORGIA LAWS 2016 SESSION

4047

POLK COUNTY BOARD OF COMMISSIONERS; FILLING OF VACANCIES.

No. 559 (House Bill No. 1042).

AN ACT

To amend an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Polk, approved August 19, 1919 (Ga. L. 1919, p. 719), so as to change provisions relating to the filling of vacancies in the offices of members of the governing authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Polk, approved August 19, 1919 (Ga. L. 1919, p. 719), is amended by revising Section 5 as follows:

"SECTION 5. (a) Unless otherwise provided for by O.C.G.A. Section 36-5-21, should a vacancy from death, resignation, removal from the county district, or otherwise occur on the Board of Commissioners, the same shall be filled by the remaining members of the Board of Commissioners with a minimum of at least four affirmative votes in favor of any prospective candidate. The chairman of the Board of Commissioners shall be entitled to vote with regard to the appointment of such vacancies. In the event any single prospective candidate does not receive the minimum of four affirmative votes of the Board of Commissioners within a period of 60 days from the date of vacancy, the appointment shall be made by the grand jury of the Superior Court of Polk County pursuant to the procedure set forth in subsection (b) of this section. (b) The chairman of the Polk County Board of Elections and Registration shall publish a notice of the vacancy once a week for four consecutive weeks in the legal organ of Polk County, and such notice shall advise potential candidates of the materials and qualifications required for any member of the public to offer for the filling of the vacant seat. All such information as required by the chairman of the Polk County Board of Elections and Registration shall be sealed and transmitted by the chairman of the Polk County Board of Elections and Registration to the office of the clerk of the Superior Court of Polk County for consideration by the grand jury during its next convening session. (c) Any person appointed to fill a vacant position as provided for by this section shall serve until the first day of January after the general election held next after the expiration of at least 30 days from the time such vacancy occurs, at which election a successor for the

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

unexpired term shall be elected and said successor, either by appointment or election, shall be from the road district from which the vacancy occurs."

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 2016 session of the General Assembly of Georgia a bill to amend an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Polk, approved August 19, 1919 (Ga. L. 1919, p. 719); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Trey Kelley, Representative from District 16, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Polk County Standard Journal, which is the official organ of Polk County, on the 10th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ TREY KELLEY Affiant

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4049

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 17th of February, 2016, Before me:

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

Approved May 3, 2016.

__________

LOWNDES COUNTY BOARD OF TAX ASSESSORS; REPEAL LOCAL CONSTITUTIONAL AMENDMENT; REFERENDUM.

No. 560 (House Bill No. 1044).

AN ACT

To repeal the amendment to the Constitution of Georgia providing for the election of the Board of Tax Assessors of Lowndes County and thereby end the elective terms of members of the Board of Tax Assessors of Lowndes County on December 31, 2020; to provide for a referendum with respect to the effectiveness of the foregoing; 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. The amendment to the Constitution of Georgia providing for the election of the Board of Tax Assessors of Lowndes County, which amendment was proposed by 1972 House Resolution No. 733-1686, Resolution Act No. 218 (Ga. L. 1972, p. 1452), and was continued in force and effect by an Act approved March 20, 1985 (Ga. L. 1985, p. 3888), is hereby repealed, effective as provided for in Section 2 of this Act.

SECTION 2. The election superintendent of Lowndes County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Lowndes County for approval or rejection. The election superintendent shall conduct such election on

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 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 Lowndes County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which repeals the amendment to the Constitution of Georgia providing for the election of the members of the Board of Tax
( ) NO Assessors of Lowndes County and thereby ends the elective terms of members of such board on December 31, 2020?"
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 3 of this Act shall become of full force and effect on December 31, 2020. If this Act is not so approved or if the election is not conducted as provided in this section, Sections 1 and 3 of this Act shall not become effective, and this Act shall be automatically repealed immediately. The expense of such election shall be borne by Lowndes County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 3. That Act, continuing in force and effect an amendment to the Constitution of Georgia providing for the election of the Board of Tax Assessors of Lowndes County, approved March 20, 1985 (Ga. L. 1985, p. 3888), is hereby repealed, effective as provided for in Section 2 of this Act.

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 2016 session of the General Assembly of Georgia a bill to repeal the amendment to the Constitution of Georgia providing for the election of the Board of Tax Assessors of Lowndes County and thereby end the elective terms of members of the Board of Tax Assessors of Lowndes County on December 31, 2020; and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, John Corbett, Representative from District 174, state on oath as follows:

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4051

(1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Valdosta Daily Times, which is the official organ of Lowndes County, on the 11th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ JOHN CORBETT 174 Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 17th of February, 2016, Before me:

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

Approved May 3, 2016.

__________

4052

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

COWETA COUNTY STATE COURT; TERMS OF COURT.

No. 561 (House Bill No. 1047).

AN ACT

To amend an Act continuing the State Court of Coweta County, approved May 17, 2004 (Ga. L. 2004, p. 4260), so as to revise the terms of court of the State Court of Coweta County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act continuing the State Court of Coweta County, approved May 17, 2004 (Ga. L. 2004, p. 4260), is amended by revising Section 4 to read as follows:

"SECTION 4. The State Court of Coweta County shall have biannual terms beginning on the second day of January and the first day of July in the county site of Coweta County. 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 next day thereafter which is not a legal holiday. Said 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 2. This Act shall become effective on January 1, 2017.

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 2016 session of the General Assembly of Georgia a bill to amend an Act continuing the State Court of Coweta County, approved May 17, 2004 (Ga. L. 2004, p. 4260); and for other purposes.

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AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Lynn Smith, Representative from District 70, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Newnan Times-Herald, which is the official organ of Coweta County, on the 11th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ REP. LYNN R. SMITH Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 17th of February, 2016, Before me:

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

Approved May 3, 2016.

__________

4054

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

HOUSTON COUNTY HOUSTON COUNTY COMMISSION ON CHILDREN AND YOUTH; REPEAL.

No. 562 (House Bill No. 1048).

AN ACT

To repeal an Act creating the Houston County Commission on Children and Youth, approved April 14, 1997 (Ga. L.1997, p. 4177); to provide for the assets and liabilities thereof; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Houston County Commission on Children and Youth, approved April 14, 1997 (Ga. L.1997, p. 4177) is hereby repealed in its entirety.

SECTION 2. There are no known assets of the Houston County Commission on Children and Youth, but to the extent any assets of the Houston County Commission on Children and Youth exist, they shall devolve automatically and without further action to Houston County, Georgia. The Board of Commissioners of Houston County, Georgia, is authorized to execute any deeds or instruments of conveyance required to place title of such assets into the name of Houston County, and is authorized to do so in the name of the Houston County Commission on Children and Youth. There are no known obligations of the Houston County Commission on Children and Youth, but to the extent such obligations exist, they shall be transferred to and assumed by Houston County, Georgia, by such instruments as may be required to maintain the same. The Board of Commissioners of Houston County, Georgia, is authorized to execute any such instruments required to transfer such obligations into the name of Houston County, and is authorized to do so in the name of the Houston County Commission on Children and Youth.

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 2016 session of the General Assembly of Georgia a bill to repeal an Act creating the Houston County Commission on Children and Youth, approved April 14, 1997 (Ga. L. 1997, p. 4177); and for other purposes.

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AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Shaw Blackmon, Representative from District 146, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Houston Home Journal, which is the official organ of Houston County, on the 10th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ SHAW BLACKMON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 17th of February, 2016, Before me:

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

Approved May 3, 2016.

__________

4056

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

BOARD OF PUBLIC EDUCATION OF THE CITY OF SAVANNAH AND CHATHAM COUNTY CENSURE OF MEMBERS.

No. 563 (House Bill No. 1049).

AN ACT

To amend an Act to provide for the Board of Public Education for the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, so as to authorize members of the Board of Public Education for the City of Savannah and Chatham County to censure its 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 to provide for the Board of Public Education for the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, is amended by adding a new section to read as follows:

"SECTION 5A. The board may, by unanimous vote of all members other than the member who is the subject of the vote pursuant to this subsection, adopt a resolution to censure any of its members for any action for which the board expresses disapproval. Such resolution shall serve only as notice, and no penalty shall be attached thereto; provided, however, that any such resolution so adopted may be entered into the minutes."

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 2016 session of the General Assembly of Georgia a bill to amend an Act to provide for the Board of Public Education for the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636); and for other purposes.

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AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Ron Stephens, Representative from District 164, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Savannah Morning News, which is the official organ of Chatham County, on the 12th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ RON STEPHENS Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 18th of February, 2016, Before me:

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

Approved May 3, 2016.

__________

4058

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CITY OF SAVANNAH MAYOR AND ALDERMEN; CENSURE OF MEMBERS.

No. 564 (House Bill No. 1050).

AN ACT

To amend several Acts relating to and incorporating the mayor and aldermen of the City of Savannah, so as to authorize members of the governing body of the City of Savannah to censure its 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. The mayor and aldermen of the City of Savannah may, by unanimous vote of all members other than the member who is the subject of the vote pursuant to this section, adopt a resolution to censure any of its members for any action for which said governing body expresses disapproval. Such resolution shall serve only as notice, and no penalty shall be attached thereto; provided, however, that any such resolution so adopted may be entered into the minutes.

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 2016 session of the General Assembly of Georgia a bill to amend several Acts relating to and incorporating the mayor and aldermen of the City of Savannah, so as to authorize members of the governing body of the City of Savannah to censure its members; to provide for related matters; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Ron Stephens, Representative from District 164, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached.

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(2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Savannah Morning News, which is the official organ of Chatham County, on the 12th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ RON STEPHENS Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 18th of February, 2016, Before me:

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

Approved May 3, 2016.

__________

4060

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CHATHAM COUNTY BOARD OF COMMISSIONERS; CENSURE OF MEMBERS.

No. 565 (House Bill No. 1051).

AN ACT

To amend an Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, so as to provide for an additional power of the board to censure 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 completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, is amended by adding a new subsection to Section 11 to read as follows:
"(e) The board of commissioners may, by unanimous vote of all members other than the member who is the subject of a vote pursuant to this subsection, adopt a resolution to censure any of its members for any action for which the board expresses disapproval. Such resolution shall serve only as notice and no penalty shall be attached thereto; provided, however, that any such resolution so adopted shall be entered into the minutes by the clerk of the board."

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 2016 session of the General Assembly of Georgia a bill to amend an Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Ron Stephens, Representative from District 164, state on oath as follows:

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(1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Savannah Morning News, which is the official organ of Chatham County, on the 12th of February in the year 2106; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ RON STEPHENS Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 18th of February, 2016, Before me:

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

Approved May 3, 2016.

__________

4062

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GRADY COUNTY BOARD OF EDUCATION; NONPARTISAN ELECTION.

No. 566 (House Bill No. 1053).

AN ACT

To amend an Act creating a new board of education of Grady County, approved March 5, 1968 (Ga. L. 1968, p. 2120), as amended, so as to provide that members of the board of education shall be elected on a nonpartisan basis; to provide for continuation in office of current 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 creating a new board of education of Grady County, approved March 5, 1968 (Ga. L. 1968, p. 2120), as amended, is amended by revising subsection (c) of Section 2B as follows:
"(c) All members of the board who are elected thereto shall be nominated and elected on a nonpartisan basis in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'"

SECTION 2. Those members of the Board of Education of Grady 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. 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 2016 session of the General Assembly of Georgia a bill to provide that members of the board of education of Grady County shall be elected on a nonpartisan basis; and for other purposes.

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AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Darlene Taylor, Representative from District 173, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Cairo Messenger, which is the official organ of Grady County, on the 10th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ DARLENE K. TAYLOR Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 19th of February, 2016, Before me:

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

Approved May 3, 2016.

__________

4064

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

PICKENS COUNTY PICKENS COUNTY AIRPORT AUTHORITY; MEMBERS; APPOINTMENT AND QUALIFICATIONS; ELECTION OF CHAIRPERSON; VACANCIES.

No. 567 (House Bill No. 1056).

AN ACT

To amend an Act creating the Pickens County Airport Authority, approved April 19, 2006 (Ga. L. 2006, p. 3645), so as to reduce the number of members; to revise the appointment and qualifications of members; to revise the election of chairperson; to revise terms by which a vacancy on the authority shall exist; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Pickens County Airport Authority, approved April 19, 2006 (Ga. L. 2006, p. 3645), is amended by revising Section 3 as follows:

"SECTION 3. Pickens County Airport Authority.

(a) There is created a body corporate and politic to be known as the Pickens County Airport Authority which shall be deemed to be a political subdivision of the State of Georgia and a public corporation, and by that name, style, and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, and bring and defend actions in all courts. (b) The authority shall consist of five members who shall be residents of Pickens County. Four of the members shall be appointed by the governing authority of Pickens County for terms of office of four years each; three of the four such members appointed shall at the time of their appointment be pilots fully licensed by the Federal Aviation Administration. One of the members shall be appointed by the Pickens County Development Authority for a term of office of four years. After the first term expires, members of the authority shall serve the terms specified until their respective successors are appointed and qualified. Each of the members shall be appointed for four years. 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

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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. The authority shall have perpetual existence. (c) In May of each year, the members of the authority shall elect one of their number as chairperson. Also, the members of the authority shall elect one of their number as vice chairperson, shall elect one of their number as secretary, and may elect one of their number 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. (d) 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. (e) 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. (f) 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 Pickens County or any area affected by the actions of the authority. The authority may go into executive session to discuss matters of personnel, real estate acquisition or disposal, and litigation. No votes may be taken during an executive session."

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 2016 session of the General Assembly of Georgia a bill to amend an Act creating the Pickens County Airport Authority, approved April 19, 2006 (Ga. L. 2006, p. 3645); and fo toher purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Rick Jasperse, Representative from District 11, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Pickens County Progress, which is the official organ of Pickens County, on the 28th of January in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ RICK JASPERSE Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 11th of February in the year 2016, Before me:

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

Approved May 3, 2016.

__________

SCREVEN COUNTY HOTEL/MOTEL TAX.

No. 574 (House Bill No. 1120).

AN ACT

To authorize the governing authority of the Board of Commissioners of Screven County to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to

GEORGIA LAWS 2016 SESSION

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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 Board of Commissioners of Screven County is authorized to levy an excise tax at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations 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 Board of Commissioners of Screven County on November 18, 2008, 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 Board of Commissioners of Screven County:
(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 Board of Commissioners of Screven County; provided, however, that the Board of Commissioners of Screven County may exercise its option under paragraph (2) of subsection (e) of Code Section 48-13-51 of the O.C.G.A. to contract with an entity qualified under such provision; and (2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

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

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to authorize the governing authority of Screven County 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.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Jon Burns, Representative from District 159, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Sylvania Telephone, which is the official organ of Screven County, on the 18th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ JON BURNS Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 7th of March, 2016, Before me:

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

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Approved May 3, 2016.

__________

CITY OF HAMILTON MAYOR AND COUNCIL; QUALIFICATIONS; FORFEITURE OF OFFICE; ELIMINATE CITY MANAGER.

No. 575 (House Bill No. 1121).

AN ACT

To amend an Act to provide for a new charter for the City of Hamilton, approved April 10, 2014 (Ga. L. 2014, p. 4118), so as to change provisions related to residing or being a resident of the city to being domiciled in such city; to provide that the failure of the mayor to regularly attend city council meetings shall be considered forfeiture of office; to eliminate the position of the city manager; to transfer certain duties from the city manager to the mayor; to fix a cross-reference; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide for a new charter for the City of Hamilton, approved April 10, 2014 (Ga. L. 2014, p. 4118), is amended by revising Section 2.11 as follows:

"SECTION 2.11. City council terms and qualifications for office.

The mayor and members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been domiciled in the city for 12 months prior to the date of election of mayor or members of the council; each shall continue to be domiciled therein during that member's period of service and to be registered and qualified to vote in municipal elections of this city."

SECTION 2. Said Act is further amended in Section 2.12 by revising subsection (a) as follows:
"(a) Vacancies - The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, which shall include, but not be limited to, the failure to attend council meetings on a regular basis, or occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted."

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SECTION 3. Said Act is further amended by deleting Sections 2.27, 2.28, 2.29, 2.30, 2.31, 2.32, 2.33, 2.34, 2.35, and 2.37 and replacing with the following:

"SECTION 2.27. Selection of mayor and mayor pro tem.

At each regular election the voters of the city shall elect a mayor at large for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been domiciled in the city for 12 months prior to the election. The mayor shall continue to be domiciled in this city during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers. The council shall elect from among its members a mayor pro tem who shall act as mayor during the absence or disability of the mayor, but shall only vote once on matters before the council, and, if a vacancy occurs, shall become mayor for the remainder of the expired term.

SECTION 2.28. 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 power to administer oaths and to take affidavits; and (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances and other instruments executed by the city which by law are required to be in writing.

SECTION 2.29. Position of mayor pro tem.

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

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disqualifying financial interest as provided in Section 2.14 of this charter. When acting as mayor, the mayor pro tem shall continue to have only one vote as a member of the council.

SECTION 2.30. Chief executive officer.

The mayor shall be the chief executive officer of this city. The mayor shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter excepting only the designated powers and responsibilities assigned heretofore.

SECTION 2.31. Powers and duty of mayor.

As the chief executive officer of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (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) Approve or disapprove ordinances as provided for in Section 2.32 of this charter; (5) Provide for an annual audit of all accounts of the city; (6) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; and (7) Perform such other duties as may be required by law, this charter, or by ordinance.

SECTION 2.32. Submission of ordinances to the mayor; veto power.

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

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

SECTION 4. Said Act is further amended by revising Section 3.14 as follows:

"SECTION 3.14. Position classification and pay plans.

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

SECTION 5. Said Act is further amended by revising Section 6.25 as follows:

"SECTION 6.25. Submission of operating budget to city council.

On or before a date fixed by the city council but not later than 45 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection."

SECTION 6. Said Act is further amended in Section 6.26 by revising subsection (a) as follows:

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"(a) The city council may amend the operating budget proposed by the mayor; except, that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues."

SECTION 7. Said Act is further amended by revising Section 6.29 as follows:

"SECTION 6.29. Capital budget.

(a) On or before the date fixed by the city council but no later than 45 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the eighth day of December of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the 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 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 2016 session of the General Assembly of Georgia a bill to amend an Act to provide for a new charter for the City of Hamilton, approved April 10, 2014 (Ga. L. 2014, p. 4118); and for other purposes.

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AFFIDAVIT

GEORGIA, FULTON COUNTY

I, John Pezold, Representative from District 133, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Harris County Journal, which is the official organ of Harris County, on the 3rd of March in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ JOHN PEZOLD Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 7th of March in the year 2016, Before me:

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

Approved May 3, 2016.

__________

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OGLETHORPE COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION.

No. 576 (House Bill No. 1122).

AN ACT

To create a board of elections and registration for Oglethorpe County; to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members and an elections supervisor; to provide for the qualifications, terms, and removal of members; to provide for vacancies; to provide for oaths and privileges; to provide for the conduct of primaries and elections; to provide for meetings; to authorize the conduct of municipal elections; to allow for joint primaries; to authorize expenditure of public funds; to provide compensation for board members; to provide for offices, supplies, and other materials; to provide for the transfer of powers, duties, facilities, and personal property; 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. Pursuant to subsection (b) of Code Section 21-2-40 of the Official Code of Georgia Annotated, there is created the Board of Elections and Registration of Oglethorpe County. The Board of Elections and Registration of Oglethorpe County shall have the powers, duties, and responsibilities of the superintendent of elections of Oglethorpe County under Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," as the same now exists or may hereafter be amended, which powers, duties, and responsibilities are currently being exercised by the judge of the Probate Court of Oglethorpe County, and the powers, duties, and responsibilities of the Board of Registrars of Oglethorpe County under Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," as the same now exists or may hereafter be amended.

SECTION 2. As used in this Act, the term:
(1) "Board" means the Oglethorpe County Board of Elections and Registration. (2) "Commissioners" means the Board of Commissioners of Oglethorpe County. (3) "County" means Oglethorpe 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.

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SECTION 3. (a) The board shall be composed of three members, each of whom shall be an elector and resident of the county and who shall be appointed as provided in this section. (b) The initial members of the board shall be the current members of the Board of Registrars of Oglethorpe County. The transition from the board of registrars and elections superintendent to the board shall be facilitated by the individual holding the office of chief registrar as of the effective date of this Act. All members of the board shall be appointed by the commissioners. The board shall elect from its members a chairperson, vice chairperson, and secretary. (c) The board shall select an elections supervisor. The elections supervisor shall be responsible for the selection and training of poll workers in the primaries and elections and other personnel. The elections supervisor shall generally direct and control the administration of elections and voter registration in the county. The elections supervisor shall be supervised by the board and shall be subject to removal from office by the board, with cause shown. The elections supervisor shall not be a member of the board nor an elected official.

SECTION 4. No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective public office, and the position of membership of any member shall be deemed vacant upon such member's qualifying as a candidate for an elective public office. Each member of the board shall be eligible to serve successive terms, shall have the right to resign at any time by giving written notice of such resignation to the commissioners and to the clerk of the Superior Court of Oglethorpe County, and shall be subject to removal from the board by the commissioners at any time, for cause, after notice and hearing.

SECTION 5. The appointment of each member of the board, except the initial members, shall be evidenced by the commissioners' filing of an affidavit with the clerk of Superior Court of Oglethorpe County no later than 30 days preceding the date on which such member is to take office stating the name and residence address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the Superior Court of Oglethorpe County shall be notified of any interim appointments and shall record and certify such appointments in the same manner as the regular appointment of members. The clerk of the Superior Court of Oglethorpe County shall record each certification on the minutes of that superior court and shall certify the name of each member to the Secretary of State and provide for the issuance of appropriate commissions to the members as provided by law for county registrars.

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SECTION 6. In the event a vacancy occurs on the board by removal, death, resignation, or otherwise, the commissioners shall appoint an interim successor. Such appointments shall be certified by the commissioners in the same manner as the regular appointments of members.

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

SECTION 8. The board shall be empowered with all the powers and duties relating to the conduct of primaries and elections as election superintendent pursuant to the provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code." The board is empowered with all the powers and duties relating to the registration of voters and absentee balloting procedures as boards of registrars pursuant to the provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code." This Act is intended to implement the provisions of subsection (b) of Code Section 21-2-40 of the Official Code of Georgia Annotated and shall be construed liberally so as to effectuate that purpose. The board shall be authorized and empowered to organize itself, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of its affairs; 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.

SECTION 9. The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold meetings in its offices. Any specially called meetings held pursuant to 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 in order to provide public notice of the meetings as required by law. All meetings of whatever kind of the board shall be conducted pursuant to Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open meetings. The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written records shall be subject to Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records.

SECTION 10. The chairperson of the board shall chair all meetings of the board, serve as spokesperson for the board and shall generally supervise, direct, and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board.

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SECTION 11. The board shall have the authority to conduct municipal elections and primaries for any municipality located within the county if such municipality has entered into a contract for that purpose with the commissioners and in conformance with Code Section 21-2-45 of the Official Code of Georgia Annotated.

SECTION 12. Nothing in this Act shall be construed to require or prohibit joint primaries or to require or prohibit the commissioners or any other public agency to bear any expense of conducting primaries not otherwise required by law.

SECTION 13. The board shall be authorized to expend public funds for the purpose of preparing and distributing material solely to inform and instruct electors of the county adequately with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support with respect to any political issue or matter of political concern.

SECTION 14. Compensation for the members of the board, the elections supervisor, clerical assistants, and other employees shall be fixed by the commissioners. In addition thereto, the members of the board shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. All amounts payable under this section shall be paid from county funds.

SECTION 15. The commissioners shall provide the board with such proper and suitable offices, equipment, materials, and supplies and with such clerical assistance and other employees as the commissioners deem appropriate.

SECTION 16. Upon the effective date of this Act, the Probate Court of Oglethorpe County and the Board of Registrars of Oglethorpe County shall be relieved of all powers and duties transferred to the board by this Act and shall deliver to the board all facilities and personal property, including but not limited to equipment, supplies, materials, books, papers, and records pertaining to such powers and duties.

SECTION 17. This Act shall become effective on January 1, 2017.

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

4079

Notice of Intention to Introduce Local Legislation
Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to create a board of elections and registration for Oglethorpe County: and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Trey Rhodes, Representative from District 120, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Oglethorpe Echo, which is the official organ of Oglethorpe County, on the 3rd of March in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ TREY RHODES Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 7th of March, 2016, Before me:

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

Approved May 3, 2016.

__________

CITY OF WARNER ROBINS HOTEL/MOTEL TAX; IDENTIFY PROJECTS OR TOURISM PRODUCT DEVELOPMENT PURPOSES; SPECIFY ALLOCATION OF PROCEEDS.

No. 577 (House Bill No. 1123).

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), as amended, particularly by an Act approved May 12, 2015 (Ga. L. 2015, p. 4161), so as to identify the projects or tourism product development purposes and specify the allocation of proceeds of the excise tax; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act authorizing 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), as amended, particularly by an Act approved May 12, 2015 (Ga. L. 2015, p. 4161), 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, March 2, 2009, and

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March 7, 2016, which specify the 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 2016 session of the General Assembly of Georgia a bill to amend an Act authorizing the governing authority of the City of Warner Robins regarding 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); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Shaw Blackmon, Representative from District 146, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Houston Home Journal, which is the official organ of Houston County, on the 2nd of March in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ SHAW BLACKMON Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 7th of March in the year 2016, Before me:

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

Approved May 3, 2016.

__________

OCILLA-IRWIN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY RECONSTITUTION; REPEAL LOCAL CONSTITUTIONAL AMENDMENT; REFERENDUM.

No. 578 (House Bill No. 1124).

AN ACT

To reconstitute the Ocilla-Irwin County Industrial Development Authority; to provide for powers, authority, funds, purposes, and procedures connected therewith; to repeal the amendment to the Constitution of Georgia creating the previous Ocilla-Irwin County Industrial Development Authority; to provide for a referendum with respect to the effectiveness of the foregoing; 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:

PART I SECTION 1-1.

There is hereby reconstituted the Ocilla-Irwin County Industrial Development Authority, hereinafter referred to as the "Authority," which shall be a body corporate and politic. The Authority shall be a successor in interest to the former Ocilla-Irwin County Industrial Development Authority created by 1964 House Resolution No. 27-34, Resolution Act No. 7 (Ga. L. 1964, Ex. Sess., p. 356), and continued in force and effect by an Act approved March 6, 1987 (Ga. L. 1987, p. 3817). The composition, duties, and powers of the Authority shall be as described in this part.

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SECTION 1-2. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:
(a) The word "Authority" shall mean the "Ocilla-Irwin County Industrial Development Authority," created in this part. (b) The word "Project" shall mean and include property, real or personal, acquired or held by the Authority for the assistance, promotion, establishment, or development of a new industry or industries, or the assistance, promotion, or expansion of existing industry, trade, or commerce in Irwin County, or any combination thereof, the acquisition of any such property for any such purpose or purposes; the improvement of any such property or properties; or the construction, installation, or expansion of one or more buildings, plants, or articles of equipment for the purpose of using, selling, donating, leasing, or renting such land, properties, improvements, structures, or equipment to public or private persons, firms, corporations, or associations for such purposes. (c) The term "Cost of project" shall mean the cost of lands, buildings, improvements, machinery, equipment, properties, easements, rights, franchises, materials, labor, and services acquired or contracted for; the cost of financing charges or interest prior to and during construction; architectural, accounting, engineering, inspection, fiscal, or legal expenses; cost of plans or specifications; or any other expenses necessary or incident to construction or improvements, or to determining the feasibility or practicability of the project, administrative expenses, or the acquisition, construction, equipping, or operating of any project or any part thereof.

SECTION 1-3. The Authority shall consist of six members, who shall be eligible for reappointment. The chairperson of the board of commissioners of roads and revenues of Irwin County shall appoint himself or herself, one other member of the board, and one at large unelected person to the membership of the Authority. The mayor of the City of Ocilla shall appoint himself or herself, one member of the city council, and one at large unelected person to membership on the Authority. The terms of office of members of the governing authorities of Irwin County and the City of Ocilla appointed to membership on the Authority shall be concurrent with their respective terms as members of said governing authorities, and the term of office of each member appointed by the chairperson of the board of commissioners of roads and revenues of Irwin County and the mayor of the City of Ocilla shall be concurrent with the term of his or her respective appointing member. Vacancies for unexpired terms shall be filled by the chairperson of the board of commissioners of roads and revenues or the mayor of the City of Ocilla in the same manner as appointments. A majority of the directors shall constitute a quorum and the majority may act for the Authority in any manner. No vacancy shall impair the power of the Authority to act in the presence of a quorum.

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SECTION 1-4. The members of the Authority shall elect one of their members as chairperson and another as vice chairperson, and shall also elect a secretary and a treasurer or a secretary-treasurer. The members shall receive no compensation for their services, but shall be reimbursed for their actual reasonable expenses incurred in the performance of their duties. The Authority shall make bylaws and regulations for its government and may delegate to one or more of its members or its officers, agents, and employees such powers and duties as may be deemed necessary and proper.

SECTION 1-5. The property obligations and the interest obligations of the Authority shall have the same immunity from taxation as the property obligations and interest on the obligations of Irwin County. The exemption from taxation provided in this part shall not extend to tenants or lessees of the Authority.

SECTION 1-6. The Authority shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this amendment, including, but without limiting the generality of the foregoing, the power:
(1) To sue and be sued; (2) To adopt and amend a corporate seal; (3) To make and execute contracts and other instruments necessary to exercise the powers of the Authority, any of which contracts may be made with Irwin County or the City of Ocilla. Irwin County and the City of Ocilla are hereby authorized to enter into contracts with the Authority; (4) To receive and administer gifts, grants, and devises of any property and to administer trusts; (5) To acquire by purchase, gift, or construction of any real or personal property 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 such project or any part thereof; (6) To sell, lease, exchange, transfer, assign, pledge, mortgage, or dispose of, or grant options for any such purposes, any real or personal property or interest therein; (7) To mortgage, pledge, or assign any revenues, income, tolls, charges, or fees received by the Authority; (8) To appoint officers and retain agents, engineers, attorneys, fiscal agents, accountants, and employees and to provide their compensation and duties; (9) To construct, acquire, own, repair, remodel, maintain, extend, improve, and equip projects located on land owned or leased by the Authority, and to pay all or part of the cost of any such project from the proceeds of revenue-anticipation bonds of the Authority or

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from any contribution or loans by persons, firms, or corporations, or any other contribution, all of which the Authority is hereby authorized to receive and accept and use; (10) To issue revenue anticipation bonds for the purpose of paying all or any part of the cost of any project, including the cost of extending, adding to, or improving such project, or for the purpose of refunding any such bonds of the Authority theretofore issued. Such revenue anticipation bonds shall be issued and validated under and in accordance with the applicable provisions of general law, including the Georgia Revenue Bond Law, Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, as amended, providing for the issuance of revenue anticipation bonds. As security for the payment of any revenue anticipation bonds so authorized, any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered and the Authority may execute any trust agreement or indenture containing any provisions not in conflict with the law for security of such bonds, which trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or upon default in the performance of any term or condition contained in such agreement of indenture. The State of Georgia in behalf of the state and Irwin County and the City of Ocilla hereby waives any right the state, Irwin County, or the City of Ocilla may have to prevent the forced sale or foreclosure of any property of the Authority so mortgaged or encumbered and any such mortgage or encumbrance may be foreclosed in accordance with applicable law and the terms hereof. For purposes of the aforesaid judicial validation, the Authority shall be regarded as being located in Irwin County, and the Superior Court of Irwin County shall have jurisdiction and the requisite notices shall be published in Irwin County. If no exception if filed to the decree validating such bonds within 12 days from the date upon which such decree is entered, such decree shall be final and no appeal may be taken therefrom; and (11) To do all things necessary or convenient to carry out the powers expressly conferred by this Act.

SECTION 1-7. The governing authority of Irwin County is hereby authorized to levy an annual ad valorem tax on all taxable property located within the unincorporated areas of Irwin County not to exceed two mills per dollar on assessed valuation, and the funds produced by such levy shall be used to aid and assist in the promotion of new industries and the expansion of agriculture, trade, and commerce.

SECTION 1-8. The governing authority of the City of Ocilla is hereby authorized to levy an annual ad valorem tax on all taxable property located within the corporate limits of said city not to exceed two mills per dollar on assessed valuation, and the funds produced by such levy shall

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be used to aid and assist in the promotion of new industries and the expansion of agriculture, trade, and commerce.

SECTION 1-9. 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 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 State of Georgia when in the performance of their public duties of work of the state. The Authority may be sued the same as private corporations on any contractual obligation of the Authority.

SECTION 1-10. The property of the Authority shall not be subject to levy and sale under legal process except such property, income, or funds as may be pledged, assigned, mortgaged, or conveyed to secure an obligation of the Authority, and any such property, funds, or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.

SECTION 1-11. This Act is adopted for the purpose of promoting and expanding the public good and welfare and industry and trade within the territorial limits of Irwin County and reduce unemployment to the greatest extent possible, and this Act shall be liberally construed for the accomplishment of this purpose.

SECTION 1-12. The scope of its operations of the authority shall be limited to the territory embraced within Irwin County.

SECTION 1-13. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of the State of Georgia, Irwin County, or the City of Ocilla.

SECTION 1-14. Should the Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall be conveyed to be held jointly by Irwin County and the City of Ocilla, subject to any mortgages, liens, leases, or other encumbrances outstanding against or in respect to said property at that time.

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PART II SECTION 2-1.

The amendment to the Constitution of Georgia creating the Ocilla-Irwin County Industrial Development Authority, which amendment was proposed by 1964 House Resolution No. 27-34, Resolution Act No. 7 (Ga. L. 1964, Ex. Sess., p. 356), and was continued in force and effect by an Act approved March 6, 1987 (Ga. L. 1987, p. 3817), is hereby repealed.

SECTION 2-2. That Act, continuing in force and effect an amendment to the Constitution of Georgia creating the Ocilla-Irwin County Industrial Development Authority, approved March 6, 1987 (Ga. L. 1987, p. 3817), is hereby repealed.

PART III SECTION 3-1.

The election superintendent of Irwin County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Irwin County for approval or rejection. 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 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 Irwin County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which reconstitutes the Ocilla-Irwin County Industrial Development Authority contingent upon the repeal of the
( ) NO amendment to the Constitution of Georgia creating the Ocilla-Irwin County Industrial Development Authority?"
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, Parts I and II of this Act shall become of full force and effect on December 31, 2016. If this Act is not so approved or if the election is not conducted as provided in this section, Parts I and II of this Act shall not become effective, and this Act shall be automatically repealed on January 1, 2017. The expense of such election shall be borne by Irwin County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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PART IV SECTION 4-1.

Except as otherwise provided in Section 3-1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4-2. 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 2016 session of the General Assembly of Georgia a bill to reconstitute the Ocilla-Irwin County Industrial Development Authority; to repeal the amendment to the Constitution of Georgia creating the previous Ocilla-Irwin County Industrial Development Authority; to provide for a referendum with respect to the effectiveness of the foregoing; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Clay Pirkle, Representative from District 155, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Ocilla Star, which is the official organ of Irwin County, on the 2nd of March in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

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s/ CLAY PIRKLE Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 7th of March, 2016, Before me:

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

Approved May 3, 2016.

__________

CITY OF SURRENCY NEW CHARTER.

No. 579 (House Bill No. 1125).

AN ACT

To provide a new charter for the City of Surrency, formerly the Town of Surrency; to provide for reincorporation, corporate boundaries, and powers and the exercise of same; to provide for a governing authority, its number, election, qualifications, vacancies, compensation, conflicts of interest, inquiries and investigations, general power and authority, eminent domain, meetings, procedures, ordinances and resolutions, emergencies, technical codes, administration of records, election of the mayor, a mayor pro tempore, and powers and duties of the mayor; to provide for departments and agencies, boards, commissions and authorities, a city attorney, a city clerk and deputy clerk, a tax collector, a city accountant, a city manager, consolidation of functions, council interference with administration, and rules and regulations; to provide for a municipal court, judges, convening, jurisdiction and powers, certiorari, and court rules; to provide for elections, vacancies, removal of officers, suspension of officers and employees, and hearings on suspension, removal, and termination; to provide for taxes, fees and permits, franchises, service charges, assessments, bonds, loans, lease-purchase contracts, a fiscal year, budgets, changes in appropriations, audits, contracting procedures, purchasing, and city property; to provide a specific repealer; 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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ARTICLE I INCORPORATION AND POWERS
SECTION 1.01. Incorporation and powers.

The Town of Surrency in Appling 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 "Town of Surrency," shall continue as a body politic and corporate, known by the corporate name of the "City of Surrency," and, by that name, the City of Surrency shall continue 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. References in this charter to "the city" refer to the City of Surrency.

SECTION 1.02. Corporate boundaries.

(a) The boundaries of the City of Surrency 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 Surrency, 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 1.03. Powers and construction.

(a) The City of Surrency 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. The City of Surrency shall have all the powers of self-government not otherwise prohibited by this Act or by general law. (b) The powers of the City of Surrency shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. These powers shall include, but not be limited to, the following:
(1) Animal regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of same if in violation

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of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter or for municipalities by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the Official Code of Georgia Annotated or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property inside or outside the corporate limits of the city for present or future use and for any corporate purpose deemed necessary by the city council, utilizing procedures enumerated in Title 22 of the Official Code of Georgia Annotated, Title 32 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 through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) 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 not inconsistent with general law relating to fire prevention and detection and 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 fee and other sanitary service charge as may be necessary in the operation of

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the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services or to whom such services are available; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (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; 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 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; (20) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of the same by the public, and to prescribe penalties and punishment for violations thereof; (21) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, 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 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 police and firefighting agencies; (26) 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; (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, Title 32 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 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, standards, and conditions of service applicable to the service to be provided by the franchisee 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 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, provide drainage for, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises in

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rights-of-way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so; (34) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (36) Special areas of public regulation. To regulate or prohibit junk dealers, the manufacture, sale, or transportation of intoxicating liquors; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which 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, or regulate professional fortunetelling, palmistry, and massage parlors; and to restrict adult bookstores to certain areas; (37) Special assessments. To levy and provide for the collection of special assessments to cover the costs 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; 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

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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 1.04. Exercise of powers.

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

ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.01. City council creation; number; election.

The legislative authority of the government of the City of Surrency, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. For the purpose of electing the members of the Council, the City of Surrency shall consist of one election district. The candidates for councilmembers need not designate a post on such council but shall be eligible for any one of the open seats on the council. The candidates for councilmembers receiving the highest number of votes cast for councilmembers shall be elected for the open councilmember seats. 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. Elections shall be nonpartisan as authorized by Code Section 21-2-157 of the Official Code of Georgia Annotated.

SECTION 2.02. City council terms and qualifications for office.

The mayor and members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the area comprising the corporate limits of the City of Surrency 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 Surrency.

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SECTION 2.03. Vacancy; filling of vacancies; suspensions.

(a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or occurrence of any event specified by the Constitution, Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office as provided for in Section 5.04 of this charter and in accordance with Title 21 and Title 45 of the Official Code of Georgia Annotated, or such other laws as are or may hereafter be enacted. If such vacancy occurs within less than 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 2.04. Compensation and expenses.

The salaries of the mayor and members of the city council shall be as established by ordinance. Such salaries 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 2.05. Holding other office; voting when financially interested.

(a) Elected and appointed officers of the City of Surrency are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) No elected officer, appointed officer, employee, or member of a board, commission, 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 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;

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(3) Disclose confidential information obtained at meeting which are closed pursuant to Chapter 14 of Title 50 of the Official Code of Georgia Annotated, concerning the property, governance, 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, object, 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 negotiations or in the making of any contract with any business or entity in which the official has a financial interest. (c) Any elected officer, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any 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 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 interest to the governing body of such agency or entity. (d) No elected officer, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit or profit but shall use such property only in their capacity as an officer or employee of the city. (e) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (f) Except as 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 he or she was elected. No former mayor and no former councilmember shall hold any appointive office in the city until one year after the expiration of the term for which the official was elected. (g) No appointed officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon qualifying for or election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties

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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)(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 2.06. 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 2.07. General power and authority of the city council.

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

SECTION 2.08. 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 property may

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be condemned under procedures established under general law applicable now or as provided for in the future.

SECTION 2.09. Organizational meeting.

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 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 [councilmember or mayor as the case may be] of the City of Surrency, 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 Surrency. 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 Surrency 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 Surrency to the best of my ability without fear, favor, affection, reward, or expectation thereof."

SECTION 2.10. 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 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 members of the city council with the consent of a third member. For any called meeting initiated by two councilmembers, such written call shall be delivered to the city clerk, who shall then contact the other councilmembers to determine whether a third member consents to such call, and in the event that a third member does consent to the call, then notice as hereinafter provided shall issue. Notice of such special meetings shall be delivered to all members of the council and the mayor personally, by registered mail, or by electronic means, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when

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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. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Code Section 50-14-1 of the Official Code of Georgia Annotated or other such applicable laws as are or may be hereafter enacted.

SECTION 2.11. Rules of procedure.

The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping of a journal of its proceedings, which shall be a public record. If there be no adoption of rules of procedure and order, then Robert's Rules of Order shall govern.

SECTION 2.12. Quorum; voting; abstentions.

(a) The mayor is considered a councilmember for purposes of determining a quorum and voting. All references to the number of councilmember votes under this charter shall include the consideration of the mayor's vote. (b) Three councilmembers shall constitute a quorum and shall be authorized to transact business for the 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 of the governing authority 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 councilmembers 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 councilmember has a conflict of interest that 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) In addition to adopting rules of procedure as authorized by Section 2.11 of this charter, the city council may, by ordinance or resolution, adopt penalties for compelling attendance of absent members.

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SECTION 2.13. 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 that is not expressed in its title. The ordinance shall be considered "read" by a reading of its title, presenting a written copy to each councilmember, 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 councilmember 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 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 toward the requirement of a reading at two successive regularly scheduled 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 councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. The clerk may, with the approval of the city 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 Mayor and City Council of the City of Surrency" 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 chapter, article, and section headings contained in this Act shall not be deemed to govern, limit, or modify or in any manner affect the scope, meaning, or intent of the provisions of any chapter, article, or section hereof.

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(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, or when required by law. 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 city 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 2.14. Action requiring an ordinance.

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

SECTION 2.15. 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 2.10 of this charter 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 councilmembers present shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. A quorum of councilmembers 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.

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SECTION 2.16. 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 the same as prescribed for ordinances as shown in Section 2.13 of this charter.

SECTION 2.17. Signing; authenticating; recording codification; printing.

(a) The clerk shall authenticate by the clerk's signature and record in full, in a properly indexed book kept for that purpose, all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. (c) This compilation shall be known and cited officially as "The Code of Ordinances of the City of Surrency, 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 2.18. Election of mayor; forfeiture; compensation.

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

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SECTION 2.19. Mayor pro tempore.

(a) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during 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 2.05 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.

SECTION 2.20. Powers and duties of mayor.

The mayor shall: (a) Preside at all meetings of the city council; (b) Be the head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the city and the chief advocate of policy; (c) Have the power to administer oaths and to take affidavits; (d) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (e) Vote on matters before the city council and be counted toward a quorum as any other councilmember; (f) Cause to be prepared and submitted to the city council a recommended annual operating budget and recommended capital budget; and (g) Fulfill such other executive and administrative duties as the city council shall by ordinance or resolution establish.

ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.01. 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 of Surrency.

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(b) Except as otherwise provided in this charter or by law, the directors of departments and agencies 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 and agencies 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 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 and agencies designated by the city, e.g., Water and Sewer, Streets, Police, Administrative, etc.

SECTION 3.02. 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 this 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 that member to faithfully and

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impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All members of any board, commission, or authority 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.

SECTION 3.03. 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 the municipal court if appointed by the city council as provided for in Section 4.2 of this charter; shall attend the meetings of the city council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; 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 with 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 3.04. City clerk.

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

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SECTION 3.05. Deputy city clerk.

The city council may 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 3.06. 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.

SECTION 3.07. 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 3.08. 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 councilmember 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 3.09. 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.

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SECTION 3.10. Council interference with administration.

The city council or its members shall deal with city officers and employees who are subject to the direction or supervision of a department or an agency director solely through the respective director, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately, except that this shall not apply to any councilmember who is appointed to be an administrative director.

SECTION 3.11. 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; (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 4.01. Creation of municipal court; name.

There shall be a court to be known as the Municipal Court of the City of Surrency, Georgia.

SECTION 4.02. 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

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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 of the municipal court unless that person shall have attained the age of 21 years, shall be a member in good standing with the State Bar of Georgia, 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 subsection (d) of 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 Surrency, 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 Surrency. 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 Surrency 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 2.17 of this charter.

SECTION 4.03. 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 4.04. 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.

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(b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) 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 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 4.05. 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 Appling 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.

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 5.01. Applicability of general law.

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

SECTION 5.02. Election districts.

(a) The corporate limits of the City of Surrency shall be one election district and consist of the territory contained in the charter and described as the "Corporate Boundaries" 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 election district 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 of Appling County and to be designated, as the case may be: "City of Surrency Election Districts." Photographic, typed, or other copies of such map or description certified by the chairperson of the Board of Elections 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 5.03. Election of the city council and mayor.

(a) There shall be a municipal general election biennially in the odd years on the Tuesday next following the first Monday in November. (b) There shall be elected the mayor and two councilmembers for the councilmember seats currently held by Michael Luke and James Hester at the 2017 election and at every other

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regular four-year election cycle thereafter. Mayor Pat Webster and councilmembers Michael Luke and James Hester shall continue in office until their current term expires on December 31, 2017, and until their successors are elected and qualified. There shall be elected three councilmembers for the other three councilmembers seats currently held by Clifton Cochran, Patia Gibbs, and Larramie Boatright at the 2019 election and at every other four-year election cycle thereafter. Councilmembers Clifton Cochran, Patia Gibbs, and Larramie Boatright shall continue to serve in office until their current term expires on December 31, 2019, and until their successors are elected and qualified. Terms shall be for four years.

SECTION 5.04. Special elections; vacancies.

In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.03 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 Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," as now or hereafter amended.

SECTION 5.05. Other provisions.

Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," as now or hereafter amended.

SECTION 5.06. Removal of officers.

The mayor, councilmembers, 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.

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SECTION 5.07. Suspension of officers and employees.

The mayor with the concurrence in writing of at least one councilmember 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 subsection (b) of Section 5.08 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 during such period of suspension. The concurrence of a councilmember must be as to all of the terms of the mayor's suspension in order to be effective.

SECTION 5.08. Hearings required upon suspension, for removal, and termination.

(a) The city council may remove an appointed officer pursuant to Section 5.06 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 5.07 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 the suspension. Such hearing shall be held not more ten days if the suspension was without pay and no later than 30 days after such suspension if it was with pay. If no such hearing is requested, then the suspension shall stand as originally decreed. (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 termination. Such hearing shall be held not more than 30 days after 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.

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ARTICLE VI FINANCE
SECTION 6.01. 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 6.02. 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 6.03. 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 6.09 of this charter.

SECTION 6.04. 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 6.09 of this charter.

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SECTION 6.05. 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 6.06. 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 6.09 of this charter.

SECTION 6.07. 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 6.09 of this charter.

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SECTION 6.08. 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 6.09. 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 6.01 through 6.08 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 6.10. General obligation bonds.

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

SECTION 6.11. 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 of Surrency, it shall be the duty 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 6.12. Short-term loans.

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

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SECTION 6.13. Lease-purchase contracts.

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

SECTION 6.14. Fiscal year.

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

SECTION 6.15. 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 6.16. 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 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.

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SECTION 6.17. 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 6.15 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof, to which it is chargeable.

SECTION 6.18. Tax levies.

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

SECTION 6.19. Changes in appropriations.

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

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SECTION 6.20. 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 2.15 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 6.21. Independent audit.

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

SECTION 6.22. Contracting procedures.

No contract with the city shall be binding on the city unless: (a) It is in writing; (b) It is drawn by or submitted to and reviewed by the city attorney, and as a matter of course, is signed by the city attorney to indicate such drafting or review; and (c) It is made or authorized by the city council and such approval is entered in the city council minutes of proceedings pursuant to Section 2.17 of this charter.

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SECTION 6.23. Centralized purchasing.

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

SECTION 6.24. 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) To the extent authorized by Chapter 7 of Title 32 of the Official Code of Georgia Annotated or Chapter 37 of Title 36 of the Official Code of Georgia Annotated, 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) To the extent authorized by Chapter 7 of Title 32 of the Official Code of Georgia Annotated or Chapter 37 of Title 36 of the Official Code of Georgia Annotated, whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights-of-way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

ARTICLE VII GENERAL PROVISIONS
SECTION 7.01. 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.

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SECTION 7.02. Specific repealer.

An Act to create a new charter for the Town of Surrency, in Appling County, on the Southern Railway, approved August 21, 1911 (Ga. L. 1911, p. 1577), as amended, is hereby repealed.

SECTION 7.03. 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 2016 session of the General Assembly of Georgia a bill to provide a new charter for the City of Surrency, formerly the Town of Surrency; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Greg Morris, Representative from District 156, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Baxley News Banner, which is the official organ of Appling County, on the 2nd of March in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

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s/ GREG MORRIS Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 7th of March, 2016, Before me:

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

Approved May 3, 2016.

__________

CITY OF GRAHAM NEW CHARTER.

No. 580 (House Bill No. 1126).

AN ACT

To provide a new charter for the City of Graham; to provide for incorporation, boundaries, powers, and construction; to provide for a governing authority, its number, elections, terms, qualifications, filling of vacancies, compensation and expenses, conflicts of interest, inquiries and investigations, power and authority, eminent domain, meetings, procedural rules, quorum and voting, ordinances, emergencies, technical codes, a chief executive officer, powers and duties of the mayor, and a mayor pro tempore; to provide for city departments, city boards, commissions, authorities, a city attorney, a city clerk, a deputy city clerk, a tax collector, a city accountant, a city manager, and personnel policies; to provide for a municipal court, municipal judges, convening, jurisdiction and powers, certiorari, and rules; to provide for elections, special elections, removal of officers, and suspensions; to provide for taxes, regulatory fees and permits, franchises, service charges, special assessments, collection of delinquent taxes and fees, bonds, short-term loans, lease-purchase contracts, a fiscal year, budgets, changes in appropriations, audits, contracting procedures and purchasing, and sale and lease of property; to provide for bonds for officials, and prior ordinances; 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:

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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 of City of Graham, Georgia, and by that name shall have perpetual existence, 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 Graham, Georgia, repealing and replacing all prior charters.

SECTION 1.11. Corporate boundaries.

(a) The boundaries of the City of Graham shall be those existing on the effective date of the adoption of this charter plus a strip eastward along and with the right of way boundaries of U. S. Highway 341 (Georgia State Route 27) to mile marker 4, 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 Graham, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

SECTION 1.12. Powers and construction.

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

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SECTION 1.13. Specific powers.

The city shall have the following powers: (1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of the same if 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 purpose authorized by this charter or for municipalities by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building 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 Official Code of Georgia Annotated or 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 or Title 32 of the Official Code of Georgia Annotated, or in 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 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;

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(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 fire prevention and detection and 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 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 and benefiting from such services or to whom such services are available; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (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 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;

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(20) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of the same by the public, and to prescribe penalties and punishment for violations thereof; (21) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, 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 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 police and fire-fighting agencies; (26) 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; (27) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide 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 or Title 32 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, standards, and conditions of service applicable to the service to be provided by the franchisee or contractor to the extent 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

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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, provide drainage for, adorn with shade trees or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights-of-way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (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; 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 the extent allowed by general law, to regulate or prohibit junk dealers, the manufacture, sale, or transportation of intoxicating liquors; to regulate the transportation, storage, and use of combustible, explosive, and flammable materials, the use of lighting and heating equipment, and any other business or situation which 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; to regulate and control professional fortunetelling, palmistry, and massage parlors; and to restrict adult bookstores to certain areas; (37) Special assessments. To levy and provide for the collection of special assessments to cover the costs 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 the extent allowed by general law, to regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators

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thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (41) Urban redevelopment. To organize and operate an urban redevelopment program; and (42) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.14. Exercise of powers.

All powers, functions, rights, privileges, and immunities of the city and its officers, agencies, or employees shall be carried into execution as provided by this charter. Regarding any matter for which 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 the City of Graham, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four councilmembers. For the purpose of electing the members of the city council, the City of Graham shall consist of one election district. The candidates for councilmembers need not designate a post and shall be eligible for any one of the open seats on the city council. The candidates for councilmembers receiving the highest number of votes cast for councilmembers shall be elected for the open councilmember seats. 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. Elections shall be nonpartisan as authorized by Code Section 21-2-157 of the Official Code of Georgia Annotated.

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SECTION 2.11. City council terms and qualifications for office.

The mayor and other 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 area comprising the corporate limits of the City of Graham 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 Graham.

SECTION 2.12. Vacancy; filling of vacancies.

(a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the 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 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 as provided for in Section 5.13 of this charter and in accordance with Title 21 and Title 45 of the Official Code of Georgia Annotated, or such other laws as are or may hereafter be enacted. If such vacancy occurs less than 12 months prior to 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 salary of the mayor shall be $600.00 per meeting and the salary for each councilmember shall be $200.00 per meeting. The salaries 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. The salary of the mayor and for each councilmember 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 councilmember.

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SECTION 2.14. Conflicts of interest.

(a) Elected and appointed officers of the City of Graham are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) No person who is an elected officer, appointed officer, employee or member of any board, commission, 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 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 obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the Official Code of Georgia Annotated, concerning the property, governance, or affairs of the governmental body by which the person is engaged without proper legal authorization or use such information to advance the financial or other private interest of the person 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 the person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the 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 person has a financial interest. (c) Any elected officer, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private financial interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected officer, 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 interest to the governing body of such agency or entity.

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(d) No elected officer, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit or profit but shall use such property only in their capacity as an officer or employee of the city. (e) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (f) Unless 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 he or she was elected. No former mayor and no former councilmember shall hold any appointive office in the city until one year after the expiration of the term for which he or she was elected. (g) No appointed officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon qualifying for or election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the city council either immediately upon election or at any time such conflict may arise. (h) 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. Any officer or employee of the city who shall forfeit an office or position as described herein shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.

SECTION 2.15. 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 this city as provided by Article I of this charter.

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(b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and 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 Graham 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 and playgrounds, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, cultural, 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 for in the future.

SECTION 2.18. Organizational meetings.

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 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 [councilmember or mayor, as the case may be] of the City of Graham, 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 Graham. 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 Graham 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 Graham to the best of my ability without fear, favor, affection, reward, or expectation thereof."

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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 prescribed by ordinance; provided, however, that the city council shall meet at least once a month. The council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the city council may be held on the call of the mayor or on the written call of any two members of the city council with the consent of a third member. For any called meeting initiated by councilmembers, such written call shall be delivered to the city clerk who shall then contact the other councilmembers to determine whether a third member consents to such call. If such consent is given, then notice as hereafter provided shall issue. Notice of such special meetings shall be delivered to all members of the council and the mayor personally, by registered mail, or by electronic means, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by the mayor or a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice. The notice of such special meeting shall state what business is to be transacted at the special meeting. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Chapter 14 of Title 50 of the Official Code of Georgia Annotated or other such applicable laws as are or may be hereafter enacted.

SECTION 2.20. Rules of procedure.

The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be of public record. If there be no adoption of rules of procedure and order, then Robert's Rules of Order shall govern.

SECTION 2.21. Quorum; voting; abstention.

(a) The mayor is considered a councilmember for purposes of determining a quorum and voting. All references to the number of councilmember votes under this charter shall include the consideration of the mayor's vote.

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(b) Three councilmembers shall constitute a quorum and shall be authorized to transact business for the council. (c) Voting on the adoption of ordinances shall be taken by voice or a show of hands 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 and such vote shall be recorded in the minutes. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (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 councilmember 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) In addition to the adoption of rules pursuant to Section 2.20 of this charter, the city council may, by ordinance or resolution, adopt penalties for compelling attendance of absent members.

SECTION 2.22. Ordinance form; procedures; resolutions.

(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 that is not expressed in its title. The ordinance shall be considered read by a reading of its title; presenting a written copy to each councilmember; and making a printed copy available to any member of the public upon request. (b) Except for emergency ordinances as provided in Section 2.24 of this charter, an ordinance may be introduced by a motion made by any councilmember 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 such motion shall be to require that such 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 toward the requirement of a reading at two successive regularly scheduled monthly meetings of the city council. Ordinances shall be considered and adopted or rejected by a majority vote 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 councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.

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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 Mayor and City Council of the City of Graham," and every ordinance shall so begin. (e) The catch lines 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 shall not be deemed to be titles of such sections or as any part of the section and shall not be so deemed when any of such sections, including the catch lines, are amended or reenacted unless expressly provided to the contrary. Furthermore, the article and section headings contained in this charter shall not be deemed to govern, limit, or modify or in any manner affect the scope, meaning, or intent of the provisions of any article or section hereof. (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 city council at any public meeting; provided, however, that 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.

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, safety, property, or public peace, the city council may convene on call of the mayor or three councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. (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 three councilmembers shall be

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required for adoption. It shall become effective upon adoption or at such later time as it may specify. A quorum of councilmembers 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 Chapter 14 of Title 50 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 provided in Section 2.22 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 city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. (c) This compilation shall be known and cited officially as "The Code of Ordinances of the City of Graham, 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

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distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

SECTION 2.27. Mayor.

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

SECTION 2.28. Powers and duties of mayor.

The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances and other instruments executed by the city which by law are required to be in writing; (5) Vote on matters before the city council and be counted toward a quorum as any other councilmember; (6) 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; selection; duties.

(a) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during 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.

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(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 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 the city. (b) Except as otherwise provided by this charter or by law, the directors of departments and agencies 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 and agencies 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 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 and agencies designated by the city.

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

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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 this 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 that member to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All members of any board, commission, or authority shall 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.

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 the municipal court if appointed by the city council as provided for in Section 4.11 of this charter; shall attend the meetings of the city council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; 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 with the State Bar of Georgia.

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(b) The city attorney shall not be a public official of the city and shall not take an oath of office. The city attorney shall at all times be an independent contractor. 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 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. Deputy city clerk.

The city council may 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. The tax collector shall diligently comply with and enforce all general laws of the state relating to the collection, sale, or foreclosure of taxes by municipalities.

SECTION 3.16. City accountant.

The city council may, by majority vote, appoint a city accountant 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 councilmember shall be

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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. City council interference with administration.

The city council or its members 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 neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately; provided, however, that this section shall not apply to any councilmember who is appointed to be an administrative director.

SECTION 3.20. Rules and regulations.

(a) All city employees shall 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; (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. Municipal court creation.

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

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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 may be provided by ordinance; provided, however, that 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 absence of the judge of the municipal court and 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 has attained the age of 21 years, is a member in good standing of the State Bar of Georgia, and possesses 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 subsection (d) of 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 shall serve until a successor is appointed but may be removed from office for good cause at any time by a majority vote of the city council in a public meeting, provided the judge is given written notice at least ten days in advance 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 Graham, 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 Graham. 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 Graham 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 2.20 of this charter.

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SECTION 4.12. Convening.

The municipal court shall be convened at regular intervals as provided by the judge; provided, however, that the court shall convene at least 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, imprisonment for 90 days, or both, or it may impose punishment by fine, imprisonment, or alternative sentencing 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 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.

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(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 Appling 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 SECTION 5.10. Applicability of general law.

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

SECTION 5.11. Election districts.

(a) The corporate limits of the City of Graham shall be one election district and consist of the territory contained in the charter and described in Section 1.11 of this charter with such alterations as may be made from time to time in the manner provided by law. The election district 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 of Appling County and to be designated, as the case may be: "City of Graham Election Districts." Photographic, typed, or other copies of such map or description certified by the chairperson of the Board of Elections shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description.

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(b) The 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 two councilmembers for the councilmember seats currently held by Lee Bass and Ira Lee Clemons at the 2017 election and at every other regular four-year election cycle thereafter. Councilmembers Lee Bass and Ira Lee Clemons shall continue in office until their current term expires on December 31, 2017, and until their successors are elected and qualified. There shall be elected the mayor and two councilmembers for the councilmember seats currently held by James Hill and Jessie Conaway at the 2019 election and at every other four-year election cycle thereafter. Mayor Don Rentz and councilmembers James Hill and Jessie Conaway shall continue to serve in office until their current term expires on December 31, 2019, and until their successors are elected and qualified. Terms shall be for four years.

SECTION 5.13. Special elections.

In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs fewer than 12 months prior to 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 Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," as now or hereafter amended.

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 Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," as now or hereafter amended.

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SECTION 5.15. Removal of officers.

The mayor, councilmembers, 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 councilmember may suspend any appointed officer or employee of the city for good cause, with or without pay, pending a public hearing before 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 during such period of suspension. The concurrence of a councilmember must be as to all of the terms of the mayor's suspension in order to be effective.

SECTION 5.17. Hearings required.

(a) The city council may remove an appointed officer pursuant to Section 5.16 of this charter or terminate any city employee by majority vote 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 the city council at a public meeting by requesting a hearing in writing to the city clerk not later than five days after the suspension. Such hearing shall be held not more than ten days after the suspension if the suspension was without pay and no later than 30 days after such suspension if it was with pay. If no such hearing is requested, then the suspension shall stand as originally decreed. (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 the city council at a public meeting by requesting a hearing in writing to the city clerk not later than five days after the termination. Such hearing shall be held not more than 30 days after 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.

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ARTICLE VI FINANCE
SECTION 6.10. Property tax.

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

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

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

SECTION 6.12. Occupational and business taxes.

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

SECTION 6.13. Regulatory fees; permits.

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

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SECTION 6.14. Franchises.

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

SECTION 6.15. Service charges.

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

SECTION 6.16. Special assessments.

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

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SECTION 6.17. Construction; other taxes and fees.

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

SECTION 6.18. 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 this state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.

SECTION 6.20. Revenue bonds; 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 of Graham, it shall be the duty 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 shall repay such loans not later than December 31 of each year, unless otherwise provided by law.

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SECTION 6.22. Lease-purchase contracts.

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

SECTION 6.23. Fiscal year.

The 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 by ordinance or resolution for 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 submit to the city council a proposed operating budget and capital budget for the ensuing fiscal year. The operating 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 deemed necessary. 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.

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SECTION 6.26. Action by city council on budget.

(a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than June 30 of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the past fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such unit, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof, to which it is chargeable.

SECTION 6.27. Tax levies.

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

SECTION 6.28. Change in appropriations.

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

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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, 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.

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 government may be accepted as satisfying the requirements of this section. 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: (1) It is in writing; (2) It is drawn by or submitted to and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council, and such approval is entered in the city council journal of proceedings pursuant to Section 2.20 of this charter.

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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) To the extent authorized by Chapter 7 of Title 32 of the Official Code of Georgia Annotated and Chapter 37 of Title 36 of the Official Code of Georgia Annotated, 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) To the extent authorized by Chapter 7 of Title 32 of the Official Code of Georgia Annotated and Chapter 37 of Title 36 of the Official Code of Georgia Annotated, whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.

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

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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. 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 to provide a new charter for the City of Graham, approved April 17, 1991 (Ga. L. 1991, p. 4770), as amended, is hereby repealed.

SECTION 7.14. Effective date.

This Act shall become effective on July 1, 2016.

SECTION 7.15. 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 2016 session of the General Assembly of Georgia a bill to provide a new charter for the City of Graham; and for other purposes.

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AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Greg Morris, Representative from District 156, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Baxley News Banner, which is the official organ of Appling County, on the 2nd of March in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ GREG MORRIS Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 7th of March, 2016, Before me:

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

Approved May 3, 2016.

__________

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CITY OF VIDALIA CITY OF VIDALIA CONVENTION AND VISITOR'S BUREAU AUTHORITY; CREATION.

No. 581 (House Bill No. 1127).

AN ACT

To create the City of Vidalia Convention and Visitor's 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 Vidalia, 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 Vidalia Convention and Visitor's Bureau Authority Act."

SECTION 2. Definitions and references.

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

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 Vidalia Convention and Visitor's Bureau Authority. The authority shall be deemed to be a political subdivision

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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 visitor's 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 Vidalia, and its legal situs or residence for the purposes of this Act shall be in the City of Vidalia. (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 Toombs 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: (1) Promote tourism, trade, and conventions for the City of Vidalia; (2) Study, investigate, and develop plans for improving tourism in the City of Vidalia 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

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(4) Otherwise promote public interest in the general improvement of tourism in the City of Vidalia.

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 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

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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 that 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 seven directors appointed by the city council. One member shall be the city manager, one member shall be the finance director, and the remaining members shall be appointed according to the criteria to be established by the city council. All members shall be at least 21 years of age and residents of the City of Vidalia or owners or employees of businesses within the City of Vidalia. The city council may establish other criteria by ordinance. (c) The initial appointees to the board shall serve for staggered terms; the city council shall designate two of its initial appointees to serve a term of two years, two to serve a term of three years, and one to serve a term of four years. All subsequent terms shall last for four years. After having served an initial four-year term, a director may succeed himself or herself for one additional four-year term of appointment and thereafter shall be ineligible for

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reappointment for a period of at least one year. 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 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 proper and reasonable expenses incurred in the performance of their duties for the authority and as directors.

SECTION 7. Executive director.

The city council shall hire an executive director, to whom in turn shall be delegated the authority and responsibility necessary to administer properly the business of the board, in conformance with policies set by the board and subject to the board's review. The executive director shall have full charge of the offices and employees of the authority, including authority to hire and terminate employees. The city council shall have the authority to establish salaries and compensation for the executive director. The board shall reimburse the City of Vidalia for all expenses of the Vidalia tourism director, who is an employee of the City of Vidalia and assigned to work for the board.

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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 this 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, 2016, 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.

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.

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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 2016 session of the General Assembly of Georgia a bill to create the City of Vidalia Convention and Visitor's 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 Vidalia, Georgia; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Greg Morris, Representative from District 156, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Advance, which is the official organ of Toombs County, on the 2nd of March in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ GREG MORRIS Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 7th of March, 2016, Before me:

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

Approved May 3, 2016.

__________

CHATTAHOOCHEE COUNTY BOARD OF EDUCATION; TERMS AND MANNER OF ELECTION; REPEAL LOCAL CONSTITUTIONAL AMENDMENT; REFERENDUM.

No. 582 (House Bill No. 1128).

AN ACT

To reconstitute the Chattahoochee County Board of Education with staggered terms and nonpartisan elections for members; to repeal the amendment to the Constitution of Georgia creating a new board of education for Chattahoochee County, approved March 25, 1958 (Ga. L. 1958, p. 603), which was continued under the 1983 Constitution of the State of Georgia by an Act approved March 20, 1986 (Ga. L. 1986, p. 4311); to provide for a referendum with respect to the foregoing; to provide for a contingent effective date; to provide for a contingent automatic repeal; 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 Chattahoochee County Board of Education in effect prior to the effective date of this Act is hereby abolished. (b) There is created a new board, to be known as the Chattahoochee County Board of Education, which shall have the same powers and duties as the board herein abolished. The County of Chattahoochee shall constitute one school district and shall be confined to the control and management of the Chattahoochee County Board of Education.

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(c) To be eligible to hold office as a member of the Chattahoochee County Board of Education, a person shall have the qualifications provided by law. The members of the Chattahoochee County Board of Education shall be elected by the people at the same time as other county officers of Chattahoochee County are elected and shall hold their offices until their successors are elected and qualified. (d) There shall be elected to serve on the Chattahoochee County Board of Education five at-large members from within the county.
(1) The terms of office of the members of the board of education from Posts 1, 3, and 5 elected in 2016 shall continue in office for the terms and posts to which they were elected and until their successors are elected and qualified as provided herein. Successors to such members from Posts 1, 3, and 5 shall be elected in the 2020 nonpartisan election and shall take office on January 1, 2021, for terms of four years which shall end on December 31, 2024. (2) The terms of office of the members of the board of education from Posts 2 and 4 elected in 2016 shall continue in office for the terms and posts to which they were elected and until their successors are elected and qualified as provided herein. Successors to such members from Posts 2 and 4 shall be elected in the 2020 nonpartisan election and shall take office on January 1, 2021, for terms of two years which shall end on December 31, 2022. (3) Thereafter, successors to the members of the board of education whose terms are to expire shall be elected at the time of the nonpartisan election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. (4) The members of the board shall serve for the terms of office specified in this subsection and until their respective successors are elected and qualified. (e) The members of the board shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' in nonpartisan elections as provided in Code Section 21-2-139. (f) Vacancies on the board shall be filled as provided by law.

SECTION 2. (a) The amendment to the Constitution of Georgia creating a new board of education for Chattahoochee County, approved March 25, 1958 (Ga. L. 1958, p. 603), which was continued under the 1983 Constitution of the State of Georgia by an Act approved March 20, 1986 (Ga. L. 1986, p. 4311), is hereby repealed. (b) The Act continuing that constitutional amendment proposed by Resolution Act No. 172 (Senate Resolution No. 88) of the General Assembly (Ga. L. 1958, p. 603), relating to creation of a new board of education for Chattahoochee County, approved March 20, 1986 (Ga. L. 1986, p. 4311), is hereby repealed.

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SECTION 3. The election superintendent of Chattahoochee County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Chattahoochee County for approval or rejection. 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 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 Chattahoochee County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which reconstitutes the Chattahoochee County Board of Education with staggered terms for members and repeals the
( ) NO amendment to the Constitution of Georgia creating a new board of education for Chattahoochee 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, Sections 1 and 2 of this Act shall become of full force and effect on January 1, 2017. If this 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 January 1, 2017. The expense of such election shall be borne by Chattahoochee County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
At the request of the Chatthoochee County Board of Education, notice is hereby given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to reconstitute the board of education for Chattahoochee County with staggered terms for members and repeal the amendment to the Constitution of Georgia creating a new board of education for Chattahoochee County; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Mike Cheokas, Representative from District 138, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached.

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(2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Journal, which is the official organ of Chattahoochee County, on the 24th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ MIKE CHEOKAS Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 7th of March, 2016, Before me:

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

Approved May 3, 2016.

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HOUSTON COUNTY STATE COURT; CLERK; APPOINTED POSITION.

No. 583 (House Bill No. 1130).

AN ACT

To amend an Act to create and establish the State Court of Houston County, approved February 28, 1975 (Ga. L. 1975, p. 2584), as amended, so as to change the office of the clerk of the state court to an appointed position; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to create and establish the State Court of Houston County, approved February 28, 1975 (Ga. L. 1975, p. 2584), as amended, is amended by revising Section 13 as follows:
"Section 13. There shall be a clerk of said State Court of Houston County. The elected term of the individual serving in the office of the clerk on January 1, 2016, shall continue until the end of said elected term or until a vacancy in office occurs. Upon the end of said elected term or a vacancy in said office and thereafter, the clerk shall be appointed by the governing authority of Houston County and shall serve at the pleasure of same. The clerk shall be compensated at an annual salary to be fixed by the governing authority of Houston County. The salary so fixed by the governing authority shall be paid from county funds."

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 2016 session of the General Assembly of Georgia a bill to amend an Act to create and establish the State Court of Houston County, approved February 28, 1975 (Ga. L. 1975, p. 2584), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Buddy Harden, Representative from District 148, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached.

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(2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Houston Home Journal, which is the official organ of Houston County, on the 5th of March in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ BUDDY HARDEN Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of March in the year 2016, Before me:

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

Approved May 3, 2016.

__________

CITY OF LUMPKIN NEW CHARTER.

No. 584 (House Bill No. 1133).

AN ACT

To provide a new charter for the City of Lumpkin; to provide for incorporation, boundaries, powers, and construction; to provide for a governing authority, its number, elections, terms,

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qualifications, filling of vacancies, compensation and expenses, conflicts of interest, inquiries and investigations, power and authority, eminent domain, meetings, procedural rules, quorum, voting and abstention, ordinances, emergencies, technical codes, powers and duties of the mayor, a mayor pro tempore, powers and duties of a city manager, removal of the city manager, limitations on interference with administration by the city council; to provide for city departments, boards, commissions, authorities, a city attorney, a city clerk, a chief of police, and personnel policies; to provide for a municipal court, municipal judges, convening, jurisdiction and powers, certiorari, rules, and indigent defense; to provide for elections, special elections, and removal of officers; to provide for taxes, regulatory fees and permits, franchises, service charges, special assessments, collection of delinquent taxes and fees, bonds, short-term loans, lease-purchase contracts, a fiscal year, budgets, tax levies, changes in appropriations, audits, contracting procedures and purchasing, and sale and lease of property; to provide for bonds for officials, prior ordinances, and existing personnel and officers; to provide for pending matters; to provide for construction and 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.
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 Lumpkin" 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 hall and shall be identified by the city clerk as the 'Official Map of the Corporate Limits of the City of Lumpkin, 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 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.

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SECTION 1.12. Powers and construction.

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

SECTION 1.13. Specific powers.

The city shall have the following powers: (1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of the same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter or for municipalities by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property inside or outside the corporate limits of the city for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures provided by the Official Code of Georgia Annotated as the same shall exist from time to time; (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

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reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law relating to fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services or to whom such services are available; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to 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 powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter and the laws of the State of Georgia;

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(18) Municipal property ownership. To acquire, dispose of, lease, option, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside 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 power 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 regulations 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 police and fire-fighting agencies; (25) Public hazards removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under procedures provided by the Official Code of Georgia Annotated as the same shall exist from time to time; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations 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;

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(30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan and other employee benefit plans and programs for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish, change the grade of, abandon 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; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sanitary sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse; to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items; (35) Special areas of public regulation. To the extent allowed by general law, to regulate or prohibit junk dealers, pawn shops, and the manufacture, sale, or transportation of intoxicating liquors; to regulate the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and flammable materials and the use of lighting and heating equipment; to regulate any other business or situation which the city may deem to be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders and theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors. (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs 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;

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(39) Taxicabs. To the extent allowed by general law, to regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.14. Exercise of powers.

All powers, functions, rights, privileges, and immunities of the city and its officers, agencies, or employees shall be carried into execution as provided by this charter. Regarding any matter for which 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 established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter.

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SECTION 2.11. City council terms and qualifications for office.

(a) The six members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. The councilmembers who hold Posts 1, 2, and 3 shall be elected in the same odd-numbered year. The mayor and councilmembers who hold Posts 4, 5, and 6 shall be elected in the alternating odd-numbered year. (b) Post 1 is the office currently held by Flossie Brown. Post 2 is the office currently held by Debbie Stone. Post 3 is the office currently held by Nikita Seay. Post 4 is the office currently held by Barbara Culleter. Post 5 is the office currently held by Mitzi House. Post 6 is the office currently held by Daryl Wilson. (c) No person shall be eligible to serve as councilmember unless that person shall have been a resident of the city for one year prior to the date of election, and such person shall continue to reside within the city during that member's period of service and shall be registered and qualified to vote in municipal elections of this city. (d) No person shall be eligible to serve as councilmember unless that person is at least 21 years of age, has obtained a high school diploma or its equivalent, and has no prior felony convictions at the time of qualification.

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 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 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, such vacancy shall be filled by an election as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated, or other such laws as are or may hereafter be enacted. (c) This section shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember.

SECTION 2.13. Compensation and expenses.

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

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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. (c) No person who is an elected officer, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of the official's judgment or action in the performance of those official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of the official's judgment or action in the performance of those official duties; (3) Disclose confidential information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the Official Code of Georgia Annotated concerning the property, governance, or affairs of the governmental body by which the person is engaged without proper legal authorization or use such information to advance the financial or other private interests of the person 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 the person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the 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 person has a financial interest. (d) Any elected officer, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private financial interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected officer, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial

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interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (e) No elected officer, 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. (f) 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. (g) Unless 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 he or she was elected. No former mayor and no former councilmember shall hold any appointive office in the city until one year after the expiration of the term for which he or she was elected. (h) No appointed officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon qualifying for or election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and the city council either immediately upon election or at any time such conflict may arise. (i) Any city officer or employee who knowingly conceals a financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. Any officer or employee of the city who shall forfeit an office or position as described in this section 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, following the adoption of an authorizing resolution, request an official inquiry or investigation into the affairs of the city and of any department, office, or agency of the city 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 by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter. (b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the city 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 and playgrounds, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, cultural, 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 for in the future.

SECTION 2.18. Organizational meetings.

Newly elected councilmembers, at a regularly scheduled meeting, shall be presented to the city council to have the oath of office administered. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected mayor and councilmembers by a judicial officer authorized to administer oaths and shall, to the extent that it comports with federal and state law, be as follows:
"I do solemnly swear or affirm that I will faithfully execute the office of [councilmember or mayor, as the case may be] of the City of Lumpkin, 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 Lumpkin. 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

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Constitution and laws of Georgia. I have been a resident of the City of Lumpkin 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 Lumpkin to the best of my ability without fear, favor, affection, reward, or expectation thereof."

SECTION 2.19. Regular and special meetings.

(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally or by telephone at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Chapter 14 of Title 50 of the Official Code of Georgia Annotated or such other applicable laws as are or may be hereafter 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 of public record. (b) All committees and committee chairs and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.

SECTION 2.21. Quorum; voting; abstention.

(a) The mayor and three councilmembers or four councilmembers other than the mayor shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by oral vote, and the vote shall be recorded in the journal; but any member of the city council shall have the right to request a roll-call vote, and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the

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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 an affirmative or negative vote by the mayor constitutes a majority of three votes. An abstention shall not be counted as either an affirmative or negative vote. (b) No member of the city council shall abstain from voting on any matter properly brought before the council for official action except when such councilmember has a conflict of interest which is disclosed in writing prior to or at the meeting and made a part of the minutes. Any member of the city council present and eligible to vote on a matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of interest shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the matter.

SECTION 2.22. Ordinance form; procedures.

(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Lumpkin," and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish. Except for emergency ordinances, all ordinances shall have two separate readings; provided, however, the city council may dispense with the second reading with the unanimous consent of the members present. Upon introduction of any ordinance, the city clerk shall as soon as possible distribute a copy to the mayor and each councilmember and shall file a reasonable number of copies in the office of the city clerk and at such other public places as the city council may designate.

SECTION 2.23. Action requiring an ordinance.

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

SECTION 2.24. Emergencies.

(a) To meet a public emergency affecting life, health, safety, 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

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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 at least four councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. (c) 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. (d) 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 Chapter 14 of Title 50 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 procedures and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:
(1) The requirements of Section 2.22 of this charter pertaining to distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the city clerk for inspection by the public.

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

(a) The city clerk shall authenticate by his or her signature and record in full, in a properly indexed book kept for that purpose, all ordinances adopted by the city 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 the City of Lumpkin, 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 to be 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; eligibility; forfeiture of office.

The mayor shall be elected and serve for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector of this city, be at least 21 years of age, have obtained a high school diploma or its equivalent, have no prior felony convictions at the time of qualification, and have been a resident of the city for one year preceding the election. The mayor shall continue to reside in this city during his or her period of service. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers.

SECTION 2.28. Powers and duties of mayor.

The mayor shall: (1) Preside at all meetings of the city council, participate in the discussion of all matters brought before the city council, count toward a quorum of members, and vote in the event of a tie vote of the councilmembers; (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;

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(4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Appoint all committees, commissions, and authorities of the city unless otherwise provided by law or ordinance; and (6) Fulfill such other executive and administrative duties as the city council shall establish by ordinance.

SECTION 2.29. Mayor pro tempore; selection; duties.

By a majority vote, 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 provided in this section.

SECTION 2.30. City manager; appointment; qualifications; compensation.

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

SECTION 2.31. Duties of the city manager.

The city manager shall be the chief executive and administrative officer of the city. The city manager shall be responsible to the city council for the administration of all city affairs placed in his or her charge by or under this charter. As the chief executive and administrative officer, the city manager shall:
(1) Appoint all city employees and administrative officers and, when the city manager deems it necessary for the good of the city, suspend or remove such employees or officers, except as otherwise provided by law or ordinances adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in such officer's department, office, or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law;

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(3) Attend all city council meetings except for closed meetings held for the purpose of deliberating on the appointment, discipline, or removal of the city manager and have the right to take part in discussion but shall not vote; (4) See that all laws, provisions of this charter, and acts of the city council subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the city council; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to the city manager's direction and supervision; (8) Keep the city council fully advised as to the financial condition and future needs of the city and make such recommendations to the city council concerning the affairs of the city as the city manager deems desirable; and (9) Perform such other duties as are specified in this charter or as may be required by the city council.

SECTION 2.32. Removal of city manager.

(a) The city manager shall be employed at-will and may be summarily removed from office at any time by the city council. (b) The city council may remove the city manager from office in accordance with the following procedures:
(1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which shall state the reasons for removal and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager. (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 within 30 days after the request is filed. The city manager may file with the city council a written reply not later than five days before the hearing. (3) If the city manager has not requested a public hearing within the time specified in paragraph (2) of this subsection, the city council may adopt a final resolution for removal, which shall be made effective immediately by an affirmative vote of a majority of all its members. If the city manager has requested a public hearing, the city council may adopt a final resolution for removal at any time after the public hearing, which removal shall be made effective immediately upon an affirmative vote of a majority of all its members. (c) The city manager may continue to receive a salary until the effective date of a final resolution of removal.

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SECTION 2.33. City council interference with administration.

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

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

(a) Except as otherwise provided in this charter, the city council shall prescribe by ordinance the functions 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 the city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city under the supervision of the city manager shall be appointed by the city manager solely on the basis of their respective administrative and professional qualifications. All directors of departments and other appointed officers of the city under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the city council and shall be employees at-will subject to removal or suspension at any time. The city manager shall have the authority to remove employees under his or her control, and the city council shall have the authority to remove individuals it appoints. (c) All appointed officers and directors of departments and agencies shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city council, be responsible for the administration and direction of the affairs and operations of that director's department or agency.

SECTION 3.11. Boards, commissions, and authorities.

(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof.

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(b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council may provide by ordinance for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in this city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this section for original appointment, except as otherwise provided by this charter or by law. (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 that member to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All members of any board, commission, or authority 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 applicable state law, each board, commission, or authority of the city 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 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 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 assistant attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney.

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SECTION 3.13. City clerk.

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

SECTION 3.14. Police chief.

The police chief shall be the executive officer of the Lumpkin Police Department, subordinate only to the mayor and the city council, and as such shall be responsible for the day-to-day management and operation of the police department. The police chief shall have the authority to discharge or suspend any employee of the police department, including without limitation police officers, after notifying the mayor of the intention to do so.

SECTION 3.15. Personnel policies.

All employees serve at-will and may be removed from office at any time unless otherwise provided by ordinance. The city shall adopt a personnel policy which shall be provided to all employees.

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 Lumpkin.

SECTION 4.11. Chief judge; associate judge.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or standby judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person has attained the age of 21 years and possesses all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance.

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(d) Judges serve at-will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, administered 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 as required in Section 2.20 of this charter.

SECTION 4.12. Convening.

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

SECTION 4.13. Jurisdiction; powers.

(a) The municipal court shall have jurisdiction and authority to try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) For each offense committed within its jurisdiction, the municipal court may impose a punishment consisting of a fine not exceeding $1,000.00, imprisonment for 180 days, or it may impose 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 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 bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.

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(f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.

SECTION 4.14. Certiorari.

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

SECTION 4.15. Rules for court.

With the approval of the city council, the judge of municipal court shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, 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 city council shall have the power and authority to provide for a system of defense for indigent persons charged in the municipal court with violations of ordinances or state laws and for the prosecution of such cases by a prosecutor. The mayor and 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 SECTION 5.10. Applicability of general law.

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

SECTION 5.11. Election districts.

(a) On the Tuesday next following the first Monday in November, 2017, and every four years thereafter, successors to the Post 1, Post 2, and Post 3 councilmembers shall be elected for a term of office of four years and until their respective successors are elected and qualified. (b) On the Tuesday next following the first Monday in November, 2019, and every four years thereafter, the mayor and successors to the Post 4, Post 5, and Post 6 councilmembers shall be elected for a term of office of four years and until their respective successors are elected and qualified. (c) All persons elected to such offices shall take office on January 1 immediately following the date of the municipal election.

SECTION 5.12. Nonpartisan elections.

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

SECTION 5.13. Elections by majority.

The person receiving a majority of the votes cast for any city office shall be elected.

SECTION 5.14. Special elections; vacancies.

In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council, or those councilmembers remaining, shall appoint a successor for the remainder of the term, provided that less than six months remain in the unexpired term. If six months or more remain, a special election shall be held and

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conducted in accordance with the Chapter 2 of Title 21, the ''Georgia Election Code,'' as now or hereafter amended.

SECTION 5.15. Other provisions.

Except as otherwise provided by this charter, the city council shall by ordinance prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," as now or hereafter amended.

SECTION 5.16. Removal of officers.

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

ARTICLE VI FINANCE
SECTION 6.10. Property tax.

The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax shall be for the purpose of raising revenues to defray the costs of operating the city government and providing governmental services, the repayment of principal and

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interest on general obligations, and any other public purpose as determined by the city council in its discretion.

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

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

SECTION 6.12. Occupational and business taxes.

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

SECTION 6.13. Regulatory fees; permits.

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

SECTION 6.14. Franchises.

(a) The city council shall have the power to grant franchises for the use of the city's streets, roads, alleys, and walkways 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 of, 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

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registration book kept by the city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council shall have the authority to impose a tax on gross receipts for the use of the city's streets, roads, alleys, and walkways for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.

SECTION 6.15. Service charges.

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

SECTION 6.16. Special assessments.

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

SECTION 6.17. Construction; other taxes and fees.

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

SECTION 6.18. Collection of delinquent taxes and fees.

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

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SECTION 6.19. General obligation bonds.

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

SECTION 6.21. Short-term loans.

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

SECTION 6.22. Lease-purchase contracts.

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

SECTION 6.23. Fiscal year.

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

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SECTION 6.24. Preparation of budgets.

The city council shall provide by ordinance for 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 city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The operating 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 deemed necessary. 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 city manager, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the first day of such 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

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

SECTION 6.27. Tax levies.

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

SECTION 6.28. Change in appropriations.

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

SECTION 6.29. 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 government may be accepted as satisfying the requirements of this section. Copies of annual audit reports shall be available at printing costs to the public.

SECTION 6.30. Contracting procedures.

No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted 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 in accordance with Section 2.20 of this charter.

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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) To the extent authorized by Chapter 7 of Title 32 of the Official Code of Georgia Annotated and Chapter 37 of Title 36 of the Official Code of Georgia Annotated, 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) To the extent authorized by Chapter 7 of Title 32 of the Official Code of Georgia Annotated and Chapter 37 of Title 36 of the Official Code of Georgia Annotated, whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.

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

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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. (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

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legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.

SECTION 7.16. Specific repealer.

An Act to provide a new charter for the City of Lumpkin, approved May 11, 2009 (Ga. L. 2009, p. 4317), is hereby repealed.

SECTION 7.17. Effective date.

This Act shall become effective on July 1, 2016.

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 2016 session of the General Assembly of Georgia a bill to provide a new charter for the City of Lumpkin, and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Gerald Greene, Representative from District 151, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Stewart Webster Journal Patriot-Citizen, which is the official organ of Stewart County, on the 3rd of March in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or

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otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ GERALD GREENE Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of March in the year 2016, Before me:

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

Approved May 3, 2016.

__________

CITY OF POWDER SPRINGS ANNEXATION; DEANNEXATION.

No. 585 (House Bill No. 1134).

AN ACT

To amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 4167), so as to provide for annexation of certain property; to provide for deannexation of certain property; to provide for related matters; to repeal a certain act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. An Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 4167), is amended by revising Section 1.11 as follows:

"SECTION 1.11. Corporate boundaries.

(a)(1) The boundaries of this city shall be those existing on the effective date of the adoption of this charter and as may be annexed from time to time.
(2)(A) The boundaries of this city shall also include the following tracts and parcels: (i) Property located at 4400 Brownsville Road known as Brownsville Commons Shopping Center, as described in deeds recorded at Deed Book 4552, Page 3229 and Deed Book 13474, Page 3811, Cobb County, Georgia records and being Cobb County tax parcel no.19102700050 and 19102700230. (ii) All that tract or parcel of land lying and being in the 19th District, 2nd Section, Cobb County, Georgia and being a part of original Land Lots 825, 826, 877, 878, more particularly described as follows: Beginning at a point in the northwest corner of land lot 878; thence South along the Western land lot line of 878 to the center line of Powder Springs Creek; thence travel in the Southwesterly direction along the center line of Powder Springs Creek to the Easterly side of right of way of C.H. James Parkway; thence Southwesterly along the Easterly side of right of way of C.H. James Parkway to a point on the South land lot line of 878; thence East along the South land lot line of 878 and 877 to the Southeastern corner of 877; thence North along the Eastern land lot line of 877 to the center line of Powder Springs Creek; thence Southwest along the center line of Powder Springs Creek to the center of the fork at Florence Branch in Powder Springs Creek; thence Northwest along the center line of Florence Branch to a point on the Southwesterly right of way of Norfolk Southern Corp. Railway; thence Northwest along the Southwesterly right of way of Norfolk Southern Corp. Railway to a point at the Easterly side right of way C.H. James Parkway; thence South along the Eastern right of way of C.H. James Parkway to a point on a Northern land lot line of 878; and thence West along the Northern land lot line of 878 to a point in the Northwest Corner of land lot 878 and the point of beginning. Said property consists of Sweetwater Landing Subdivision Units I & II as per plat recorded in Plat Book 256, Page 78, and Plat Book 262, Page 71, Cobb County, Georgia records and the following tracts adjoining said subdivision; identified as Cobb County tax parcels 19082500080, 169082500030, 19087700210, 19087800010, 19087800030, and 19087800110. (iii) Tapp Middle School, located at 3900 Macedonia Road, and being described as Cobb County Tax Parcel 19072300020.

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(iv) That portion of Caley's Mill Subdivision Unit I lying and being in Land Lot 761 of the 19th District, 2nd Section as shown on plat recorded at Plat Book 123, Page 60, Cobb County, Georgia records. (v) All property located within Warren Farm Subdivision as shown and described on plat recorded at Plat Book 185, Page 97, Cobb County, Georgia records, and being located in land lots 735, 736, 745, and 746, of the 19th District, 2nd Section, Cobb County, Georgia. (vi) All property located within Arden Field Subdivision as shown and described on plat recorded at Plat Book 218, Page 86, Cobb County, Georgia, and being located in Land Lots 735, 736, 745 and 746 of the 19th District, 2nd Section, Cobb County, Georgia. (vii) All that tract or parcel being in Land Lot 1022 of the 19th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows:
Beginning at a point at the intersection of the center line of Powder Springs Creek and the Southern land lot line of 1022, also being the Point of Beginning; thence North and Northwesterly along the center line of Powder Springs Creek to a point at the Northeast corner of Springbrooke Estates Unit II, Phase II as per plat recorded in Plat Book 273, Page 355; thence leaving the center line of Powder Springs Creek South 28 degrees 28 minutes 26 seconds, West a distance of 114.26 feet; thence South 19 degrees 53 minutes 5 seconds East a distance of 174.00 feet; thence South 37 degrees 32 minutes 56 seconds East a distance of 90.63 feet; thence South 14 degrees 58 minutes 34 seconds West a distance of 73.42 feet; thence South 21 degrees 34 minutes 01 seconds East a distance of 67.69 feet; thence South 85 degrees 36 minutes 40 seconds East a distance of 52.01 feet; thence South 05 degrees 16 minutes 01 seconds West a distance of 87.15 feet; thence South 32 degrees 24 minutes 53 seconds East a distance of 59.90 feet; thence South 76 degrees 22 minutes 42 seconds East a distance of 110.99 feet; thence South 47 degrees 44 minutes 00 seconds East a distance of 39.00 feet to a point on the South land lot line of 1022; thence East along the South land lot of 1022 to Center Line of Powder Springs Creek being the Point of Beginning, and also being described as Cobb County Tax Parcel 19102200030. (viii) Property located at 4144 Old Austell Road, being described in deed recorded at Deed Book 12476, Page 233, Cobb County, Georgia records, and being Cobb County Tax Parcel 1909460030. (ix) The Powder Springs cemetery located on Old Austell Road, and being described as Cobb County Tax Parcel 19090400360. (x) The following properties located on Austell Powder Springs Road and being Cobb County Tax Parcels 19094600070 and 19094600300. (xi) The entire right of way of Powder Springs Road, from its intersection with Hopkins Road, to its intersection with Wildhorse Creek, together with those

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properties being described as Cobb County Tax Parcels 1908600040 and 19086800290. (xii) That property located west of Hopkins Road and being in Land Lots 759, 760, 795, and 796 of the 19th District, 2nd Section, Cobb County, Georgia, being Cobb County Tax Parcels 19076000020, 19079500020, 19079500010, and 19079600020. (xiii) That property east of and adjoining the Norfolk Southern Railroad right of way in Land Lot 949, of the 19th District, 2nd Section of Cobb County, Georgia, and being Cobb County Tax Parcels 19094900030 and 19094900300. (xiv) The entirety of the Silverbrooke Subdivision, as described in plat recorded at Plat Book 234, Page 44, Cobb County, Georgia records; and also the entirety of the Powder Springs Commons East development, as described in plat recorded at Plat Book 273, Page 206, Cobb County, Georgia records; and also the entirety of Commercial Tract 5, as described in plat recorded at Plat Book 271, Page 593; and also the following tracts identified as Cobb County Tax Parcels 19066200030, 19066200040, 19067200060, 19067200010, and 1907300050. (xv) The entirety of the Evergreen Park Subdivision as described in plat recorded at Plat Book 184, Page 85, Cobb County, Georgia records. (xvi) Property located at 4889 Hill Road, and contained within and known as Cobb County Tax Parcel 19095200030, as further described in deed recorded at Deed Book 14523; Page 325, Cobb County, Georgia records. (xvii) Property located at 5535 Powder Springs Dallas Rd, located in Land Lots 735, 746, 19th District, 2nd Section, Cobb County, Georgia and being Cobb County tax parcel no. 19074600050. (xviii) All property located within Powder Cove Subdivision as shown and described on plat recorded at Plat Book 156, Page 49, Cobb County, Georgia records, and being located in land lots 1021 and 1022, of the 19th District, 2nd Section, Cobb County, Georgia. (xix) Property located at 3411 Macedonia Road as described in Deed at Deed Book 4922, Page 522, and being further described as Cobb County Tax Parcel 19072000060. (xx) Property located at 4247 Macedonia Road as described in Deed at Deed Book 15114, Page 0400, Deed Book 15029 Page 4796 and Deed Book 14740 Page 4127 and being further described as Cobb County Tax Parcel 19075500010, more particularly described as follows:
BEGINNING at an iron pin on the southwesterly side of the right-of-way of Macedonia Road, which iron pin is located 119.9 feet southeasterly from the intersection of the southwesterly side of the right-of-way of Macedonia Road and the southeasterly side of the right-of-way of Springville Road, as measured along the southwesterly side of the right-of-way of Macedonia Road; running thence South 60 degrees, 57 minutes, 46 seconds East along the southwesterly side of the right-of-way of Macedonia Road a distanced of 120 feet to an iron pin; running

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thence South 04 degrees, 30 minutes, 01 seconds West a distance of 234.52 feel to an iron pin; running thence North 58 degrees, 28 minutes West a distance of 120 feet to an iron pin; running thence North 3 degrees, 56 minutes East a distance of 229.82 feet to an iron pin on the southwesterly side of the right-of-way of Macedonia Road at the POINT OF BEGINNING and being improved property having located thereon a residence known as 4247 Macedonia Road. according to the present system of numbering house in and about the City of Powder Spring, Georgia, and being made in accordance with a plat of survey made for the property of Denise Messina by Perry E, McClung, Georgia Registered Land Surveyor, No. 1541, dated October 9, 1995. (xxi) The following property located on Austell Powder Springs Road and being Cobb County Tax Parcel 19094600470 and described in Deed Book 14282, Page 3769 and more particularly described as follows: All that tract or parcel of land lying and being in Land Lot 946 of the 19th District and 2nd Section of Cobb County, Georgia and being designated as a 0.45 acre tract of land as described on that certain plat of survey for Richard Gomez and Robin W. Gomez as prepared by George Willis Crusselle, G.R.L.S. no. 1373 of the Crusselle Company, dated December 21. 2005. (xxii) The properties located on Austell Powder Springs Road, being Cobb County Tax Parcels 19094600280 and 19094600020. (xxiii) The properties located on Lewis Road, being Cobb County Tax Parcels 19094900410 and 19094900340. (xxiv) The property located on Oglesby Road and being Cobb County Tax Parcel 19105000010 and recorded in Deed Book 14234 Page 6221 and Deed Book 14141 Page 4120. (xxv) All property located within Ashleigh Parc Condominiums as shown and described on plat recorded at Plat Book 13, Page 8, Cobb County, Georgia records, and being located in land lots 867, of the 19th District, 2nd Section, Cobb County, Georgia. (xxvi) All property located within Bagley Forest subdivision as shown and described on plat recorded at Plat Book 229, Page 25, Cobb County, Georgia records, and being located in land lots 683, of the 19th District, 2nd Section, Cobb County, Georgia. (xxvii) All property located within Cameron Springs subdivision, including Phase 1 as shown and described on plat recorded at Plat Book 275, Page 155, Cobb County, Georgia records; and Phase 2 as shown and described on plat recorded at Plat Book 275, Page 160, Cobb County, Georgia records; and being located in land lots 807, 808, 820, and 821, of the 19th District, 2nd Section, Cobb County, Georgia. (xxviii) All property located within Akins Ridge subdivision as shown and described on plat recorded at Plat Book 178, Page 55, Cobb County, Georgia records, and being located in land lots 949, 978, 979, and 1021 of the 19th District, 2nd Section, Cobb County, Georgia.

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(xxix) All property located within Autumn Trace subdivision as shown and described on plat recorded at Plat Book 144, Page 70 Cobb County, Georgia records, and being located in land lots 834, 835, and 869 of the 19th District, 2nd Section, Cobb County, Georgia. (xxx) All property located within Caley's Mill subdivision, Unit 1 as shown and described on plat recorded at Plat Book 123, Page 60, Cobb County, Georgia records, and being located in land lots 720 and 761 of the 19th District, 2nd Section, Cobb County, Georgia. (xxxi) All property located within Country Cove subdivision, including Phase 1 as shown and described on plat recorded at Plat Book 142, Page 88, Cobb County, Georgia records; and Phase 2A as shown and described on plat recorded at Plat Book 130, Page 76, Cobb County, Georgia records; and Phase 2B as shown and described on plat recorded at Plat Book 133, Page 81, Cobb County, Georgia records; and Phase 3 as shown and described on plat recorded at Plat Book 138, Page 67, Cobb County, Georgia records; and being located in land lot 676 of the 19th District, 2nd Section, Cobb County, Georgia. (xxxii) All property located within Elliot Quarters subdivision, Phase 1 as shown and described on plat recorded at Plat Book 115, Page 46, Cobb County, Georgia records; and all property located within Elliot Quarters subdivision, Phase 2 as shown and described on plat recorded at Plat Book 135, Page 22, Cobb County, Georgia records; and being located in land lots 599, 659, and 660 of the 19th District, 2nd Section, Cobb County, Georgia. (xxxiii) All property located within Liberty Oaks subdivision as shown and described on plat recorded at Plat Book 194, Page 26, Cobb County, Georgia records, and being located in land lots 806, 807, 822, and 823 of the 19th District, 2nd Section, Cobb County, Georgia. (xxxiv) All property located within Evergreen Park subdivision as shown and described on plat recorded at Plat Book 184, Page 85, Cobb County, Georgia records, and being located in land lots 659 and 660 of the 19th District, 2nd Section, Cobb County, Georgia. (xxxv) All property located within Lost Mountain Lakes subdivision, Unit 1 as shown and described on plat recorded at Plat Book 200, Page 90, Cobb County, Georgia records; property located within Lost Mountain Lakes subdivision, Unit 2 as shown and described on plat recorded at Plat Book 271, Page 621, Cobb County, Georgia records; and being located in land lots 655 and 678 of the 19th District, 2nd Section, Cobb County, Georgia. (xxxvi) All property located within Paddocks West subdivision, including Unit 1 as shown and described on plat recorded at Plat Book 120, Page 28, Cobb County, Georgia records; and Unit 2 as shown and described on plat recorded at Plat Book 136, Page 57, Cobb County, Georgia records; and Unit 3 as shown and described on plat recorded at Plat Book 157, Page 16; and Unit 4 as shown and

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described on plat recorded at Plat Book 164, Page 96, Cobb County, Georgia records; and being located in land lots 585, 586, 599, and 600, of the 19th District, 2nd Section, Cobb County, Georgia. (xxxvii) All property located within Pine Bluff subdivision, including Unit 1 as shown and described on plat recorded at Plat Book 156, Page 4, Cobb County, Georgia records; and Unit 2 as shown and described on plat recorded at Plat Book 163, Page 51, Cobb County, Georgia records; and being located in land lots 835, 836, and 837, of the 19th District, 2nd Section, Cobb County, Georgia. (xxxviii) All property located within Platinum Creek subdivision as shown and described on plat recorded at Plat Book 138, Page 97, Cobb County, Georgia records, and being located in land lots 867 and 868 of the 19th District, 2nd Section, Cobb County, Georgia. (xxxix) All property located within Preston Place subdivision as shown and described on plat recorded at Plat Book 175, Page 2, Cobb County, Georgia records, and being located in land lots 908 of the 19th District, 2nd Section, Cobb County, Georgia. (xl) All property located within Sharon Place subdivision as shown and described on plat recorded at Plat Book 118, Page 32, Cobb County, Georgia records, and being located in land lots 907 of the 19th District, 2nd Section, Cobb County, Georgia. (xli) All property located within Whispering Pines subdivision as shown and described on plat recorded at Plat Book 203, Page 20, Cobb County, Georgia records, and being located in land lots 1021 of the 19th District, 2nd Section, Cobb County, Georgia. (xlii) All property located within Warren Creek subdivision, Unit 2 as shown and described on plat recorded at Plat Book 202, Page 87, Cobb County, Georgia records, and being located in land lots 736 and 745 of the 19th District, 2nd Section, Cobb County, Georgia. (xliii) All property located within the Vineyards at New Macland subdivision as shown and described on plat recorded at Plat Book 255, Page 91, Cobb County, Georgia records, and being located in land lots 651 of the 19th District, 2nd Section, Cobb County, Georgia. (xliv) All property located within The Courtyard at Silver Springs Village subdivision as shown and described on plat recorded at Plat Book 210, Page 2, Cobb County, Georgia records, and being located in land lots 802, 803, 826, and 827 of the 19th District, 2nd Section, Cobb County, Georgia. (xlv) All property located within New Towne Place subdivision as shown and described on plat recorded at Plat Book 122, Page 56, Cobb County, Georgia records, and being located in land lots 948 of the 19th District, 2nd Section, Cobb County, Georgia. (xlvi) All property located within Rosewood Park residential community as shown and described on plat recorded at Plat Book 211, Page 63, Cobb County, Georgia records; and Phase 2 as shown and described on plat recorded at Plat Book 221,

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Page 68, Cobb County, Georgia records; and being located in land lots 719 and 720 of the 19th District, 2nd Section, Cobb County, Georgia. (xlvii) All property located within Villas of Seven Springs West Condominium as shown and described on plat recorded at Plat Book 18, Page 293, Cobb County, Georgia records, and being located in land lots 1025 and 1048 of the 19th District, 2nd Section, Cobb County, Georgia. (xlviii) All property located within Country Walk subdivision, including Unit 1 as shown and described on plat recorded at Plat Book 139, Page 1, Cobb County, Georgia records; and Unit 2 as shown and described on plat recorded at Plat Book 140, Page 88, Cobb County, Georgia records; and Unit 3 as shown and described on plat recorded at Plat Book 127, Page 14; and Unit 4 as shown and described on plat recorded at Plat Book 137, Page 24, Cobb County, Georgia records; and being located in land lots 677, 678, 729, and 730, of the 19th District, 2nd Section, Cobb County, Georgia. (xlix) All property located within Springbrooke Estates subdivision, including Unit 1, Phase 1 as shown and described on plat recorded at Plat Book 261, Page 67, Cobb County, Georgia records; and Unit 2, Phase 1 as shown and described on plat recorded at Plat Book 260, Page 90, Cobb County, Georgia records; and Unit 2, Phase 2 as shown and described on plat recorded at Plat Book 273, Page 355, Cobb County, Georgia records; and being located in land lots 1023, 1024, 1049, and 1050, of the 19th District, 2nd Section, Cobb County, Georgia. (l) All property located within Steeplechase subdivision, including Unit 1 as shown and described on plat recorded at Plat Book 109, Page 41, Cobb County, Georgia records; and Unit 1A as shown and described on plat recorded at Plat Book 109, Page 40, Cobb County, Georgia records; and Unit 2 as shown and described on plat recorded at Plat Book 131, Page 56, Cobb County, Georgia records; and Unit 3 as shown and described on plat recorded at Plat Book 139, Page 18, Cobb County, Georgia records; and being located in Land Lots 974 and 1025, of the 19th District, 2nd Section, Cobb County, Georgia. (li) All property located within Aiken's Mill subdivision, Unit 2 as shown and described on plat recorded at Plat Book 165, Page 54, Cobb County, Georgia records, and being located in Land Lots 904, 947, and 948 of the 19th District, 2nd Section, Cobb County, Georgia. (lii) All property located within Morningside subdivision, including Unit 1 as shown and described on plat recorded at Plat Book 132, Page 92, Cobb County, Georgia records; and Unit 2 as shown and described on plat recorded at Plat Book 142, Page 62, Cobb County, Georgia records; and Unit 3 as shown and described on plat recorded at Plat Book 156, Page 53; and Unit 4 as shown and described on plat recorded at Plat Book 156, Page 54, Cobb County, Georgia records; and being located in land lots 946, 947, 948, 977, 978, 1021, and 1022, of the 19th District, 2nd Section, Cobb County, Georgia.

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(liii) All property located within the Ponderosa subdivision as shown and described in Plat Book 27, Page 87. (B) Roads or Portions of Roads. The following roads or portions of roads adjoining or in proximity to the city limits of Powder Springs, Georgia: (i) The entire right of way of Brownsville Road, from its intersection with Marietta Street to its intersection with Hiram Lithia Springs Road. (ii) The entire right of way of Powder Springs Road, from its intersection with Marietta Street to a point thereon opposite and adjoining the southeast corner of Cobb County Tax Parcel 19086600015. (iii) The entire right of way of C.H. James Pkwy, from its intersection with Oglesby Road to its intersection with the Paulding County Line. (iv) The entire right of way of Austell Powder Springs Road, from its intersection with Marietta Street to its intersection with Sharon Drive. (v) The entire right of way of Florence Road, from its intersection with Powder Springs Dallas Road to a point thereon opposite and adjoining the northeast corner of Cobb County Tax Parcel 19067500017. (vi) The entire right of way of Old Lost Mountain Road, from its intersection with Powder Springs-Dallas Road to its intersection with Richard D. Sailors Parkway. (vii) The entire right of way of Shipp Road, from its intersection with Florence Road to its intersection with eastern boundary Land Lot 678. (viii) The entire right of way of Macedonia Road, from a point thereon opposite and adjoining the northwest corner of Cobb County Tax Parcel 19072600025 to its intersection with Red Rose Drive. (ix) The entire right of way of Richard D. Sailors Parkway, from its intersection with C. H. James Parkway to its intersection with Powder Springs Road. (x) The entire right of way of Lewis Road, from its intersection with C. H. James Parkway to its intersection with the Norfolk Southern Railroad. (3) The following property shall be deannexed and shall not be included in the boundary of the city: (A) Property located at 3267 Sharon Drive shall be deannexed and removed from the City Boundary, being Cobb County Tax Parcel number 19094500290 and being described in Deed Book 14597 Page 2978 and more particularly described as: All that tract or parcel of land lying and being in Land Lot 945 of the 19th District, 2nd Section of Cobb County, Georgia, being Lot 12, John S. Walton Property, as per plat recorded in Plat Book 25, Page 20, Cobb County, Georgia Records, which plat is incorporated herein by reference thereto. (B) Property located at Sharon Drive being Cobb County Tax Parcel number 19094500300 and being described in Deed Book 3674 Page 129 and more particularly described as:

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All that tract or parcel of land lying and being in Land Lot 945 of the 19th District, 2nd Section, Cobb County, Georgia and being known as Lot 11 of Property of John S. Walton, as per plat recorded in Plat Book 25, page 20, Cobb County records."

SECTION 2. An Act approved April 10, 2014 (Ga. L. 2014, p. 4167) is hereby repealed.

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 2016 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 4167); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, David Wilkerson, Representative from District 38, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Marietta Daily Journal, which is the official organ of Cobb County, on the 19th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

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s/ DAVID WILKERSON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 7th of March, 2016, Before me:

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

Approved May 3, 2016.

__________

CITY OF KENNESAW CORPORATE BOUNDARIES.

No. 586 (House Bill No. 1135).

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) and by an Act approved May 6, 2015 (Ga. L. 2015, p. 3737), so as to change provisions relating to the corporate limits of the city; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a new charter for the City of Kennesaw, approved May 6, 2013 (Ga. L. 2013, p. 4234), as amended, is amended in Section 1.02, as described in an Act approved April 10, 2014 (Ga. L. 2014, p. 4106), by designating the text in subsection (c) as paragraph (1) of subsection (c).

SECTION 2. An Act creating a new charter for the City of Kennesaw, approved May 6, 2013 (Ga. L. 2013, p. 4234), as amended, is amended in Section 1.02, as described in an Act

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approved May 6, 2015 (Ga. L. 2015, p. 3737), by designating the text in subsection (c) as paragraph (2) of subsection (c).

SECTION 3. Said Act is further amended in subsection (c) of Section 1.02 by adding a new paragraph to read as follows:
"(3) Notwithstanding any other provision of this charter or any annexation ordinance adopted heretofore by the governing authority of the City of Kennesaw, the corporate territory of the City of Kennesaw shall no longer contain the following described parcel of land:
All that tract or parcel of land lying and being in Land Lot 164, 20th District, 2nd Section of Cobb County Georgia, being more particularly described as follows:
BEGIN at the point of intersection of Land Lots 164, 165, 178, and 179, aforesaid District, Section, and County, and from said point, thence North 01 Degrees 55 Minutes 32 Seconds East, along the east land lot line of Land Lot 164, a distance of 165 feet to an iron pin; thence South 86 Degrees 42 Minutes 47 Seconds West, a distance of 28.03 feet to an iron pin; thence North 00 Degrees 40 Minutes 26 Seconds West, a distance of 162.22 feet to an iron pin and the TRUE POINT OF BEGINNING of the tract of land hereinafter described; thence from said TRUE POINT OF BEGINNING continuing North 00 Degrees 40 Minutes 26 Seconds West, a distance of 135.72 feet to an iron pin; thence South 59 Degrees 08 Minutes 02 Seconds West, a distance of 49.83 feet to an iron pin; thence South 04 Degrees 09 minutes 27 Seconds west, a distance of 110.57 feet to an iron pin; thence North 89 Degrees 51 Minutes 34 Seconds East, a distance of 52.38 feet to the TRUE POINT OF BEGINNING of the tract of land hereinabove described. The above described property contains 0.133 acre, and is more particularly shown and delineated on a plat of survey, dated March 26, 1999, prepared by Robert B. Betterton, Georgia Registered Land Surveyor # 2496, which said plat is by this reference incorporated into and made a part of the above description."

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 2016 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Kennesaw, approved May 6, 2013 (Ga. L. 2013, p. 4234), as amended; and for other purposes.

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AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Albert Reeves, Representative from District 34, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Marietta Daily Journal, which is the official organ of Cobb County, on the 5th of March in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ ALBERT REEVES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 7th of March in the year 2016, Before me:

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

Approved May 3, 2016.

__________

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CITY OF ROME COMMISSION; QUALIFICATIONS.

No. 587 (House Bill No. 1136).

AN ACT

To amend an Act creating a new charter for the City of Rome, approved August 19, 1918 (Ga. L. 1918, p. 813), as amended, particularly by an Act approved March 16, 1983 (Ga. L. 1983, p. 4188), an Ordinance adopted by the Rome City Commission June 15, 1987 (Ga. L. 1988, p. 5404), an Ordinance adopted by the Rome City Commission August 4, 1997 (Ga. L. 1998, p. 4849), and an Ordinance adopted by the Rome City Commission September 3, 2002 (Ga. L. 2004, p. 4756), so as to change qualifications for members of the governing authority to include residency in the ward in which they seek office; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a new charter for the City of Rome, approved August 19, 1918 (Ga. L. 1918, p. 813), as amended, particularly by an Act approved March 16, 1983 (Ga. L. 1983, p. 4188), an Ordinance adopted by the Rome City Commission June 15, 1987 (Ga. L. 1988, p. 5404), an Ordinance adopted by the Rome City Commission August 4, 1997 (Ga. L. 1998, p. 4849), and an Ordinance adopted by the Rome City Commission September 3, 2002 (Ga. L. 2004, p. 4756), is amended by revising subsection (a) of Section 3 as follows:
"(a) The governing and legislative authority of the city shall be vested in a commission of nine members. Three members of said commission from each ward of the city shall be elected by a plurality of the consolidated vote of the entire city. The members of said commission shall have attained the age of 21 years and shall have been residents of said city for at least 12 months next preceding their election. The members at the time of and during their continuance in office shall be bona fide residents and citizens of the city and the ward for which they are elected and must at the time of their qualification for election have been a registered voter and elector of the city at least 90 days prior to qualification for election, and have been a resident and citizen of the ward in which they seek office for at least 90 days prior to, and at the time of, qualification for election. Each member of said commission shall receive a salary of $8,400.00 per annum. At their first meeting, or as soon thereafter as possible, the members of said commission shall elect one of their members as mayor, who shall receive a salary of 110 percent of the salary of a city commissioner, and one as mayor pro tempore. The mayor, or in his or her absence the mayor pro tempore, shall preside over the deliberations of the commission and shall have the right to vote on all questions; shall preserve order and decorum at all meetings of the commission and shall enforce the rules of the body; shall have power to punish all persons

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for contempt of such rules; and shall perform all other duties incident to his or her office. Service of legal process directed to or against the city shall be served upon the mayor of the commission."

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

Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Rome, approved August 19, 1918 (Ga. L. 1918, p. 813), as amended, particularly by an Act approved March 16, 1983 (Ga. L. 1983, p. 4188), an Ordinance adopted by the Rome City Commission June 15, 1987 (Ga. L. 1988, p. 5404), an Ordinance adopted by the Rome City Commission August 4, 1997 (Ga. L. 1998, p. 4849), and an Ordinance adopted by the Rome City Commission September 3, 2002 (Ga. L. 2004, p. 4756); and for other purposes.
February 25, 2016
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Katie Dempsey, Representative from District 13, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Rome News-Tribune, which is the official organ of Floyd County, on the 25th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

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s/ KATIE M. DEMPSEY Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 3rd of March, 2016, Before me:

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

Approved May 3, 2016.

__________

CITY OF FAIRMOUNT CORPORATE LIMITS.

No. 588 (House Bill No. 1139).

AN ACT

To amend an Act to repeal and replace the Charter of the City of Fairmount, approved April 17, 1975 (Ga. L. 1975, p. 3136), as amended, so as to change the corporate limits of the city by annexing certain territory to the city; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to repeal and replace the Charter of the City of Fairmount, approved April 17, 1975 (Ga. L. 1975, p. 3136), as amended, is amended in Section 1.11 by adding a new subsection to read as follows:
"(a.1) In addition to all other territory contained in the city, the City of Fairmount shall include all of the following described property:
(1) The right of way of United States Highway 411/State Highway 61, as such existed on January 1, 2016, as it extends generally south from the southern boundary of the corporate limits of the City of Fairmount to the Bartow County line; and

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(2) The right of way of United States Highway 411/State Highway 61, as such existed on January 1, 2016, as it extends generally north from the northern boundary of the corporate limits of the City of Fairmount to the northerly right of way of Orr Mill Road."

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 2016 session of the General Assembly of Georgia a bill to amend an Act to repeal and replace the Charter of the City of Fairmount, approved April 17, 1975 (Ga. L. 1975, p. 3136), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Rick Jasperse, Representative from District 11, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Calhoun Times, which is the official organ of Gordon County, on the 5th of March in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ RICK JASPERSE Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 10th of March in the year 2016, Before me:

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

Approved May 3, 2016.

__________

TROUP COUNTY STATE COURT; JUDGE AND SOLICITOR-GENERAL; COMPENSATION.

No. 589 (House Bill No. 1145).

AN ACT

To amend an Act creating the State Court of Troup County, approved March 6, 1962 (Ga. L. 1962, p. 3020), as amended, so as to change the salaries of the judge of the state court and the solicitor-general of the state court; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the State Court of Troup County, approved March 6, 1962 (Ga. L. 1962, p. 3020), as amended, is amended by revising subsection (b) of Section 5 as follows:
"(b) The judge of the State Court of Troup County shall be a full-time judge within the meaning of Code Section 15-7-20 of the Official Code of Georgia Annotated and shall devote his or her full time to the duties of the office. Such judge shall be entitled to a base annual salary in an amount equal to 90 percent of the minimum salary provided by state law of a judge of the Superior Court of Troup County plus 90 percent of the Troup County supplement ('base salary'). The Troup County Board of Commissioners shall increase such annual base salary on the basis of longevity after a state court judge has completed three terms of office so that the state court judge would be entitled to 90 percent of the base annual salary plus 90 percent of the total of county supplements paid to superior court

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judges in the Coweta Judicial Circuit ('longevity salary'). Such salary shall be paid in equal monthly installments from the funds of Troup County."

SECTION 2. Said Act is further amended by revising subsection (c) of Section 6 as follows:
"(c) The solicitor-general of the State Court of Troup County shall be a full-time solicitor-general pursuant to Code Section 15-18-63 of the Official Code of Georgia Annotated and shall devote his or her full time to the duties of the office. Such solicitor-general shall be entitled to a base annual salary in an amount equal to 70 percent of the base salary of the state court judge, as identified in subsection (b) of Section 5 of this Act. The Troup County Board of Commissioners shall increase such annual base salary on the basis of longevity after a solicitor-general has completed three terms of office so that the solicitor-general would be entitled to 70 percent of the longevity salary, as identified in subsection (b) of Section 5 of this Act. Such salary shall be paid in equal monthly installments from the funds of Troup County. The solicitor-general and county paid personnel employed by the solicitor-general shall be entitled to be reimbursed for actual expenses incurred in the performance of their official duties in the same manner and rate as other county employees."

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 2016 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Troup County, approved March 6, 1962 (Ga. L. 1962, p. 3020), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Randy Nix, Representative from District 69, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the LaGrange Daily News, which is the official organ of Troup County, on the 12th of March in the year 2016; and

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(B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ RANDY NIX Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 14th of March in the year 2016, Before me:

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

Approved May 3, 2016.

__________

DEKALB COUNTY REGULATION OF LAND USE; AUDIT; PURCHASES.

No. 590 (House Bill No. 1146).

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 the regulation of land use; to provide for the completion of an audit by an outside auditor; to provide for purchases without sealed bid through an existing contract or schedule with a county, municipality, the

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State of Georgia or the federal government; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act 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 revising paragraph (10) of subsection (a) of Section 9 as follows:
"(10) To regulate land use by the adoption of a comprehensive development plan and by the adoption of other planning and zoning ordinances which relate reasonably to the public health, safety, morality, and general welfare of the county and its citizens; provided, however, that no planning or zoning ordinances shall become effective unless approved, prior to consideration and adoption by the governing authority, by the member or members of the Commission representing the district or super district in which the subject property is located."

SECTION 2. Said Act is further amended by revising subsection (c) of Section 10 as follows:
"(c) The outside auditor shall complete the audit in compliance with Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated each year, and, within ten days after its completion, the auditor shall deliver a copy of the audit to each commissioner, the Chief Executive, and the grand jury of the DeKalb County superior court then in session."

SECTION 3. Said Act is further amended by revising subsection (a) of Section 18 as follows:
"(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 the exception of the tax commissioner, clerk of the superior court, district attorney, and sheriff. Except as hereinafter provided, 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. Purchases exceeding $50,000.00 may be made without formal sealed bids from any vendor who, at the time of purchase, has an existing contract or schedule with a county or municipality if such contract was procured by a competitive process, or the State of Georgia or the federal government so long as all such purchases are made pursuant to the price, terms, and conditions of said contract and if the county receives all the benefits of such contract."

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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 2016 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; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Dar'shun Kendrick, Representative from District 93, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Champion, which is the official organ of DeKalb County, on the 10th of March in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ DAR'SHUN KENDRICK Affiant

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 14th of March, 2016, Before me:

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

Approved My 3, 2016.

__________

CITY OF BYRON BYRON CONVENTION AND VISITORS BUREAU AUTHORITY; STAFF; APPOINTMENT AND DUTIES OF DIRECTOR.

No. 591 (House Bill No. 1147).

AN ACT

To amend an Act to create the Byron Convention and Visitors Bureau Authority, approved April 4, 1997 (Ga. L. 1997, p. 3921), as amended, particularly by an Act approved May 11, 2009 (Ga. l. 2009, p. 4149), so as to revise the provisions regarding staff of the authority; to provide for the manner of appointment of a director; to provide for the duties of the director; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to create the Byron Convention and Visitors Bureau Authority, approved April 4, 1997 (Ga. L. 1997, p. 3921), as amended, particularly by an Act approved May 11, 2009 (Ga. l. 2009, p. 4149), is amended by revising Section 4 as follows:

"SECTION 4. The authority shall have the power to employ administrative employees, excluding a director, to staff its office and welcome center in order to respond to telephone and walk-in inquiries as may be necessary in the operation of the authority's activities. All other authority and responsibility to properly administer the business of the authority and its agencies as created in this Act, or as may be amended, shall be vested in a director to be

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appointed by the mayor and board of aldermen of the City of Byron, Georgia, within policies set by the board of aldermen of such city, with the advice of the authority, and subject to the review of such board of aldermen. The director may be an employee of the City of Byron. The director shall have full power to recommend to the authority the hiring and termination of employees. The authority shall have the power to establish the salary and compensation for its administrative employees, to be paid from funds it administers."

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 2016 session of the General Assembly of Georgia a bill to amend an Act to create the Byron Convention and Visitors Bureau Authority, approved April4, 1997 (Ga. L. 1997, p. 3921), as amended, particularly by an Act approved May 11, 2009 (Ga. l. 2009, p. 4149), so as to revise the provisions regarding staff of the authority; to provide for the manner of appointment of a director; to provide for the duties of the director; to provide for related matters; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Robert Dickey, Representative from District 140, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Leader-Tribune, which is the official organ of Peach County, on the 9th of March in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

s/ ROBERT DICKEY Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 14th of March, 2016, Before me:

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

Approved May 3, 2016.

__________

LIBERTY COUNTY BOARD OF EDUCATION; REIMBURSEMENT OF EXPENSES.

No. 592 (House Bill No. 1149).

AN ACT

To amend an Act creating the Board of Education of Liberty County, approved February 10, 1986 (Ga. L. 1986, p. 3542), as amended, particularly by an Act approved May 5, 2005 (Ga. L. 2005, p. 3661), so as to provide for reimbursement of expenses for the chairperson and members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Board of Education of Liberty County, approved February 10, 1986 (Ga. L. 1986, p. 3542), as amended, particularly by an Act approved May 5, 2005 (Ga. L. 2005, p. 3661), is amended by revising subsection (g) of Section 2 as follows:
"(g) The chairperson and members of the board of education shall receive the sum of $500.00 per month and the chairperson shall receive an additional sum of $210.00 per month. In addition, each member of the board of education may, after prior approval by the chairperson, or the chairperson may, after prior approval by one board member and after providing appropriate receipts or other supporting documentation, seek

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reimbursement for actual reasonable expenses necessarily incurred in connection with travel outside of Liberty County on official business for the county as required by the duties of his or her office. Distance of travel, when relevant, shall be measured from the then current main office of the board of education."

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 2016 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Education of Liberty County, approved December 10, 1986, p.3452), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Al Williams, Representative from District 168, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Coastal Courier, which is the official organ of Liberty County, on the 6th of March in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ AL WILLIAMS Affiant

4226

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 14th of March, 2016, Before me:

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

Approved May 3, 2016.

__________

SEMINOLE COUNTY BOARD OF COMMISSIONERS; COMPENSATION.

No. 593 (House Bill No. 1152).

AN ACT

To amend an Act establishing the Board of Commissioners of Seminole County, approved August 16, 1920 (Ga. L. 1920, p. 610), as amended, particularly by an Act approved March 2, 1978 (Ga. L. 1978, p. 3076), 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 establishing the Board of Commissioners of Seminole County, approved August 16, 1920 (Ga. L. 1920, p. 610), as amended, particularly by an Act approved March 2, 1978 (Ga. L. 1978, p. 3076), is amended by revising Section 3A as follows:
"Section 3A. Monthly compensation for the chairperson of the board for duties connected with the office of chairperson of the board and monthly compensation for other members of the board shall be $400.00; 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

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from the funds of Seminole County on an order drawn by the board and signed by the chairperson and the clerk."

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 2016 session of the General Assembly of Georgia a bill to amend an Act establishing the Board of Commissioners of Seminole County, approved August 16, 1920 (Ga. L. 1920, p. 610), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Winfred Dukes, Representative from District 154, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Donalsonville News, which is the official organ of Seminole County, on the 10th of March in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ WINFRED DUKES Affiant

4228

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 15th of March, 2016, Before me:

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

Approved May 3, 2016.

__________

GREENE COUNTY QUALIFICATIONS TO PARTICIPATE IN HEALTH INSURANCE PROGRAM; COVERAGES.

No. 594 (House Bill No. 1153).

AN ACT

To amend an Act to provide that certain officials of Greene County who have served at least 15 years in office may, upon leaving, continue to participate in the county health insurance program for themselves and their dependents by paying the total cost of such participation, approved May 16, 2007 (Ga. L. 2007, p. 3664), as amended, particularly by an Act approved April 24, 2013 (Ga. L. 2013, p. 3654), so as to clarify the qualifications for participation in such health insurance program; to clarify who is covered under such provision; to provide limits on coverages offered; to provide for related maters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide that certain officials of Greene County who have served at least 15 years in office may, upon leaving, continue to participate in the county health insurance program for themselves and their dependents by paying the total cost of such participation, approved May 16, 2007 (Ga. L. 2007, p. 3664), as amended, particularly by an Act approved April 24, 2013 (Ga. L. 2013, p. 3654), is amended by revising Section 1 of the Act as follows:

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"SECTION 1. Members of the Board of Commissioners of Greene County, the Clerk of the Superior Court of Greene County, the Judge of the Probate Court of Greene County, the Sheriff of Greene County, the Tax Commissioner of Greene County, and all full-time employees of Greene County shall be entitled after leaving office or employment to participate in and be covered by the health insurance plan provided by the county for county officers and employees, provided that such officer or employee shall have served at least 15 years in office or employment; provided, further, that he or she pays the total costs of such participation, including both the employee and employer premiums associated with such participation; and provided, further, that he or she was not separated from service with the county due to his or her commission of an illegal act that caused his or her separation. Such coverage shall extend to such officer or employee only, specifically shall exclude any spousal and dependent coverage, and shall only be extended until such officer or employee is eligible for Medicare insurance coverage regardless of whether or not he or she accepts coverage through Medicare. Such coverage shall only include health insurance and specifically shall exclude any other voluntary insurance products that may be available to employees of Greene County."

SECTION 2. All laws and part 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 2016 session of the General Assembly of Georgia a bill to amend an Act to provide that certain officials of Greene County who have served at least 15 years in office may, upon leaving, continue to participate in the county health insurance program for themselves and their dependents by paying the total cost of such participation, approved May 16, 2007 (Ga. L. 2007, p. 3664), as amended, particularly by an Act approved April 24, 2013 (Ga. L. 2013, p. 3654), so as to clarify the qualifications for participation in such health insurance program; to clarify who is covered under such provision; to provide limits on coverages offered; to provide for related matters; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Trey Rhodes, Representative from District 120, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Herald Journal, which is the official organ of Greene County, on the 25th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ TREY RHODES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 15th of March in the year 2016, Before me:

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

Approved May 3, 2016.

__________

GEORGIA LAWS 2016 SESSION

4231

DEKALB COUNTY COMMUNITY IMPROVEMENT DISTRICTS; ELECTION OF BOARD MEMBERS; LEVY OF TAXES: ADMINISTRATION.

No. 598 (House Bill No. 658).

AN ACT

To amend an Act creating one or more community improvement districts within DeKalb County, approved May 13, 2008 (Ga. L. 2008, p. 3817), as amended, so as to provide for election of board members and levy of taxes by certain municipal corporations; to change certain provisions relating to administration; to change certain provisions relating to taxes, fees, and 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 creating one or more community improvement districts within DeKalb County, approved May 13, 2008 (Ga. L. 2008, p. 3817), as amended, is amended by revising subsection (a) of Section 5 to read as follows:
"(a)(1) Except as otherwise provided in paragraph (2) of this subsection, each district created pursuant to this Act shall be administered by a board composed of at least seven board members to be appointed and elected as provided in this section. Two board members shall be appointed by the governing authority of DeKalb County should the district boundaries lie entirely within unincorporated DeKalb County. Should any of the district lie within the incorporated area of DeKalb County, only one board member shall be appointed by the governing authority of DeKalb County. One board member shall be appointed by the governing authority of each municipality within which any portion of the district lies. Two board members shall be elected by the vote of electors, and three members shall be elected by the vote of equity electors. The members representing electors and equity electors shall be elected to serve in post positions 1 through 5, respectively. Each elected board member must receive a majority of the votes cast for the post for which he or she is a candidate. Votes for Posts 1 and 2 shall be cast by electors and votes for Posts 3, 4, and 5 shall be cast by equity electors. The initial terms of office of the members representing Posts 1 and 4 shall be one year. The initial terms of office of the members representing Posts 2 and 5 shall be two years, and the initial term of office of the member representing Post 3 shall be three years. Thereafter, all terms of office shall be for three years. The appointed board members shall serve at the pleasure of the appointing authority.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(2) In addition to the requirements of paragraph (1) of this subsection, the board of any district described in paragraph (2) of subsection (a) of Section 6 of this Act shall include three additional board members representing and elected by the equity electors and serving in post positions 6, 7, and 8 for initial terms of one, two, and three years, respectively. Thereafter, all terms of office for the additional board members shall be for three years."

SECTION 2. Said Act is further amended by revising subsection (a) of Section 6 to read as follows:
"(a)(1) Except as otherwise provided in paragraph (2) of this subsection, 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 of the aggregate assessed value of all such real property. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the county or municipality as a whole. Any tax, fee, or assessment so levied shall be collected by DeKalb County in the same manner as taxes, fees, and assessments are levied by DeKalb County. Delinquent taxes shall bear the same interest and penalties as DeKalb County or municipal ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 1 percent of such proceeds, but not more than $25,000.00 in any one calendar year, shall be transmitted by DeKalb County to the board and shall be expended by the board only for the purposes authorized by this Act. (2) Regarding any district composed of property located wholly within a municipality that exceeds 130 acres, but is less than 140 acres, in size and that forms all or part of a tax allocation district of such municipality, the board of such district 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 the limitation provided for by Paragraph III of Section VII of Article IX of the Constitution of the State of Georgia. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties

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subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the county or municipality as a whole. Any tax, fee, or assessment so levied shall be collected by DeKalb County in the same manner as taxes, fees, and assessments are levied by DeKalb County. Delinquent taxes shall bear the same interest and penalties as DeKalb County or municipal ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 1 percent of such proceeds, but not more than $25,000.00 in any one calendar year, shall be transmitted by DeKalb County to the board and shall be expended by the board only for the purposes authorized by this Act."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2015 session of the General Assembly of Georgia a bill to amend an Act creating one or more community improvement districts within DeKalb County, approved May 13, 2008 (Ga.L.2008, p.3817), as amended 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 March 12, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BILLY MITCHELL Billy Mitchell Representative, District 88

4234

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 3, 2016.

__________

CHATHAM COUNTY MAGISTRATE COURT; ADDITIONAL MAGISTRATES.

No. 608 (Senate Bill No. 105).

AN ACT

To amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, approved March 21, 1984 (Ga. L. 1984, p. 4422), as amended, particularly by Acts approved March 20, 1985 (Ga. L 1985, p. 4028), March 24, 1994 (Ga. L 1994, p. 3772), and March 27, 1995 (Ga. L. 1995, p. 3751), so as to provide for two full-time magistrates for Chatham County; to provide for the appointment of a third full-time magistrate by the Board of Commissioners; to provide for the election and appointment of successor magistrates; to provide for the appointment of pro tempore and part-time magistrates; 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 making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, approved March 21, 1984 (Ga. L. 1984, p. 4422), as amended, particularly by Acts approved March 20, 1985 (Ga. L 1985, p. 4028), March 24, 1994 (Ga. L 1994, p. 3772), and March 27, 1995 (Ga. L. 1995, p. 3751), is amended in Section 3 by revising subsections (c) and (d) and adding new subsections to read as follows:
"(c) On and after the effective date of this Act, Chatham County shall have two full-time magistrates. The Board of Commissioners may appoint a third full-time magistrate. (d) All full-time magistrates appointed or elected prior to the effective date of this Act shall serve the remainder of their terms and until their successors have been duly qualified

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and elected. Successors shall be elected at the same time, in the same manner, and for the same term as the Chief Magistrate and shall meet the qualifications of a magistrate provided by both general law and local Act. (e) The Chief Magistrate shall nominate any part-time and pro tempore magistrate, subject to approval by majority vote of the Board of Commissioners. (f) All part-time or pro tempore magistrates serving on the effective date of this Act shall be reappointed only upon nomination by the Chief Magistrate and upon approval by majority vote of the Board of Commissioners."

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 making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, approved March 21, 1984 (Ga. L. 1984, p. 4422), as amended, particularly by Acts approved March 20, 1985 (Ga. L. 1985, p. 4028), March 24, 1994 (Ga. L. 1994, p. 3772), and March 27, 1995 (Ga. L. 1995, p. 3751), and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lester Jackson, who on oath deposes and says that he is the Senator from District 2 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on January 29, 2015, and that the notice requirements of Code Section 28-1-14 have been met.
s/ LESTER JACKSON Lester Jackson Senator, District 2

4236

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 3, 2016.

__________

HARALSON COUNTY TAX COMMISSIONER; COMPENSATION; APPOINTMENT AND COMPENSATION OF DEPUTIES AND CLERICAL STAFF.

No. 622 (House Bill No. 1137).

AN ACT

To amend an Act consolidating the offices of Tax Receiver and Tax Collector of Haralson County into the office of Tax Commissioner of Haralson County, approved March 21, 1958 (Ga. L. 1958, p. 2917), as amended, so as to modify the compensation of the tax commissioner; to provide that all fees, commissions, costs, and perquisites collected by the tax commissioner shall be the property of Haralson County; to modify the appointment and compensation of deputies and clerical staff; 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 consolidating the offices of Tax Receiver and Tax Collector of Haralson County into the office of Tax Commissioner of Haralson County, approved March 21, 1958 (Ga. L. 1958, p. 2917), as amended, is amended by revising Section 4 as follows:

"Section 4. The tax commissioner shall be compensated in accordance with O.C.G.A. 48-5-183, as it exists or is hereafter amended. All fees, commissions, costs, and perquisites collected by the tax commissioner shall be the property of Haralson County, and once each month shall be turned over to the fiscal authority of said county by the tax commissioner with a detailed, itemized statement showing the sources from which such fees, commissions, costs, or other

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perquisites were collected. Haralson County may appoint deputies or clerical help for the tax commissioner. The compensation of any deputies or clerical help shall be paid from the funds of Haralson County."

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

Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Haralson County Into the office of Tax Commissioner of Haralson County, approved March 21, 1958 (Ga. L. 1958, p. 2917); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Kevin Cooke, Representative from District 18, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Haralson County Gateway Beacon, which is the official organ of Haralson County, on the 25th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ KEVIN COOKE Affiant

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 29th of February, 2016, Before me:

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

Approved May 3, 2016.

__________

HARALSON COUNTY HOMESTEAD EXEMPTION; COUNTY TAXES; SENIOR CITIZENS; REFERENDUM.

No. 623 (House Bill No. 1138).

AN ACT

To provide a homestead exemption from Haralson County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or older and whose income, together with the income of the spouse of such resident who resides within such homestead and excluding certain retirement income, does not exceed $10,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Haralson County, except for any ad valorem taxes to pay interest on and to retire county bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (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

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not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and such individual's spouse under the federal Social Security Act. Income from such sources in excess of such maximum amount shall be included as income for the purposes of this Act. (4) "Senior citizen" means a person who is 65 years of age or older on or before January 1 of the year in which application for the exemption under this Act is made. (b) Each resident of Haralson County who is a senior citizen is granted an exemption on that person's homestead from Haralson County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of that homestead. The exemption under this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead, does not exceed $10,000.00 for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the tax commissioner of Haralson County giving such person's age, income, and such additional information relative to receiving such exemption as will enable the tax commissioner of Haralson County to make a determination regarding the initial and continuing eligibility of such person for such exemption. The tax commissioner of Haralson County shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the person granted the homestead exemption under subsection (b) of this section occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of Haralson County in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to Haralson County ad valorem taxes for county purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2. The election superintendent of Haralson County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Haralson County for approval or rejection. The election superintendent shall conduct that election in conjunction with the 2016 General Election and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Haralson County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides a homestead exemption from Haralson County ad valorem taxes for county purposes in the amount of
( ) NO $4,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or older and whose income, not including certain retirement income, does not exceed $10,000.00?"
All persons desiring to vote for approval of the Act shall vote "Yes," and 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. 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 Haralson County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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

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

Notice is given that there will be introduced at the regular 2016 session of the General Assembly of Georgia a bill to provide a homestead exemption from Haralson County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or older and whose income, together with the income of the spouse of such resident who resides within such homestead and excluding certain retirement Income, does not exceed $10,000.00; and for other purposes."

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AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Kevin Cooke, Representative from District 18, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Haralson County Gateway Beacon, which is the official organ of Haralson County, on the 25th of February in the year 2016; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ KEVIN COOKE Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 29th of February, 2016, Before me:

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

Approved May 3, 2016.

HOME RULE ORDINANCES
OF COUNTIES
AND CONSOLIDATED GOVERNMENTS

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FANNIN COUNTY APPOINTMENT OF COUNTY OFFICIALS AND EMPLOYEES.

AN ORDINANCE TO AMEND THE LOCAL ACT GOVERNING FANNIN COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF
GEORGIA WITH RESPECT TO THE DESIGNATION OF DEPARTMENT HEADS
AND THE HIRING AND FIRING OF DEPARTMENT HEADS

Whereas, a majority of the members of the Fannin County Board of Commissioners desire to amend the local act governing Fannin County as allowed by Article 9, Section 2, Paragraph 1(b)(1) of the Constitution of the State of Georgia; therefore:

It is hereby ordained by the Board of Commissioners of Fannin County, Georgia, as follows:

I.

The local act governing Fannin County (Ga L. 1975, 2814, as amended) is amended by deleting Section 12 and replacing it with new Section 12 (a), (b), and (c) which shall read in its entirety as follows:

Section 12. Appointment of County Officials and Employees.

(a) There is hereby designated within Fannin County, the following departments, to wit:

(i) ANIMAL CONTROL

(ii) ART DIRECTOR

(iii) COUNTY CLERK

(iv) BUILDING DEVELOPMET

(v) DIRECT OF FINANCE (CFO)

(vi) DIRECTOR OF HUMAN RESOURCES

(vii) DIRECTOR OF PARKS AND RECREATION

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(viii) EMERGENCY MANAGEMENT DIRECTOR

(ix) EMERGENCY 911 DIRECTOR

(x) EMS DIRECTOR (AMBULANCE)

(xi) FIRE CHEIF

(xii) LAND DEVELOPMENT

(xiii) MAINTENANCE COORDINATOR

(xiv) ROADS & BRIDGES

(xv) SHOP FOREMAN

(b) The Board of Commissioners shall have the exclusive power and authority to appoint, remove, revise job descriptions through personnel policy updates and amendments and fix the compensation of, within budgetary provisions and in accordance with the requirements of any civil service system or merit system which may be now or hereafter be established by the Board of Commissioners of Fannin County, the department heads for each of the departments set forth in Section 12(a).

(c) Subject to the qualifications and limitations provided for in this Act, the Chairman shall have the exclusive power and authority to appoint, remove, and fix the compensation of, within budgetary provisions and in accordance with the requirements of any civil service system or merit system which may be now or hereafter be established by the Board of Commissioners of Fannin County, all employees and officials of the County, except as to: (a) boards or positions created by State statute; (b) elected officers and employees under their supervision and control; and (c) the heads of the departments identified in Section 12(a) set forth above, who shall be appointed, removed and compensation fixed pursuant to Section 12(b).

II.

The ordinance amending the local act governing Fannin County shall take effect immediately upon its adoption at two regularly scheduled consecutive meetings of the Fannin County Board of Commissioners, subsequent to publication, not less than seven days nor more than sixty days apart.

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III.

All ordinances, resolutions and provisions of the local act, or parts of ordinances, resolutions and provisions of the local act, in conflict with this ordinance are repealed.

Adopted on April 14, 2015

Opposed William C. Simonds

Chair

s/ EARL W. JOHNSON Earl Johnson

Post One

s/ LARRY JOE SOSEBEE Larry Joe Sosebee

Post Two

ATTEST: s/ RITA DAVIS-KIRBY Rita Davis-Kirby

COUNTY CLERK

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, Public Notice, Re: Ordinance to amend Fannin County Local Legislation under Home Rule, was inserted in The News Observer on the date of March 18, 25 and April 8, 2015.

s/ BRIAN K. FINNICUM, Agent

Subscribed and sworn to before me,

This the 15th day of April, 2015

s/ BRIANNE W. COLLAR Notary Public

(SEAL)

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COUNTY HOME RULE ORDINANCES

PUBLIC NOTICE

The Fannin County Board of Commissioners at two consecutive regular meetings will vote on the adoption of the proposed Ordinance to amend Fannin County Local Legislation under Home Rule authority regarding hiring and termination of department heads.
Under current Local Legislation the Chairman has the exclusive power and authority to hire and terminate employee's except boards or positions created by State statute and elected officers and employees under their supervision and control.
The proposed change is to remove hiring and termination authority of department heads from the Chairman of the Board of Commissioners and place that power and authority as a full board decision.
A copy of the proposed Ordinance can be obtained from the Clerk of Superior Court or the Board of Commissioner's Office. The first vote on adoption will be held March 24, 2015 and the final vote on adoption will be held April 14, 2015.
Regular meetings are held in the Fannin County Courthouse Jury Assembly Room located on the third floor at 6:00 P.M.

Filed in the Office of the Secretary of State May 27, 2015. __________

HALL COUNTY CIVIL SERVICE SYSTEM.

FIRST READING June 11, 2015 SECOND READING: ________
ADVERTISED: May 28, 2015 ADVERTISED: June 4, 2015 ADVERTISED: June 18, 2015

RESOLUTION
A RESOLUTION BY THE BOARD OF COMMISSIONERS OF HALL COUNTY, GEORGIA UNDER THE HOME RULE PROVISIONS FOR COUNTIES AS SET FORTH IN ARTICLE IX, SECTION II, PARAGRAPH I OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1983 TO AMEND AN ACT OF THE GENERAL ASSEMBLY OF GEORGIA ENTITLED "HALL COUNTY CIVIL SERVICE SYSTEM ACT" GA. LAWS 1967, p. 2566; AS AMENDED GA. LAWS 1978, P. 4718; 1979, P. 4709; 1990, P. 5294; 1991, P. 4818; 1992, PPS. 6559, 7076, 7102; 1995, P. 341, AND 2005, P 4165 SO AS TO FURTHER AMEND SAID ACT BY DELETING THE SAME IN ITS ENTIRETY AND SUBSTITUTING IN LIEU THEREOF A REVISED "HALL COUNTY CIVIL SERVICE SYSTEM ACT" AND IN FURTHER AMENDING THE

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HALL COUNTY CIVIL SERVICE SYSTEM ACT, TITLE II ENTITLED "SERVICE SYSTEM" OF CHAPTER 200.40 OF THE OFFICIAL CODE OF HALL COUNTY, GEORGIA, IS TO BE DELETED AND SUBSTITUTED IN LIEU THEREOF WITH A REVISED TITLE II WITH THE SAME NAME FOR THE PURPOSE OF REPLACING THE CIVIL SERVICE BOARD WITH AN ADMINISTRATIVE HEARING OFFICER; TO AMEND THE HALL COUNTY GOVERNMENT EMPLOYEES HANDBOOK AND POLICY GUIDELINES ADOPTED IN APRIL 2013 SO AS TO REFLECT THE CHANGES IN THE HALL COUNTY CIVIL SERVICE SYSTEM ACT; AND TO PROVIDE FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES.

WHEREAS, the Hall County Civil Service System Act was adopted and approved by The Georgia General Assembly on April 4, 1967; and

WHEREAS, the Hall County Civil Service System Act was subsequently amended pursuant to the Local Act of the General Assembly, and the Home Rule provisions for Counties as set forth in Article IX, Section II, Paragraph 1 of the Constitution of the State of Georgia of 1983 by GA. Laws 1978, p. 4718; 1979, p. 4709; 1990, p. 5294; 1991, p. 4818; 1992, pps. 6559, 7076, 7102; 1995, p.341; and 2005, p. 4165; and

WHEREAS, pursuant to the provisions set forth in Article IX, Section II, Paragraph 1 of the Constitution of the State of Georgia, pertaining to Home Rule for Counties, a Notice of this proposed resolution for the amendment of the Hall County Civil Service System Act is to be published in the Times, the official county organ once a week for three weeks within the 60 days immediately preceding the adoption of this Resolution; and

WHEREAS, the Board of Commissioners of Hall County pursuant to the Home Rule provision of the Constitution of the State of Georgia (1983), desires to further amend the Hall County Civil Service Act by replacing the Civil Service Board with an Administrative Hearing Officer with the same powers and duties as the Civil Service Board;

WHEREAS, in so amending the Hall County Civil Service System Act, the Board of Commissioners of Hall County desires to delete Title II entitled "Service System" of Chapter 200.40 of the Official Code of Hall County, Georgia, in its entirety, and to substitute in lieu thereof an amended Title II with the same name for the purpose of replacing the Civil Service Board with an Administrative Hearing Officer; and

WHEREAS, The Hall County Government Employees Handbook and Policy Guidelines published as adopted April, 2013, shall be amended so as to conform to the adoption of the amendments made herein.

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COUNTY HOME RULE ORDINANCES

NOW THEREFORE, be it resolved by the authority of the Board of Commissioners of Hall County as follows:

-1-

The Hall County Civil Service System Act originally adopted on April 4, 1967, and subsequently amended by GA. Laws 1978, p. 4718; 1979, p. 4709; 1990, p. 5294; 1991, p. 4818; 1992, pps. 6559, 7076, 7102; 1995, p. 341; and 2005, p. 4165 is hereby further amended by deleting THE HALL COUNTY CIVIL SERVICE SYSTEM ACT in its entirety and substituting in lieu thereof a revised HALL COUNTY CIVIL SERVICE SYSTEM ACT; a copy of which is attached hereto as Exhibit "A" and incorporated herein as if the same were set forth herein.

-2-

Title II entitled "Service System" of Chapter 200.400 of the Official Code of Hall County, Georgia, is hereby deleted in its entirety and substituted in lieu thereof a new Title II with the same name for the purpose of replacing the Civil Service Board with an Administrative Hearing Officer. A copy of Title II of Chapter 200.40 of the Official Code of Hall County, Georgia, as amended, is attached hereto as Exhibit "B" and incorporated herein as if the same were set forth herein.

-3-

The Hall County Government Employees Handbook and Policy Guidelines adopted in April, 2013 shall be amended consistent herewith.

-4-

A copy of this resolution has been filed with the Clerk of the Superior Court of Hall County, Georgia, Hall County Courthouse, Gainesville, Georgia, for examination and inspection by the public, and the Clerk of the Superior Court will furnish anyone, upon written request, a copy thereof.

-5-

Notice of this resolution for the amendment of the Hall County Civil Service System Act was published in the Times, the official county organ once a week for three weeks within the 60 days immediately preceding the adoption of this Resolution on May 28, 2015, June 4, 2015, and June 18, 2015.

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-6-

All Resolutions, or Ordinances, or parts thereof, in conflict with the terms of this Resolution are hereby repealed, but it is hereby provided that any resolution, ordinance or law, which may be applicable hereto and aid in carrying out and making effective the intent, purpose and provisions hereof, which shall be liberally construed to be in favor of Hall County, is hereby adopted as part hereof.

-7-

If any paragraph, sub-paragraph, sentence, clause, phrase, or any portion of this Resolution shall be declared invalid or unconstitutional by any court of competent jurisdiction or if the provisions of any part of this Resolution as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Resolution not so held to be invalid. It is hereby declared to be the intent of the Board of Commissioners to provide for separable and divisible parts, and it does hereby adopt any and all parts hereof as may not be held invalid for any reason.

-8-

This Resolution is hereby adopted on June 11, 2015 and on this 25th day of June, 2015, to become effective upon the 1st day of July, 2015, the public health, safety and general welfare demanding it.

Adopted this 11th day of June, 2015

HALL COUNTY BOARD OF COMMISSIONERS

s/ RICHARD MECUM Chairman, Richard Mecum

s/ KATHY COOPER Commissioner, District 1 Kathy Cooper

s/ BILLY POWELL Commissioner, District 2 Billy Powell

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COUNTY HOME RULE ORDINANCES

s/ SCOTT GIBBS Commissioner District 3 Scott Gibbs

s/ JEFFREY STOWE Commissioner, District 4 Jeffrey Stowe

s/ LISA A. RITCHIE ATTEST: Clerk, LISA A. RITCHIE

(SEAL)

EXHIBIT "A"

CIVIL SERVICE SYSTEM ACT

Section I. PURPOSE

This action shall be known and may be cited as the "Hall County Civil Service Act". The general purpose of this Act is to establish a Civil Service System for Hall County, Georgia, providing for the recruitment, selection, development, and retention of an effective work force of capable, diligent, and honest employees. The Civil Service System shall include policies for employee hiring and advancement, training, career development and performance evaluation, employee relations, and the disposition of employee grievances, discipline, discharge, and related activities. It shall be the purpose of the Act to establish a Civil Service System in which all personnel matters shall be determined solely on the basis of merit and qualifications, without regard to race, color, sex, age, national origin, disability, or political affiliation.

Section II. MEMBERSHIP AND EXEMPT INDIVIDUALS

There is hereby created and established a civil service system to be known as the Hall County Civil Service System. All Hall County employees, now employed or hereafter employed, and all employees and deputies, now employed or hereafter employed, of the Hall County Sheriff, the Hall County Probate Judge, the Hall County Clerk of Superior Court, and the Hall County Tax Commissioner shall be members of the Hall County Civil Service System. The following shall not be members of the Hall County Civil Service System: elected officers of the County, employees of the Magistrate, Juvenile, State and Superior Courts; the District Attorney; the Hall County Solicitor; members of appointed boards,

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members of commissions and authorities, part-time employees, temporary employees, interns, and all employees, who as of the date of adoption of this amendment, currently have a contractual employment relationship with Hall County and all employees in the future, who, at the time of hire, by agreement with the hiring authority and with approval of the County Administrator, will enter into a contractual employment agreement instead of the Civil Service System.

Section III. APPOINTMENT AND COMPENSATION OF ADMINISTRATIVE HEARING OFFICER

A. The Hall County Board of Commissioners shall select an independent, impartial attorney who has been a member of the State Bar of Georgia for at least five (5) years to serve as Administrative Hearing Officer in matters for which a hearing is allowed under Section IV. The Administrative Hearing Officer shall not be a current or former employee of Hall County and shall receive such per diem compensation, if any, as deemed appropriate by the Hall County Board of Commissioners. The Administrative Hearing Officer shall serve at the pleasure of the Board of Commissioners of Hall County.

B. Duties of the Administrative Hearing Officer shall include:

1. To conduct hearings and render decisions on charges preferred against persons employed in the several departments and offices included in said Civil Service System and to hear appeals from any employee included in the Civil Service System who claims to have been improperly suspended without pay, demoted, or dismissed. All testimony before the hearing officer shall be transcribed, rendered under oath or affirmation, by oral testimony, depositions, or interrogatories, and with the right of cross examination. All decisions of the hearing officer shall be entered into a written record which shall be open to inspection by the public during regular office hours. The authority of the hearing officer while hearing employee appeals shall be limited to determining if management's decision is supported by the evidence, lies within the lawful discretion of management, and is consistent with County policies and procedures.

2. The Administrative Hearing Officer shall keep and maintain an accurate written record of his/her hearings and proceedings and shall be furnished clerical assistance by the governing authority to keep and maintain his/her records.

3. The Administrative Hearing Officer shall be authorized to make recommendations as to amendments, additions to, and changes in the Hall County Government Employee's Handbook and Policy Guidelines from time to time, and when said amendments, changes, or additions are adopted by the governing authority of Hall County, said amendments

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COUNTY HOME RULE ORDINANCES

shall have the force of law and be binding on all parties affected by said Civil Service System.

Section IV. ADMINISTRATIVE HEARING OFFICER HEARINGS.

A. It shall be the duty, function and responsibility of the Administrative Hearing Officer to represent the interest of the public in the improvement of personnel administration and the selection and retention of qualified personnel. All hearings before the Administrative Hearing Officer shall be open and held in offices provided, therefore, by the governing authority of Hall County. The governing authority of said County is hereby authorized to provide necessary clerical assistance to the Administrative Hearing Officer. Said Administrative Hearing Officer shall conduct scheduled hearings, and may hold additional hearings as may be required for the proper discharge of his/her duties.

B. In any appeal by an employee, it shall be the burden of the employee to establish and verify the action in question:

1. does not substantially comply with sound management principles, consistent with the rules and regulations of the Hall County Civil Service Act;

2. is not supported by a preponderance of the evidence; and

3. is not reasonable or relative to the severity of the offense.

Section V. HALL COUNTY DIRECTOR OF HUMAN RESOURCES.

The duties and functions of the Hall County Director of Human Resources shall be as follows:

A. To prepare and submit proposed rules and regulations and standards of the Civil Service System or amendments thereto and thereafter, recommend to the governing authority of Hall County the adoption of rules, regulations, standards and amendments effectuating the Civil Service System established under the provisions of this Act. If the governing authority shall fail to adopt such rules, regulations and standards within 45 days, they shall become of full force and effect unless the governing authority shall conduct public hearing thereon in which event the governing authority may change, modify, or disapprove such rules, regulations, or standards. Such rules and regulations shall include provisions for the establishment and maintenance of job classification and compensation plans, the conduct of examinations for appointment under the Civil Service System, the certification of eligible persons, appointment, promotions, transfers, demotions, separations, tenure, service ratings, reinstatements, appeals and such additional regulations

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as may be deemed to be in the best interest of impartial selection of efficient personnel and improvement of public administration. Such rules and regulations shall prohibit political activity by any employee covered by the Civil Service System or the Administrative Hearing Officer. Said rules and regulations when adopted by the goveming authority of Hall County or otherwise becoming effective, shall have the force of law and be binding upon all departments and offices of the County as may be covered under the Hall County Civil Service System Act.

Section VI. SUSPENSION WITHOUT PAY, DEMOTION, DISMISSAL AND APPEAL.

A. No employee of any department or office of the County who is covered under the Hall County Civil Service System Act may be suspended without pay, demoted, or dismissed from employment in said department or office except for good cause and in accordance with the Hall County Government Employee Handbook and Policy Guidelines as approved by the governing authority of Hall County. Any employee who is suspended without pay, demoted, or dismissed shall have the right of appeal pursuant to the terms of the rules and regulations prescribed for appeal. Such appeal shall be heard and determined by the Administrative Hearing Officer within forty-five (45) days of the date that said appeal was filed with the Hall County Department of Human Resources; provided, however, that such employee must file his/her appeal with the Hall County Department of Human Resources in writing within ten (10) days from the date of his/her suspension without pay, demotion or dismissal. The decision of the Administrative Hearing Officer shall be binding upon the governing authority of Hall County, the Hall County Sheriff, the Hall County Probate Judge, the Hall County Clerk of Superior Court, and the Hall County Tax Commissioner as to whether such suspension without pay, demotion, or dismissal was for proper cause.

B. All appeals under this Section VI shall be heard by the Administrative Hearing Officer. The hearing officer shall conduct the hearing, make evidentiary rulings and prepare final orders of the decision.

Section VII. EXPENSES OF ADMINISTRATIVE HEARING OFFICER.

All costs for expenses, supplies for the establishment an operation of the Civil Service System and the Administrative Hearing Officer shall be borne by the County and paid out of County funds as a cost of administration.

Section VIII. EFFECTIVE DATE.

The provisions of this Act shall become effective July 1, 2015.

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COUNTY HOME RULE ORDINANCES

EXHIBIT "B" TABLE OF CONTENTS

ARTICLE II - SERVICE SYSTEM Section 200.40.021 PURPOSE Section 200.40.022 MEMBERSHIP AND EXEMPT INDIVIDUALS Section 200.40.023 APPOINTMENT AND COMPENSATION OF ADMINISTRATIVE
HEARING OFFICER Section 200.40.024 ADMINISTRATIVE LAW OFFICER HEARINGS Section 200.40.025 HALL COUNTY DIRECTOR OF HUMAN RESOURCES Section 200.40.026 SUSPENSION WITHOUT PAY, DEMOTION, DISMISSAL AND
APPEAL Section 200.40.027 EXPENSES OF ADMINISTRATIVE HEARING OFFICER Section 200.40.028 EFFECTIVE DATE

ARTICLE II. SERVICE SYSTEM

Section 200.40.021 PURPOSE

This Article shall be known and may be cited as the "Hall County Civil Service Act". The general purpose of this Act is to establish a Civil Service System for Hall County, Georgia, providing for the recruitment, selection, development, and retention of an effective work force of capable, diligent, and honest employees. The Civil Service System shall include policies for employee hiring and advancement, training, career development and performance evaluation, employee relations, and the disposition of employee grievances, discipline, discharge, and related activities. It shall be the purpose of the Act to establish a Civil Service System in which all personnel matters shall be determined solely on the basis of merit and qualifications, without regard to race, color, sex, age, national origin, disability, or political affiliation.

Section 200.40.022 MEMBERSHIP AND EXEMPT INDIVIDUALS

There is hereby created and established a civil service system to be known as the Hall County Civil Service System. All Hall County employees, now employed or hereafter employed, and all employees and deputies, now employed or hereafter employed, of the Hall County Sheriff, the Hall County Probate Judge, the Hall County Clerk of Superior Court, and the Hall County Tax Commissioner shall be members of the Hall County Civil Service System. The following shall not be members of the Hall County Civil Service System: elected officers of the County, employees of the Magistrate, Juvenile, State and Superior Courts; the District Attorney; the Hall County Solicitor; members of appointed boards, members of commissions and authorities, part-time employees, temporary employees,

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interns, and all employees, who as of the date of adoption of this amendment, currently have a contractual employment relationship with Hall County and all employees in the future, who, at the time of hire, by agreement with the hiring authority and with approval of the County Administrator, will enter into a contractual employment agreement instead of the Civil Service System.

Section 200.40.023 APPOINTMENT AND COMPENSATION OF ADMINISTRATIVE HEARING OFFICER

A. The Hall County Board of Commissioners shall select an independent, impartial attorney who has been a member of the State Bar of Georgia for at least five (5) years to serve as Administrative Hearing Officer in matters for which a hearing is allowed under Section IV. The Administrative Hearing Officer shall not be a current or former employee of Hall County and shall receive such per diem compensation, if any, as deemed appropriate by the Hall County Board of Commissioners. The Administrative Hearing Officer shall serve at the pleasure of the Board of Commissioners of Hall County.

B. Duties of the Administrative Hearing Officer shall include:

1. To conduct hearings and render decisions on charges preferred against persons employed in the several departments and offices included in said Civil Service System and to hear appeals from any employee included in the Civil Service System who claims to have been improperly suspended without pay, demoted, or dismissed. All testimony before the hearing officer shall be transcribed, rendered under oath or affirmation, by oral testimony, depositions, or interrogatories, and with the right of cross examination. All decisions of the hearing officer shall be entered into a written record which shall be open to inspection by the public during regular office hours. The authority of the hearing officer while hearing employee appeals shall be limited to determining if management's decision is supported by the evidence, lies within the lawful discretion of management, and is consistent with County policies and procedures.

2. The Administrative Hearing Officer shall keep and maintain an accurate written record of his/her hearings and proceedings and shall be furnished clerical assistance by the governing authority to keep and maintain his/her records.

3. The Administrative Hearing Officer shall be authorized to make recommendations as to amendments, additions to, and changes in the Hall County Government Employee's Handbook and Policy Guidelines from time to time, and when said amendments, changes, or additions are adopted by the governing authority of Hall County, said amendments shall have the force of law and be binding on all parties affected by said Civil Service System.

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Section 200.40.024 ADMINISTRATIVE HEARING OFFICER HEARINGS.

A. It shall be the duty, function and responsibility of the Administrative Hearing Officer to represent the interest of the public in the improvement of personnel administration and the selection and retention of qualified personnel. All hearings before the Administrative Hearing Officer shall be open and held in offices provided, therefore, by the governing authority of Hall County. The governing authority of said County is hereby authorized to provide necessary clerical assistance to the Administrative Hearing Officer. Said Administrative Hearing Officer shall conduct scheduled hearings, and may hold additional hearings as may be required for the proper discharge of his/her duties.

B. In any appeal by an employee, it shall be the burden of the employee to establish and verify the action in question:

1. does not substantially comply with sound management principles, consistent with the rules and regulations of the Hall County Civil Service Act; 2. is not supported by a preponderance of the evidence; and

3. is not reasonable or relative to the severity of the offense.

Section 200.40.025 HALL COUNTY DIRECTOR OF HUMAN RESOURCES

The duties and functions of the Hall County Director of Human Resources shall be as follows:

A. To prepare and submit proposed rules and regulations and standards of the Civil Service System or amendments thereto and thereafter, recommend to the governing authority of Hall County the adoption of rules, regulations, standards and amendments effectuating the Civil Service System established under the provisions of this Act. If the governing authority shall fail to adopt such rules, regulations and standards within 45 days, they shall become of full force and effect unless the governing authority shall conduct public hearing thereon in which event the governing authority may change, modify, or disapprove such rules, regulations, or standards. Such rules and regulations shall include provisions for the establishment and maintenance of job classification and compensation plans, the conduct of examinations for appointment under the Civil Service System, the certification of eligible persons, appointment, promotions, transfers, demotions, separations, tenure, service ratings, reinstatements, appeals and such additional regulations as may be deemed to be in the best interest of impartial selection of efficient personnel and improvement of public administration. Such rules and regulations shall prohibit political activity by any employee covered by the Civil Service System or the Administrative Hearing Officer. Said rules and regulations when adopted by the governing authority of

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Hall County or otherwise becoming effective, shall have the force of law and be binding upon all departments and offices of the County as may be covered under the Hall County Civil Service System Act.

Section 200.40.026 SUSPENSION WITHOUT PAY, DEMOTION, DISMISSAL AND APPEAL.

A. No employee of any department or office of the County who is covered under the Hall County Civil Service System Act may be suspended without pay, demoted, or dismissed from employment in said department or office except for good cause and in accordance with the Hall County Civil Service Rules and Regulations as approved by the governing authority of Hall County. Any employee who is suspended without pay, demoted, or dismissed shall have the right of appeal pursuant to the terms of the rules and regulations prescribed for appeal. Such appeal shall be heard and determined by the Administrative Hearing Officer within forty-five (45) days of the date that said appeal was filed with the Hall County Department of Human Resources; provided, however, that such employee must file his/her appeal with the Hall County Department of Human Resources in writing within ten (10) days from the date of his/her suspension without pay, demotion or dismissal. The decision of the Administrative Hearing Officer shall be binding upon the governing authority of Hall County, the Hall County Sheriff, the Hall County Probate Judge, the Hall County Clerk of Superior Court, and the Hall County Tax Commissioner as to whether such suspension without pay, demotion or dismissal was for proper cause.

B. All appeals under this Title shall be heard by the Administrative Hearing Officer. The hearing officer shall conduct the hearing, make evidentiary rulings and prepare final orders of the decision.

Section 200.40.027 EXPENSES OF ADMINISTRATIVE HEARING OFFICER.

All costs for expenses, supplies for the establishment an operation of the Civil Service System and the Administrative Hearing Officer shall be borne by the County and paid out of County funds as a cost of administration.

Section 200.40.028 EFFECTIVE DATE.

The provisions of this Act shall become effective July 1, 2015.

CLERK'S CERTIFICATE

I Lisa A. Ritchie, Do certify that I am the Commission Clerk for the Board of Commissioners of Hall County, Georgia. As such, I keep its official records, and in that capacity, do hereby

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certify that the attached Resolution regarding the amendment to the Hall County Civil Service System, 1st Reading, June 11, 2015, is a true and accurate copy of the Resolution as adopted and on file at the Hall County Board of Commissioners Office.

Given under my hand and seal of Hall County, Georgia, this 12th day of June, 2015.

s/ LISA A. RITCHIE Lisa A. Ritchie Hall County Commission Clerk

AFFIDAVIT OF PUBLICATION

State of Georgia County of Hall

Personally appeared before the undersigned, Trent Sexton, who having been duly sworn, on oath, says that he is the Classified Manager of THE TIMES, and that the Advertisement was Published in THE TIMES:

Ad# 36248 Public Hearings Hall County Civil Service System Act Published: 5/28, 6/4, 6/18/2015

s/ TRENT SEXTON Trent Sexton, Affiant Verified s/ BT
Sworn to and Subscribed before me
This 18th day of June, 2015
s/ BETTY LEA THOMPSON Notary Public (Betty Lea Thompson)
My Commission Expires: August 17th, 2017

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NOTICE TO THE PUBLIC

The public is hereby notified that the Board of Commissioners of Hall County, Georgia, at its regular meetings on May 28, 2015, at 6:00 P.M, on June 11, 2015, at 10:00 AM and on June 25, 2015 at 6:00 P.M. will consider the following: A RESOLUTION BY THE BOARD OF COMMISSIONERS OF HALL COUNTY, GEORGIA UNDER THE HOME RULE PROVISIONS FOR COUNTIES AS SET FORTH IN ARTICLE IX, SECTION II, PARAGRAPH I OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1983 TO AMEND AN ACT OF THE GENERAL ASSEMBLY OF GEORGIA ENTITLED "HALL COUNTY CIVIL SERVICE SYSTEM ACT" GA. LAWS 1967, P. 2566, AS AMENDED GA LAWS 1978, P. 4718; 1979, P. 4709; 1990, P. 5294; 1991, P. 4818; 1992, PPS. 6559, 7076, 7102; 1995, P. 341; AND 2005, P. 4165 TO FURTHER AMEND SAID ACT BY DELETING THE SAME IN ITS ENTIRETY AND SUBSTITUTING IN LIEU THEREOF A REVISED "HALL COUNTY CIVIL SERVICE SYSTEM ACT" AND IN FURTHER AMENDING THE HALL COUNTY CIVIL SERVICE SYSTEM ACT, TITLE II ENTITLED "SERVICE SYSTEM" OF CHAPTER 200.40 OF THE OFFICIAL CODE OF HALL COUNTY, GEORGIA, IS TO BE DELETED AND SUBSTITUTED IN LIEU THEREOF WITH A NEW TITLE II WITH THE SAME NAME FOR THE PURPOSE OF REPLACING THE CIVIL SERVICE BOARD WITH AN ADMINISTRATIVE HEARING OFFICER; TO AMEND THE HALL COUNTY GOVERNMENT EMPLOYEES HANDBOOK AND POLICY GUIDELINES ADOPTED IN APRIL, 2013 SO AS TO REFLECT THE CHANGES IN THE HALL COUNTY CIVIL SERVICE SYSTEM ACT; AND TO PROVIDE FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. The meetings will take place at the Hall County Government Center, 2875 Browns Bridge Road, Gainesville, Hall County, Georgia 30504, and public comments will be taken during the meetings of June 11, 2015 and June 25, 2015. The resolution is for the following purpose: The public is hereby further notified that in order to carry out the provisions of said Resolution, it is necessary for the Boards of Commissioners of Hall County, Georgia to adopt a resolution at two consecutive meetings held not less than seven (7) no more than sixty (60) days apart, which resolution specifically states the changes to be made in the original Act, the authority to amend the original act having been granted pursuant to the Home Rule Provisions for Counties of the Constitution of the State of Georgia of 1983, Article IX, Section II, Paragraph I. The public is further notified that a copy of said proposed resolution has been filed with the Clerk of the Superior Court of Hall County, Georgia, Hall County Courthouse, Gainesville, Georgia for examination and inspection by the public, and the Clerk of the Superior Court will furnish anyone, upon written request, a copy thereof.

Filed in the Office of the Secretary of State July 2, 2015. _________

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MACON-BIBB COUNTY MACON-BIBB COUNTY FIRE AND POLICE EMPLOYEES' RETIREMENT SYSTEM; EARLY RETIREMENT INCENTIVE.

O-15-0019

AN ORDINANCE OF THE MACON-BIBB COUNTY COMMSSION TO AMEND THE MACON-BIBB COUNTY FIRE AND POLICE EMPLOYEES' RETIREMENT SYSTEM, (1969 GA. LAWS, PAGE 2801), TO PROVIDE FOR A LIMITED EARLY RETIREMENT INCENTIVE; AND FOR OTHER PURPOSES.

WHEREAS, Georgia law specifically authorizes local municipalities to amend the provisions of their Charters relating to public retirement systems pursuant to authority granted under the Georgia Public Retirement Systems Standards Act, O.C.G.A. Sec. 47-20-1 et seq. and the Municipal Home Rule Act of 1965 (1965 Ga. Laws, p. 298. et. seq., as amended, O.C.G.A. Sec. 36-35-1 et. seq.); and

WHEREAS, certain provisions of the Macon-Bibb County Fire and Police Employees' Retirement System (the "Plan") must be amended as part of an early retirement incentive; and

WHEREAS, on April 14, 2015, the Macon-Bibb County Commission, acting as a Committee of the Whole selected and approved the options for a limited early retirement incentive for the eligible participants of the Plan which included related amendments to retirement supplemental benefits; and

WHEREAS, the Commission believes that a limited early retirement incentive is in the best interest of the employees and citizens of Macon-Bibb County; 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.

A new Article XI entitled "Early Retirement Incentive Program" is added to the end of the Plan to read as follows:

11.01 Early Retirement Incentive Program

An enhanced early retirement benefit shall be made available to certain employees participating in this Plan on a one-time basis, in accordance with and subject to the

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following requirements, and shall be referred to herein as the Early Retirement Incentive Program or "ERIP":

(a) Eligibility for Enhanced Early Retirement Benefit under ERIP.

An employee participating in this Plan is eligible to elect to participate in the ERIP and receive an enhanced Normal Retirement Benefit, if, assuming the employee worked through December 31, 2015, he or she attained age forty-eight (48) and earned at least twenty-three (23) years of service on or before December 31, 2015. An employee is eligible to elect to participate in the ERIP and receive an enhanced Early Retirement Benefit if, assuming the Participant worked through December 31, 2015, he or she earned at least twenty-three (23) years of service. Terminated employees and elected employees are not eligible to elect to participate in the ERIP.

(b) Description of Enhanced Benefits.

Subject to the applicable limitations of Code Section 415, the enhanced early retirement incentive benefit payable to an employee who elects to participate in the ERIP shall be computed by substituting a multiplier of two and one-half percent (2.5%) for benefits determined under Article IV, and assuming the employee worked for the employer until December 31, 2015. Therefore, the pension benefit shall be based upon the employee's service and his average compensation as of December 31, 2015, times 2.5%; provided however, the annual benefit payable shall not exceed ninety percent (90%) of average compensation and the enhanced Early Retirement Benefit shall be subject to the reductions as provided in Article IV section (3) of the Plan.

(c) Additional Benefits.

A supplemental benefit will be paid from the Plan to an employee who elects to participate in the ERIP equal to $200 per month for the life of the employee.

(d) Window Period for Election.

Any employee, who satisfies the eligibility requirements of the ERIP in Section (a) above, may elect to terminate employment, retire and receive the enhanced early retirement benefit described in this Section by submitting the required forms to the designated individual no later than 5:00 p.m. on July 31, 2015. An employee may not make an election to retire under the ERIP after he or she has terminated employment with the Employer.

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(e) 7-Day Revocation Period.

Any employee electing to retire early under the ERIP may revoke his or her election by providing written notice of the revocation to the designated individual within seven (7) days after he or she submitted the election form (the revocation period). If the employee does not revoke his or her election within the 7-day revocation period, the election to terminate employment, retire and receive an enhanced retirement benefit pursuant to the ERIP shall become irrevocable when the revocation period ends.

(f) Termination of Employment; Retirement Date.

Employees who irrevocably elect to participate in the ERIP shall be required to retire no later than September 30, 2015. Benefits for an employee who elects to participate in the ERIP shall commence on the first day of the month following his or her termination of employment and shall be paid on the first day of each succeeding month thereafter for as long as the employee remains eligible to receive such benefits. If an employee dies before commencement of benefits under this ERIP, the employee's election to participate in the ERIP shall be null and void, notwithstanding any provisions herein to the contrary.

(g) Voluntary Election.

The election to retire and receive enhanced early retirement benefits pursuant to the ERIP shall be completely voluntary.

The effective date of this Plan Amendment is May 31, 2015. The rights and obligations under the Plan with respect to employees whose employment with the Employer is terminated for any reason whatsoever prior to the effective date of this Plan Amendment shall be governed by the Plan as it existed and was in effect at the time of such termination

Section 2.

The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared illegal by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.

Section 3.

In accordance with Municipal Home Rule Act of 1965, (1965 Ga. Laws, p. 298, et seq., as amended, O.C.G.A. Sec. 36-35-1, et seq.), it is hereby ordained that the provisions of this

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Ordinance shall become and be made a part of the Charter of Macon-Bibb County, Georgia, and the sections of this Ordinance may be renumbered to accomplish such intention.

Section 4.

All ordinances or parts thereof in conflict with this Ordinance are hereby repealed.

Section 5.

The Mayor, County Manager, and Human Resources Director are authorized to execute all other documents necessary to implement the early retirement incentive and to take all further actions necessary to carry out the intents and purposes of this Ordinance.

Section 6.

This Ordinance shall become effective immediately upon its approval by the Mayor or upon its adoption into law without such approval.

FIRST PASSAGE OF AMENDMENT

APPROVED AND ADOPTED this 21st day of April, 2015.

By: s/ ROBERT A.B. REICHERT ROBERT A.B. REICHERT, Mayor

(SEAL)

Attest: s/ JEAN S. HOWARD JEAN S. HOWARD, Clerk of Commission

SECOND PASSAGE OF AMENDMENT

APPROVED AND ADOPTED this 5th day of May, 2015.

By: s/ ROBERT A.B. REICHERT ROBERT A.B. REICHERT, Mayor

(SEAL)

Attest: s/ JEAN S. HOWARD JEAN S. HOWARD, Clerk of Commission

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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 THAT SHE IS THE CLASSIFIED/LEGAL MANAGER FOR THE MACON TELEGRAPH OR TRAVIS KNIGHT, WHO DEPOSES AND SAYS HE IS THE DIGITAL DIRECTOR OF ADVERTISING FOR THE MACON TELEGRAPH, AND ARE ALL AUTHORIZED BY THE PUBLISHER THEREOF TO MAKE THIS AFFIDAVIT, AND THAT ADVERTISEMENT AS PER ATTACHED CLIPPING HAS BEEN PUBLISHED IN THE MACON TELEGRAPH ON THE FOLLOWING DATES: 4/25; 5/2, 4

SIGNED s/ DIANNE BUCK

SWORN TO AND SUBSCRIBED BEFORE ME THIS 11th Day of June, 2015 s/ Angel Winfong (SEAL)

GEORGIA, BIBB COUNTY PUBLIC NOTICE Macon-Bibb County proposes to amend the provisions of its Charter related to the Macon-Bibb County Fire and Police Employees' Retirement Plan to adopt a limited early retirement incentive. The proposed charter amendment is available for public inspection in the Office of the Macon-Bibb County Clerk of Commission and the Office of the Bibb County Superior Court Clerk.

Filed in the Office of the Secretary of State July 10, 2015.

__________

MACON-BIBB COUNTY MACON-BIBB COUNTY PENSION AND RETIREMENT SYSTEMS, DIVISION A; EARLY RETIREMENT INCENTIVE.

0-15-0020

AN ORDINANCE OF THE MACON-BIBB COUNTY COMMISSION TO AMEND THE MACON-BIBB COUNTY PENSION AND RETIREMENT SYSTEMS, DIVISION A, (1972 GA. LAWS, PAGE 3152), TO PROVIDE FOR A LIMITED EARLY RETIREMENT INCENTIVE; AND FOR OTHER PURPOSES.

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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 Home Rule Act of 1965 (1965 Ga. Laws, p. 298. et. seq., as amended, O.C.G.A. Sec. 36-35-1 et. seq.);

WHEREAS, certain provisions of the Macon-Bibb County Pension and Retirement Systems, Division A (the "Plan") must be amended as part of an early retirement incentive; and

WHEREAS, on April 14, 2015, the Macon-Bibb County Commission, acting as a Committee of the Whole selected and approved the options for a limited early retirement incentive for the eligible participants of the Plan which included related amendments to supplemental benefits; and

WHEREAS, the Commission believes that a limited early retirement incentive is in the best interest of the employees and citizens of Macon-Bibb County; 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.

A new Article XI entitled "Early Retirement Incentive Program" is added to the end of the Plan to read as follows:

11.01 Early Retirement Incentive Program

An enhanced early retirement benefit shall be made available to certain employees participating in this Plan on a one-time basis, in accordance with and subject to the following requirements, and shall be referred to herein as the Early Retirement Incentive Program or "ERIP":

(a) Eligibility for Enhanced Early Retirement Benefit under ERIP.

An employee participating in this Plan is eligible to elect to participate in the ERIP and receive an enhanced Normal Pension, if, assuming the employee worked through December 31, 2015, he or she attained age fifty-eight (58) and earned at least three (3) years of service on or before December 31, 2015. An employee is eligible to elect to participate in the ERIP and receive an enhanced Early Pension if, assuming the Participant worked through December 31, 2015, he or she attained age fifty-three (53)

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and earned at least three (3) years of service. Terminated employees and elected employees are not eligible to elect to participate in the ERIP.

(b) Description of Enhanced Benefits.

Subject to the applicable limitations of Code Section 415, the enhanced early retirement incentive benefit payable to an employee who elects to participate in the ERIP shall be computed by substituting a multiplier of two percent (2.0%) for benefits determined under Section 5.1 and 5.2, and assuming the employee worked for the employer until December 31, 2015. Therefore, the pension benefit shall be based upon the employee's service and his average compensation as of December 31, 2015, times 2.0%; provided, however the enhanced Early Pension shall be subject to the reductions as provided in Section 5.2 of the Plan.

(c) Additional Benefits.

A supplemental benefit will be paid from the Plan to an employee who elects to participate in the ERIP equal to $200 per month for the life of the employee.

(d) Window Period for Election.

Any employee, who satisfies the eligibility requirements of the ERIP in Section (a) above, may elect to terminate employment, retire and receive the enhanced early retirement benefit described in this Section by submitting the required forms to the designated individual no later than 5:00 p.m. on July 31, 2015. An employee may not make an election to retire under the ERIP after he or she has terminated employment with the Employer.

(e) 7-Day Revocation Period.

Any employee electing to retire early under the ERIP may revoke his or her election by providing written notice of the revocation to the designated individual within seven (7) days after he or she submitted the election form (the revocation period). If the employee does not revoke his or her election within the 7-day revocation period, the election to terminate employment, retire and receive an enhanced retirement benefit pursuant to the ERIP shall become irrevocable when the revocation period ends.

(f) Termination of Employment; Retirement Date.

Employees who irrevocably elect to participate in the ERIP shall be required to retire no later than September 30, 2015. Benefits for an employee who elects to participate in the

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ERIP shall commence on the first day of the month following his or her termination of employment and shall be paid on the first day of each succeeding month thereafter for as long as the employee remains eligible to receive such benefits. If the employee dies before commencement of benefits under this ERIP, the employee's election to participate in the ERIP shall be null and void, notwithstanding any provisions herein to the contrary.

(g) Voluntary Election.

The election to retire and receive enhanced early retirement benefits pursuant to the ERIP shall be completely voluntary.

The effective date of this Plan Amendment is May 31, 2015. The rights and obligations under the Plan with respect to employees whose employment with the Employer is terminated for any reason whatsoever prior to the effective date of this Plan Amendment shall be governed by the Plan as it existed and was in effect at the time of such termination.

Section 2.

The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared illegal by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.

Section 3.

In accordance with Municipal Home Rule Act of 1965, (1965 Ga. Laws, p. 298, et seq., as amended, O.C.G.A. Sec. 36-35-1, et seq.), it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Charter of Macon-Bibb County, Georgia, and the sections of this Ordinance may be renumbered to accomplish such intention.

Section 4.

All ordinances or parts thereof in conflict with this Ordinance are hereby repealed.

Section 5.

The Mayor, County Manager, and Human Resources Director are authorized to execute all other documents necessary to implement the early retirement incentive and to take all further actions necessary to carry out the intents and purposes of this Ordinance.

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Section 6.

This Ordinance shall become effective immediately upon its approval by the Mayor or upon its adoption into law without such approval.

FIRST PASSAGE OF AMENDMENT

APPROVED AND ADOPTED this 21st day of April, 2015.

By: s/ ROBERT A.B. REICHERT ROBERT A.B. REICHERT, Mayor

(SEAL)

Attest: s/ JEAN S. HOWARD

JEAN S. HOWARD, Clerk of Commission

SECOND PASSAGE OF AMENDMENT

APPROVED AND ADOPTED this 5th day of May, 2015.

By: s/ ROBERT A.B. REICHERT ROBERT A.B. REICHERT, Mayor

(SEAL)

Attest: s/ JEAN S. HOWARD JEAN S. HOWARD, Clerk of Commission

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 THAT SHE IS THE CLASSIFIED/LEGAL MANAGER FOR THE MACON TELEGRAPH OR TRAVIS KNIGHT, WHO DEPOSES AND SAYS HE IS THE DIGITAL DIRECTOR OF ADVERTISING FOR THE MACON TELEGRAPH, AND ARE ALL AUTHORIZED BY THE PUBLISHER THEREOF TO MAKE THIS AFFIDAVIT, AND THAT ADVERTISEMENT AS PER ATTACHED CLIPPING HAS BEEN PUBLISHED IN THE MACON TELEGRAPH ON THE FOLLOWING DATES: 4/25; 5/2, 4

SIGNED s/ DIANNE BUCK

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SWORN TO AND SUBSCRIBED BEFORE ME THIS 9th Day of June, 2015

s/ ANGEL WILFONG (SEAL)

GEORGIA, BIBB COUNTY PUBLIC NOTICE

Macon-Bibb County proposes to amend the provisions of its Charter related to the Macon-Bibb County Pensions and Retirement System, Division A, to adopt a limited early retirement incentive. The proposed charter amendment is available for public inspection in the Office of the Macon-Bibb County Clerk of Commission and the Office of the Bibb County Superior Court Clerk.

Filed in the Office of the Secretary of State July 10, 2015. __________

MACON-BIBB COUNTY MACON FIRE AND POLICE EMPLOYEES RETIREMENT SYSTEM; MEMBERSHIP OF BOARD OF TRUSTEES.

0-15-0028

SPONSORS: COMMISSIONERS LARRY SCHLESlNGER AND GARY BECHTEL

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 ALLOW THE FIRE DEPARTMENT OR LAW ENFORCEMENT REPRESENTATIVE OF THE RETIREMENT BOARD OF TRUSTEES TO BE EITHER ACTIVE OR RETIRED RATHER THAN HAVING IT ALTERNATE BETWEEN AN ACTIVE OR RETIRED MEMBER EVERY OTHER TERM; 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

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WHEREAS, on January 1, 2014, the City of Macon and Bibb County consolidated to form Macon-Bibb County and the Macon Fire and Police Employees Retirement System (1969 Ga. Laws, page 2801) was closed to new members which creates the need to allow the fire department or law enforcement representative of the Retirement Board of Trustees to be either active or retired rather than having it alternate between an active or retired member every other term; 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 VII ("Retirement Board of Trustees"), Section I of Appendix III of the Charter of Macon-Bibb County entitled "Appointment and term of office" by altering the language to read as follows:

The Board shall consist of five (5) members chosen as follows: A. Two (2) Commissioners appointed by the Mayor; B. One (1) active or retired representative from either the former City of Macon Police Department or the Bibb County Sheriff's Department who participates in the Plan, chosen by a majority vote of the Plan participants from either the former City of Macon Police Department or the Bibb County Sheriff's Department both active and retired; C. One (1) active or retired representative from the Macon-Bibb County Fire Department who participates in the Plan, chosen by a majority vote of the Plan D. A private resident of Macon-Bibb County (who is knowledgeable in investment finance), to be selected by the above-mentioned four.

The terms of office of the Board members shall each be for a term of two (2) years and until a successor has been selected. The Macon-Bibb County attorney shall serve as legal counsel for and advisor to the Board. The Macon-Bibb County Human Resources Director shall be responsible for conducting the votes of the Plan participants in selecting the law enforcement and firefighter representatives in a manner approved by the Board of Trustees. If the private resident position of the remains vacant for more than (60) days, then, the Mayor shall be authorized to appoint an interim private resident member, subject to confirmation by a majority vote of the Macon-Bibb County Commission.

The individual members of the Board serving on June 1, 2015, shall continue to serve for their respective terms and until a successor has been selected unless said member ceases to meet the eligibility requirements set out above, in which case the member shall serve until a successor has been selected.

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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, unconstitutionality 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 or upon its adoption into law without such approval.

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FIRST PASSAGE OF CHARTER AMENDMENT

APPROVED AND ADOPTED this 16th day of June, 2015.

s/ ROBERT A.B. REICHERT ROBERT A.B. REICHERT, MAYOR

ATTEST: s/ JEAN S. HOWARD JEAN S. HOWARD, CLERK OF COMMISSION

SECOND PASSAGE OF CHARTER AMENDMENT

APPROVED AND ADOPTED this 7th day of July, 2015.

s/ ROBERT A.B. REICHERT ROBERT A.B. REICHERT, MAYOR

ATTEST: s/ JEAN S. HOWARD JEAN S. HOWARD, CLERK OF COMMISSION

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 THAT SHE IS THE CLASSIFIED/LEGAL MANAGER FOR THE MACON TELEGRAPH OR TRAVIS KNIGHT, WHO DEPOSES AND SAYS HE IS THE DIGITAL DIRECTOR OF ADVERTISING FOR THE MACON TELEGRAPH, AND ARE ALL AUTHORIZED BY THE PUBLISHER THEREOF TO MAKE THIS AFFIDAVIT, AND THAT ADVERTISEMENT AS PER ATTACHED CLIPPING HAS BEEN PUBLISHED IN THE MACON TELEGRAPH ON THE FOLLOWING DATES: 6/20, 22, 29

SIGNED s/ DIANNE BUCK

SWORN TO AND SUBSCRIBED BEFORE ME THIS 7th Day of July, 2015

s/ ANGEL WILFONG (SEAL)

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GEORGIA, BIBB COUNTY PUBLIC NOTICE

Macon-Bibb County proposes to amend Appendix III of its Charter related to the Macon-Bibb County Fire and Police Retirement System so as to allow the Fire Department or Law Enforcement Representative of the Retirement Board of Trustees to be either active or retired rather than having it alternate between an active or retired member every other term. The proposed charter amendment is available for public inspection in the Office of the Macon-Bibb County Clerk of Commission and the Office of the Bibb County Superior Court Clerk.

Filed in the Office of the Secretary of State July 21, 2015. __________

CHEROKEE COUNTY PURCHASING.

A RESOLUTION AND ORDINANCE BY
THE CHEROKEE COUNTY BOARD OF COMMISSIONERS

A Resolution and Ordinance authorizing the amendment of the Cherokee County Charter so as to amend Section 13 pertaining to formal sealed bid requirements for purchasing; and for other purposes.

WHEREAS, the Georgia General Assembly enacted an Act providing for the governing body of Cherokee County, Georgia and creating the Cherokee County Charter (the "Cherokee County Charter"), approved and recorded at 1989 Ga. Laws, page 4295; and
WHEREAS, the Cherokee County Charter has been amended from time to time since it first became effective; and
WHEREAS, the governing authority desires to amend the Charter to provide greater flexibility in the adoption of purchasing policies for the County; and
WHEREAS, the Georgia Constitution, Article IX, Sec. II, Par. I, entitled "Home Rule for Counties," authorizes amendments to local acts of the General Assembly by a resolution or ordinance duly adopted by the county governing authority under certain conditions after due notice has been published in the official organ of the county, and upon satisfaction and compliance with additional conditions and requirements as set forth in the Georgia Constitution; and
WHEREAS, those requirements applicable to amendments to local acts of the General Assembly by a resolution or ordinance duly adopted by the county governing authority as set forth in the Georgia Constitution, Article IX, Sec. II, Par. I(b)(1) have been met and satisfied; and

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WHEREAS, the Board of Commissioners is desirous of executing that authority granted to it by the Georgia Constitution, Article IX, Sec. II, Par. 1, in adopting this Resolution and Ordinance to amend to Section 13 of the Cherokee County Charter; and
WHEREAS, a majority of the Board of Commissioners deem it to be in the best interests of the citizens of Cherokee County that the Cherokee County Charter be further amended; and
IT IS HEREBY RESOLVED by the Board of Commissioners of Cherokee County that the Cherokee County Charter shall be amended as follows:

1.

Section 13 of the Cherokee County Charter is amended by striking it in its entirety and replacing it with a new Section 13 to read as follows:

"SECTION 13.

All purchases of Cherokee County shall be governed by all applicable general laws of the State of Georgia and also by any such ordinance or resolution as may be adopted from time to time by the board of commissioners."

SEVERABILITY

If any portion of this Resolution and Ordinance or the application thereof shall be held invalid or unconstitutional, the other provisions of this Resolution and Ordinance shall not be affected, and thus, the provisions of this Resolution and Ordinance are declared severable.

REPEALER

Any other Ordinance, Resolution, or local law, or portion thereof, now in effect, that is in conflict with any of the provisions of this Resolution and Ordinance, is hereby repealed.

EFFECTIVE DATE

This Resolution and Ordinance shall become effective when all required documents have been filed with the Secretary of State as required by the Georgia Constitution, Article IX, Sec. II, Par. 1(g).

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ADOPTION AT TWO CONSECUTIVE MEETINGS

This Resolution and Ordinance was adopted at two (2) regular consecutive meetings of the Cherokee County Board of Commissioners held on October 6, 2015 and October 20, 2015, as required by the Georgia Constitution, Article IX, Sec. II, Par. I(b)(1).

BE IT SO RESOLVED, this 20th day of October, 2015.

CHEROKEE COUNTY BOARD OF COMMISSIONERS

s/ L.B. AHRENS L.B. Ahrens, Chairman

s/ STEVE WEST Steve West, District 1

s/ RAYMOND GUNNIN Raymond Gunnin, District 2

s/ BRIAN POOLE Brian Poole, District 3

Attest:

s/ K. SCOTT GORDON K. Scott Gordon, District 4

s/ CHRISTY BLACK County Clerk [SEAL]

STATE OF GEORGIA--County of Cherokee

Before me, the undersigned; a Notary Public, this day personally came Otis Brumby III, who, being duly sworn, according to law, says that he is the General Manager of Times Journal, Inc., publishers of the Cherokee Tribune, official newspaper published in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 25th day of September, 2015, and on the 2nd and 9th days of October, 2015, as provided by law.

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s/ OTIS A BRUMBY III

Subscribed and sworn to before me this 12th day of October, 2015.

s/ JOLYNNE S. GOOSMAN Notary Public My commission expires September 15, 2018. [SEAL]

NOTICE OF CONSIDERATION OF COUNTY CHARTER AMENDMENT

Re: Proposed Amendment to the Cherokee County Charter

Notice is hereby given that the Cherokee County Board of Commissioners will consider amending Section 13 of the Cherokee County Charter, pursuant to the Georgia Constitution, Article IX, Sec. II, Par. 1, at the Board's regular meetings on October 6, 2015 and October 20, 2015 at 6:00 p.m. in Cherokee Hall located at the Cherokee County Administration Building, 1130 Bluffs Parkway, Canton, Georgia. The proposed modification to the Cherokee County Charter will provide that all purchases of Cherokee County shall be governed by all applicable general laws of the State of Georgia and also by any such ordinance or resolution as may be adopted from time to time by the Board of Commissioners. A copy of the proposed amendment is on file and available for the purposes of examination and inspection by the public with the County Clerk in the Cherokee County Administration Building and with the office of the Cherokee County Clerk of Courts in the Cherokee County Justice Center.

Filed in the Office of the Secretary of State November 20, 2015. __________

MACON-BIBB COUNTY ) MACON-BIBB COUNTY PENSION PLAN; INCORPORATE INTO CHARTER.

SPONSOR: MAYOR ROBERT A.B. REICHERT

COMMITTEE AMENDMENT

AN ORDINANCE OF THE MACON-BIBB COUNTY COMMISSION TO ADOPT A RESTATEMENT OF THE MACON BIBB COUNTY PENSION PLAN (FORMERLY KNOWN AS THE BIBB COUNTY PENSION PLAN OF 1968), [HEREINAFTER THE

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"PLAN"], SO AS TO INCORPORATE PRIOR AMENDMENTS AND FOR FILING WITH THE INTERNAL REVENUE SERVICE FOR A DETERMINATION LETTER; TO INCLUDE THE PLAN AS APPENDIX I TO THE CHARTER OF MACON-BIBB COUNTY SO AS TO PROVIDE FOR CODIFICTION OF THE PLAN; AND FOR OTHER PURPOSES.

WHEREAS, Georgia law specifically allows local municipalities to amend the provisions of their charters relating to public retirement systems pursuant to authority granted under the Georgia Public Retirement Systems Standards Act, O.C.G.A. Sec. 47-20-1 et seq., and the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq., as amended; O.C.G.A. Sec. 36-35-1 et seq.); and

WHEREAS, the Macon-Bibb County Commission must adopt a restatement of the Plan so as to incorporate prior amendments and for filing with the Internal Revenue Service for a determination letter; and

WHEREAS, the Macon-Bibb County Commission also finds that it is in the best interest of Macon-Bibb County to include the Plan as Appendix I to the Charter of Macon-Bibb County, (Ga. L. 2012, p. 5595, as amended), so as to provide for codification of the Plan;

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. Articles 1 thru 18 of the Plan are hereby amended pursuant to authority granted Macon-Bibb County under the Georgia Public Retirement Systems Standards Act, O.C.G.A. Sec. 47-20-1 et seq., and the Municipal Home Rule Act of 1965, (Ga. L. 1965, p. 298, et seq., as amended; O.C.G.A. Sec. 36-35-1 et seq.,) by deleting Articles 1 thru 18 in their entirety and inserting in their place the revised Articles 1 thru 18 in substantially the same form as Exhibit "A" attached hereto and incorporated herein by reference.

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.), Section 25 of the Charter of Macon-Bibb County, (Ga. L. 2012, p. 5595, as amended), shall be amended by adding a new subsection (c) to read as follows:
(c) The provisions of the Macon-Bibb County Pension Plan, formerly known as the Bibb County Pension Plan of 1968, as amended and restated, are incorporated herein and made a part hereof as Appendix I to this charter.

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Section 3. 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.), the Charter of Macon-Bibb County, (Ga. L. 2012, p. 5595, as amended), shall be amended to include the revised Articles 1 thru 18, (attached hereto as Exhibit "A" and incorporated herein by reference), as Appendix I to the Charter.

Section 4. In accordance with Sec. 1-4(c) of the Code of Ordinances of Macon-Bibb County, Georgia, it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of Ordinances of Macon-Bibb County, Georgia, and the sections of this Ordinance may be renumbered to accomplish such intention.

Section 5. The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared illegal by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.

Section 6. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed.

Section 7. This Ordinance shall become effective immediately upon its approval by the Mayor or upon its adoption into law without such approval.

FIRST PASSAGE OF CHARTER AMENDMENT

SO ORDAINED this 1st day of December, 2015.

s/ ROBERT A.B. REICHERT ROBERT A.B. REICHERT, MAYOR

ATTEST: s/ JANICE L. ROSS JANICE ROSS, CLERK OF COMMISSION

SECOND PASSAGE OF CHARTER AMENDMENT

SO ORDAINED this 15 day of December, 2015.

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s/ ROBERT A.B. REICHERT ROBERT A.B. REICHERT, MAYOR

ATTEST: s/ JANICE L. ROSS JANICE ROSS, CLERK OF COMMISSION

EXHIBIT "A"

Charter Appendix I. - MACON-BIBB COUNTY PENSION PLAN __________

Editor's note: Effective as of December 17, 1968, Bibb County, Georgia, established The Bibb County Pension Plan of 1968 (the "Plan"). The Plan was amended and restated effective as of January 1, 1989 and again effective January 1, 2011. Effective January 1, 2014, the Plan was amended to reflect the restructuring of Bibb County, Georgia and the City of Macon, Georgia governments into a new entity Macon-Bibb County, Georgia and sponsorship of the Plan was transferred to Macon-Bibb County (the "Employer"). Effective January 1, 2015, the Plan is again amended and restated to incorporate all Plan amendments since January 1, 2011, and for purposes of filing the Plan with the IRS for a favorable determination letter. The Plan is now referred to as the Macon-Bibb County Pension Plan.

Except where noted, the provisions of this Plan shall apply only to Employees whose employment with the Employer terminates on or after January 1, 2015. If the Employee's employment with the Employer terminates prior to such date, the Employee shall be entitled to benefits under the Plan as the Plan existed on the date of the Employee's termination of employment, except where noted.

The Plan is intended to satisfy Code Section 401(a) by meeting the requirements of Code Section 414(d).

State law references: Power to maintain and modify retirement or pension systems, Const. Ga. Art. 9, Sec. 2, Par. 3 (a)(14); public retirement standards law, O.C.G.A. 47-20-1et seq. __________

ARTICLE 1 DEFINITIONS

Accrued Benefit means, subject to Article 12 of the Plan, the retirement benefit a Participant would receive at his Normal Retirement Date, determined under Section 5.02 of the Plan based on his Final Average Monthly Base Earnings and Years of Service at the date of determination.

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Accumulated Past Service Credit means the credit for years of employment with the Employer prior to the Original Effective Date (including Years of Service under the former fee system of compensation) and acquired and retained upon establishment of the Plan.

Actuarial Equivalence or Actuarial Equivalent means, except as otherwise set forth herein, a benefit that has the same present value as the Regular Monthly Benefit on the date the benefit payment commences, based on a 7.5% interest rate and the following mortality table:

1/1/1989 - 12/31/1994 - 1971 Group Annuity Mortality Table 1/1/1996 - current - 1983 Group Annuity Mortality Table

Effective for distributions with annuity starting dates on or after January 1, 2003, and notwithstanding any other Plan provisions to the contrary, the applicable mortality table used for purposes of adjusting any benefit limitation under Code Section 415(b)(2)(B) (relating to the adjustment to the benefit limitation amount for forms of benefit other than a straight life annuity), Code Section 415(b)(2)(C) (relating to the adjustment to the benefit limitation where benefits begin before age 62), or Code Section 415(b)(2)(D) (relating to the adjustment to the benefit limitation where benefits begin after age 65), as set forth in Article 12 of the Plan, is the table prescribed in Rev. Rul. 2001-62. For any distribution with an annuity starting date on or after the effective date of this Section and before the adoption date of this Section, if application of the amendment as of the annuity starting date would have caused a reduction in the amount of any distribution, such reduction is not reflected in any payment made before the adoption date of this Section. However, the amount of any such reduction that is required under Code Section 415(b)(2)(B) (relating to the adjustment to the benefit limitation amount for forms of benefit other than a straight life annuity), must be reflected actuarially over any remaining payments to the Participant.

Actuary means an actuary who is enrolled under Subtitle C of Title III of the federal Employee Retirement Income Security Act of 1974, P.L. 93-406, or an Associate of the Society of Actuaries.

Annuity Starting Date means the first day of the first period for which an amount is paid as an annuity or any other form.

Authorized Leave of Absence means any absence authorized by the Employer under the Employer's standard personnel practices, provided that the Participant retires or returns on or before the expiration of the Authorized Leave of Absence.

Base Earnings means the gross salary or wages paid by the Employer to the Employee during a specified twelve-month period, including Incentive Pay of Law Enforcement Participants, allowances computed by the Pension Trustee Board, and before-tax or salary deferral

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contributions made under Code Sections 125, 402(g)(3), 457, 132(f) or 414(h) to the Plan or any other plan of the Employer. Base Earnings does not include overtime pay, comp time or expense reimbursements. For Employees hired on and after June 15, 2005, Base Earnings also excludes accumulated vacation pay paid at Termination of Employment. Effective for plan years prior to June 7, 1994, Base Earnings meant total compensation.

Except with respect to Qualified Participants (as defined below), in no event shall the Base Earnings of a Participant taken into account under the Plan for any Plan Year exceed (i) $200,000 for Plan Years beginning on or after January 1, 1989, (ii) $150, 000 for Plan Years on or after the later of (a) January 1, 1996 or (b) the 90th day after the opening of the first legislative session that begins on or after January 1, 1996, or (iii) for Plan Years beginning on or after January 1, 2002, the limitations of Code Section 401(a)(17) in effect as of the beginning of the Plan Year (i.e., $200,000 for 2002). For purposes of applying the $150,000 limit for the 1996 Plan Year, if any Employee is the spouse or a lineal descendant of an Employee (provided the lineal descendant is younger than age 19 by the end of the Plan Year) who is one of the ten (10) "highly compensated employees" (within the meaning of Code Section 414(q)) paid the greatest amount of earnings (determined without regard to the $150,000 limit, as adjusted) during the Plan Year, the Employee shall not be treated as a separate Employee.

The limitations set forth in the preceding paragraph shall be subject to adjustment annually as provided in Code Section 401(a)(17)(B) and Code Section 415(d); provided, however, that the dollar increase in effect on January 1 of any calendar year, if any, is effective for the Plan Year.

The limit described in the previous paragraphs shall not apply to any Qualified Participant. A Qualified Participant is any Participant who first became a Participant in the Plan before January 1, 1996.

The Plan Year limitations in effect as of the beginning of the Plan Year in which each twelve-month period used to determine Final Average Monthly Base Earnings begins shall apply to Base Earnings paid during such twelve-month period.

Beneficiary means for employees hired on and after January 1, 2004, the Participant's Spouse, unless such Spouse has waived all rights under the Plan in a written instrument. If the Spouse effectively waives benefits under the Plan, or the Participant has no Spouse on his date of death, the Participant's children (by birth or adoption) under the age of eighteen will receive any benefits due under the Plan in equal shares until the child reaches the age of eighteen (18) (age twenty-two (22) if the child is a student enrolled full time in an accredited post secondary institution of higher learning). Except as noted below, in the case of a refund of Participant Contributions under Article 4, a Participant may designate only his

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Spouse or children as his Beneficiary. If a Participant does not have a Beneficiary designated, or if no Beneficiary survives the Participant, no death benefit will be paid (other than the return of Participant Contributions).

For Employees hired prior to January 1, 2004, who have no Spouse, or whose Spouse has effectively waived all rights to benefits under the Plan, Beneficiary means any individual(s) designated by the Participant in accordance with procedures established by the Pension Trustee Board to receive distributions under the Plan pursuant to Article 9, in the event of the Participant's death before his retirement. For Employees hired prior to January 1, 2004, if the Participant has designated no beneficiary or the designated beneficiary predeceases the Participant or is incompetent, the Pension Trustee Board may direct such payments be made to such person as the Pension Trustee Board may find equitably entitled thereto, including but not limited to a surviving spouse or child of the Participant.

The Pension Trustee Board may direct payment to or for the benefit of a minor child without the intervention of a guardian.

A Participant may designate any individual, trust or other entity as his Beneficiary for purposes of receiving a refund of his Participant Contributions under the circumstances described in Article 4. Such a Beneficiary designation shall be made separately from the designation of a Beneficiary to receive a death benefit under Article 9. If the Participant does not designate a Beneficiary for this purpose, or the Beneficiary so designated does not survive the Participant, the Participant's Beneficiary for purposes of receiving any refund of Participant Contributions shall be his Spouse, if the Participant is survived by a Spouse, or the Participant's estate if he is not survived by a Spouse.

For the purposes of this Section, revocation of prior Beneficiary designations will occur when a Participant files a new valid designation with the Plan Administrator.

Nothing in this definition of Beneficiary shall be deemed to provide death benefits that are not otherwise provided in this Plan.

Board or Board of Commissioners means the elected officials comprising the Macon-Bibb County Commission.

Code means the Internal Revenue Code of 1986, as amended.

Compound Interest means the annual rate of interest to be credited to a Participant's contributions to the Plan, which is set until changed at five percent (5%) per annum and which is compounded as of each January 1 ("Anniversary Date").

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County or Macon-Bibb County means Macon-Bibb County, Georgia. References to "County" in the Plan prior to January 1, 2014, mean Bibb County, Georgia.

Deferred Vested Pension means, with respect to a Participant, the benefit described in Article 8 of the Plan.

Disability or Disabled means a physical or mental condition of a Participant that renders him unable to perform any gainful work or employment for which he is reasonably suited by virtue of his training and education, as determined by the Pension Trustee Board.

Effective January 1, 2004, a Participant applying for a Disability Pension or receiving Service for a period of Disability must also, first or contemporaneously, apply to the Social Security Administration for disability benefits and must complete an application for disability retirement benefits from the Employer while employed by the Employer. The Participant must authorize complete and unconditional release of all the Participant's physical and mental health records or internal Employer personnel records relating to the Participant to the Pension Trustee Board and up to three (3) physicians selected by the Pension Trustee Board. The Participant must submit to any and all tests, evaluations, and assessments (the cost of which shall be paid by the Employer) and course of treatment recommended by the physicians selected by the Employer for this purpose. The physicians shall, as soon as reasonably practical, present a written report to the Pension Trustee Board, indicating whether the Participant is medically fit to return to service in any capacity. The Pension Trustee Board shall determine whether the Participant is permanently and totally disabled and will either be placed on disability retirement or returned to active service in any capacity with or without reasonable accommodation. If the Participant is found to be capable of returning to service in any capacity, the Participant shall be ineligible for Disability retirement benefits. If a Participant refuses to submit to such medical examination or examinations, he shall not be granted a Disability Pension or receive Service during the continuance of such refusal.

The Pension Trustee Board's decision on whether a Participant is Disabled shall be final and binding on the Participant.

Disability Pension means, with respect to a Participant, the benefit described in Article 7 of the Plan.

Disability Retirement Date means the date the Participant is determined by the Pension Trustee Board to be Disabled and Terminates from Employment with the Employer.

Early Retirement Date means the first day of any calendar month following the date the Participant has attained at least age fifty-five (55) and has completed at least twenty (20)

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Years of Service, which precedes the Participant's Normal Retirement Date. For Employees hired before January 1, 2014, Early Retirement Date means the first day of any calendar month that the Participant has attained at least age of fifty (50) and has completed at least twenty (20) Years of Service.

Early Retirement Pension means, with respect to a Participant, the benefit described in Article 6 of the Plan.

Effective Date means, except as otherwise provided in the Plan, January 1, 2015, the date on which this amendment and restatement of the Plan became effective. The Original Effective Date of the Plan is December 17, 1968.

Eligible Employee means, except as noted in the following paragraph, the following: (a) Any Employee regularly scheduled to work at least thirty (30) hours per week who is employed by the Employer and is receiving remuneration for personal services rendered to the Employer and paid by the Employer by check of its Treasury, whether paid directly to the Participant or to another for transmission or distribution;

(b) Any elected and appointed official paid by the Employer by check of its treasurer, whether paid directly to the Participant or to another for transmission or distribution including appointees of the judges of the Superior Court in and for the Employer other than part-time Commissioners who were elected or appointed to an initial term after June 22, 2004;

(c) Employees and officers of the Macon-Bibb County Planning and Zoning Commission hired on and after January 1, 20I4.

(d) Tax commissioners first elected on and after July 1, 2012;

(e) Tax commissioner's employees hired or rehired on and after July 1, 2012;

(f) Judges of the Macon-Bibb County Magistrate Court;

(g) Employees of the Macon-Bibb County Industrial Authority who are regularly scheduled to work at least thirty (30) hours per week and receiving remuneration for personal services rendered to the Authority, whether paid directly to the Participant or to another for transmission or distribution;

(h) Judges of the Macon-Bibb County Superior Court.

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Notwithstanding the foregoing, the following Employees shall not be Eligible Employees:

(a) officers and employees of the Macon-Bibb County Board of Health;

(b) Employees and officers of the Bibb County Department of Family and Children Services;

(c) Employees and officers of the Macon-Bibb County Planning and Zoning Commission hired prior to January 1, 2014;

(d) The Macon-Bibb County Agricultural Agent and employees of the Agricultural Agent;

(e) The Macon-Bibb County Home Demonstration Agent and employees of the Home Demonstration Agent;

(f) Members and employees of the Macon-Bibb County Hospital Authority;

(g) Members and employees of the Macon-Bibb County Economic Opportunity Council;

(h) Casual and temporary employees, including court bailiffs who serve for indefinite periods and are paid on a per diem basis;

(i) Contractors and agents and their officers, agents and employees, whose employment by the Employer or any of its agencies is casual or temporary, or intermittent, or for the job;

(j) All officers and employees, except elected officials, whose main vocation or occupation is not employment by the Employer or its agencies, the Pension Trustee Board being vested with full authority to determine the application of this coverage exception;

(k) The district attorney of the Superior Courts for the Macon Judicial Circuit;

(l) The Judge and Solicitor of the State Court of the County and personnel of their respective offices;

(m) Employees and officials who upon the Original Effective Date were receiving payment of benefits from any of the prior pension plans established by 1949 Ga. Laws, page 1371 and 1953 Ga. Laws, page 2907 as amended, or elected not to participate in the Plan;

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(n) An employee classified by the Employer as a leased employee, regardless of whether such Employee is a leased employee within the meaning of Code Section 414(n)(2);

(o) A person who is classified by the Employer as an independent contractor or leased employee for purposes of the withholding and payment of employment taxes, even if such person is later determined, whether by the Employer or otherwise, to be a common law Employee of the Employer.

(p) Employees actively participating in the Macon-Bibb County General Employees' Pension Plan (Plan A), as adopted by Bibb County and who (i) transferred to Bibb County from the City of Macon, Georgia, on July 1, 2012, (ii) were credited with at least five (5) Years of Service under Plan A as of June 30, 2012, and (iii) are actively accruing pension benefits under Plan A.

(q) Juvenile Court judges.

(r) Effective July 31, 2006, Employees and officers of the Macon, Georgia Cherry Blossom Festival Inc. and the Keep Macon Bibb Beautiful Commission.

If a Participant transfers employment or has a change in employment status so that he would not be an Eligible Employee in his new position, he shall not remain as an Eligible Employee.

Employee means any person employed by the Employer as a common law employee, any person on Authorized Leave of Absence from the Employer, any person who is a "leased employee" within the meaning of Code Section 414(n)(2) with respect to the Employer; and any elected official of the Employer. Pursuant to Code Section 414(n)(2), a leased employee is a person who is not an employee of the Employer and who provides services to the Employer if (a) such services are provided pursuant to an agreement between the Employer and any other person; (b) such person has performed such services for the Employer (or for the Employer and related persons) on a substantially full-time basis for a period of at least one year; and (c) such services are performed under the primary direction or control of the Employer.

Employer means Macon-Bibb County, Georgia. Effective July 1, 2015, Employer shall also mean the Macon-Bibb County Industrial Authority.

Excess Annual Leave means accrued annual leave in excess of 480 hours, which is forfeited from use as annual leave and, effective January 1, 2004, is converted to Service credit under this Plan for purposes of calculating a Participant's Years of Service.

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Final Average Monthly Base Earnings means, effective on or after June 22, 2004, the average of the Participant's Base Earnings over the three calendar years during which the Participant received the highest Base Earnings divided by 36. The following rules shall be applied to determine a Participant's Final Average Monthly Base Earnings:
(i) Only Base Earnings earned or deemed to have been earned during a period for which the Participant is receiving Service or is an Eligible Employee may be counted towards Final Average Monthly Base Earnings.
(ii) Effective, January 1, 2006, the three calendars years described above need not be consecutive but must include whole calendar years.
(iii) Base Earnings shall be counted in the year paid, even if earned in a prior year.

Effective July 26, 2005, solely for purposes of determining a Participant's Disability Pension, Final Average Monthly Base Earnings means the highest 36 months of Base Earnings received by the Participant.

Effective December 17, 1968 through December 1, 1998, Final Average Monthly Base Earnings means the total Base Earnings received by the Participant during the last five (5) Years of Service, divided by 60.

Effective December 1, 1998 through April 20, 1999, Final Average Monthly Base Earnings means the total Base Earnings received by the Participant during the five (5) highest calendar Years of Service, divided by 60.

Effective April 20, 1999 through June 22, 2004, Final Average Monthly Base Earnings means the total Base Earnings received by the Participant during the three (3) highest calendar Years of Service.

Five-year Break in Service means sixty (60) consecutive months after Termination of Employment which will cause a nonvested Participant to lose prior Service.

Fund means an insurance contract or any other annuity contract or trust, or any combination thereof, or any other pool of assets established by the Employer to hold assets that will be applied to fund benefits under the Plan. The Employer from time to time shall actuarially determine the soundness of the Fund through consultation with the Actuary and shall augment contributions as may be required to ensure that the Plan will remain actuarially sound. Such augmented contributions may be made in payments over a reasonable number of years as permitted by federal or State law.

Fund Administrator means the custodian of any Fund that is named by the Pension Trustee Board.

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Incentive Pay means compensation paid to Law Enforcement Participants in addition to and apart from Base Earnings.

Law Enforcement Participant means the Sheriff of the County and the Sheriff's Deputies, County police officers, the Sheriff and Deputies of the Civil Court of the County, and the Probation Officer of the Juvenile Court of the County whose pay is derived from Macon-Bibb County. Effective January 1, 1996, Law Enforcement Participant includes the POST certified investigators of the District Attorney's Office, and the POST certified members of the Lake Tobesofkee Ranger Force

Limitation Year means the calendar year.

Macon-Bibb County Commission means the Mayor and the Commissioners of Macon-Bibb County, Georgia.

Nonforfeitable means a Participant's or Beneficiary's unconditional claim, legally enforceable against the Plan, to the Participant's Accrued Benefit. If a Participant is one hundred percent (100%) vested in any benefit under the Plan, such benefit is considered Nonforfeitable.

Nontransferable Annuity means an annuity that by its terms provide that it may not be sold, assigned, discounted, pledged as collateral for a loan or security for the performance of an obligation or for any purpose to any person other than the insurance company. If the Fund Administrator distributes an annuity contract, the contract must be a Nontransferable Annuity.

Normal Retirement Age means (except as otherwise provided below) age sixty-five (65) for Employees hired and non-vested former Participants rehired on and after May 1, 2011. Effective November 5, 1996, for Employees first hired prior to May 1, 2011 (including fully vested former Participants who Terminated Employment before May 1, 2011, and are rehired at a later time), Normal Retirement Age means the earlier of the date the Participant attains age sixty (60) (effective between January 1, 1989 and November 5, 1996, age sixty-two (62)) or completes thirty (30) Years of Service.

For Law Enforcement Participants hired on and after January 1, 2014, Normal Retirement Age means the earlier of the date the Law Enforcement Participant attains age sixty (60) with ten (10) Years of Service or completes thirty (30) Years of Service. For Law Enforcement Participants hired before January 1, 2014, Normal Retirement Age means the earlier of the date the Law Enforcement Participant attains age fifty- five (55) or completes twenty-five (25) Years of Service.

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In no event shall any Participant's Normal Retirement Age be earlier than the tenth anniversary of the Eligible Employee's first date of participation in the Plan.

Normal Retirement Date means the means the first day of the calendar month coincident with or next following the later of the Participant's Normal Retirement Age or his Termination of Employment.

Normal Retirement Pension means, with respect to a Participant, the benefit described in Section 5.01 of the Plan.

Participant means an Eligible Employee who is eligible to be and becomes a Participant in the Plan in accordance with the provisions of Article 2 of the Plan. An Employee who becomes a Participant shall remain a Participant under the Plan until the Fund Administrator has fully distributed his Nonforfeitable Accrued Benefit to him.

Pension Trustee Board means the Board as appointed by the Employer in accordance with Section 13.03 of the Plan.

Plan means the Macon-Bibb County Pension Plan, as set forth herein and as amended from time to time.

Plan Administrator means the Pension Trustee Board. In addition to its other duties, the Plan Administrator shall have full responsibility for compliance with the reporting and disclosure rules under all laws applicable to this Plan. The Plan Administrator may delegate any of its duties under the Plan to the Actuary and/or third party administrator. The Plan Administrator shall have no authority to amend and/or terminate the Plan.

Plan Year means the fiscal year, which begins on July 1 each year and ends on June30.

Pre-Retirement Survivor Annuity means, with respect to a Participant and his Spouse, the benefit described in Article 9 of the Plan.

Qualified Military Service means Military Service during which the Employee is entitled to reemployment rights under Chapter 43 Title 38 of the United State Code. "Military Service" means the period of an Employee's active duty for training and service in the Army, Navy, Air Force or Marines of the United States of America, the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty, the commissioned corps of the Public Health Service, and any other category of persons designated by the President in time of war or national emergency.

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Regular Monthly Benefit means the dollar amount derived from the formula provided in Section 5.01, and paid as a life annuity with no survivor benefit.

Service means the measurement of a Participant's employment with the Employer that is used to determine the amount of his benefits under the Plan. Service shall be all years and completed months (but not partial months) during which an individual is an Eligible Employee under this Plan and is receiving Base Earnings from the Employer, subject to the following rules:

(a) An Employee shall not earn Service for periods during which he is an Eligible Employee but not a Participant except for Accumulated Past Service Credit acquired and retained by the Participant at the time of establishment of the Plan.

(b) An Eligible Employee shall not receive Service for periods during which he is absent from employment on account of an Authorized Leave of Absence (other than what is required by federal law for military leave under USERRA) or, except as otherwise provided herein, other conditions that are not treated by the Employer as a Termination of Employment.

(c) Effective May 10, 1999, Service shall include periods for which the Eligible Employee is absent from work on account of illness or vacation and receives Base Earnings from the Employer. For Employees hired before May 1, 2011 only, (including fully vested former Participants who Terminated Employment before May 1, 2011, and are rehired at a later time), Service shall also include accumulated sick leave at Termination of Employment.

(d) For Employees hired before May 1, 2011 only, (including fully vested former Participants who Terminated Employment before May 1, 2011, and are rehired at a later time), Service shall include Excess Annual Leave.

(e) Partial years of Service shall be credited in increments of one-twelfth of a year, with one calendar month equal to one-twelfth of a year. Partial calendar months shall be aggregated by days, with 30 days equal to one-twelfth of a year.

(f) Service shall exclude periods during which the Participant is receiving payments from the long-term disability or workers' compensation programs maintained by the Employer and exclude periods during which the Participant is waiting for a determination of Disability unless such periods are counted under another provision of this Section.

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(g) Service shall exclude any period of service taken into account under any other qualified defined benefit plan and any period during which benefits are received under the Plan or under the plans established by the General Assembly of Georgia under 1949 Ga. Laws, page 1371, or under the plan provided by 1953 Ga. Laws, page 2907.

(h) Refer to Sections 2.03 and 2.04 for the rules applicable upon rehire.

(i) Eligible Employees who were transferred to Bibb County, Georgia from the City of Macon, Georgia on July 1, 2012, shall receive Service for vesting and benefit accrual based on prior service accrued under the City of Macon General Employees' Pension Plan, but shall be treated as hired on May 1, 2011, for purposes of Section 5.02 of the Plan.

(j) Eligible Employees shall receive Service for vesting and benefit accrual based on prior service with Bibb County, Georgia and future service with Macon-Bibb County.

(k) For Employees hired on and after January 1, 2014, Service shall not include periods of employment after 34 Years of Service.

(l) Eligible Employees of the Macon-Bibb County Industrial Authority shall not receive Service credit for periods of employment with the Authority prior to July 1, 2015.

Spouse or Surviving Spouse means the person to whom the Participant is legally married. '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.

Termination of Employment or Terminates Employment means the earliest of the following dates:

(a) The date of the Employee's voluntary resignation from employment with the Employer;

(b) The date of the Employee's discharge from employment by the Employer;

(c) The date of the Employee's death; or

(d) The date the Employee ceases employment with the Employer on account of retirement or Disability.

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Notwithstanding the foregoing, an Employee who ceases to be actively employed by reason of an Authorized Leave of Absence shall not be considered as having a Termination of Employment. However, any Participant who is receiving benefits under any long-term disability plan for a period of twelve (12) consecutive months may be considered terminated by the Employer.

USERRA means the Uniformed Services Employment and Reemployment Rights Act of 1994.

Year of Service means a twelve (12) month period of Service, or fractions thereof creditable toward retirement and benefits hereunder including those periods counted towards Accumulated Past Service Credit. No period during which benefits are received under this Plan or under the plan established by the General Assembly of Georgia under 1949 Ga. Laws, page 137 or under the plan provided by 1953 Ga. Laws page 2907 shall be included in Years of Service.

ARTICLE 2 ELIGIBILITY

2.01 Eligibility.

An Employee shall become a Participant in the Plan on the first day as of which he is an Eligible Employee, as defined in Article I hereof.

2.02 Change in Employment Status.

If a Participant ceases to be an Eligible Employee but does not Terminate Employment, then during the period that such a Participant is not an Eligible Employee, the Participant shall not accrue Service under the Plan attributable to that period.

2.03 Participation and Service Upon Reemployment.

Except as provided in Section 10.04 (Reemployment of a Retired Participant) or in Sections 2.04 (Reemployment of a Vested Participant) below, a Participant who is reemployed by the Employer as an Eligible Employee following a Five-year Break in Service shall be treated for all purposes as a new Employee (one-year break prior to August 3, 1993). A Participant who is reemployed by the Employer as an Eligible Employee before incurring a Five-year Break in Service shall resume participation in the Plan as of his reemployment date and except as provided in Section 2.05 of the Plan, his Service and Base Earnings from his previous period of Employment as an Eligible

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Employee shall be combined with any Service, and Base Earnings earned after his rehire date to determine his benefits under this Plan.

2.04 Reemployment of a Vested Participant.

Notwithstanding Section 2.03 above, a Participant who is reemployed by the Employer as an Eligible Employee and who was 100% vested in his benefits under this Plan as of his previous Termination of Employment, shall resume participation in the Plan as a Participant on the first day of his reemployment as an Eligible Employee. Except as provided in Section 2.05 of the Plan, any Service and Base Earnings from the reemployed Participant's previous period of Employment as an Eligible Employee shall be combined with any Service and Base Earnings earned after his reemployment date to determine his benefits under this Plan.

2.05 Refund of Contributions to Participant Before Reemployment.

A Participant who is reemployed by the Employer as an Eligible Employee and who received a refund of his Participant Contributions (if any) must repay the full amount of such refund plus interest at the rate of six percent (6%) per annum in order for any prior Service and Base Earnings to be restored.

2.06 Open Enrollment Period for Certain Participants.

Employees who are for the first time made eligible for participation as Participants by amendatory provisions adopted in an Ordinance dated December 6, 1988, (which removed age restrictions required under the Age Discrimination in Employment Act) shall be eligible for enrollment and participation provided that such Eligible Employee shall make application to the Board of Commissioners on or before March 15, 1989, for inclusion in the Plan as a Participant. Upon receipt of such application, the Board of Commissioners will cause a calculation to be made of the amount of the contributions which the applicant would have made had said applicant been eligible for inclusion from the date of initial employment or election, and the applicant shall pay to Bibb County such sums as the applicant would have paid had said applicant been a Participant from the date of employment or election (if any). No payment shall be required for breaks in continuous service, but the Years of Service shall mean the total of the actual months of Service with Bibb County divided by 12. In addition to the principal payments to Bibb County by such applicant, the applicant shall also pay to Bibb County interest thereon at the rate of eight percent (8%) per annum computed as to each payment from the date which such payment would have been made by such applicant had said applicant been a Participant, and upon such payment such applicant shall be entitled to credit for prior Service as if said applicant had been a Participant from the first date of employment or taking office.

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2.07 Restructured Government.

(a) Any Employee whose employment is transferred from the City of Macon or Bibb County, Georgia, effective January 1, 2014, in connection with the restructured government pursuant to an act of the Georgia General Assembly, and who was actively participating in either the Macon Fire and Police Employees' Retirement System or the Macon Pension and Retirement Systems, Division A, (the "Macon Plans") shall continue to participate in the Macon Plan in which he or she was participating as of December 31, 2013, after his or her employment is transferred to Macon-Bibb County, and shall not participate in this Plan.

(b) In no event shall any Eligible Employee accrue benefits under this Plan for periods of Service performed for Bibb County, Georgia, the City of Macon, Georgia, or Macon-Bibb County, if such Service is taken into account for the purposes of benefit accrual under one of the Macon Plans.

(c) Any Participant whose job is abolished pursuant to Section 30(e) of HB 1171 and who is rehired by Macon-Bibb County by the end of the calendar year, shall not have a Termination of Employment for purposes of this Plan.

(d) Any Eligible Employee who was formerly employed by the City of Macon, Georgia or Bibb County, Georgia, prior to January 1, 2014, and is reemployed by Macon-Bibb County on or after January 1, 2014, shall participate in this Plan as a new Employee as of his date of reemployment and shall come under the terms of the Plan in effect on his or her reemployment date. Provided, however, if such reemployed Eligible Employee (i) was 100% vested in his benefits under the retirement system sponsored by the City of Macon, Georgia or Bibb County, Georgia, as of his previous Termination of Employment or (ii) was not 100% vested in his benefits under such retirement system as of his previous Termination of Employment but has not incurred a Five-Year Break in Service, he shall receive Service credit from his previous period of employment with the City of Macon, Georgia and/or Bibb County, Georgia for vesting purposes only.

2.08 Participation by Employees of Macon-Bibb County Industrial Authority.

An Eligible Employee of the Macon-Bibb County Industrial Authority (as defined in Article 1 hereof), who is actively employed by the Authority on July 1, 2015, may make a one-time irrevocable election to opt out of the Plan. Such election must be made on or before December 31, 2015, and the Eligible Employee must be actively employed by the Macon-Bibb County Industrial Authority on the date of his or her election. An Eligible Employee hired or rehired by the Macon-Bibb County Industrial Authority after July 1,

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2015, shall become a Participant in the Plan on the first day as of which he is an Eligible Employee.

ARTICLE 3 EMPLOYER CONTRIBUTIONS

3.01 Amount.

The Employer will make such contributions as are necessary to fund the Plan in accordance with all applicable minimum funding standards for governmental plans under the Code and Georgia law. Each contribution is contingent upon the maintenance of qualified status by the Plan for the year with respect to which such contribution is made.

3.02 Determination of Contribution.

The Employer, from its records and the reports of the Actuary, shall determine the amount of any contribution to be made by it to the Fund under the terms of the Plan. In this regard, the Employer may place full reliance upon all reports, opinions, tables, valuations, certificates and contributions the Actuary furnishes the Employer.

3.03 Cherry Blossom Festival, Inc. and the Keep Macon Bibb Beautiful Commission.

Effective July 31, 2006, the Accrued Benefit of each Participant employed by the Cherry Blossom Festival, Inc. and the Keep Macon-Bibb Beautiful Commission is frozen and no further benefits have accrued to such Participants after such date.

3.04 Time of Payment of Contribution.

The Employer must make its contribution to the Fund Administrator no later than the time required by Georgia law.

3.05 Non-vested Accrued Benefit.

Amounts representing the non-vested Accrued Benefit (and the earnings thereon) of Participants who have terminated employment, died, or forfeited benefits under the Plan for any other reason shall not be used to increase benefits under the Plan. Such amounts shall, instead, be used to reduce administrative expenses and then to reduce Employer contributions for future Plan Year(s).

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ARTICLE 4 PARTICIPANT CONTRIBUTIONS

4.01 Participant Contributions.

(a) Participant Contributions. Prior to October, 1981, each Participant was required to make contributions to the Plan. The Plan Administrator shall hold such amounts, for recordkeeping purposes with Compound Interest, in a Participant Contribution Account for each contributing Participant. Such account shall be a notional account only. The Participant may not direct the investment of such account, and such amounts shall be held together with the remaining assets of the Fund. The Participant shall not, on account of the existence of such an account, have any greater or higher-priority claim on the assets of the Fund than any other Participant.

(b) Effective October, 1981, no Participant contributions are required or permitted to be made to the Plan.

4.02 Refund of Participant Contributions.

(a) In General. If a Participant has a Termination of Employment and is not eligible for any benefits under the Plan, or if the Participant dies before his Annuity Starting Date and no death benefit is payable to a Beneficiary, the Participant (or the Beneficiary, if the Participant dies) shall receive a refund of all Participant Contributions with Compound Interest, if any, that is held in the Participant Contribution Account.

A Participant shall not receive an automatic refund of his Participant Contribution Account if he is eligible for a Deferred Vested Pension, but such a Participant shall receive a refund of his Participant Account if he so requests in writing and executes a Waiver of Deferred Termination Benefit in the form and manner prescribed by the Pension Trustee Board. Such a Participant shall then have no other right to a benefit under this Plan attributable to the period of employment for which the Participant Contributions were made.

(b) Death After Annuity Starting Date. If the Participant or Beneficiary is receiving benefits under the Plan and dies before payments from the Plan to the Participant or Beneficiary have been made in an amount equal to or greater than the total of the Participant Contribution Account, and no additional benefits are due from this Plan, then the Beneficiary shall receive the amount by which the Participant Contribution Account (as of the date benefits commenced) exceed such amount. If the Beneficiary receives such a refund, no additional death benefits will be paid from the Plan.

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(c) Form of Payment. Distribution of the Participant Contribution Account shall be made only in one lump sum in cash.

(d) Cost-of-living Adjustments. The cost-of-living adjustments described in Section 5.04 shall not apply to amounts paid under this Article 4.

ARTICLE 5 NORMAL RETIREMENT

5.01 Eligibility for Normal Retirement Pension.

A Participant shall be eligible for a Regular Monthly Benefit if his employment is terminated on or after his Normal Retirement Age. Payment of a Regular Monthly Benefit shall commence as of the Participant's Normal Retirement Date; provided however, the Participant's retirement will not be effective until the first day of the calendar month following receipt and approval by the Pension Trustee Board of written notice of the Participant's intent to retire.

5.02 Amount of Normal Retirement Pension.

Subject to the Annual Benefit limitations of Article 12 of the Plan, a Participant's Normal Retirement Pension, paid monthly beginning as of the Participant's Normal Retirement Date and ending on the first day of the month, in which the Participant's death occurs, shall be:

(a) For Employees (other than Superior Court Judges) hired prior to May 1, 2011, (including fully vested former Participants who Terminated Employment before May 1, 2011, and are rehired at a later time):

(i) 2% of Final Average Monthly Base Earnings, multiplied by (ii) the Participant's number of whole and partial Years of Service.

(b) For Employees (other than Superior Court Judges) hired or non-vested former Participants rehired on and after May 1, 2011:

(i) 1.5% of Final Average Monthly Base Earnings, multiplied by (ii) the Participant's number of whole and partial Years of Service.

(c) For Superior Court Judges, .667% of the amount paid to active Superior Court Judges by Macon-Bibb County for the life of such Superior Court Judge.

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Refer to Section 5.04 below for information on a cost of living adjustment that may increase the amount provided under the formula above, and to the definition of Service and Years of Service in Article 2 for the way in which Service, including partial years, is calculated.

5.03 Retirement After Normal Retirement Age.

If a Participant continues in employment past his Normal Retirement Age, his benefit shall commence upon his actual retirement, the date of which shall be his Late Retirement Date. The benefit shall be calculated using the Participant's Service and Final Average Monthly Base Earnings through his Late Retirement Date.

5.04 Cost of Living Adjustment.

Effective February 22, 2004, no cost of living adjustments shall be made to benefit payments from this Plan that are currently provided to Participants or their Beneficiaries unless authorized by the Macon-Bibb County Commission following an actuarial study.

Effective January 1, 2003, and each January 1 thereafter until February 22, 2004, subject to review and approval by the Board of Commissioners, the Plan shall provide for a one and one-half (1.5%) ad-hoc cost of living adjustment to the monthly amount payable to a Participant or, if applicable, his Beneficiary(-ies) who is receiving a retirement benefit from this Plan.

Effective October 1, 1996, and each January 1 thereafter until January 1, 2003, subject to review and approval by the Board of Commissioners, the Plan shall provide for a four percent (4%) ad-hoc cost of living adjustment every three (3) years to the monthly amount the Participant or, if applicable, his Beneficiary(-ies) who is receiving a retirement benefits from this Plan.

5.05 Minimum Payment.

Participants who qualify for retirement based on age or Years of Service may qualify for a minimum Regular Monthly Benefit. For purposes of this section, Years of Service prior to December 20, 1968, are not considered for anyone who as not a member of the pension plan created by the Act of 1953 immediately prior to December 20, 1968; and who was eligible for that pension plan under the terms of the Act of 1953, as amended, but for any reason was not a member of such plan, unless such person, upon becoming a Participant in this Plan, purchased such past service as provided in the ordinance effective December 20, 1968.

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Effective prior to October 2, 1990, the minimum Regular Monthly Benefit is $200 per month.

Effective between October 2, 1990 and January 12, 1997, the minimum Regular Monthly Benefit is $300.00 per month. Effective from January 21, 1997, to July 12, 2005, the minimum Regular Monthly Benefit is $500.00 per month provided the Participant qualified for retirement at Termination of Employment based on age or Years of Service. Effective July 12, 2005, minimum Regular Monthly Benefit is eliminated; provided however, any Participant whose right to a minimum benefit was vested and accrued on July 12, 2005, will continue to be entitled to such minimum.

5.06 Act of 1953.

A Participant who participated in the pension plan contained in the Act of 1953 as of December 20, 1968, and whose benefits under that plan are greater than the benefits provided to the Participant under this Plan, may elect to retire under the provisions of the plan contained in the Act of 1953.

5.07 Choice of Plans.

Notwithstanding any contrary provisions of this Plan, whenever a Participant is entitled to receive benefits from two or more plans, the cost of which is borne from the County treasury, the Participant shall be entitled to receive benefits under the plan that provides the greater benefits but shall not be entitled to receive benefits from any other plan or plans; provided, however, that if a Participant is entitled to receive benefits from a pension or retirement plan or plans mandated by Georgia law, he shall be entitled to receive full benefits as provided by that law, and no benefits shall be payable under the provisions of this Plan unless such benefits are larger than those received under the State-mandated plan, in which event the Participant shall be entitled to receive from this Plan the difference between the amount payable under this Plan and the amount received from the state-mandated Plan.

5.08 Treasurer Emeritus.

Effective December 1, 1988 until January 1, 2004, any person who has served as Treasurer of the County for a period of fifteen (15) years and who shall have attained age sixty-five (65) shall have the title of Treasurer Emeritus and shall upon retirement be entitled to receive retirement pay for life at the rate of $300.00 per month from his date of retirement.

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ARTICLE 6 EARLY RETIREMENT PENSION

6.01 Eligibility for Early Retirement.

A Participant shall be eligible for an Early Retirement Pension if his employment as an Eligible Employee is terminated on or after his Early Retirement Age. An Early Retirement Pension shall commence as of the Participant's Normal Retirement Date, unless the Participant requests, in the form and manner prescribed by the Plan Administrator, to commence his payments as of his Early Retirement Date, or as of the first day of any subsequent month that precedes his Normal Retirement Date.

A Participant who Terminates from Employment after satisfying the service requirement but not the age requirement for an Early Retirement Pension may not elect to receive an Early Retirement Pension upon satisfying the age requirement

6.02 Amount of Early Retirement Pension.

Subject to the Annual Benefit limitations of Article 12 of the Plan, a Participant's Early Retirement Pension shall equal his Normal Retirement Pension, except that, effective November 5, 1996, the Early Retirement Pension shall be reduced by two percent (2%) for each year between the date payments commence and his Normal Retirement Date. Effective prior to November 5, 1996, the Early Retirement Pension is reduced by one-half of one percent [ %] for each year (prorated based on months for partial years).

6.03 Early Retirement Incentive.

Effective pursuant to an Ordinance passed on February 27, 2001, Bibb County, Georgia implemented an early retirement incentive program as follows:

(a) Employees eligible for the early retirement incentive program may retire from Bibb County, Georgia without the two percent (2%) early retirement reduction and will be credited with three (3) additional Years of Service for purposes of calculating retirement benefits, including those eligible Employees with more than thirty (30) Years of Service.

(b) Eligible Employees may elect to participate in the early retirement incentive program between March 12, 2001, and April 13, 2001. Any election may be revoked within 7 days of the date the election form is signed. Thereafter, all elections are final.

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(c) Each Employee electing to participate in the early retirement incentive program will designate the first day of any month between July 1, 2001, and December 31, 2001, as his Normal Retirement Date.

ARTICLE 7 DISABILITY PENSION

7.01 General Disability Pension.

(a) Eligibility for Disability Pension. A Participant is eligible for a Disability Pension under this Section 7.02 if he becomes Disabled (i) before he has satisfied the requirements for a Normal Retirement Pension, (ii) while he is an active Eligible Employee or is on an Authorized Leave of Absence, and (iii) after he has completed ten (10) years of continuous Service; provided however, any Participant hired by Bibb County, Georgia prior to July 1, 2003, shall be required to have only five (5) years of continuous Service to be eligible for a Disability Pension as described in Section 7.02(b). Such a Participant's Disability Pension shall commence as of the first day of the month coincident with or next following the Participant's Disability Retirement Date, and shall continue until the first day of the month in which the Participant's death occurs unless the Participant recovers from the Disability before his Normal Retirement Age, in which case Disability Pension payments shall cease as of the first day of the month in which such recovery occurs.

(b) Amount of Disability Pension. The Disability Pension payable under Section 7.02(a) above shall equal the Participant's Normal Retirement Pension, calculated using his Years of Service and Final Average Monthly Base Earnings as of his Disability Retirement Date. Effective July 26, 2005, solely for purposes of determining Disability Pension, Final Average Monthly Base Earnings means the highest 36 months of Base Earnings received by the Participant. Notwithstanding anything in the Plan to the contrary, Participants hired by Bibb County, Georgia after November 5, 1996 and prior to July 1, 2003, who are eligible for a Disability Pension shall receive a minimum monthly benefit of $250.00. Effective June 7, 1994 to November 5, 1996, the minimum Disability Pension is $50.00 per month. Effective June 7, 1994, amounts payable hereunder shall be reduced by any amounts received by the Participant under Social Security Disability. Effective January 1, 2004, the Participant shall also apply for federal Social Security benefits before or contemporaneously with the application for a Disability Pension under this section. The Disability Pension will be paid until the Participant begins receiving federal Social Security benefits at which time the Disability Pension will be reduced by the amount of federal Social Security benefits received by the Participant. The Disability Pension shall be paid in the form of benefit selected by the Participant in accordance with section 10.01 of the Plan.

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(c) Employees with less the Required Number of Years of Service. Any Participant who becomes Disabled and is not eligible for a Disability Pension shall be entitled to receive an amount equal to his Participant Contributions to the Plan (if any) plus Compound Interest paid in one lump sum.

7.02 Line of Duty Disability Pension.

(a) Eligibility for Line of Duty Disability. A Law Enforcement Participant who becomes Disabled from accidental, violent and external causes suffered in the line of duty and in the performance of duty while he is an Eligible Employee shall be eligible for a Disability Pension as described in Section 7.01(b). Such a Law Enforcement Participant's Disability Pension shall commence as of the first day of the month coincident with or next following the Law Enforcement Participant's Disability Retirement Date, and shall continue until the first day of the month in which the Participant's death occurs unless the Participant recovers from the Disability before his Normal Retirement Age, in which case Disability Pension payments shall cease as of the first day of the month in which such recovery occurs.

(b) Amount of Law Enforcement Disability Pension. For Law Enforcement Participants, the Disability Pension payable under Section 7.01(a) above shall be a monthly benefit equal to sixty-six and two-thirds percent (66 2/3%) of the Participant's Final Average Monthly Base Earnings as of his Disability Retirement Date. Effective July 26, 2005, solely for purposes of determining Disability Pension, Final Average Monthly Base Earnings means the highest 36 months of Base Earnings received by the Participant. Effective June 7, 1994, amounts payable hereunder shall be reduced by any amounts received by the Participant under Social Security Disability. Effective October 28, 2003, the Participant shall apply for federal Social Security benefits before or contemporaneously with application for a Disability Pension under this section. The Disability Pension will be paid until the Participant begins receiving federal Social Security benefits at which time the Disability Pension will be reduced by the amount of federal Social Security benefits received by the Participant. The Disability Pension shall be paid in the form of benefit selected by the Participant in accordance with section 10.01 of the Plan.

7.03 Employment While Receiving Disability Pension.

If a Participant is receiving a Disability Pension under Section 7.01 or 7.02, and accepts employment of any kind, including temporary, part-time or full-time employment, with any entity, or is demonstrably capable of gainful employment of any kind (as determined in the sole discretion of the Pension Trustee Board), his Disability Pension shall immediately cease and any payments improperly received by the Participant while engaged in such gainful employment or capable of same, shall be required to be repaid to the Plan.

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7.04 Willful Misconduct or Self-inflicted Injury.

A Disability Pension shall not be paid if the Participant's Disability was caused by the Participant's willful misconduct or self-inflicted injury, or grows out of a Participant's attempt to unlawfully injure another or the Participant's attempt at or commission of a felony under the laws of Georgia or of the United States.

7.05 Recovery From Disability.

If a Participant recovers from Disability prior to his Normal Retirement Age, and his Disability Pension ceases, his years of Service to Disability Retirement Date shall be restored, and he shall be eligible for a Pension, or not, on the same terms as any other Participant who experienced a Termination of Employment. If the Participant is reemployed as an Eligible Employee, the Participant then shall commence to accrue benefits under the Plan based upon his Final Average Monthly Base Earnings and Years of Service before his Disability Retirement Date and after his reemployment. The Participant shall not receive Service for the period during which he received a Disability Pension.

7.06 Continuing Evidence of Disability.

Any Participant receiving a Disability Pension who has not reached his Normal Retirement Age shall be subject to physical reexaminations in the same manner as provided for the original determination of the Disability. If the Participant is then found able to perform active service in any capacity, with or without reasonable accommodation, so that the Participant is no longer permanently and totally Disabled, the Pension Trustee Board may order that the Participant return to active service with the Employer and the Disability Pension shall cease. Should any such Participant refuse to submit to such medical examination or refuse to return to active employment within thirty (30) days of written notice to do so by the Pension Trustee Board, his Disability Pension shall cease. If such Participant returns to active employment with the Employer, any contributions required by the Plan shall resume and the Participant will receive future Service during the time he remains in active service of the Employer.

ARTICLE 8 DEFERRED VESTED PENSION

8.01 Deferred Vested Pension. A Participant who Terminates Employment for any reason other than death, Disability, eligibility for an Early Retirement Pension, or attaining Normal Retirement Age shall be eligible to receive a Deferred Vested Pension to the extent that he satisfies the vesting

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requirements below. If a Participant Terminates Employment for any reason other than death, Disability, eligibility for an Early Retirement Pension, or attaining Normal Retirement Age and does not have sufficient Service to receive a Deferred Vested Pension, he shall not receive a benefit from this Plan except to the extent that he is rehired or otherwise earns additional Service to be added to his previous period of Service; provided however the Participant will be entitled to receive Participant Contributions, if any, plus Compound Interest.

8.02 Amount of Deferred Vested Pension.

(a) Prior to Normal Retirement Age. The Participant's Deferred Vested Pension shall be calculated and paid in the same manner as his Normal Retirement Pension, considering his Years of Service and Final Average Monthly Base Earnings as of his Termination of Employment, but adjusted as follows:
If the Participant's first date of employment with the Employer is on or before January 16, 1996:

Years of Service at Termination of Employment Percentage of Benefit Paid

Less than 5 Years 5 Years or More

0% 100%

If the Participant's first date of employment with the Employer is after January 16, 1996, the Participant's Normal Retirement Pension shall be adjusted as follows:

Years of Service at Termination of Employment Percentage of Benefit Paid

Less than 10 Years 10 Years or More

0% 100%

(b) At Normal Retirement Age. The Participant's right to his Normal Retirement Pension is nonforfeitable upon attainment of his Normal Retirement Age.

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ARTICLE 9 DEATH BENEFITS

9.01 Pre-retirement Death Benefit.

(a) Eligibility. If a Participant's employment is terminated by reason of death prior to his or her Annuity Starting Date, and the Participant has at least ten (10) Years of Service, the Participant's Beneficiary shall be entitled to death benefit as described in paragraph (b) below for life, or until remarriage if the Spouse is the Beneficiary.

(b) Death Benefit. Effective January 16, 1990, the Participant's Beneficiary may elect to receive one of the following:

(i) a monthly payment from the Plan equal to fifty percent (50%) of the Normal Retirement Pension that the Participant would have received at his Normal Retirement Date had he lived to that date, commencing as of the Participant's Normal Retirement Date (if he had lived), or

(ii) a monthly payment from the Plan equal to fifty percent (50%) of the Normal Retirement Pension that the Participant would have received at his Normal Retirement Date had he lived to that date, commencing as of the first day of the month following his death, but effective November 5, 1999, reduced by two percent (2%) per year for each year the benefit commences prior to the Participant's Normal Retirement Date (if he had lived) (reduced by one half of one percent (1/2%) effective prior to November 5, 1999).

(c) Commencement of Benefit. The benefit described in (b)(i) and (b)(ii) above shall continue for the lifetime of the Beneficiary or if the Beneficiary is the Participant's Spouse until the month in which the Spouse remarries, if earlier.

(d) Non-Spouse Beneficiary. Effective for Eligible Employees hired on and after January 1, 2004, the Participant's Beneficiary shall be the Participant's Spouse, unless such Spouse has explicitly waived all rights under the Plan in a written instrument. If the Spouse effectively waives benefits under the Plan, or the Participant has no Spouse on his date of death, the Participant's children (by birth or adoption) under the age of eighteen will receive any benefits due in equal shares until the child reaches the age of eighteen (18) (age twenty-two (22) if the child is student enrolled full time in an accredited post secondary institution of higher learning). If the Participant is not married and has no children under the age of eighteen (18) (age twenty-two (22) if the child is student enrolled full time in an accredited post secondary institution of higher learning) no death benefit shall be paid.

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For purposes of (ii) above, a child is a full-time student if he is enrolled as a full-time student at an educational institution during any five months of a calendar year. This enrollment status shall be redetermined each calendar year.

Only enrollment in a school that has a regular teaching staff and course of study and is a junior or senior high school, college, university, technical or mechanical school shall satisfy the requirements above. Enrollment in a night school that satisfies the requirement in the preceding sentence and in which the child is enrolled for the number of hours or classes equivalent to full-time attendance at a similar day school also shall satisfy this requirement. On-the-job training courses, correspondence schools or other home education do not satisfy this requirement.

The Pension Trustee Board shall determine whether a particular child is a full-time student, and its decision thereon shall be final.

9.02 Death After Normal Retirement Date but before Annuity Starting Date

If a Participant dies after his Normal Retirement Date but before he actually retires from employment with the Employer, the Participant shall be deemed to have retired immediately before his death and elected a 100 % joint and survivor annuity. Effective for Eligible Employees hired on and after January 1, 2004, the Participant's Beneficiary shall be the Participant's Spouse, unless such Spouse has explicitly waived all rights under the Plan in a written instrument. If the Spouse effectively waives benefits under the Plan, or the Participant has no Spouse on his date of death, the Participant's children (by birth or adoption) under the age of eighteen will receive any benefits due in equal shares until the child reaches the age of eighteen (18) (age twenty-two (22) if the child is student enrolled full time in an accredited post secondary institution of higher

9.03 Death After Annuity Starting Date.

If a Participant dies after his Annuity Starting Date, whether the Participant's Spouse or any other person receives a survivor's benefit shall be determined according to the form of benefit in which the Participant's benefit was being paid or which the Participant had elected. For example, if the Participant elected a single life annuity form of benefit, no survivor's benefit shall be paid.

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ARTICLE 10 OPTIONAL FORMS OF PAYMENT

10.01 Optional Form of Payment.

In lieu of receiving a monthly payment for life, the Participant may elect any of the following options. Any amount received by the Participant under an option selected below shall be the Actuarial Equivalent of the Regular Monthly Benefit described in Section 5.02 (i.e. life annuity with no survivor benefits).

(a) Life Annuity with Guaranteed Payments. This is a reduced monthly amount payable to the Participant for life with a certain number of monthly payments guaranteed. The Participant may elect a guaranteed payment of either 60 or 120 months.

(b) Joint and Survivor Annuity Options. This is a reduced monthly payment made to the Participant for his life and, upon the Participant's death, a percentage of the Participant's benefit shall be paid to the Participant's designated Beneficiary. The Participant shall elect the percentage that will be payable to the Participant's designated Beneficiary when electing this form of benefit. Payments shall cease as of the later of the death of the Participant or the death of the Participant's designated Beneficiary.

(c) Death of Beneficiary Before Annuity Starting Date. If a Participant elects the Joint and Survivor Annuity but the designated Beneficiary dies before the Annuity Starting Date, the Participant may revoke his election. His benefit shall be paid as a Regular Monthly Benefit under Section 5.02 unless the Participant elects a new Beneficiary. If the designated Beneficiary dies after the Participant's Annuity Starting Date but before the Participant starts receiving his monthly payments, the Participant shall receive the reduced monthly benefits in accordance with his election of this option.

(d) Electing the Optional Form of Payment. At least thirty (30) days, but no more than ninety (90) days, before the Participant's Annuity Starting Date, a Participant who wishes to elect the optional form of payment shall submit a written election in the form prescribed by the Plan Administrator. If a Participant does not properly elect an optional form of benefit, his benefit shall be paid as a Regular Monthly Benefit for life as described in Section 5.02.

A Participant may revoke an option prior to his Annuity Starting Date by filing a revocation, or a new election, with the Plan Administrator prior to his Annuity Starting Date. A Participant may not revoke or change an election after his benefits begin.

(e) MDIB Rules. Any optional form of benefit and any designated Beneficiary named by the Participant must comply with the minimum distribution incidental benefit requirement

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of proposed Treasury Regulation 1.401(a)(9)-2, or its successor. This rule ensures that the retirement benefits payable under the Plan are more than incidental.

10.02 Commencement of Benefits.

(a) Age 70 1/2. Notwithstanding anything contained herein to the contrary, the Plan Administrator shall direct that payment of a Participant's Normal Retirement Pension commence by the first day of April in the calendar year following the later of (a) the calendar year in which the Participant attains age 70-1/2, or (b) the calendar year in which the Participant retires. If, as of the date that this amended and restated Plan is adopted, a Participant in active employment with the Employer is receiving distributions on account of his attaining age 70 1/2, the Participant shall continue to receive Plan distributions.

(b) Normal Retirement Date. Payment of a Participant's retirement benefit shall begin no later than his Normal Retirement Date or, if he continues in employment past his Normal Retirement Age, his actual or late retirement date.

10.03 Continued Employment After Normal Retirement Age.

A Participant who continues in the employ of an Employer after his Normal Retirement Age may not elect to begin receiving his Accrued Benefit until after he has Terminated Employment with the Employer.

10.04 Reemployment of a Retired Participant.

(a) Election to continue Payments. Except as provided in subsection (b) below, any Participant who (i) retired or otherwise Terminated Employment, (ii) is receiving a Normal or Early Retirement Pension or payments under the Early Retirement Incentive described in section 6.03 of the Plan, and (iii) is thereafter rehired, elected or appointed to fill an unexpired term as an Eligible Employee with the Employer, shall make the following election upon rehire, election or appointment:

(1) Continue to be considered retired under the provisions of the Plan and continue to receive his Normal or Early Retirement Pension hereunder during the period of any such reemployment but accrue no more benefits under the Plan, or

(2) Discontinue payment of his Normal or Early Retirement Pension hereunder during the period of reemployment and be entitled to any additional benefits which may accrue during the reemployment period.

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(b) Rehire Within Two Months. Notwithstanding subsection (a) above, any Participant who is rehired within two (2) months of his or her Termination of Employment and prior to Normal Retirement Age, shall cease payment of any Early Retirement Pension being paid to him hereunder during his period of reemployment, regardless of whether such Participant is eligible to accrue benefits under the Plan during his reemployment.

Any increases in benefits after rehire shall be offset by the Actuarial Equivalent of the payments already received by the Participant. Participants whose payments are suspended may elect a different form of benefit payment upon subsequent retirement.

10.05 Rollovers.

(a) General Rule. This provision shall be effective January 1, 1993. Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributee's election under this section, a Distributee may elect, at the time and in the manner prescribed by the 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.

(b) Definitions.

(1) Eligible Rollover Distribution. An Eligible Rollover Distribution is any distribution of all or any portion of the balance to the credit of the Distributee, except that an Eligible Rollover Distribution does not include (i) any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Distributee or the joint lives (or joint life expectancies) of the Distributee and the Distributee's designated Beneficiary, or for a specified period of ten years or more; (ii) any distribution to the extent such distribution is required under Code Section 401(a)(9). A Distributee may not elect a direct rollover with respect to an Eligible Rollover Distribution during the Plan Year that is less than $200. If the Distributee elects to have only a portion of an Eligible Rollover Distribution paid to an Eligible Retirement Plan, that portion must be equal to at least $500.

Effective for distributions after December 31, 2001, a portion of a distribution shall not fail to be an Eligible Rollover Distribution merely because the portion consists of after-tax employee contributions, which are not includible in gross income. However, such portion may be transferred only to an individual retirement account or annuity described in Code Section 408(a) or (b) or to a qualified defined contribution plan described in Code Section 401(a) or 403(a) that agrees to separately account for amounts so transferred, including separately accounting for the portion of such distribution that is includible in gross income and the portion that is not. Effective for distributions made on and after January 1, 2007, after-tax amounts may also be transferred to an annuity

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contract described in Code Section 403(b) that agrees to the separate accounting rules described above.

Effective January 1, 2010, Eligible Rollover Distribution includes a distribution to a non-spouse Beneficiary

(2) Eligible Retirement Plan. An Eligible Retirement Plan is an individual retirement account described in Section 408(a) of the Code, an individual retirement annuity described in Section 408(b) of the Code, an annuity plan described in Section 403(a) of the Code, or a qualified trust described in Section 401(a) of the Code, that accepts the Distributee's Eligible Rollover Distribution. If the distribution is made after December 31, 2001, Eligible Retirement Plan also includes an annuity contract described in Code Section 403(b), and an eligible deferred compensation plan under Code Section 457(b) that is maintained by a state, political subdivision or agency or instrumentality of a state and which agrees to separately account for amounts transferred to such plan from this Plan. Notwithstanding the foregoing, in the case of an Eligible Rollover Distribution to the Participant's Spouse or the Participant's non-spouse Beneficiary who is his designated Beneficiary within the meaning on Code Section 401(a)(9)(E), an Eligible Retirement Plan is an individual retirement account or individual retirement annuity. Effective as of January 1, 2008, "Eligible Retirement Plan" shall include a Roth IRA described in Code Section 408A.

(3) Distributee. A Distributee includes a Participant, former Participant spouse, former spouse or effective as of January 1, 2010, a non-spouse beneficiary.

(4) Direct Rollover. A Direct Rollover is a payment by the Plan to the Eligible Retirement Plan specified by the Distributee.

10.06 Conformance to Section 401(a)(9).

(a) Effective Date. The rules set forth in this amended and restated Section 10.06 shall apply for purposes of determining the Required Minimum Distribution to Participants and Designated Beneficiaries (as defined below) for calendar years beginning on and after January 1, 2006 even if, in the case of a Beneficiary, the Participant died before 2006. A Participant or Beneficiary who would have been required to receive required minimum distributions for 2009 but for the enactment of Code Section 401(a)(9)(H) shall not receive those distributions for 2009 unless the Participant or Beneficiary chooses to receive such distributions. Notwithstanding any other provision of this section to the contrary any required minimum distribution made in 2009 shall be treated as Eligible Rollover Distribution.

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(b) Commencement of Distribution. Notwithstanding anything contained herein to the contrary, distribution to a Participant shall commence not later than the Required Beginning Date. The Required Beginning Date shall be April 1 of the calendar year following the later of (i) the calendar year in which the Participant attains age 70 1/2 or (ii) the calendar year in which occurs the Participant's Retirement Date.

Notwithstanding the foregoing, the Required Beginning Date for any Participant who has attained or will attain age 70 1/2 on or before December 31, 1998, and has an Accrued Benefit under the Plan (including any Prior Plan) as of December 31, 1996, shall be April 1 following the calendar year in which the Participant attains age 70 1/2, regardless of whether the Participant is then employed by the Employer.

Nothing in this Section 10.06 shall be deemed to extend any death benefit or permit any Beneficiary designation or payment form not otherwise provided or permitted under this Plan. This Section 10.06 shall, instead, be deemed to limit and modify any provision of this Plan to the extent that such limitation or modification is necessary to ensure that the Plan complies with this Section 10.06, Code Section 401(a)(9) and the Regulations thereunder.

(c) Period of Distribution. The entire interest of each Participant in this Plan will be distributed, beginning not later than the Required Beginning Date described in paragraph (b) above, over the life of such Participant or over the lives of such Participant and his Designated Beneficiary, or over a period not extending beyond the life expectancy of such Participant or the life expectancy of such Participant and his Designated Beneficiary.

(d) Death of Participant After Distribution has Begun. If distribution of a Participant's interest has begun in accordance with paragraph (b) above (i.e., distributions on or after the Required Beginning Date), and if the Participant dies before his entire interest has been distributed to him, then the remaining portion of such interest will be distributed at least as rapidly as under the method of distribution being used under paragraph (b) as of the date of the Participant's death.

(e) Death of Participant Before Distribution has Begun. If a Participant dies before distribution of the Participant's interest has begun in accordance with paragraph (b) above (i.e., no distributions have been made on or after the Required Beginning Date), the entire interest of the Participant must be paid over whichever of the following periods is applicable:

(i) If one or more Designated Beneficiaries is not the Participant's Spouse, the distribution period shall be the Designated Beneficiary's remaining life expectancy.

(ii) If the sole Designated Beneficiary is the Participant's Spouse, the distribution period shall be the Spouse's remaining life expectancy.

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(iii) If there is no Designated Beneficiary, the entire Account shall be distributed by the end of the calendar year that includes the fifth anniversary of the Participant's death.

Distributions under this Section 10.06(e) above shall commence as follows:

(i) Distributions under 10.06(e)(i) (i.e., distribution to a non-Spouse Designated Beneficiary) shall begin on or before the end of the calendar year that begins immediately after the calendar year in which the Participant died.

(ii) Distributions under Section 10.06(e)(ii) (i.e., distribution to a Spousal Designated Beneficiary) shall begin on or before the later of the end of the calendar year immediately following the calendar year in which the Participant died and the end of the calendar year in which the Participant would have attained age 70 1/2.

(f) Form of Distribution. For a Participant who is employed by an Employer after his Required Beginning Date, any distribution payable under this Section 10.06 may be paid in any optional form of benefit that is available under the Plan, provided that all consent requirements under the Plan are satisfied. Any form of distribution payable under this Plan, however, must:

(i) be in the form of a periodic annuity for the Participant's life, or for the joint life expectancy of the Participant and Designated Beneficiary or over a period certain that does not exceed the maximum length of the period certain determined under the Regulations;

(ii) the interval between payments must be uniform over the entire distribution period and must not exceed one year;

(iii) if payments have commenced over a period certain, the period certain may not be changed;

(iv) distributions in the form of a life annuity must satisfy the minimum distribution incidental benefit (MDIB) requirement of Code Section 401(a)(9)(G) and Treasury Regulation 1.401(a)(9)-6, A-2, or any successor regulation thereto; and

(v) all payments, either in the form of a life annuity or over a period certain must either be nonincreasing or increase only in accordance with the rules set forth in Treasury Regulation 1.401(a)(9)-6, A-1.

For purposes of this Section 10.06, references to a life annuity shall include an annuity for the joint life expectancy of the Participant and the Designated Beneficiary.

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(g) Lump Sum Distributions. In the case of a lump sum distribution from this Plan that is distributed in or after the calendar year in which the Participant attains or would have attained age 70 1/2, the amount of the lump sum that equals the Participant's or Designated Beneficiary's Required Minimum Distribution and thus is not an Eligible Rollover Distribution within the meaning of Section 10.06 of the Plan shall be determined using either of the methods set forth in the Regulations. The Plan Administrator shall have the sole discretion to elect the calculation method but shall apply the same method to all lump sum distributions made in the same calendar year.

(h) Incidental Death Benefit Requirement. Any optional form of benefit elected by the Participant or Designated Beneficiary must comply with the minimum distribution incidental benefit requirement of Code Section 401(a)(9)(G). This rule insures that the retirement benefits payable under the Plan are more than incidental.

(i) Actuarial Increase After Age 70 1/2.

(1) Except with respect to a Participant who is a 5% owner (as defined in Code Section 401(a)(9) and Treasury Regulations thereunder), a participant's Accrued Benefit shall be actuarially increased to take into account the period after age 70-1/2 in which the employee does not receive any benefits under the plan. The actuarial increase shall commence on April 1 following the calendar year in which the employee attains age 70-1/2, and end on the date on which benefits commence after retirement in an amount sufficient to satisfy Code Section 401(a)(9).

The Accrued Benefit payable to such a Participant as of the end of the period for which the actuarial increase is required shall not be less than:

(i) the Actuarial Equivalent of the employee's Accrued Benefit as of April 1 of the calendar year following the calendar year in which the Participant attained age 70 1/2, plus

(ii) the Actuarial Equivalent of any additional benefits accrued after the date described in (i) above, less

(iii) the Actuarial Equivalent of any distributions made with respect to the Participant's Accrued Benefit after such date.

(2) The actuarial increase described above may reduce the benefit accrual otherwise required under Code Section 411(b)(1)(H)(i).

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(3) The actuarial adjustment described above shall be made even during a period for which benefits are suspended pursuant to Article 10.

(j) Plan Administrator's Discretion. The Plan Administrator shall have the sole authority and full discretion to apply the provisions of this Section 10.06 to any benefit option elected by the Participant. The Plan Administrator may, for example, modify a Participant's selection of an optional form of benefit to satisfy the incidental death benefit requirement by requiring, at its discretion, that the Participant select another form of benefit or another contingent annuitant, or by modifying the form of benefit so that it complies with the applicable rules.

(k) Definitions.

The following definitions shall apply to this Section 10.06, notwithstanding anything contained herein to the contrary.

(i) Designated Beneficiary. The term "Designated Beneficiary" shall be determined in accordance with the definition of "Beneficiary" in the Regulations, notwithstanding that this definition may be different from that set forth elsewhere in this Plan, provided that any individual who is a Designated Beneficiary must also be a Beneficiary (but not necessarily all of the Beneficiaries) as defined in this Plan. Each Beneficiary, as defined in the Plan, however, need not be a Designated Beneficiary in the event, for example, that a Beneficiary disclaims his interest under this Plan.

(ii) Spouse. "Spouse" shall mean "Spouse" as defined in the Regulations. Nothing in this Section 10.06 shall be deemed, however, to extend any death benefit or permit any Beneficiary designation or payment form not otherwise provided or permitted under this Plan.

(iii) Regulations. "Regulations" shall refer to the Treasury Regulations (including temporary Regulations) promulgated under Code Section 401(a)(9), as set forth in Treasury Regulations 1.401(a)(9)-1 through 1.401(a)(9)-6T, and any additional guidance issued by the IRS in the form of revenue rulings, notices and other guidance published in the Internal Revenue Bulletin or any successor thereto.

(l) Provisions applicable to Plan Years beginning January 1, 1989 until December 31, 1993.

Distribution of a Participant's entire interest will commence not later than the April 1 following the calendar year in which the Participant attains age 70-1/2 (the Participant's "required commencement date"); provided, however, that the required commencement date

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of a Participant who attained age 70-1/2 prior to January 1, 1988 shall be April 1 of the calendar year next following the later of the calendar year in which he attained age 70-1/2 or the calendar year in which he retires, and the required commencement date of a Participant who attained age 70-1/2 in calendar year 1988 shall be April 1, 1990. In the event a Participant dies before benefits commence, his interest may be paid to the Participant's surviving spouse over a period certain not to exceed the spouse's life expectancy. If a Participant dies before benefits commence and his surviving spouse is not the beneficiary, the entire remaining interest must be distributed to the Participant's beneficiary within five years. However, if distributions have commenced to the Participant before the Participant's death, distributions to the Participant's beneficiary may continue according to the option selected by the Participant.

(m) Provisions applicable to Plan Years beginning January 1, 1994 until December 31, 2001.

(i) Age 70-1/2 Rule. Distribution of a Participant's benefits will commence not later than the April 1 following the calendar year in which the Participant attains age 70-1/2 (the Participant's "required commencement date"). In the event a Participant dies before benefits commence, his interest may be paid to the Participant's surviving spouse over a period certain not to exceed the spouse's life expectancy and must commence by the later of (A) the end of the calendar year next following the calendar year in which the Participant dies or (b) the end of the calendar year in which the Participant would have attained age 70-1/2. If a Participant dies before benefits commence and his surviving spouse is not the beneficiary, the entire remaining interest must be distributed to the Participant's beneficiary in a manner satisfying one of the following:

(A) If distributions are to be made to the beneficiary over a period which will end after the end of the sixth calendar year ending on or after the death of the Participant, then such payments must commence by the end of the calendar year following the calendar year in which the Participant died and must be paid over a period which does not exceed the life expectancy of the beneficiary and which complies with the requirements of Subsection (b) below.

(B) The entire amount owed to the beneficiary must be paid to the beneficiary before the end of the fifth calendar year following the calendar year in which the Participant died.

However, if distributions have commenced to the Participant before the Participant's death, distributions to the Participant's beneficiary may continue according to the option selected by the Participant. In the event benefit payments are required to commence to a Participant under this Section and the payments are made pursuant to a form of

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benefit payment elected by the Participant, payments under this Section shall not reduce future benefit payments. However, if a Participant continues accruing Service after payments commence under this Section, a Participant's Accrued Benefit shall be redetermined as of each December 31st in which additional benefits accrued and such Accrued Benefit shall be reduced by the Equivalent Actuarial Value of benefits previously paid. Such adjusted Accrued Benefit shall be used for the purposes of determining payments required to be made after such December 31st.

(n) Distribution Requirements.

Notwithstanding anything in this Plan or any Appendix to the contrary, distributions under this Plan shall be adjusted, if necessary, for good faith compliance with Code Section 401(a)(9) and Regulations issued under such Code Section, including the minimum distribution incidental death benefit requirements of proposed Regulation Section 1.401(a)(9)-2.

ARTICLE 11 MISCELLANEOUS PROVISIONS AFFECTING THE PAYMENT OF BENEFITS

11.01 General.

In general, the Fund Administrator shall make payment of any pension directly to the Participant entitled to the payment. However, the Plan Administrator, in lieu of instructing the Fund Administrator to pay the pension which a Participant is to receive directly from the Fund, may instruct the Fund Administrator to purchase from an insurance company selected by the Plan Administrator a Nontransferable Annuity contract to provide the benefits a Participant would receive under this Plan. In the event the Fund Administrator purchases a Nontransferable Annuity contract for the benefit of a Participant, the Fund Administrator may either assign the contract to the Participant or hold the contract for the benefit of the Participant pursuant to the instructions of the Plan Administrator. The Fund Administrator also may purchase a Nontransferable Annuity contract for the benefit of a Beneficiary or Surviving Spouse entitled to a distribution of all or a portion of the Participant's Nonforfeitable Accrued Benefit.

11.02 Plan Merger.

The Plan shall not participate in any merger or consolidation with another plan, and no Plan assets or liabilities shall be transferred to another plan, unless immediately after the merger, consolidation or transfer, the surviving Plan provides each Participant a benefit equal to or greater than the benefit each Participant would have received had the Plan terminated immediately before the merger or consolidation or transfer. The Plan Administrator may

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enter into a merger agreement or a direct transfer of assets agreements with the trustees or administrators of other retirement plans described in Code Section 401(a), and may accept the direct transfer of plan assets, or to transfer plan assets, as a party to any such agreement.

11.03 The Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA").

Effective December 12, 1994, notwithstanding any provision of this Plan to the contrary, contributions, benefits, and service credit with respect to Qualified Military Service will be provided in accordance with Code Section 414(u). A Participant who dies during a period of Qualified Military Service, shall be treated as having returned to employment with the Employer on the day before his death and died the next day for purposes of any survivor benefits including pre-retirement survivor benefits and any accelerated vesting. Such Participant shall receive service for vesting purposes for such period of Qualified Military Service but shall not receive service for purposes of accruing benefits for such period of Qualified Military Service.

11.04 Forfeiture of Benefits.

Notwithstanding any other provision of the Plan to the contrary, a Participant's entire Accrued Benefit under the Plan shall be forfeited in the manner and to the extent provided under O.C.G.A. Section 47-1-20 through Section 47-1-24, if a Participant is convicted of a public employment, drug related, or other covered crime. In addition, no benefits shall be payable under this Plan to a Participant or Beneficiary if the Participant Terminates Employment with the Employer as a result of embezzlement of Employer funds, theft of property or other malpractice in office, and the Plan's liability to such Participant shall be limited to the return of the Participant's Contributions, if any, without Compound Interest, less any sums due to the Employer.

11.05 Payments to Legally Incompetent Distributee.

Whenever any benefit is to be paid to or for the benefit of any person who is a minor or determined to be incompetent by qualified medical advice, the Pension Trustee Board need not require the appointment of a guardian or custodian, but may cause the benefit to be paid to the person having custody of the minor or incompetent, or to the minor or incompetent without the intervention of a guardian or custodian, or to the legal guardian or custodian if one has been appointed, or may cause the benefit to be used for the benefit of the minor or incompetent.

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11.06 Unclaimed Payments.

If the Plan Administrator cannot ascertain the whereabouts of any Participant to whom a payment is due, the Plan Administrator may direct that the payment and all remaining payments otherwise due to the Participant be cancelled on the records of the Plan and the amount thereof treated as a forfeiture and shall be used to reduce Employer contributions to the Plan. If the Participant later notifies the Plan Administrator of his whereabouts and requests the payments due to him, the Employer shall contribute to the Plan an amount equal to the payment to be paid to him as soon as administratively feasible.

11.07 Assignment or Alienation.

Except as noted below, neither a Participant nor a Beneficiary shall anticipate, assign or alienate (either at law or in equity), and no third-party may attach, garnish or otherwise subject to legal process, any benefit provided under the Plan, and the Plan Administrator shall not recognize any such anticipation, assignment, alienation, attachment, garnishment or other legal process. This prohibition against anticipation, assignment, alienation, attachment, garnishment or other legal process shall not apply to money lawfully owed by the Participant or Beneficiary to the Employer but only to the extent of such Participant benefit payments and Participant contributions to the Plan. Domestic relations orders shall not be recognized by the Plan.

11.08 Overfunding.

If the Employer has overfunded the Plan at the time it terminates the Plan, the Fund Administrator may return the amount by which the Employer has overfunded the Plan to the Employer. The Employer shall state by written request to the Fund Administrator the amount of the overfunding it wishes the Fund Administrator to return to it upon termination of the Plan.

11.09 Offset by Workers' Compensation Benefits.

Effective November 7, 1989, a Participant's monthly benefit payments under the Plan (regardless of whether it is payable on account of his Normal Retirement, Early Retirement, Deferred Vested Retirement or Disability Retirement) shall be reduced by the amount of any Workers' Compensation payments made to the Participant arising from the employment relationship with the Employer or, effective June 7, 1994, any federal Social Security Disability payments made to the Participant. Upon discontinuance of Workers Compensation or Social Security Disability payments, the offset shall discontinue and the Participant shall be entitled to receive amounts as originally calculated under the Plan.

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If the Participant dies, the monthly benefit otherwise payable to the Beneficiary, if any, shall be reduced by the amount of the monthly Workers' Compensation or Social Security Disability payments made to the Beneficiary, to the extent that such Workers' Compensation or Social Security Disability payments are attributable to Participant.

Notwithstanding the preceding provisions of this Section 11.09, any benefit payable under this Plan that is a refund of Participant Contributions plus Compound Interest shall not be reduced on account of any Workers' Compensation or Social Security Disability payments.

ARTICLE 12 LIMITATIONS ON BENEFITS

Refer to Section 12.05 for the definitions of certain terms used in this Article 12. This Article 12 shall be effective beginning January 1, 1987.

12.01. General Rule.

The Annual Benefit payable under this Plan to a Participant at any time shall not exceed the Maximum Permissible Amount. "Maximum Permissible Amount" shall mean the lesser of (i) $90,000 ($210,000, effective for Limitation Years beginning on and after January 1, 2015), as adjusted by the Secretary of the Treasury for each calendar year, with the new limitation to apply to Limitation Years ending within the calendar year of the date of the adjustment (the "Dollar Limitation"); or (ii) for Limitation Years beginning prior to January 1, 1995, 100% of the Participant's average Compensation for the period of three consecutive years during which the Participant has the highest aggregate Compensation from the Employer.

12.02 Reduction for Less than Ten Years of Participation or Employment.

If the Annual Benefit commences when the Participant has less than ten years of participation in this Plan or any predecessor plan to this Plan, the Dollar Limitation shall be reduced by one-tenth for each year less than ten, but in no event shall be less than one-tenth of the unreduced Dollar Limitation.

12.03 Adjustment if the Annual Benefit Commences Before Age 62 or After Age 65.

If the payment of benefits under this Plan commences before age 62 or after age 65, the Dollar Limitation shall be adjusted as provided in this Section 12.03.

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Generally, the age-adjusted Dollar Limitation is the actuarial equivalent of the Dollar Limitation payable at age 62 or age 65, as calculated under (i) or (ii) following, whichever is applicable:

(i) If the age at which the benefit is payable is less than 62:

If the Annuity Starting Date for the Participant's benefit is prior to age 62 and occurs in a Limitation Year beginning before July 1, 2007, the Dollar Limitation for the Participant's Annuity Starting Date is the annual amount of a benefit payable in the form of a straight life annuity commencing at the Participant's Annuity Starting Date that is the actuarial equivalent of the Dollar Limitation (adjusted for years of participation less than 10, if required) with actuarial equivalence computed using whichever of the following produces the smaller annual amount: (1) the interest rate specified in the Plan for adjusting benefits for early commencement and the mortality table (or other tabular factor) specified in the Plan; or (2) a 5-percent interest rate assumption and the Applicable Mortality Table as defined in the Plan.

If the Annuity Starting Date for the Participant's benefit is prior to age 62 and occurs in a Limitation Year beginning on or after July 1, 2007, and the Plan does not have an immediately commencing straight life annuity payable at both age 62 and the age of benefit commencement, the Dollar Limitation for the Participant's Annuity Starting Date is the annual amount of a benefit payable in the form of a straight life annuity commencing at the Participant's Annuity Starting Date that is the actuarial equivalent of the Dollar Limitation (adjusted for years of participation less than 10, if required) with actuarial equivalence computed using a 5 percent interest rate assumption and the Applicable Mortality Table for the Annuity Starting Date as defined in the Plan (and expressing the Participant's age based on completed calendar months as of the Annuity Starting Date).

If the Annuity Starting Date for the Participant's benefit is prior to age 62 and occurs in a Limitation Year beginning on or after July 1, 2007, and the Plan has an immediately commencing straight life annuity payable at both age 62 and the age of benefit commencement, the Dollar Limitation for the Participant's Annuity Starting Date is the lesser of the limitation determined under subsection (i) and the Dollar Limitation (adjusted for years of participation less than 10, if required) multiplied by the ratio of the annual amount of the immediately commencing straight life annuity under the Plan at the Participant's Annuity Starting Date to the annual amount of the immediately commencing straight life annuity under the Plan at age 62, both determined without applying the limitations of this section

Effective on and after January 1, 1997, if a Participant is a "qualified participant" as defined under Internal Revenue Code Section 415(b)(2)(G), such Participant may retire

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before age sixty-two (62), without a reduction in the Dollar Limitation if at least fifteen (15) years of service is required to receive a full benefit under the Plan.

(ii) If the age at which the benefit is payable is greater than age 65:

If the Annuity Starting Date for the Participant's benefit is after age 65 and occurs in a Limitation Year beginning before July 1, 2007, the Dollar Limitation for the Participant's Annuity Starting Date is the annual amount of a benefit payable in the form of a straight life annuity commencing at the Participant's Annuity Starting Date that is the actuarial equivalent of the Dollar Limitation (adjusted for years of participation less than 10, if required) with actuarial equivalence computed using whichever of the following produces the smaller annual amount: (1) the interest rate specified in the Plan and the mortality table (or other tabular factor) specified the Plan; or (2) a 5-percent interest rate assumption and the Applicable Mortality Table.

If the Annuity Starting Date for the Participant's benefit is after age 65 and occurs in a Limitation Year beginning on or after July 1, 2007, and the Plan does not have an immediately commencing straight life annuity payable at both age 65 and the age of benefit commencement, the Dollar Limitation at the Participant's Annuity Starting Date is the annual amount of a benefit payable in the form of a straight life annuity commencing at the Participant's Annuity Starting Date that is the actuarial equivalent of the Dollar Limitation (adjusted for years of participation less than 10, if required), with actuarial equivalence computed using a 5 percent interest rate assumption and the Applicable Mortality Table for that Annuity Starting Date (and expressing the Participant's age based on completed calendar months as of the Annuity Starting Date).

If the Annuity Starting Date for the Participant's benefit is after age 65 and occurs in a Limitation Year beginning on or after July 1, 2007, and the Plan has an immediately commencing straight life annuity payable at both age 65 and the age of benefit commencement, the Dollar Limitation at the Participant's Annuity Starting Date is the lesser of the limitation determined under subsection (i) above, and the Dollar Limitation (adjusted for years of participation less than 10, if required) multiplied by the ratio of the annual amount of the adjusted immediately commencing straight life annuity under the Plan at the Participant's Annuity Starting Date to the annual amount of the adjusted immediately commencing straight life annuity under the Plan at age 65, both determined without applying the limitations of this Section. For this purpose, the adjusted immediately commencing straight life annuity under the Plan at the Participant's Annuity Starting Date is the annual amount of such annuity payable to the Participant, computed disregarding the Participant's accruals after age 65 but including actuarial adjustments even if those actuarial adjustments are used to offset accruals; and the adjusted immediately commencing straight life annuity under the Plan at age 65 is the annual amount of such annuity that would be

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payable under the Plan to a hypothetical Participant who is age 65 and has the same accrued benefit as the Participant.

12.04 Special Rules. (a) All plans a single plan. For purposes of the maximum limitations of this Article, all
defined benefit plans maintained by the Employer shall be considered as a single defined benefit plan, and all defined contribution plans maintained by the Employer shall be considered a single defined contribution plan.

(b) Combined plan limitations. If the Employer maintains, or has at any time maintained, one or more qualified defined contribution plans covering any Participant in this Plan, the sum of the Participant's Defined Contribution Fraction and Defined Benefit Fraction shall not exceed 1.0 in any limitation year, and the annual benefit otherwise payable to the Participant under this Plan, and not the defined contribution plan, shall be frozen or reduced to the extent necessary so that the sum of such fractions shall not exceed 1.0. The combined plan limitation described in the preceding sentence shall not apply for any Plan Year beginning on or after January 1, 2000.

(c) Total Annual Benefits Not in Excess of $10,000. Notwithstanding anything contained herein to the contrary, the Annual Benefit payable to a Participant shall not be deemed to exceed the limits of this Article 12 if the Annual Benefit payable to the Participant under this Plan and all other defined benefit plans maintained by the Employer does not exceed $10,000 for the Plan Year or any prior Plan Year, and the Employer has not at any time maintained a defined contribution plan in which the Participant participated.

(d) Exceptions for Disability or Survivors' Benefits. Notwithstanding anything contained herein to the contrary, the adjustment prescribed by Section 12.03(i) for benefits that commence before age 62, and the reduction described in Section 12.02 for fewer than ten (10) years of participation shall not apply to any benefit paid from this Plan on account of a Participant's becoming disabled by reason of personal injuries or sickness, or amounts received by a Beneficiary as a result of the Participant's death. This paragraph shall be interpreted in accordance with Internal Revenue Code Section 415(b)(2)(I) and any regulations thereunder.

(e) Protection of pre-1987 benefits. For any Limitation Year before 1987, the limitations prescribed by Section 415 of the Internal Revenue Code as in effect before enactment of the Tax Equity and Fiscal Responsibility Act of 1982 shall apply, and no pension earned under this Plan prior to 1987 shall be reduced on account of the provisions of this Article 12 if it would have satisfied those limitations under such prior law.

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(f) Protection of TRA '86 Benefits. In the case of an individual who was a Participant as of the first day of the first Limitation Year beginning after December 31, 1986, the application of the limitations of this article shall not cause the maximum permissible amount for such individual under all such defined benefit plans to be less than the individual's Tax Reform Act of 1986 (TRA '86) accrued benefit.

(g) Protection of RPA '94 benefits. In the case of an individual who was a Participant as of the first day of the first limitation year beginning after December 31, 1994, the application of the limitations of this Article shall not cause the maximum permissible amount for such individual under all such defined benefit plans to be less than the Individual's Retirement Protection Act of 1994 (RPA '94) old law benefit."

12.05 Definitions.

For purposes of this Article 12, the following definitions shall apply:

(a) "Annual Additions" means the sum of the following amounts credited to a Participant's account under a defined contribution plan for the limitation year:

(i) Employer contributions;

(ii) Forfeitures;

(iii) Nondeductible employee contributions; provided, however, that the annual addition for any limitation year beginning before January 1, 1987 shall not be recomputed to treat nondeductible employee contributions as an annual addition; and

(iv) Amounts described in Internal Revenue Code Sections 415(I)(l) and 419A(d)(2).

(b) "Annual Benefit" means effective January 1, 1998, a retirement benefit under the Plan which is payable annually in the form of a straight life annuity. If a Participant's benefit is payable in a Non-Annuity Benefit Form, whether as the normal form of benefit or as an optional form which the Participant or his Beneficiary elects, the Non-Annuity Benefit Form is adjusted to an Annual Benefit as described below. No actuarial adjustment to the Non-Annuity Benefit Form is required for (i) the value of a qualified joint and survivor annuity; (ii) the value of benefits that are not directly related to retirement benefits (such as a disability benefit, pre-retirement death benefits, and post-retirement medical benefits); or (iii) the value of post-retirement cost-of-living increases provided that the amount payable to the Participant under the Non-Annuity Benefit Form in any limitation year cannot be greater than the Section 415(b) limit applicable at the annuity starting date as increased in subsequent years pursuant to Code Section 415(d) and Section 1.415(d)-1 of the Treasury

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Regulations. The determination of the Annual Benefit shall disregard benefits attributable to employee contributions or rollover contributions or the assets transferred from a qualified plan that was not maintained by an Employer.

Effective for distributions in Limitation Years beginning after December 31, 2003, the determination of actuarial equivalence for Non-Annuity Benefit Forms shall be made in accordance with the following.

(i) Limitation years beginning before July 1, 2007. For Limitation Years beginning before July 1, 2007, the actuarially equivalent straight life annuity is equal to the annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the participant's form of benefit computed using whichever of the following produces the greater annual amount: (I) the interest rate and the mortality table (or other tabular factor) specified in Article I of the plan for adjusting benefits in the same form; and (II) a 5 percent interest rate assumption and the applicable mortality table defined in Article I of the Plan for that annuity starting date. With respect to annuity starting dates on or after January 1, 2004, and prior to January 1, 2006, the five and one half percent (5.5%) shall be substituted for 5 percent for purposes of any adjustment of a benefit subject to Code Section 417(e)(3).

(ii) Limitation Years beginning on or after July 1, 2007. For Limitation Years beginning on or after July 1, 2007, the actuarially equivalent straight life annuity is equal to the greater of (1) the annual amount of the straight life annuity (if any) payable to the participant under the plan commencing at the same annuity starting date as the participant's form of benefit; and (2) the annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the participant's form of benefit, computed using a 5 percent interest rate assumption and the applicable mortality table defined in Article I of the Plan for that annuity starting date.

(c) "Applicable Mortality Table" is the table prescribed by the Secretary of the Treasury, which prior to the first day of the Plan Year beginning on or after January 1, 2008, is the table specified in Revenue Ruling 2001-62 and on and after that date is the applicable Code Section 417(e)(3) mortality table.

(d) "Compensation" means a Participant's wages as defined in Code Section 3401(a) (wages subject to income tax withholding at the source) but without regard to exceptions contained in Code Section 3401(a) for wages based on the nature of location of the employment or the services performed. For Limitation Years beginning on or after December 31, 1997, for purposes of applying the limitations of this Article, compensation shall include any elective deferral (as defined in Code Section 402(g)(3)), and any amount

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which is contributed or deferred by the Employer at the election of the Participant and which is not includible in the gross income of the Participant by reason of Code Section 125 or 457. For Limitation Years beginning after December 31, 2000, compensation will also include any elective amounts that are not includible in the Participant's gross income by reason of Code Section 132(f) (related to qualified transportation plan). For Limitation Years beginning on and after January 1, 2007, compensation also includes compensation paid by that later of 2 1/2 months after the Participant's severance from employment or the end of the Limitation Year that includes the date of the Participant's severance from employment if:

(i) the payment is regular compensation for services during the Participant's regular working hours or compensation for services outside the Participant's regular working hours (such as overtime or shift differential) commissions, bonuses or other similar payments and absent a severance from employment, the payment would have been paid to the Participant while he or she continued in employment with the Employer; or

(ii) the payment is for unused accrued bona fide sick, vacation, or the leave that the Participant would have been able to use if employment had continued

The intent of this definition is to comply with the alternative definition of compensation described in Treasury Regulation Section 1.415-2(d)(11)(ii).

(e) "Defined Benefit Fraction" means a fraction, the numerator of which is the sum of the Participant's Projected Annual Benefits under all the defined benefit plans (whether or not terminated) maintained by the Employer, and the denominator of which is the lesser of (i) 125 percent of the Dollar Limitation in effect for the limitation year under Internal Revenue Code Section 415(b)(1)(A); or (ii) 140 percent of the Participant's Highest Average Compensation. Notwithstanding the foregoing, if the Participant was a Participant in a plan maintained by the Employer and in existence on July 1, 1982, the denominator of this fraction shall not be less than 125 percent of the sum of the annual benefits under such plans which the Participant had accrued as of the end of the last limitation year beginning before January 1, 1983, but determined without regard to changes in the Plan or cost-of-living increases occurring after July 1, 1982. The preceding sentence applies only if the defined benefit plans individually and in the aggregate satisfied the requirements of Internal Revenue Code Section 415 for all limitation years beginning before January 1, 1983.

(f) "Defined Contribution Fraction" means a fraction, the numerator of which is the sum of the Annual Additions to the Participant's account under all the defined contribution plans (whether or not terminated) maintained by the Employer for the current and all prior limitation years, and the denominator of which is the sum of the maximum aggregate amounts for the current and all prior limitation years of Employment with the Employer (regardless of whether a defined contribution plan was maintained by the Employer).

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The maximum aggregate amount in any limitation year is the lesser of (i) 125 percent of the Dollar Limitation in effect under Internal Revenue Code Section 415(c)(1)(A); or (ii) 35 percent of the Participant's Compensation for such year.

If the Employee was a participant in one or more defined contribution plans maintained by the Employer which were in existence on July 1, 1982, the numerator of this fraction shall be adjusted if the sum of this fraction and the defined benefit fraction would otherwise exceed 1.0 under the terms of this Plan. Under the adjustment, an amount equal to the product of (1) the excess of the sum of the fractions over 1.0 times and (2) the denominator of this fraction, will be permanently subtracted from the numerator of this fraction. The adjustment is calculated using the fractions as they would be computed as of the end of the last limitation year beginning before January 1, 1983.

(g) "Employer" means the Macon-Bibb County, Georgia.

(h) Limitation Year means the calendar year.

(i) "Projected Annual Benefit" means the annual benefit to which the Participant would be entitled under the terms of the Plan assuming (i) the Participant will continue Employment until Normal Retirement Age under the Plan (or current age, if later), and (ii) the Participant's Compensation for the current limitation year and all other relevant factors used to determine benefits under the Plan will remain constant for all future limitation years.

(j) "RPA '94 Old Law Benefit" means the Participant's Accrued Benefit under the terms of the Plan as of December 31, 1999, (the RPA '94 freeze date), for the Annuity Starting Date and optional form and taking into account the limitations of Code Section 415 as in effect on December 7, 1994, including the participation requirements under Code Section 415. In determining the amount of a Participant's RPA '94 old law benefit, the following shall be disregarded:

(i) any Plan amendment increasing benefits adopted after the RPA '94 freeze date; and

(ii) any cost of living adjustments that become effective after such date.

A Participant's RPA '94 old law benefit is not increased after the RPA '94 freeze date, but if the limitations of Code Section 415, as in effect on December 7, 1994, are less than the limitations that were applied to determine the Participant's RPA '94 old law benefit on the RPA '94 freeze date, then the Participants RPA '94 old law benefit will be reduced in accordance with such reduced limitation. If, at any date after the RPA '94 freeze date, the Participant's total plan benefit, before the application of Section 415, is less than the

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Participant's RPA '94 old law benefit, the RPA '94 old law benefit will be reduced to the Participant's total plan benefit.

(k) "RPA '94 Old Law Benefit" means the Participant's Accrued Benefit under the terms of the Plan as of December 31, 1999, (the RPA '94 freeze date), for the annuity starting date and optional form and taking into account the limitations of Code Section 415 as in effect on December 7, 1994, including the participation requirements under Code Section 415. In determining the amount of a Participant's RPA '94 old law benefit, the following shall be disregarded:

(i) any Plan amendment increasing benefits adopted after the RPA '94 freeze date; and

(ii) any cost of living adjustments that become effective after such date.

A Participant's RPA '94 old law benefit is not increased after the RPA '94 freeze date, but if the limitations of Code Section 415, as in effect on December 7, 1994, are less than the limitations that were applied to determine the Participant's RPA '94 old law benefit on the RPA '94 freeze date, then the Participant's RPA '94 old law benefit will be reduced in accordance with such reduced limitation. If, at any date after the RPA '94 freeze date, the Participant's total plan benefit, before the application of Section 415, is less than the Participant's RPA '94 old law benefit, the RPA '94 old law benefit will be reduced to the Participant's total plan benefit.

(l) "TRA '86 accrued benefit" means a Participant's accrued benefit under the Plan, determined as if the Participant had separated from service as of the close of the last limitation year beginning before January 1, 1987, when expressed as an annual benefit within the meaning of Code Section 415(b)(2). In determining the amount of a Participant's TRA '86 accrued benefit, the following shall be disregarded:

(i) any change in the terms and conditions of the Plan after May 5, 1986; and

(ii) any cost of living adjustments occurring after May 5, 1986.

(m) "Year of participation" means each accrual computation period for which the following conditions are met: (1) The Participant is credited with at least the number of hours of service (or period of service if the elapsed time method is used) for benefit accrual purposes, required under the terms of the Plan in order to accrue a benefit for the accrual computation period, and (2) the Participant is included as a Participant under the eligibility provisions of the Plan for at least one day of the accrual computation period. If these two conditions are met, the portion of a year of participation credited to the Participant shall equal the amount of benefit accrual service credited to the Participant for such accrual computation

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period. A Participant who is permanently and totally disabled within the meaning of Code Section 415(c)(3)(C)(i) for an accrual computation period shall receive a year of participation with respect to that period.

ARTICLE 13 ADMINISTRATIVE PROVISIONS

13.01 No Liability.

The Employer assumes no obligation or responsibility to any of its Eligible Employees, Participants or Beneficiaries for any act of, or failure to act, on the part of the Plan Administrator (unless the Employer is the Plan Administrator) or the Fund Administrator.

13.02 Amendment to Vesting Schedule.

Though the Employer reserves the right to amend the vesting schedule at any time, the Plan Administrator shall not apply the amended vesting schedule to reduce the Nonforfeitable percentage of any Participant's Accrued Benefit derived from Employer contributions (determined as of the later of the date the Employer adopts the amendment, or the date the amendment becomes effective) to a percentage less than the Nonforfeitable percentage computed under the Plan without regard to the amendment.

13.03 Pension Trustee Board.

The Pension Trustee Board will consist of a seven (7) member board comprised as follows: two active vested Macon-Bibb County employees (as defined by Section 8.02) that are members of this Plan, two vested Macon-Bibb County retirees that are members of this Plan, one Macon-Bibb County resident at large (with a financial background), and two Macon-Bibb County Commissioners; where said members shall be appointed by the Mayor, subject to approval of the majority of the Macon-Bibb County Commission. All members of the Pension Trustee Board shall serve at the pleasure of the Macon-Bibb County Commission and may be removed by the Mayor prior to the expiration of their respective terms with the approval of the majority vote of the Macon-Bibb County Commission. All Pension Trustee Board members shall serve a two-year term beginning December 9, 2014, and ending December 31, 2016. Each successor thereafter will serve a two year term which shall begin January of the respective year.

(a) The Pension Trustee Board shall administer the Plan and act as trustee, and shall have full power and authority to pass all reasonable rules and regulations of the administration of the Plan.

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(b) All rules and decisions of the Pension Trustee Board shall be uniformly and consistently applied to all Employees in similar circumstances. Any rule or decision that is not inconsistent with this Plan shall be conclusive and binding upon all persons affected by it.

(c) The Pension Trustee Board shall have complete control of the administration of the Plan with all powers necessary to enable it to properly carry out the provisions of the Plan. In addition to all implied powers and responsibilities necessary to carry out the objectives of the Plan, the Pension Trustee Board shall have the following specific powers and responsibilities:

(i) To construe the Plan and any agreement with a Fund Administrator and to determine all questions arising in the administration, interpretation and operation of the Plan;

(ii) To decide all questions relating to the eligibility of Employees to participate in the benefits of the Plan;

(iii) To determine the amount, manner and time of payment of any benefits of the Plan to which any Participant, Beneficiary or other person may be entitled, and to afford any person dissatisfied with such determination the right to a hearing thereon;

(iv) To keep records of all acts and determinations of the Pension Trustee Board, and to keep all such records, books of accounts, data and other documents as may be necessary for the proper administration of the Plan;

(v) To prepare and distribute to all Plan Participants and Beneficiaries information concerning the Plan and their rights under the Plan, including, but not limited to, all information that is required to be distributed by any applicable law;

(vi) To prescribe procedures to be followed by Participants in filing applications for benefits.

(vii) To file with the state of Georgia and/or the Secretary of the Treasury all reports and information required to be filed by the state, the Internal Revenue Service or other applicable law;

(viii) To receive and review the annual valuation of the Plan made by an actuary;

(ix) To receive and review reports of the financial condition of the Plan, and of the receipts and disbursements of the Plan assets;

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(x) To appoint or employ an administrator for the Plan and any other agents it deems advisable, including actuarial and legal counsel;

(xi) To do all things necessary to operate and administer the Plan in accordance with its provisions and in compliance with applicable provisions of federal law;

(xii) To authorize payment of benefits from the Fund; shall keep on file, in such manner as it may deem convenient or proper, all reports of the Fund; and

(xiii) To authorize the payment from the Fund of the reasonable expenses of administrating the Plan and the Trust.

(d) To enable the Pension Trustee Board to perform its functions, Macon-Bibb County shall supply full and timely information of all matters relating to the compensation and length of service of all Participants, their retirement, death or other cause of termination of employment, and such other pertinent facts as the Pension Trustee Board may require. The Pension Trustee Board shall advise the Fund Administrator of such facts and issue to the Fund Administrator such instructions as may be required by the Fund Administrator in the administration of the Plan. The Pension Trustee Board and Macon-Bibb County shall be entitled to rely upon all certificates and reports made by a Certified Public Accountant, actuary or legal counsel selected or approved by Macon-Bibb County. The Pension Trustee Board, Macon-Bibb County and its officers shall be fully protected in respect of any action suffered by them in good faith in reliance upon the advice or opinion of any accountant, actuary or attorney, and all action so taken or suffered shall be conclusive upon each of them and upon all other persons interested in the Plan.

ARTICLE 14 PARTICIPANT ADMINISTRATIVE PROVISIONS

14.01 Personal Data to Plan Administrator.

Each Participant and each Beneficiary of a deceased Participant must furnish to the Plan Administrator such evidence, data or information as the Plan Administrator considers necessary or desirable for the purpose of administering the Plan. The provisions of this Plan are effective for the benefit of each Participant upon the condition precedent that each Participant will furnish promptly full, true and complete evidence, data and information when requested by the Plan Administrator, provided the Plan Administrator shall advise each Participant of the effect of his failure to comply with its request.

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14.02 Address for Notification.

Each Participant and each Beneficiary of a deceased Participant shall file with the Plan Administrator from time to time, in writing, his post office address and any change of post office address. Any communication, statement or notice addressed to a Participant, or Beneficiary, at his last post office address filed with the Plan Administrator, or shown on the records of the Employer, shall bind the Participant, or Beneficiary, for all purposes of this Plan.

14.03 Litigation Against the Fund.

If any legal action filed against the Plan Administrator, or against any individual(s) acting as the Plan Administrator, by or on behalf of any Participant or Beneficiary, results adversely to the Participant or to the Beneficiary, the Fund Administrator shall reimburse the Plan or the Employer for all costs and fees expended by it or them by surcharging all costs and fees against the sums payable under the Plan to the Participant or to the Beneficiary, but only to the extent a court of competent jurisdiction specifically authorizes and directs such surcharges and only to the extent the Code does not prohibit any such surcharges.

14.04 Information Available.

Any Participant in the Plan or any Beneficiary, may examine copies of the Plan, the Plan description, or any other instrument under which the Plan was established or is operated. The Employer will maintain all of the items listed is this Section 14.04 in its human resources office, or in such other place or places as the Employer may designate from time to time in order to comply with all applicable regulations, for examination during reasonable business hours. Upon the written request of a Participant or Beneficiary, the Plan Administrator shall furnish him with a copy of any item listed in this Section 14.04. The Plan Administrator may make a reasonable charge to the requesting person for the copy so furnished. The Plan Administrator may provide Participants with any information required under any applicable federal or State of Georgia law via electronic communication, provided the electronic communication is not prohibited under such laws and the method of electronic communication is reasonably calculated to provide accurate results. A Beneficiary's right to (and the Plan Administrator's duty to provide to the Beneficiary) information or data concerning the Plan, shall not arise until he first becomes entitled to receive a benefit under the Plan.

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14.05 Limitation of Liability; Legal Action.

Any legal action to recover a benefit under this Plan must be filed within 60 days of the Plan Administrator's decision denying such benefit. Failure to file suit within this time period shall extinguish any right to benefits under the Plan. In no event may any legal action arising under this Plan be commenced later than the first anniversary of the date as of which a benefit first should have been paid or commenced.

Notwithstanding the foregoing, in the case of a dispute regarding a Participant's years of Service, no legal action may be commenced after the first anniversary of the date the Participant receives his first benefit statement (or other documentation) showing the amount of Service used to calculate his eligibility or vesting percentage under the Plan.

Neither the Employer nor the Pension Trustee Board shall be in any way subject to suit or litigation, or to any legal liability, for any cause or reason or thing whatsoever, in connection with this Plan or its operation, and each Participant and Beneficiary agrees to release the Employer, the members of the Board and all of its officers and agents from any and all liability or obligation.

To any action or proceeding involving the Plan or the Fund, the Employer, the Board and the Fund Administrator shall be the only necessary parties, and no employees or former employees of the Employer or their beneficiaries or other person having or claiming to have an interest in the Plan shall be entitled to any notice or process regarding such action or proceeding. Any final judgment that is not appealed or appealable that may be entered in any such action or proceeding shall be binding and conclusive on the parties hereto, the Board and all persons having or claiming to have any interest in the Plan.

ARTICLE 15 TRUST FUND AND CONTRIBUTIONS

15.01 Trust Fund.

(a) There is created a Trust Fund which consists of contributions made to the Plan by the Employer and the Participants and any funds that may be transferred to the Plan from funds of other pension plans, as well as the income and return from investment of such contributions and transfers. The Pension Trustee Board shall act as trustees to the Plan.

(b) All contributions and other monies becoming a part of the Fund shall be paid to the Fund Custodian who shall be named by the Pension Trustee Board. The Fund Custodian need not have investment powers and shall exercise no such powers unless authorized by the Pension Trustee Board. In general, the duties of the Fund Custodian shall be to receive from

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Pension Trustee Board monies to be added to the Fund and to allocate the same to the accounts of investment advisors as directed by the Pension Trustee Board. Such Fund Custodian shall likewise be empowered to retain, hold, allocate to investment advisors and distribute the Funds as the same may from time to time be directed. The Pension Trustee Board shall enter into a contract with the Fund Custodian to provide for the duties, compensation and other relevant terms of employment which shall be terminable at any time by the Pension Trustee Board. Charges made by the Fund Custodian shall be payable from the Trust Fund.

(c) In addition to the Fund Custodian, there shall be one or more investment advisors who shall have such powers of investment as are specified from time to time by the Pension Trustee Board. Generally, the investment advisors shall have the right to direct the purchase of securities and other investments for the account of the Fund, utilizing funds assigned to their respective accounts by the Fund Custodian, and to sell or exchange securities all in accordance with general limitations established from time to time by the Pension Trustee Board. All contributions paid over to the Plan or the Fund shall be invested in accordance with Georgia state law, federal law, and the terms of the Plan and the Fund to which they are contributed. The rights and obligations of the Pension Trustee Board shall be set out in a contract or contracts which shall specify fees to be paid and contain such other provisions as may be appropriate. All such contracts shall be terminable at any time by Pension Trustee Board.

15.02 Employer Contributions.

(a) Amount of Contributions. The Employer shall contribute to the Fund such amounts as are necessary to fund benefits under the Plan, and shall contribute such additional amounts as the Pension Trustee Board (based on the recommendation of the Actuary) deems necessary or desirable to maintain the actuarial soundness of the Plan.

(b) Form of Contributions. The Employer may pay its contributions to the Fund Administrator in cash or cash equivalent or, if acceptable to the Fund Administrator, marketable securities.

15.03 Exclusive Benefit.

Except as specifically provided herein, the Employer shall have no beneficial interest in any asset of the Fund and no part of any asset in the Fund shall ever revert to or be repaid to the Employer either directly or indirectly, or be used for, or diverted to, purposes other than the exclusive benefit of Plan Participants and their Beneficiaries prior to the satisfaction of all liabilities with respect to the Participants and their Beneficiaries under the Plan.

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15.04 Bond.

Any portion of the Fund that is held in a trust shall be covered by the bond of the Pension Trustee Board to the extent required by law.

15.05 Refund of Contributions Upon a Mistake of Fact.

Notwithstanding the foregoing, if and to the extent permitted by the Code and other applicable laws and regulations thereunder, upon the Employer's written request, a contribution that is made by a mistake of fact shall be returned to the Employer making the contribution within one (1) year after the mistaken payment of the contribution. The amount of any such contributions returned to the Employer shall be reduced by any losses attributable thereto but shall not be increased by any earnings.

15.06 Prohibited Transactions.

In no event shall the parties to the Plan exercise any powers in a manner that will constitute a prohibited transaction, as defined in Code Section 4975, for which an exemption does not exist.

ARTICLE 16 MISCELLANEOUS

16.01 Evidence.

Anyone required to give evidence under the terms of the Plan may do so by certificate, affidavit, document or other information which the person to act in reliance may consider pertinent, reliable and genuine, and to have been signed, made or presented by the proper party or parties. The Plan Administrator shall be fully protected in acting and relying upon any evidence described under the immediately preceding sentence.

16.02 No Responsibility for Participant Actions.

Neither the Employer nor the Plan Administrator shall have any obligation or responsibility with respect to any action required by the Plan to be taken by any Participant, Employee or Beneficiary, nor for the failure of any such person to act or not act.

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16.03 Word Usage.

Words used in the masculine shall apply to the feminine where applicable, and wherever the context of the Plan dictates, the plural shall be read as the singular and the singular as the plural.

16.04 State Law.

The laws of the State of Georgia shall determine all questions arising with respect to the provisions of this Agreement except to the extent Federal statute supersedes State law.

16.05 No Guarantee of Employment.

Nothing contained in this Plan, or any modification or amendment to the Plan, or in the creation of any account, or the payment of any benefit, shall give any Employee, Participant, or Beneficiary any right to continue employment, any legal or equitable right against the Employer, or an Employee of the Employer, except as expressly provided by the Plan or by a separate agreement.

ARTICLE 17 AMENDMENT AND TERMINATION

17.01 Amendment.

The Plan may be amended at any time and from time to time, in the sole discretion of the Employer, and without the consent of any Participant, by a written instrument authorized by the Macon-Bibb County Commission. Each amendment shall state the date to which it is either retroactively or prospectively effective. Any amendment that is required by the Internal Revenue Service in order for the Plan or Fund to qualify or continue to be qualified under the applicable provisions of the Code, or which in the judgment of the Employer is necessary or appropriate to such qualifications or continued qualification, may be made effective retroactively.

No amendment (including a change in the actuarial assumptions in Article 1) shall have the effect of decreasing the vested portion of a Participant's Accrued Benefit.

17.02 Termination.

(a) Right to Terminate. The Macon-Bibb County Commission reserves the right to terminate the Plan at any time.

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(b) Distribution Upon Plan Termination. If the Employer terminates the Plan, the Plan Administrator shall determine the value of the Plan's assets. The Plan Administrator shall then allocate assets of the Plan according to the following priorities:

(i) Benefits payable as an annuity, in the case of the benefit of a Participant or Beneficiary who was in pay status as of the termination date of the Plan;

(ii) All other Nonforfeitable benefits under the Plan; and

(iii) Any other benefits under the Plan.

If assets are insufficient to provide all benefits under the Plan, the Plan Administrator shall allocate such assets to satisfy obligations within each category by order of priority. If assets are insufficient to provide all benefits under a priority category, the Plan Administrator shall allocates assets to Participants within that category in the ratio which each Participant's total benefit bears to the total benefits of all Participants within that category.

(c) Full Vesting on Termination. Notwithstanding any other provision of this Plan to the contrary, upon the termination of the Plan, the Accrued Benefit of those Participants, who are in active employment on the date of the termination shall become one hundred percent (100%) vested and Nonforfeitable to the extent funded, and to the extent required by Code Section 401(a)(7), as such Section was in effect on September 1, 1974.

ARTICLE 18 EARLY RETIREMENT INCENTIVE PROGRAM

18.01 Early Retirement Incentive Program

An enhanced early retirement benefit shall be made available to certain Plan Participants on a one-time basis, in accordance with and subject to the following requirements, and shall be referred to herein as the Early Retirement Incentive Program or "ERIP":

(a) Eligibility for Enhanced Early Retirement Benefit under ERIP. A Law Enforcement Participant is eligible to elect to participate in the ERIP and receive an enhanced Normal Retirement Pension, if assuming the Law Enforcement Participant worked through December 31, 2015, he or she attained age fifty-three (53) and at least eight (8) Years of Service; or he or she earned at least twenty-three (23) Years of Service on or before December 31, 2015. A general Participant is eligible to elect to participate in the ERIP and receive an enhanced Normal Retirement Pension, if, assuming the Participant worked through December 31, 2015, he or she attained age fifty-eight (58) and at least eight (8) Years of Service; or he or she earned at least twenty-eight (28) Years of Service on or before

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December 31, 2015. Any Participant is eligible to elect to participate in the ERIP and receive an enhanced Early Retirement Pension if, assuming the Participant worked through December 31, 2015, he or she attained age forty-eight (48) and at least eighteen (18) Years of Service. Terminated Participants and elected officials are not eligible to elect to participate in the ERIP.

(b) Description of Enhanced Benefits. Subject to the applicable limitations of Code Section 415, the enhanced early retirement incentive benefit payable to a Participant who elects to participate in the ERIP shall be computed by substituting a multiplier of two and one-fourth percent (2.25%) for benefits determined under Section 5.02 or 6.02, and assuming the Participant worked for the Employer until December 31, 2015. Therefore, the Participant's benefit shall be based upon the Participant's service and his average compensation as of December 31, 2015, times 2.25%; provided, however an enhanced Early Retirement Pension shall be subject to the reductions as provided in Section 6.02 of the Plan.

(c) Additional Benefits. A supplemental benefit will be paid from the Plan to a Participant who elects to participate in the ERIP equal to $200 per month until the Participant attains age 65.

(d) Window Period for Election. A Participant, who satisfies the eligibility requirements of the ERIP in Section (a) above, may elect to terminate employment, retire and receive the enhanced early retirement benefit described in this Section by submitting the required forms to the designated individual no later than 5:00 p.m. on July 31, 2015. A Participant may not make an election to retire under the ERIP after he or she has terminated employment with the Employer.

(e) 7-Day Revocation Period. A Participant electing to retire early under the ERIP may revoke his or her election by providing written notice of the revocation to the designated individual within seven (7) days after he or she submitted the election form (the revocation period). If the Participant does not revoke his or her election within the 7-day revocation period, the election to terminate employment, retire and receive an enhanced retirement benefit pursuant to ERIP shall become irrevocable when the revocation period ends.

(f) Termination of Employment; Retirement Date. Participants who irrevocably elect to participate in the ERIP shall be required to retire no later than September 30, 2015. Benefits for a Participant who elects to participate in the ERIP shall commence on the first day of the month following his or her termination of employment and shall be paid on the first day of each succeeding month thereafter for as long as the Participant remains eligible to receive such benefits. If a Participant dies before

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commencement of benefits under this ERIP, the Participant's election to participate in the ERIP shall be null and void, notwithstanding any provisions herein to the contrary.

(g) Voluntary Election. The election to retire and receive enhanced early retirement benefits pursuant to the ERIP shall be completely voluntary.

The effective date of this provision is May 31, 2015. The rights and obligations under the Plan with respect to Participants whose employment with the Employer is terminated for any reason whatsoever prior to the effective date of this Plan Amendment shall be governed by the Plan as it existed and was in effect at the time of such termination.

Appendix I

Table 1 Certain & Life Factors (OC&L to 5 Yr C&L)

Table 2 Certain & Life Factors (OC&L to 10 Yr C&L)

AGE FACTOR 50 .9964 51 .9959 52 .9954 53 .9948 54 .9942 55 .9936 56 .9928 57 .9920 58 .9911 59 .9901 60 .9889 61 .9876 62 .9861 63 .9844 64 .9824 65 .9801 66 .9775 67 .9744 68 .9711 69 .9673 70 .9631

AGE 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70

FACTOR .9859 .9843 .9825 .9806 .9785 .9762 .9736 .9706 .9674 .9638 .9597 .9550 .9500 .9441 .9376 .9303 .9223 .9135 .9039 .8936 .8823

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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 THAT SHE IS THE CLASSIFIED/LEGAL MANAGER FOR THE MACON TELEGRAPH OR TRAVIS KNIGHT, WHO DEPOSES AND SAYS HE IS THE DIGITAL DIRECTOR OF ADVERTISING FOR THE MACON TELEGRAPH, AND ARE ALL AUTHORIZED BY THE PUBLISHER THEREOF TO MAKE THIS AFFIDAVIT, AND THAT ADVERTISEMENT AS PER ATTACHED CLIPPING HAS BEEN PUBLISHED IN THE MACON TELEGRAPH ON THE FOLLOWING DATES: 12/5, 12, 14

SIGNED s/ Dianne Buck

SWORN TO AND SUBSCRIBED BEFORE ME THIS 21st Day of December, 2015

s/ ANGEL WILFONG [SEAL]

GEORGIA, BIBB COUNTY PUBLIC NOTICE Macon-Bibb County proposes amendment its Charter so as to include the Macon-Bibb County Pension Plan (the "Plan") as Appendix I and so as to adopt a restatement of the Plan incorporating prior amendments for filing with the Internal Revenue Service for a determination letter. 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.

Filed in the Office of the Secretary of State December 22, 2015. __________

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MACON-BIBB COUNTY -- MACON-BIBB COUNTY PENSIONS AND RETIREMENT SYSTEM; INCORPORATE INTO CHARTER.

SPONSOR: MAYOR ROBERT A.B. REICHERT

AN ORDINANCE OF THE MACON-BIBB COUNTY COMMISSION TO ADOPT A RESTATEMENT OF DIVISION A OF THE MACON-BIBB COUNTY PENSIONS AND RETIREMENT SYSTEM (GA. L. 1972, P. 3152, AS AMENDED), [HEREINAFTER THE "PLAN"], SO AS TO INCORPORATE PRIOR AMENDMENTS AND FOR FILING WITH THE INTERNAL REVENUE SERVICE FOR A DETERMINATION LETTER; TO INCLUDE THE PLAN AS APPENDIX II TO THE CHARTER OF MACON-BIBB COUNTY SO AS TO PROVIDE FOR CODIFICATION OF THE PLAN; AND FOR OTHER PURPOSES.

WHEREAS, Georgia law specifically allows local municipalities to amend the provisions of their charters relating to public retirement systems pursuant to authority granted under the Georgia Public Retirement Systems Standards Act, O.C.G.A. Sec. 47-20-1 et seq., and the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq., as amended; O.C.GA. Sec. 36-35-1 et seq.); and

WHEREAS, the Macon-Bibb County Commission must adopt a restatement of the Plan so as to incorporate prior amendments and for filing with the Internal Revenue Service for a determination letter; and

WHEREAS, the Macon-Bibb County Commission also finds that it is in the best interest of Macon-Bibb County to include the Plan as Appendix II to the Charter of Macon-Bibb County, (Ga. L. 2012, p. 5595, as amended), so as to provide for codification of the Plan;

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. Articles I thru XI of the Plan are hereby amended pursuant to authority granted Macon-Bibb County under the Georgia Public Retirement Systems Standards Act, O.C.G.A. Sec. 47-20-1 et seq., and the Municipal Home Rule Act of 1965, (Ga. L. 1965, p. 298, et seq., as amended; O.C.G.A. Sec. 36-35-1 et seq.), by deleting Articles I thru XI in their entirety and inserting in their place the revised Articles I thru XI in substantially the same form as Exhibit "A" attached hereto and incorporated herein by reference.

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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.), Section 25 of the Charter of Macon-Bibb County, (Ga. L. 2012, p. 5595, as amended), shall be amended by adding a new subsection (d) to read as follows: (d) The provisions of Division A of the Macon-Bibb County Pensions and Retirement System, (Ga. L. 1972, p. 3152, as amended and restated), are incorporated herein and made a part hereof as Appendix II to this charter.

Section 3. 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.), the Charter of Macon-Bibb County, (Ga. L. 2012, p. 5595, as amended), shall be amended to include the revised Articles I thru XI, (attached hereto as Exhibit "A" and incorporated herein by reference), as Appendix II to the Charter.

Section 4. In accordance with Sec. 1-4(c) of the Code of Ordinances of Macon-Bibb County, Georgia, it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of Ordinances of Macon-Bibb County, Georgia, and the sections of this Ordinance may be renumbered to accomplish such intention.

Section 5. The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared illegal by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.

Section 6. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed.

Section 7. This Ordinance shall become effective immediately upon its approval by the Mayor or upon its adoption into law without such approval.

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FIRST PASSAGE OF CHARTER AMENDMENT

SO ORDAINED this 1st day of December, 2015.

s/ ROBERT A.B. REICHERT ROBERT A.B. REICHERT, MAYOR

ATTEST: s/ JANICE S. ROSS JANICE ROSS, CLERK OF COMMISSION

SECOND PASSAGE OF CHARTER AMENDMENT

SO ORDAINED this 15th day of December, 2015.

s/ ROBERT A.B. REICHERT ROBERT A.B. REICHERT, MAYOR

ATTEST: s/ JANICE S. ROSS JANICE ROSS, CLERK OF COMMISSION

EXHIBIT "A" CHARTER APPENDIX II -- MACON-BIBB COUNTY PENSIONS
AND RETIREMENT SYSTEMS, DIVISION A

_______________

Editor's note: Printed in this appendix is 1972 Ga. Laws (Act No. 1155), page 3152 as amended.

State law references: Power to maintain and modify retirement or pension systems, Const. Ga. Art. 9, Sec. 2, Par. 3 (a)(14); public retirement standards law, O.C.G.A. 47-20-1 et seq. _______________

ARTICLE I. DEFINITIONS AND CONSTRUCTION

Sec. 1.1. Definitions Where the following words and phrases appear in this plan, they shall have the respective
meanings set forth below, unless their context clearly indicates to the contrary:

(a) Plan: Division A of the Macon-Bibb County Pensions and Retirement System.

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(b) Pension Fund: The fund established to receive and invest contributions of the employer and from which benefits are paid.

(c) Employer: The City of Macon, Georgia. Effective as of July 1, 2012, the term 'Employer' shall also include Bibb County, Georgia, but only with respect to those employees of Bibb County who are eligible to continue to participate in the plan in accordance with Section 2.5. Effective January 1, 2014, the term "Employer" shall mean "Macon-Bibb County" with respect to those employees of Macon-Bibb County who are eligible to continue to participate in the Plan in accordance with Section 2.6.

(d) Committee: The persons appointed to administer the plan.

(e) Employee: Any person not specifically excluded in Article II, Section 2.3.

(1) Who is regularly employed by the employer and receiving remuneration for personal services rendered to the employer; and

(2) Whose customary employment is for more than 30 hours per week; and

(3) Who was first employed by the Employer before January 1, 2014.

(f) Pension: A series of monthly amounts which are payable to a person who is entitled to receive benefits under the plan.

(g) Retirement: Termination of employment after an employee has fulfilled all requirements for a pension. Retirement shall be considered as commencing on the first day of the month immediately following an employee's last day of employment (or authorized leave of absence, if later).

(h) Service: All years and complete months in the employ of the Employer and while a member of this Plan, subsequent to this amendment, plus all service accrued under the provisions of the Plan prior to the date of this amendment, plus any accumulated service credits.

Employees who have been ineligible for membership in this plan, but who, because of a change in the eligibility requirements, have become eligible, shall be entitled to accumulate past service credits by electing, within 60 days after first becoming eligible, to pay into the pension fund a sum of money equal to that which would have been paid had they been eligible at the time of their employment.

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Each employee who is a member of this plan who has worked for a joint city-county office or who has worked for the City of Macon, and has service for which credit has not been granted in the past due to a break in service may re-establish his or her service effective as of January 1, 1977 by paying within sixty (60) days after said date the amount of employee contributions, as determined by the retirement committee in order to establish and reinstate any broken service not previously credited.

(i) Compensation: The remuneration paid to an employee by the employer for services which are rendered during the period considered as service. Compensation for a year shall include salary and wages as reported on the Employee's Federal Income Tax Withholding Statement (Form W-2) plus any additional compensation paid by the employer as salary during that year, including, but not limited to, deferred compensation.

(j) Average Monthly Compensation: The result obtained by dividing the total compensation paid to an employee during a considered period by number of months for which compensation was received. The considered period shall be the three years of service which yield the highest average, or such shorter period if service is less than three years.

Except with respect to Qualified Participants (as defined below), for Plan Years beginning on and after January 1, 1996, the compensation taken into account during a Plan Year in calculating a Participant's benefit under this Plan shall not exceed the limitations of Internal Revenue Code Section 401(a)(17) in effect as of the beginning of the Plan Year (e.g., $150,000.00 in 1996, $200,000.00 in 2002). For purposes of applying the Section 401 (a)(17) limit, as adjusted, if any Employee is the spouse or a lineal descendant of an Employee (provided the lineal descendant is younger than age 19 by the end of the Plan Year) who is one of the ten (10) "highly compensated employees" (within the meaning of Internal Revenue Code Section 414(q)) paid the greatest amount of earnings (determined without regard to the $150,000.00 limit, as adjusted) during the Plan Year, the Employee shall not be treated as a separate Employee. The preceding sentence shall not, however, apply to any Plan Year that begins on or after January 1, 1997.

The limit described in the previous paragraph shall not apply to any Qualified Participant. A Qualified Participant is any Participant who first became a Participant in the Plan before January 1, 1996.

Notwithstanding the general rule that the provision of this amendment do not apply to individuals who had a termination of employment before January 1, 1997, this limit on Compensation shall be effective as to such Participants, as well as to individuals who are Participants on and after January 1, 1997.

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(k) Normal Retirement Date: The first day of the month coinciding with or next following an employee's 60th birthday.

(l) Actuarial Equivalent: The term 'Actuarial Equivalent' shall mean equality in value of the aggregate amounts expected to be received under different forms of payment. For this purpose, 'actuarial equivalence' for annuity forms of payment will be based on a 7% interest per annum and, for periods prior to July 1, 2013, a 50%/50% blend of the male and females rates set forth in the 1983 Group Annuity Mortality Table and, for periods on and after July 1, 2013, the 'applicable mortality table' promulgated under section 417(e)(3) of the Code in effect at such time.

(m) Social Security Wage Base: The term 'Social Security Wage Base' shall mean, with respect to any year, the maximum amount of earnings which may be considered wages for such year under Section 3121 (a) (I) of the Internal Revenue Code.

(n) Primary Social Security Benefit: The term 'Primary Social Security Benefit' shall mean the monthly amount available at age 65 (or actual retirement, if later) for the benefit of a retired member (excluding any benefit available on behalf of a spouse or dependent) under the provisions of Title II of the Federal Social Security Act in effect on the date of his or her retirement, whether or not such amount is actually paid. If the exact primary social security benefit is not known at retirement, it shall be estimated in accordance with uniform rules adopted by the committee. If a member retires prior to age 65, in accordance with the provisions of Article IV, or terminates employment with a deferred termination benefit in accordance with the provisions of Section 7.1, the amount of his or her primary social security benefit shall be computed by assuming he or she receives no wages after his or her retirement or termination of employment.

(o) Spouse or Surviving Spouse means the person to whom the Participant is legally married. 'Spouse' and 'surviving spouse' shall not include domestic partners or other similar relationships that are not denominated as marriage.

(p) Effective Date of Amended Plan: July 1, 2015, except as otherwise indicated.

Sec. 1.2. Construction.

The masculine gender, where appearing in the plan, shall be deemed to include the feminine gender, unless the context clearly indicates to the contrary. The words 'hereof', 'herein', 'hereunder', and other similar compounds of the word 'here' shall mean and refer to the entire plan, not to any particular provision or section.

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ARTICLE II. ELIGIBILITY AND PARTICIPATION

Sec. 2.1. Eligibility.

Each employee shall be eligible to participate in the plan on the first day of the month coinciding with or next following the date of his or her employment with the employer, except as provided by section 2.6(b) of the Plan, no employee hired or rehired on or after January 1, 2014, shall be eligible to participate in the Plan

Sec. 2.2. Participation.

Each employee shall automatically become a participant hereunder when he or she meets the eligibility requirements as described in Section 2.1 of this Article II. Once an employee has become a participant he or she will continue to be a participant as long as he or she continues to be an employee thereafter as long as he or she retains any right to benefits under the plan.

All employees of the Planning and Zoning Commission are eligible to participate in the plan on January 1, 1977 and will remain a participant if he or she so elects, as long as he or she continues to be an employee and thereafter, as long as he or she retains any rights to benefits under the plan. Each employee will have the right to establish his or her years of past service prior to January 1, 1977, by making the appropriate employee contribution to the plan as determined by the retirement committee. If the employee elects not to make such a contribution, then service for benefit purposes as well as eligibility purposes will commence with January 1, 1977. An employee electing to receive past service credits, shall pay within sixty (60) days into the pension fund the sum of money equal to the amount so determined by the retirement committee.

Sec. 2.2(a). Recoupment of credit for prior service.

During a sixty (60) day window beginning on the effective date of the charter amendment adding this Section 2.2(a), any current employee who is an active member of the plan who previously terminated his or her employment with the City of Macon and then was subsequently re-hired by the City of Macon or who though employed by the City of Macon was excluded for a time, may recoup credit for past service in any position for which credit is now allowed by applying and paying into the system the amount equal to a sum determined by a calculation by the Committee and Actuary for such employee for his or her prior employment with the City of Macon, plus five per cent (5%) interest, plus administrative costs as determined by the Committee.

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The Employee shall make application and pay the total amount due in one lump sum within the sixty (60) day window period. No credit shall be recouped by the employee until such time as payment has been made in full.

Sec. 2.3. Exclusions.

The following persons are excluded from participation in the plan unless specifically included by action of mayor and council:

(a) Officers and employees of the Medical Center of Central Georgia, Macon-Bibb County Hospital Authority, Macon-Bibb County Water and Sewerage Authority, Macon-Bibb County Board of Health, and any and all other boards and authorities of like kind and character acting as quasi-entities apart from the City of Macon but exercising some municipal function; provided however, this exclusion section shall not apply to employees of the Planning and Zoning Commission or the employees transferred from the City of Macon to Bibb County described in Section 2.5 of this Article II;

(b) The mayor, city council members, and judge of municipal court;

(c) Sworn officers of the fire and police departments;

(d) Management interns; and

(e) Any employees who are not classified as full-time and permanent; and

(f) Any employee hired or rehired on or after January 1, 2014

The above exclusions notwithstanding, once a participant has attained eligibility, he or she shall remain eligible so long as full-time employment with the city is maintained.

Sec. 2.4. Withdrawal of the present value of accrued benefits of participating former City of Macon Transit employees.

In consideration of the transfer of City of Macon Transit employees to the Macon/Bibb County Transit Authority, the Macon Pensions and Retirement System shall on the effective date of this Charter Amendment transfer to the Macon/Bibb County Transit Authority Employees' Pension Plan two hundred fourteen thousand, four hundred seventeen and 00/100 ($214,417.00) dollars (plus any interest accrued on that amount of money from May 1, 1981 to the effective date of this amendment), that two hundred fourteen thousand, four hundred seventeen and 00/100 ($214,417.00) dollar amount of money being the present value of accrued benefits for City of Macon Transit employees participating in the Macon Pensions

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and Retirement System as computed by A. S. Hansen, Actuary, in a report dated April 28, 1981 to the City of Macon.

Sec. 2.5. Continued participation by certain employees transferred to Bibb County.

Each employee whose employment is transferred from the City of Macon to Bibb County, Georgia, effective as of July 1, 2012, in connection with the Service Delivery Strategy Agreement entered into between the Board of Commissioners of Bibb County and the City of Macon, dated May 9, 2011, and who is credited with five or more years of Service as of July 1, 2012, or who is otherwise entitled to a vested Pension under the Plan as of such date, shall continue to participate in the Plan after his or her employment is transferred to Bibb County. Such employees' Average Monthly Compensation and years of Service shall include his or her compensation and service with Bibb County on and after July 1, 2012, and he or she shall not be deemed to have retired or otherwise separated from service for purposes of the Plan until such time as he or she retires or separates from service from Bibb County. Such employees' Pension shall be calculated in accordance with the Pension formula and other terms and conditions of the Plan as in effect on June 30, 2012, except to the extent required by applicable law.

Sec. 2.5. Reserved.

Sec. 2.6. Continued participation by certain employees of Macon-Bibb County

(a) Each employee whose employment is transferred from the City of Macon or Bibb County, Georgia, effective as of January 1, 2014, in connection with the restructured government pursuant to an act of the Georgia General Assembly, and who was participating in the Plan on December 31, 2013, shall continue to participate in the Plan after his or her employment is transferred to Macon-Bibb County. Such employees' Average Monthly Compensation and years of Service shall include his or her Compensation and Service with Macon-Bibb County on and after January 1, 2014, and he or she shall not be deemed to have retired or otherwise separated from service for purposes of the Plan until such time as he or she retires or separates from service from Macon-Bibb County. Such employee's Pension shall be calculated in accordance with the Pension formula and other terms and conditions of the Plan as in effective on December 31, 2013, except to the extent required by applicable law.

(b) Any Participant whose job is abolished pursuant to Section 30(e) of HB 1171 and who is rehired by Macon-Bibb County before the end of the calendar year, shall not have a termination of employment for purposes of this Plan.

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(c) In no event shall any eligible employee accrue benefits under this Plan for periods of Service performed for Bibb County, Georgia, the City of Macon, Georgia, or Macon-Bibb County, if such service is taken into account for the purposes of benefit accrual under another qualified defined benefit plan sponsored by Bibb County, Georgia, the City of Macon, Georgia, or Macon-Bibb County.

ARTICLE III. CONTRIBUTIONS*

Sec. 3.1. Employer contributions.

The City of Macon shall appropriate to the Pension Fund annually a sum sufficient to maintain the Plan on a sound financial basis, as determined by a qualified actuary or firm of actuaries. All City contributions shall be paid to the fund and shall be irrevocable except as herein provided and shall be used only for the benefit of the employees and their beneficiaries. No reversion of the assets of the fund may be made other than in accordance with applicable law.

ARTICLE IV. REQUIREMENTS FOR RETIREMENT BENEFITS

Sec. 4.1. Normal retirement.

An employee shall become fully vested and eligible for a normal pension if his or her employment is terminated on or after his or her 60th birthday provided said employee has completed five or more years of service. Payment of a normal pension shall commence as of the first day of the month coinciding with or next following the date of retirement, and if the employee has received 60 monthly payments, the last payment thereof shall be made as of the first day of the month in which the death of the retired employee occurs.

Every employee may retire on his or her normal retirement date (subject to the service requirement for a normal pension); however, at the employee's option, an employee may continue working after his or her normal retirement date for an extended period or periods. All employees working beyond the normal retirement date shall provide the employer a minimum of sixty (60) days' notice of intent to retire from employment.

Sec. 4.2. Early retirement.

An employee shall become fully vested and eligible for an early pension if his or her employment is terminated on or after his or her 55th birthday provided said employee has completed five or more years of service. Payment of an early pension shall commence as of the first day of the month coinciding with or next following the date of retirement, or such later date as the employee may elect but in no event later than the first day of the month

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following his or her normal retirement date, and if the employee has received 60 monthly payments, the last payment shall be made as of the first day of the month in which the death of the retired employee occurs.

Sec. 4.3. Disability retirement.

An employee shall be eligible for a disability pension if his or her employment is terminated by reason of total and permanent disability, provided said employee has completed five or more years of service. Payment of a disability pension shall commence as of the first day of the seventh month coinciding with or next following the date of retirement. If the employee has received 60 monthly payments, the last payment shall be made as of the first day of the month in which the death of the retired employee occurs, or if disability ceases prior to his or her normal retirement date the last payment shall be made on the first day of the month in which disability ceases.

Disability under the plan shall be considered total and permanent if the employee is eligible for and receives disability benefits under the Social Security Act.

Where an employee is not eligible for disability benefits under the Social Security Act, he or she may be otherwise considered totally disabled under the plan if, in the opinion of the Committee, relying on the advice of a licensed physician or physicians, said employee is wholly prevented by his or her physical and/or mental condition from discharging his or her usual or comparable duties in an efficient manner. Any employee shall be considered permanently disabled, if, in the opinion of the Committee, relying on the advice of a licensed physician or physicians, said employee is likely to remain so disabled continuously and permanently. The Committee may require an employee, applying for retirement on the basis of total and permanent disability, under the terms of this paragraph, to undergo a medical examination by a physician or physicians designated by the Committee, the expense thereof to be borne by the Committee. Should any such employee refuse to submit to such medical examination or examinations, he or she shall not be granted any retirement benefits during the continuance of such refusal. Once each year the Committee may require an employee receiving a disability benefit under this paragraph who has not reached his or her normal retirement date to undergo a medical examination by a physician or physicians designated by the Committee. If it appears from such medical examination that the disability of an employee who has not reached his or her normal retirement date has ceased, his or her disability benefit shall be discontinued by the Committee. Should any such employee refuse to submit to such medical examination and should he or she fail to undergo such medical examination for a year, all his or her rights in and to his or her disability benefit shall cease. The decision of the committee on these questions shall be final and binding and may not be appealed.

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If disability ceases before a retired employee attains his or her normal retirement date and the employee is reemployed by the employer, the pension payable upon his or her subsequent retirement shall be determined in accordance with the provisions of Section 9.2 hereof.

ARTICLE V. AMOUNT OF RETIREMENT BENEFIT

Sec. 5.1. Normal pension.

An employee who meets the requirements for a normal pension shall receive a monthly amount determined as the sum of (i) and (ii) below then multiplied by (iii) below, in accordance with the following:

(i) 1- 52/100% (.0152) of Average Monthly Compensation up to $1,250.00,

(ii) 1- 9/10% (.019) of Average Monthly Compensation in excess of $1,250.00,

(iii) number of years of Service.

If employment continues after an employee's normal retirement date, his or her pension shall commence upon his or her actual retirement, and the amount of such employee's pension shall be computed in accordance with this Section 5.1 and in so computing such pension his or her service and compensation up to his or her actual retirement date shall be used.

Sec. 5.2. Early pension.

An employee who meets the requirements for an early pension shall receive a monthly amount determined as follows:

(a) The early pension commencing at the employee's normal retirement date shall be a monthly amount determined as the sum of (i) and (ii) below then multiplied by (iii) below, in accordance with the following:

(i) 1- 52/100% (.0152) of Average Monthly Compensation up to $1,250.00,

(ii) 1- 9/10% (.019) of Average Monthly Compensation in excess of $1,250.00,

(iii) number of years of Service.

(b) If payment of an early pension commences prior to the employee's normal retirement date, the monthly amount shall be the pension computed in subsection 5.2(a) above,

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reduced by five-twelfths of one percent (5/12 of 1 %) for each month between the date payments commence and his or her normal retirement date.

Sec. 5.3. Disability pension.

An employee who meets the requirements for a disability pension shall receive a monthly amount equal to fifty (50%) percent of his or her average monthly compensation less an amount equal to the amount of fifty (50%) percent of his or her actual monthly Primary Social Security disability benefit. In addition, he or she shall receive a monthly amount equal to one-half (1/2) of one (1%) percent of his or her average monthly compensation for each completed year of service in excess of five (5) years.

Sec. 5.4. No loss of benefit.

In no event will an employee who was a participant of the plan on an amendment date receive an amount less than he or she would have received had the plan not been amended, considering his or her total years of service to normal retirement and base earnings in effect at the time of the amendment.

Sec. 5.5. Reduction of benefits by workers' compensation benefits.

Notwithstanding anything to the contrary, with respect to any employee whose employment with the City terminates after October 1, 1995, the following monthly benefits shall be reduced:

(a) The monthly benefit otherwise payable to the employee for any calendar month under any of the following sections of this Plan (irrespective of whether or not the amount of benefit is computed under Sections 6.1 through 6.4, due to the employee's election of an optional benefit):

(1) Normal Pension under Section 5.1;

(2) Early Pension under Section 5.2;

(3) Disability Pension under Section 5.3;

(4) Deferred Termination Benefit under Section 7.1.

shall be reduced by the amount of the monthly Workers' Compensation Benefit (not including Medical Expense Reimbursement Benefits or Lump Sum Benefits) otherwise

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paid to the Employee by the City or third party on behalf of the City for any such calendar month.

(b) In the event of the employee's death, the monthly benefit otherwise payable to the surviving spouse of any such employee for any calendar month under Section 7.2 or 7.3 shall be reduced by the amount of the monthly Workers' Compensation Benefit (not including Medical Expense Reimbursement Benefits or Lump Sum Benefits) otherwise paid to the surviving spouse of such employee by the City or a third party on behalf of the City for any such calendar month. In the event of the employee's death, the monthly benefit otherwise payable to a minor child of any such employee for any calendar month under Section 7.2 or 7.3 shall be reduced by the amount of the Workers' Compensation Benefit (not including Medical Expense Reimbursement Benefits or Lump Sum Benefits) otherwise paid to said minor child of such employee by the City, for any such calendar month. In the event of the employee's death, the monthly benefit otherwise payable to any other beneficiary of any such employee for any calendar month under Section 7.2 or 7.3 shall be reduced by the amount of the monthly Workers' Compensation Benefit (not including Medical Expense Reimbursement Benefits or Lump Sum Benefits) otherwise paid to such beneficiary of such Employee by the City or any third party on behalf of the City for any such calendar month.

(c) In no event, where the only benefit payable under any provision of this plan is the refund of employee contributions, shall the amount of such refund be reduced under this section.

ARTICLE VI. OPTIONAL RETIREMENT BENEFITS

Sec. 6.1. Joint and survivor option.

By filing an application with the committee, an employee may designate his or her spouse (or any dependent approved by the committee) as his or her contingent pensioner and elect to receive a pension payable in accordance with one of the following options, in lieu of the pension to which he or she may otherwise become entitled upon retirement:

(a) Option 1: The employee shall receive a reduced pension payable for life, and payments in the amount of 100% of such reduced pension shall, after the employee's death, be continued to the contingent pensioner during the latter's lifetime.

(b) Option 2: The employee shall receive a reduced pension payable for life, and payments in the amount of 66 2/3% of such reduced pension shall, after the employee's death, be continued to the contingent pensioner during the latter's lifetime.

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(c) If an employee dies after becoming eligible to retire but before applying for retirement, and such member is survived by a spouse, the surviving spouse shall be entitled to receive a benefit as if the member had elected to receive one hundred percent (100) of the member's benefits as provided in Art. VI, section 6.1 (a) such benefits to commence on the first day of the month immediately following the death of the employee.

Sec. 6.2. Ten years certain option Option 3.

The employee may elect to receive a reduced pension payable for life with 120 monthly payments guaranteed. In the event the employee should die before having received 120 monthly payments, the remaining payments will be made to his or her contingent pensioner.

The aggregate of the pension payments expected to be paid to an employee and his or her contingent pensioner under any of the above options shall be the actuarial equivalent of the pension which the employee is otherwise entitled to receive upon retirement.

An employee may elect or revoke an option prior to retirement by filing such election or revocation in writing with the committee prior to retirement. Under no circumstances may an option be changed or revoked after the employee's retirement.

An election made pursuant to this section shall become inoperative in the event that (a) the employee's death occurs prior to actual retirement; or, (b) the death of the contingent pensioner occurs before the employee's actual retirement.

Sec. 6.3. Level income option Option 4.

If payment of a pension commences prior to the earliest age as of which the employee will become eligible for an Old-Age Insurance Benefit under the Social Security Act, the amount of the pension may be adjusted so that an increased amount will be paid prior to such age and a reduced amount thereafter; the purpose of this adjustment is to enable the employee to receive, from this plan and under the Social Security Act, an aggregate income in approximately a level amount for life. Such adjusted pension payments shall be the actuarial equivalent of the pension otherwise payable to such employee.

Sec. 6.4. Other forms of payment Option 5.

If a pension payable under this plan is less than twenty-five dollars ($25.00) per month, the committee may direct that, in lieu of such pension, the actuarial equivalent thereof shall be paid in a lump sum, or in a series of uniform monthly, quarterly, or annual amounts for life or for a designated period of time.

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The time during which payment shall be made of any of the other forms of payment provided for in this Article shall be limited to a period not exceeding the life or the life expectancy of the Employee and/or contingent pensioner.

Notwithstanding anything herein to the contrary, if the actuarial value of an Employee's benefit under any optional benefit is less than 50% of the value of the benefit otherwise payable to the Employee, the optional benefit shall be adjusted so that the value of the Employee's benefit under the option will be equal to an amount not less than 50% of the value of the benefit otherwise payable to the Employee.

Sec. 6.5. Direct Rollovers.

Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributee's election under this Section 6.5, a Distributee may elect, at the time and in the manner prescribed by the Committee, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover.

For purposes of this Section the following definitions shall apply:

(a) Eligible Rollover Distribution: The term 'Eligible Rollover Distribution' means any distribution of all or any portion of the balance to the credit of the Distributee, except that an Eligible Rollover Distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Distributee or the joint lives (or joint life expectancies) of the Distributee and the Distributee's designated beneficiary, or for a specified period of ten years or more; and any distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code.

(b) Eligible Retirement Plan: The term 'Eligible retirement Plan' means an individual retirement account described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code, an annuity plan described in Section 403(a) of the Internal Revenue Code, or a qualified trust described in Section 401(a) of the Internal Revenue Code, or an individual retirement plan described in Section 408A of the Internal Revenue Code (Roth IRA) that accepts the Distributee's Eligible Rollover Distribution. However, in the case of an Eligible Rollover Distribution to the surviving spouse, an Eligible Retirement Plan is an individual retirement account or individual retirement annuity. For these purposes, an Eligible Retirement Plan shall also mean an annuity contract described in Section 403(b) of the Internal Revenue Code and an eligible plan under Section 457(b) of the Internal Revenue Code which is maintained by a state, political subdivision of a state, or any

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agency or instrumentality of a state or political subdivision of a state and which agrees to separately account for amounts transferred into such plan from this Plan. The definition of Eligible Retirement Plan shall also apply in the case of a distribution to a surviving spouse.

(c) Distributee: The term 'Distributee' includes an Employee or former Employee. In addition, the Employee's or former Employee's surviving spouse are distributees with regard to the interest of the spouse. For distributions after December 31, 2009, a non-spouse beneficiary who is a "designated beneficiary" under Section 401(a)(9)(E) of the Internal Revenue Code and the regulations thereunder, may, in accordance with Section 402(c)(11) of the Internal Revenue Code, by a direct trustee-to-trustee transfer ("direct rollover"), roll over all or any portion of his or her distribution to an Individual Retirement Account (IRA) the beneficiary establishes for purposes of receiving the distribution. In order to be able to roll over the distribution, the distribution otherwise must satisfy the definition of an "eligible rollover distribution" under Section 401(a)(31) of the Internal Revenue Code. Although a non-spouse beneficiary may roll over directly a distribution, the distribution is not subject to the direct rollover requirements of Section 401(a)(31) of the Internal Revenue Code, the notice requirements of Section 402(f) of the Internal Revenue Code or the mandatory withholding requirements of Section 3405(c) of the Internal Revenue Code. If a non-spouse beneficiary receives a distribution from the Plan, the distribution is not eligible for a 60-day (non-direct) rollover. If the Participant's named beneficiary is a trust, the Plan may make a direct rollover to an IRA on behalf of the trust, provided the trust satisfies the requirements to be a "designated beneficiary" within the meaning of Section 401(a)(9)(E) of the Internal Revenue Code.

(d) Direct Rollover: The term 'Direct Rollover' means a payment by the Plan to the Eligible Retirement Plan specified by the Distributee.

ARTICLE VII. OTHER BENEFITS

Sec. 7.1. Deferred termination benefit.

Upon an employee's termination of employment for any reason other than death or retirement, he or she shall be entitled to a deferred monthly benefit commencing as of his or her early or normal retirement date, as defined in Article IV.

The benefit shall be computed in the same manner as an early pension, as defined in Article V, Section 5.2, Paragraph (a), considering compensation and service up to the date of termination, and in accordance with the following vesting percentages:

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TABLE INSET: Years of Service at Date of Separation Ord. No. 5 years but less than 6 years 6 years but less than 7 years 7 years but less than 8 years 8 years but less than 9 years 9 years but less than 10 years 10 years but less than 11 years 11 years but less than 12 years 12 years but less than 13 years 13 years but less than 14 years 14 years but less than 15 years 15 years and over.

Percentage of City Paid Portion of Benefit Adopted 25% 30% 35% 40% 45% 50% 60% 70% 80% 90% 100%

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If the payment of an employee's deferred termination benefit commences as of his or her early retirement date, the benefit as described in this section shall be reduced as defined in Article V, Section 5.2, Paragraph (b).
Sec. 7.2. Death benefit.
If the death of an employee who has a surviving spouse occurs before actual retirement, and such employee has at least five (5) years of service, a benefit equal to fifty (50) percent of the employee's benefit, computed in accordance with section 5.1(a) considering average monthly compensation and service at date of death, shall be payable to such spouse. For purposes of this section 7.2, surviving spouse or spouse shall be the person to whom the employee was married on the date of his or her death. The spouse's benefit shall commence on the first day of the month following the employee's death, with payment continuing for the lifetime of the spouse. If the spouse dies before receiving benefits equal to the amount of the employee's contribution to the plan, the difference between the employee's own contributions and the actual benefits paid will he refunded to the spouse's estate.

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If there is no surviving spouse or if there is a surviving spouse but the employee had less than five (5) years of service and the death of the employee occurs after his or her normal retirement date but prior to his or her retirement, and if the employee would have been entitled to a pension if his or her retirement had occurred immediately prior to his or her death, a pension shall be payable to the employee's beneficiary designated pursuant to section 7.3 for sixty (60) months in an amount equal to the pension which the employee would have received if his or her retirement had taken place immediately prior to his or her death. If an optional benefit under section 6.1 is in effect at the time of the employee's death, any death benefit payable will be in accordance with the option elected. After the sixty (60) monthly payments have been made to the beneficiary, the beneficiary will receive an amount equal to the excess, if any, of the employee's own contributions over the actual benefits paid.

If there is no surviving spouse or if there is a surviving spouse but the employee had less than five (5) years of service and if termination of employment is caused by the death of an employee and if death occurs before attainment of an employee's normal retirement date, but after becoming eligible for early retirement, a pension shall be payable to the employee's beneficiary, designated pursuant to section 7.3, for sixty (60) months. The amount of such pension shall be equal to the pension which the employee would have received if his or her retirement had taken place immediately prior to his or her death. After the sixty (60) monthly payments have been made to the beneficiary, the beneficiary will receive an amount equal to the excess, if any, of the employee's own contributions over the actual benefits paid.

If there is no surviving spouse and the death of an employee occurs before age fifty-five (55), no benefit is payable under the plan with the exception of the return of the employee's contributions, if any.

Sec.7.3. Post-retirement death benefit.

If an optional benefit under Article VI is in effect at the time of the employee's retirement or death, any death benefit payable will be in accordance with the option elected.

If a retired employee is receiving a pension under Article V and no option was elected and if his or her death occurs before he or she has received payments for 60 months, the employee's beneficiary shall be entitled to a monthly pension for the remainder of the 60 month period, that is, until such time as 60 monthly payments have been made to the employee and his or her beneficary. The monthly amount payable to the beneficiary shall be equal to the monthly amount of pension which the employee was receiving prior to his or her death.

Every employee shall designate the beneficiary who shall receive the benefit, if any, which is payable upon his or her death under this Section 7.3. An employee may change or revoke

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his or her designation of beneficiary at any time and from time to time. The designation of a beneficiary, and any change or revocation thereof, shall be made in writing on forms approved by the committee. An employee may also designate a contingent beneficiary to receive benefits under this section in the event the primary beneficiary's death occurs before all payments under this Section 7.3 have been made. If an employee fails to designate a beneficiary, or if no designated beneficiary survives the employee, or if all designated beneficiaries die before all payments required by this Section 7.3 have been made, the remaining payments shall be paid in accordance with the following order of precedence:

(a) to the employee's surviving spouse; or, if there be none surviving,

(b) to the employee's surviving children (in equal shares); or, if there be none surviving,

(c) to the employee's surviving parents (in equal shares); or, if there be none surviving,

(d) to the employee's estate.

Sec. 7.4. Cost of living adjustment.

Beginning sixty (60) days immediately following the effective date of this ordinance and each January 1 thereafter, all retired employees and beneficiaries thereof eligible to receive a monthly retirement payment shall receive an annual cost of living adjustment increase of 1.5% of their monthly retirement benefit, except that no such increase shall be effective as to any year for which such increase is disapproved by the governing body of the City of Macon, based on the financial soundness of the plan. The monthly retirement payment shall be adjusted by multiplying the amount of the monthly payment by 1.5%.

Sec. 7.5. Refund of employee contributions.

In no event will the total amount paid to or on account of an employee under Articles V and VII of the plan be less than the amount he or she has contributed to the pension fund, if any.

Upon the termination of an employee who is not eligible for any benefit under the plan, such employee shall receive a refund of his at her employee contributions, if any said contributions were made by employee. Any employee entitled to a deferred termination benefit, as defined under Section 7.1, shall not ordinarily receive a refund of employee contributions, if any such contributions have been made. However, should any employee entitled to a deferred termination benefit request a refund of his or her employee contributions, if any, then said employee shall sign a Waiver of Deferred Termination Benefit before such refund is granted and shall have no other remaining rights or interest in the plan.

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ARTICLE VIII. ADMINISTRATION

Sec. 8.1. Appointment, composition and terms.

The Plan shall be administered by a retirement committee who shall be appointed by the mayor and confirmed by the Macon-Bibb County Commission. All usual and reasonable expenses of the committee may be paid by the Employer. The members of the committee shall not receive compensation with respect to services rendered as committee members.

The committee shall be comprised of seven (7) members as listed below. The individual members of the committee serving immediately prior to January 1, 2014, shall continue to serve for the respective terms of their post as determined prior to January 1, 2014, unless said appointee ceases to meet the eligibility requirement set out for the Post, in which case such appointee shall serve until a successor has been selected and qualified.

Post 1, Post 2, and Post 3 shall be filled by employees of the Employer who are participants in the Plan. Post 4 and Post 5 shall be filled by two (2) Macon-Bibb County Commissioners. Post 6 shall be filled by a retired participant in the Plan. Post 7 shall be filled by a citizen of Macon-Bibb County who is knowledgeable in investment finance.

Appointments to the committee shall be made for terms of four (4) years, or until a successor is appointed and qualified, or said member ceases to meet the eligibility requirements for his or her post. Qualified members shall be eligible for reappointment. Provided, however, that no member who has served three (3) full terms shall be eligible for reappointment until a minimum of three (3) years has elapsed. Appointments made to fill vacancies occurring during a term shall be made for the unexpired portion of the term. Filling more than one half of an unexpired term shall constitute a full term.
All members of the committee shall serve at the pleasures the Employer and may be removed by the mayor prior to the expiration of their respective terms with approval of a majority vote of Commissioners.

Sec. 8.2. Committee powers and duties.

The committee shall have such powers as may be necessary to discharge its duties hereunder, including, but not by way of limitation, the following powers and duties:

(a) to construe and interpret the plan, decide all questions of eligibility and determine the amount, manner and time of payment of any benefits hereunder;

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(b) to prescribe procedures to be followed by employees in filing applications for benefits;

(c) to make a determination as to the right of any person to a benefit and to afford any person dissatisfied with such determination the right to a hearing thereon;

(d) to receive from the employer and from employees such information as shall be necessary for the proper administration of the plan;

(e) to prepare and distribute, in such manner as the committee determines to be appropriate, information explaining the plan;

(f) to furnish the employer, upon request, such annual reports with respect to the administration of the plan as are reasonable and appropriate;

(g) to receive and review the annual evaluation of the plan made by the actuary;

(h) to receive and review reports of the financial condition and of the receipts and disbursements of the pension fund;

(i) to appoint or employ an administrator for the plan and any other agents it deems advisable, including an actuarial and legal counsel.

The committee shall have no power to add to, subtract from, or modify any of the terms of the plan, nor to change or add to any benefits provided by the plan, nor to waive or fail to apply any requirement of eligibility for a pension under the plan.

Sec. 8.3. Rules and decisions.

The retirement committee may adopt such rules and actuarial tables as it deems necessary or desirable. All rules and decisions of the committee shall be uniformly and consistently applied to all employees in similar circumstances.

Any rule or decision which is not inconsistent with the provisions of the plan shall be conclusive and binding upon all persons affected by it and there shall be no appeal from any ruling by the committee which is within its authority.

When making a determination or calculation, the committee shall be entitled to reply upon information furnished by the employer, the legal counsel of the employer, or the actuary for the plan.

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Sec. 8.4. Selection of Agents.

(a) Pursuant to sub-section (i) of Sec. 8.2 above which authorizes the retirement committee to appoint agents to perform duties on the retirement committee's behalf, the board shall be required to enter into a written agreement with any agents selected to perform duties on the retirement committee's behalf. The retirement committee is hereby authorized to enter into and to sign a written agreement with an agent, without the approval of the city, provided that the agent certifies to the retirement committee in the written agreement that the agent does not reasonably expect the cost of its services to exceed Twenty Thousand Dollars ($20,000.00).

(b) An agreement with an agent whose services are reasonably expected to exceed Twenty Thousand Dollars ($20,000.00) or the continued engagement of any agent whose cost of services for the previous twelve months have exceeded Twenty Thousand Dollars ($20,000,00) without the approval of the city shall require the consent of the city by adoption of a resolution of mayor and council. As a condition of seeking approval from the city, the retirement committee shall demonstrate to mayor and council that it has made a competitive selection based upon relevant criteria established and published as part of the selection process.

(c) Any written agreement entered into by the retirement committee on or after November 1, 2012, which does not comply with the requirements of this section as set forth above shall be null and void.

Sec. 8.5. Committee procedures.

The committee shall adopt such bylaws as it deems desirable. The committee shall elect one of its members as chairman, one of its members as vice chairman, and one of its members as committee secretary. The secretary of the committee shall keep a record of all meetings and forward all necessary communications to the actuary. The secretary shall perform any other duties as may be prescribed by the bylaws. The committee may also select a recording secretary who may not be a member of the committee and who shall perform duties as prescribed by the bylaws.

Sec. 8.6. Authorization of benefit payments.

The committee shall issue directions concerning all benefits which are to be paid from the pension fund pursuant to the provisions of the plan. The committee shall keep on file, in such manner as it may deem convenient or proper, all reports of the pension fund.

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ARTICLE IX. MISCELLANEOUS

Sec. 9.1. Reemployment of former employees.

If an employee's employment is terminated prior to becoming eligible for a pension and the employee is subsequently reemployed by the employer, the employee shall not receive any credit for his or her previous period of employment. Such an employee shall be treated in the same manner as a person who was not previously in the employer's employ. In no event shall the plan, in its operation, allow for any duplication of benefits.

Sec. 9.2. Reemployment of retired employees.

If a retired employee is reemployed by the employer, no pension payments shall be made during the period of such reemployment. Upon the subsequent termination of employment by such an employee, the employee shall be entitled to receive a pension based on his or her service and compensation prior to the date of his or her previous retirement, as well as his or her service and compensation during the period of his or her reemployment. In the case of reemployment of a retired employee who received any pension payments prior to his or her reemployment, the pension payable upon his or her subsequent retirement shall be reduced by the actuarial equivalent of any pension payments he or she previously received. Provided, however, a retired employee who is receiving pension payments and is reemployed by the Employer on or after January 1, 2014, shall not be eligible to accrue any future benefits under this Plan after such reemployment.

Sec. 9.3. Nonalienation of benefits.

Except with respect to any indebtedness owing to the employer, the Macon Firemen's Credit Union, the Macon Police Credit Union, Macon Transit Employees' Federal Credit Union, or the City Employees' Credit Union, benefits payable under this plan shall not be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, charge, garnishment, execution, or levy of any kind, either voluntary or involuntary, including any such liability which is for alimony or other payments for the support of a spouse or former spouse, or for any other relative of the employee, prior to actually being received by the person entitled to the benefit under the terms of the plan, and any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber, charge or otherwise dispose of any right to benefits payable hereunder, shall be void. The pension fund shall not in any manner be liable for, or subject to, the debts, contracts, liabilities, engagements of torts of any person entitled to benefits hereunder.

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Sec. 9.4. Military Service.

Notwithstanding any provision of this plan to the contrary, contributions, benefits, and service credit with respect to qualified military service will be provided in accordance with Section 414(u) of the Internal Revenue Code. In the case of a death or disability occurring on or after January 1, 2007, if a Participant dies while performing qualified military service (as defined in Section 414(u) of the Code), the survivors of the Participant are entitled to any additional benefits (other than benefit accruals relating to the period of qualified military service) provided under the Plan as if the Participant had resumed and then terminated employment on account of death. For years beginning after December 31, 2008, (a) an individual receiving a differential wage payment, as defined by Section 3401(h)(2) of the Internal Revenue Code, shall be treated as an employee of the Employer making the payment, (b) the differential wage payment shall be treated as Compensation, and (c) the Plan shall not be treated as failing to meet the requirements of any provision described in Section 414(u)(1)(C) of the Internal Revenue Code by reason of any contribution or benefit which is based on the differential wage payment.

Sec. 9.5. Forfeiture of Benefits.

Notwithstanding any other provision of the Plan to the contrary, a Participant's entire Accrued Benefit under the Plan shall be forfeited in the manner and to the extent provided under O.C.G.A. 47-1-21 through 47-1-24, if a Participant is convicted of a public employment, drug related, or other covered crime.

Sec. 9.6. Benefits Supported only by Trust Fund.

Any person having any claim under the Plan will look solely to the assets of the Pension Fund for satisfaction. In no event will the city or any of its officials, members of its commission or agents, be liable in their individual capacities to any person whomsoever under the provisions of the Plan. Upon complete or partial termination of the Plan, the rights of all affected employees to benefits accrued as of the date of such termination shall become nonforfeitable to the extent the system is then funded.

Sec. 9.7. Exclusive Benefit and Governmental Plan Status.

The Plan and trust will be maintained and administered for the exclusive benefit of participants and their beneficiaries. The Plan is intended to satisfy the requirements of Section 401(a) of the Internal Revenue Code by meeting the requirements of Section 414(d) of the Internal Revenue Code.

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ARTICLE X. SPECIAL DISTRIBUTION RULES

Sec. 10.1. Required Minimum Distribution Rules.

Notwithstanding anything contained herein to the contrary, the Committee shall direct that payment of a member's Pension commence by the first day of April in the calendar year following the later of (a) the calendar year in which the member attains age seventy and one-half (70-1/2), or (b) the calendar year in which the member retires. The foregoing requirement shall be administered by the Committee in accordance with a reasonable and good faith interpretation of Section 401(a)(9) of the Internal Revenue Code pursuant to Treas. Reg. Section 1.401(a)(9)-1, A-2(d).

Sec. 10.2. Limitation on Benefits.

The annual benefit payable under this system to an employee at any time shall not exceed the maximum permissible amount. "Maximum permissible amount" shall mean $160,000.00, as adjusted by the Secretary of the Treasury for each calendar year under Section 415(d) of the Internal Revenue Code, with the new limitation to apply to limitation years ending within the calendar year of the date of the adjustment. The limitations, adjustments, and other requirements set forth in this Article X shall comply with the provisions of Section 415 of the Internal Revenue Code (specifically including any special rules under Sections 415(b)(2)(G) and 415(b)(11) of the Internal Revenue Code) and the final regulations promulgated thereunder, the terms of which are specifically incorporated herein by reference for Limitation Years beginning on or after July 1, 2007, except where an earlier effective date is otherwise provided in the final regulations or in this Article X. The application of the provisions of this Article X shall not cause the maximum permissible amount for any employee to be less than the employee's accrued benefit under all the defined benefit plans of the employer or a predecessor employer as of the end of the last limitation year beginning before July 1, 2007, under provisions of the plans that were both adopted and in effect before April 5, 2007 (provided such provisions were both adopted and in effect before April 5, 2007, and satisfied the applicable requirements of statutory provisions, regulations, and other published guidance relating to Section 415 of the Internal Revenue Code in effect as of the end of the last limitation year beginning before July 1, 2007).

ARTICLE XI. EARLY REITREMENT EINCENTIVE

11.1 Early Retirement Incentive Program

An enhanced early retirement benefit shall be made available to certain employees participating in this Plan on a one-time basis, in accordance with and subject to the following

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requirements, and shall be referred to herein as the Early Retirement Incentive Program or "ERIP".

An employee participating in this Plan is eligible to elect to participate in the ERIP and receive a normal pension, if, assuming the employee worked through December 31, 2015, he or she attained age fifty-eight (58) and earned at least three (3) years of service on or before December 31, 2015. An employee is eligible to elect to participate in the ERIP and receive an early pension if, assuming the Participant worked through December 31, 2015, he or she attained age fifty-three (53) and earned at least three (3) years of service. Terminated employees and elected employees are not eligible to elect to participate in the ERIP.

Subject to the applicable limitations of Code Section 415, the enhanced early retirement incentive benefit payable to an employee who elects to participate in the ERIP shall be computed by substituting a multiplier of two percent (2.0%) for benefits determined under Section 5.1 and 5.2, and assuming the employee worked for the employer until December 31, 2015. Therefore, the pension benefit shall be based upon the employee's service and his average compensation as of December 31, 2015, times 2.0%; provided, however the early pension shall be subject to the reductions as provided in Section 5.2 of the Plan.

A supplemental benefit will be paid from the Plan to an employee who elects to participate in the ERIP equal to $200 per month for the life of the employee.

Any employee, who satisfies the eligibility requirements of the ERIP in Section (a) above, may elect to terminate employment, retire and receive the enhanced early retirement benefit described in this Section by submitting the required forms to the designated individual no later than 5:00 p.m. on July 31, 2015. An employee may not make an election to retire under the ERIP after he or she has terminated employment with the Employer.

Any employee electing to retire early under the ERIP may revoke his or her election by providing written notice of the revocation to the designated individual within seven (7) days after he or she submitted the election form (the revocation period). If the employee does not revoke his or her election within the 7-day revocation period, the election to terminate employment, retire and receive an enhanced retirement benefit pursuant to the ERIP shall become irrevocable when the revocation period ends.

Employees who irrevocably elect to participate in the ERIP shall be required to retire no later than September 30, 2015. Benefits for an employee who elects to participate in the ERIP shall commence on the first day of the month following his or her termination of employment and shall be paid on the first day of each succeeding month thereafter for as long as the employee remains eligible to receive such benefits. If the employee dies before

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commencement of benefits under this ERIP, the employee's election to participate in the ERIP shall be null and void, notwithstanding any provisions herein to the contrary.

The election to retire and receive enhanced early retirement benefits pursuant to the ERIP shall be completely voluntary.

The rights and obligations under the Plan with respect to employees whose employment with the Employer is terminated for any reason whatsoever prior to the effective date of this Plan Amendment shall be governed by the Plan as it existed and was in effect at the time of such termination.

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 THAT SHE IS THE CLASSIFIED/LEGAL MANAGER FOR THE MACON TELEGRAPH OR TRAVIS KNIGHT, WHO DEPOSES AND SAYS HE IS THE DIGITAL DIRECTOR OF ADVERTISING FOR THE MACON TELEGRAPH, AND ARE ALL AUTHORIZED BY THE PUBLISHER THEREOF TO MAKE THIS AFFIDAVIT, AND THAT ADVERTISEMENT AS PER ATTACHED CLIPPING HAS BEEN PUBLISHED IN THE MACON TELEGRAPH ON THE FOLLOWING DATES: 12/5, 12, 14

SIGNED s/ DIANNE BUCK

SWORN TO AND SUBSCRIBED BEFORE ME THIS 21st Day of December, 2015

s/ ANGEL WILFONG [SEAL]

GEORGIA, BIBB COUNTY PUBLIC NOTICE Macon-Bibb County proposes amendment its Charter so as to include Division A of the Macon-Bibb County Pensions and Retirement System (the "Plan") as Appendix II and so as to adopt a

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restatement of the Plan incorporating prior amendments for filing with the Internal Revenue Service for a determination letter. 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.

Filed in the Office of the Secretary of State December 22, 2015. __________

MACON - BIBB COUNTY ) MACON FIRE AND POLICE DEPARTMENT EMPLOYEES' RETIREMENT SYSTEM;
INCORPORATE INTO CHARTER.

SPONSOR- MAYOR ROBERT A.B. REICHERT

AN ORDINANCE OF THE MACON-BIBB COUNTY COMMISSION TO ADOPT A RESTATEMENT OF THE MACON FIRE AND POLICE DEPARTMENT EMPLOYEES' RETIREMENT SYSTEM (GA. L. 1969, P. 2801, AS AMENDED), [HEREINAFTER THE "PLAN"], SO AS TO INCORPORATE PRIOR AMENDMENTS AND FOR FILING WITH THE INTERNAL REVENUE SERVICE FOR A DETERMINATION LETTER; TO INCLUDE THE PLAN AS APPENDIX III TO THE CHARTER OF MACON-BIBB COUNTY SO AS TO PROVIDE FOR CODIFICTION OF THE PLAN; AND FOR OTHER PURPOSES.

WHEREAS, Georgia law specifically allows local municipalities to amend the provisions of their charters relating to public retirement systems pursuant to authority granted under the Georgia Public Retirement Systems Standards Act, O.C.G.A. Sec. 47-20-1 et seq., and the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq., as amended; O.C.GA. Sec. 36-35-1 et seq.); and

WHEREAS, the Macon-Bibb County Commission must adopt a restatement of the Plan so as to incorporate prior amendments and for filing with the Internal Revenue Service for a determination letter; and

WHEREAS, the Macon-Bibb County Commission also finds that it is in the best interest of Macon-Bibb County to include the Plan as Appendix III to the Charter of Macon-Bibb County, (Ga. L. 2012, p. 5595, as amended), so as to provide for codification of the Plan;

NOW, THEREFORE, BE IT ORDAINED, by the Macon-Bibb County Commission and it is hereby so ordained by the authority of the same:

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Section 1. Articles I thru X of the Plan are hereby amended pursuant to authority granted Macon-Bibb County under the Georgia Public Retirement Systems Standards Act, O.C.G.A. Sec. 47-20-1 et seq., and the Municipal Home Rule Act of 1965, (Ga. L. 1965, p. 298, et seq., as amended; O.C.GA. Sec. 36-35-1 et seq.), by deleting Articles I thru X in their entirety and inserting in their place the revised Articles I thru X in substantially the same form as Exhibit "A" attached hereto and incorporated herein by reference.

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.), Section 25 of the Charter of Macon-Bibb County, (Ga. L. 2012, p. 5595, as amended), shall be amended by adding a new subsection (e) to read as follows: (e) The provisions of the Macon Fire and Police Department Employees' Retirement System, (Ga. L. 1969, p. 2801, as amended and restated), are incorporated herein and made a part hereof as Appendix III to this charter.

Section 3. 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.), the Charter of Macon-Bibb County, (Ga. L. 2012, p. 5595, as amended), shall be amended to include the revised Articles I thru X, (attached hereto as Exhibit "A" and incorporated herein by reference), as Appendix III to the Charter.

Section 4. In accordance with Sec. 1-4(c) of the Code of Ordinances of Macon-Bibb County, Georgia, it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of Ordinances of Macon-Bibb County, Georgia, and the sections of this Ordinance may be renumbered to accomplish such intention.

Section 5 The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared illegal by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.

Section 6. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed.

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Section 7. This Ordinance shall become effective immediately upon its approval by the Mayor or upon its adoption into law without such approval.

FIRST PASSAGE OF CHARTER AMENDMENT SO ORDAINED this 1st day of December, 2015.

s/ ROBERT A.B. REICHERT ROBERT A.B. REICHERT, MAYOR

ATTEST: s/ JANICE S. ROSS JANICE ROSS, CLERK OF COMMISSION

SECOND PASSAGE OF CHARTER AMENDMENT SO ORDAINED this 15 day of December, 2015.

s/ ROBERT A.B. REICHERT ROBERT A.B. REICHERT, MAYOR

ATTEST: s/ JANICE S. ROSS JANICE ROSS, CLERK OF COMMISSION

EXHIBIT "A"

CHARTER APPENDIX III. MACON FIRE AND POLICE EMPLOYEES RETIREMENT SYSTEM

Editor's note Printed in this appendix is 1969 Ga. Laws (Act No. 304), page 2801 as amended.

State Law reference Public retirement systems standards law, O.C.G.A. 47-20-1 et seq.

ARTICLE I. - DEFINITIONS

As used in this section [chapter], the following words shall have the meaning as set forth below unless as otherwise required by the context:

(1) 'System' shall mean the Macon Fire & Police Department Employees' Retirement System as provided herein.

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(2) 'Effective date' ) July 1, 1969. The effective date of this amended and restated system document shall be July 1, 2015, except as otherwise indicated. The retirement benefits under the system as of the effective date of this amendment and restatement shall not be reduced as a result of the changes made by the amendment and restatement.

(3) 'City' shall mean the City of Macon, Georgia.

Effective January 1, 2014, the term "City" shall mean "Macon-Bibb County" with respect to those employees of Macon-Bibb County who are eligible to continue to participate in the Plan in accordance with Section 3 of Article II.

(4) 'Board' shall mean the Retirement Board of Trustees provided for in Article VIII of this section [chapter].

(5) 'Basic compensation' shall mean actual monthly compensation paid during any month to an employee exclusive of reimbursed expenses, overtime, and all other unusual compensation except that worker's compensation benefits (not including medical expense reimbursement benefits or any lump sum payments) paid in lieu of salary in accordance with Ga. Code Section 114-404 [O.C.G.A. 34-9-261] to an employee shall be basic compensation up until the employee's retirement date;

(6) 'Average compensation' shall mean the annual average of basic compensation paid by the city to an employee based on the three calendar years of service, whether consecutive or nonconsecutive, which yields the highest average prior to his or her retirement.

Except with respect to Qualified Employees (as defined below), for calendar years beginning on and after January 1, 1996, the compensation taken into account during a calendar year in calculating an employee's benefit under this system shall not exceed the limitations of section 401(a)(17) of the Code in effect as of the beginning of the calendar year (e.g., $150,000.00 in 1996, $200,000.00 in 2002).

The limit described in the previous paragraph shall not apply to any Qualified Employee. A 'Qualified Employee' is any employee who first became an employee In the system before January 1, 1996.

(7) 'Fund' shall mean the medium to which employee contributions and city contributions made under the terms of the system are accumulated and out of which all benefits under the terms of the system are paid.

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(8) 'Employee' shall mean all full-time permanent firefighters and police officers employed by the City prior to January 1, 2014.

(9) 'Service' shall mean all years and completed months (expressed as a fraction of a year, but six or more months shall be considered as a full year) of employment, whether continuous or not, of an employee of the city, excluding any period of employment during which the employee was on authorized leave of absence without pay for more than 30 days.

Effective January 1, 2014, service shall include all years and complete months of employment with Macon-Bibb County while a member of this Plan, excluding any period of employment during which the employee is on authorized leave of absence without pay for more than 30 days.

(10) 'City contributions' shall mean payments by the city to the system as determined by the actuary as necessary to maintain an actuarially sound system.

(11) 'Employee contributions' shall mean payments deducted from the basic compensation of an employee and credited to his or her individual account in the system.

(12) 'Accumulated contributions' shall mean with respect to any employee, the aggregate of his or her employee contributions.

(13) 'Actuarial equivalent' shall mean the condition of equilibrium which exists between two or more benefits of different incidence of payment valued at the same point in time and under the same actuarial assumptions. For this purpose, 'actuarial equivalence' for annuity forms of payment will be based on a 7% interest per annum and, for periods prior to July 1, 2013, a 50%/50% blend of the male and females rates set forth in the RP-2000 Mortality Table for annuitants and, for periods on and after July 1, 2013, the 'applicable mortality table' promulgated under section 417(e)(3) of the Code in effect at such time.

(14) 'Individual account' shall mean the detailed records kept of the amount of employee contributions credited or charged to each employee under the system in accordance with the terms of the system.

(15) 'Beneficiary' shall mean the person or persons entitled to receive any benefits at the death of the employee and who has been designated by the employee by written notice to the board. If no person or persons so designated are living at the time of the death of the employee, the beneficiary shall be the estate of the employee.

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(16) 'Prior system' shall mean the retirement system for police and fire department employees in effect prior to the enactment of the system.

(17) 'Widow', where used, shall mean surviving spouse.

(18) 'Code' shall mean the Internal Revenue Code of 1986, as amended.

(19) 'Spouse or Surviving Spouse' means the person to whom the Participant is legally married. 'Spouse' and 'surviving spouse' shall not include domestic partners or other similar relationships that are not denominated as marriage.

ARTICLE II. ELIGIBILITY AND MEMBERSHIP

(1) Eligibility.

Each employee shall be eligible to participate in the system on the first day of the month coinciding with or next following the date of his or her employment.

No employee hired or rehired on or after January 1, 2014, shall be eligible to participate in the Plan.

(2) Membership.

Each employee who becomes a member or a prior system member on the effective date of this system, and each new member after the effective date, shall make application for membership in the system. Such application shall include designation of beneficiaries to receive any death benefits paid in accordance with the system.

Such application shall also include the employee's acceptance of the terms and conditions of the system and the fund.

Once an employee has become a member, he or she shall continue to be a member as long as he or she continues to be an employee and thereafter as long as he or she retains any rights to benefits under the system.

Participation in the system will not give any employee the right to be retained in the employ of the city nor upon dismissal to have any rights or interest in the system other than as herein provided.

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(3) Continued participation by certain employees of Macon-Bibb County.

(a) Each employee whose employment is transferred from the City of Macon or Bibb County, Georgia, effective as of January 1, 2014, in connection with the restructured government pursuant to an act of the Georgia General Assembly, and who was participating in the Plan on December 31, 2013, shall continue to participate in the Plan after his or her employment is transferred to Macon-Bibb County. Such employees' Average Monthly Compensation and years of Service shall include his or her Compensation and Service with Macon-Bibb County on and after January 1, 2014, and he or she shall not be deemed to have retired or otherwise separated from service for purposes of the Plan until such time as he or she retires or separates from service from Macon-Bibb County. Such employee's Pension shall be calculated in accordance with the Pension formula and other terms and conditions of the Plan as in effect on December 31, 2013, except to the extent required by applicable law.

(b) In no event shall any eligible employee accrue benefits under this Plan for periods of service performed for Bibb County, Georgia, the City of Macon, Georgia, or Macon-Bibb County, if such service is taken into account for the purposes of benefit accrual under another qualified defined benefit plan sponsored by Bibb County, Georgia, the City of Macon, Georgia, or Macon-Bibb County.

ARTICLE III. RETIREMENT DATES

(1) Normal retirement date.

The normal retirement of an employee shall be the first day of the month coinciding with or next following the date which is twenty-five (25) years from the date the employee became a member of the system and the attainment of age fifty (50), whichever is later. A participant shall become fully vested upon attaining his or her normal retirement date.

Any employee may retire from the employment of the city on his or her normal retirement date, except as otherwise provided in subsections (2) and (3) of this Article III.

(2) Delayed retirement date.

An employee may choose to remain in the active employ of the city beyond his or her normal retirement date for an extended period or periods provided he or she demonstrates his or her ability to perform the functions of the job adequately. The employee may retire from the city on the first day of any month during such extended period and such date shall be the delayed retirement date of the employee. All employees working beyond the normal retirement date shall provide the city a minimum of sixty (60) days' notice of intent to retire

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from employment. An employee shall retire from the employment of the city on the first day of the month coinciding with or next following the attainment of age seventy (70).

(3) Early retirement date.

An employee may retire from the employment of the city on the first day of any month prior to his or her normal retirement date, provided the employee has completed twenty-five (25) years of service. Such date of retirement shall be the early retirement date of the employee.

The early retirement date for the purpose of a deferred benefit under Article V, Section (3) shall be the first day of the month coinciding with or next following the date which is twentyfive (25) years from the date the employee became a member of the system.

(4) Disability retirement date.

(a) In Line of Duty. An employee who becomes totally and permanently disabled, as hereinafter defined, from causes arising out of and in the course of his or her employment, shall be retired on the first day of the month next following the date upon which the board makes a determination that the employee is permanently and totally disabled, or upon the day the board makes such determination if made on the first day of a month.

(b) Not In Line of Duty. An employee who becomes totally and permanently disabled from causes not arising out of and In the course of his or her employment, but after the completion of fifteen (15) years of service, shall be retired on the first day of the month next following the date upon which the board makes a determination that the employee is permanently and totally disabled or upon the day the board makes such determination if made on the first day of a month. Should an employee become disabled prior to completion of five (5) years of service, except as provided in (a) above, the employee shall receive only a refund of his or her accumulated contributions, if he or she has made such contributions.

(c) Determination of Total and Permanent Disability. An employee shall be considered totally disabled if, in the opinion of the board, relying on the advice of a licensed physician or physicians, he or she is wholly prevented by his or her physical and mental condition from discharging his or her usual duties in an efficient manner. An employee shall be considered permanently disabled if, in the opinion of the board, relying on the advice of a licensed physician or physicians, such employee is likely to remain so disabled continuously and permanently from a cause other than specified in Section (4)(d)

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below. The decision of the board on these questions shall be final and binding and shall not be appealed.

The board may require an employee, applying for retirement on the basis of total and permanent disability, whether in the line of duty or not, to undergo a medical examination by a physician or physicians designated by the board, the expense thereof to be borne by the board. Should any such employee refuse to submit to such medical examination or examinations, he or she shall not be granted any retirement benefits during the continuance of such refusal.

The board shall consider heart and respiratory diseases as a cause of total disability in the line of duty in the case of an employee, relying on the advice of a licensed physician, or physicians, if the employee is wholly prevented by such disease, or diseases, from discharging his or her usual duties in an efficient manner, but no employee shall be entitled to disability benefits as a result of disability from heart disease or respiratory disease unless such employee shall have served at least five consecutive years as an employee immediately preceding the date of disability.

(d) An employee shall not be entitled to receive any disability retirement income if the disability is a result of the following:

(1) Injury or disease sustained by the employee while willfully and illegally participating in acts of violence, riots, civil insurrections or while committing a felony;
(2) Injury or disease sustained by the employee while serving in any armed forces of any country;
(3) Injury or disease sustained by the employee after his or her employment has terminated; (4) Injury or disease sustained by the employee while working for anyone other than the
city and arising out of such employment; or (5) Intentional, self-inflicted injury.

(e) Termination of Disability Retirement Benefit. Once each year the board may require any employee receiving a disability benefit who has not reached his or her normal retirement date to undergo a medical examination by a physician or physicians designated by the board. If it appears from such medical examination that the disability of an employee who has not reached his or her normal retirement date has ceased, his or her disability benefit shall be discontinued by the board. Should any such employee refuse to submit to such medical examination and should he or she fail to undergo such medical examination for a year, all his or her rights in and to his or her disability benefit shall cease.

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If the disability retirement benefit of an employee is discontinued prior to the normal retirement date of the employee because the disability of the employee has ceased and if such employee is reemployed by the city within six months following the date such disability ceases, then automatically after such reemployment the employee shall accumulate benefits as an employee and any benefits to which the employee thereafter may become entitled under any of the provisions of the system will be subject to the provision that average compensation during such period of disability shall be considered as being at the same rate as was in effect on the date the participant became totally and permanently disabled.

ARTICLE IV. RETIREMENT BENEFITS

(1) Normal retirement benefit.

An employee shall, upon retirement on his or her normal retirement date, receive a monthly retirement benefit equal to one-twelfth (1/12) of fifty (50) percent of his or her average compensation. An employee with more than twenty-five (25) years of service shall have included in the computation of his or her normal retirement benefit an additional two percent (2%) of average compensation for each year of service in excess of twenty-five (25) years; provided, however, that the total amount of average compensation to be considered shall not exceed seventy percent (70%). The first of said monthly retirement payments shall be made on his or her normal retirement date and subsequent such payments shall be made on his or her normal retirement date and subsequent such payments shall be made on the first day of each calendar month thereafter during the employee's lifetime. The minimum normal retirement benefit to be paid under this section [article] shall be five hundred dollars ($500.00) per month.

(2) Delayed retirement benefit.

An employee shall, upon retirement on his or her delayed retirement date, receive a monthly retirement benefit, the amount of which shall be computed in the same manner as for his or her normal retirement benefit, based on average compensation as of his or her delayed retirement date. The first of said monthly retirement payments shall be made on his or her delayed retirement date and subsequent such payments shall be made on the first day of each calendar month thereafter during the employee's lifetime.

The monthly delayed retirement benefit to be paid under this section [article] shall be $500.00 per month.

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(3) Early retirement benefit.

An employee shall, upon retirement on his or her early retirement date, receive a monthly retirement benefit, the amount of which shall be computed in the same manner as for his or her normal retirement benefit, based on average compensation as of his or her early retirement date, except that such amount shall be reduced by five twenty-fourths of one percent for each month by which the early retirement date precedes the normal retirement date. The first of said monthly retirement payments shall be made on his or her early retirement date and subsequent such payments shall be made on the first day of each calendar month thereafter during the employee's lifetime.

(4) Disability retirement benefit.

(a) In Line of Duty. An employee, upon retirement on his or her disability retirement date, as defined in Article 111(4)(a), shell receive a monthly retirement benefit which shall commence on the employee's disability retirement date and shall be continued on the first day of each month thereafter during the lifetime and continued disability of the employee. The amount of such immediate monthly benefit shall be determined in the same manner as for a normal retirement benefit, except that average compensation shall be computed as of the disability retirement date of the employee.

(b) Not in Line of Duty. An employee, upon retirement on his or her disability retirement date, as provided in Article III(4)(b), shall receive an immediate monthly retirement benefit which shall commence on the employee's disability retirement date and shall be payable on the first day of each month thereafter during the lifetime and the continued disability of the employee. The amount of such immediate monthly benefit shall be determined in the same manner as for a normal retirement benefit except that average compensation shall be determined as of the employee's disability retirement date, but reduced in accordance with his or her length of service as set forth in the following schedule:
15 years actual service 40% of benefit
16 years actual service 45% of benefit
17 years actual service 50% of benefit
18 years actual service 55% of benefit
19 years actual service 65% of benefit
20 - 25 years actual service 65% of benefit

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If an employee has less than five (5) years of service, he or she shall receive a refund of his or her accumulated contributions, if he or she has made such contributions.

(5) Reduction of benefits by workers' compensation benefits.

Notwithstanding anything to the contrary, with respect to any employee whose employment with the City terminates after October 1, 1995, the following monthly benefits shall be reduced:

(1) The monthly benefit otherwise payable to the employee for any calendar month under any of the following sections of this Plan:

(i) Normal Retirement Benefit under Section (1) of Article IV.

(ii) Delayed Retirement Benefit under Section (2) of Article IV.

(iii) Early Retirement Benefit under Section (3) of Article IV.

(iv) Disability Retirement Benefit under Section (4) of Article IV.

(v) Termination under Section (3) of Article V.

shall be reduced by the amount of the monthly Workers' Compensation Benefit (not including Medical Expense Reimbursement Benefits or Lump Sum Benefits) otherwise paid to the employee by the City or third party on behalf of the City for any such calendar month.

(2) The monthly benefit otherwise payable to the surviving spouse of any such employee for any calendar month under Section (1) or (2) shall be reduced by the amount of the monthly Workers' Compensation Benefit (not including Medical Expense Reimbursement Benefits or Lump Sum Benefits) otherwise paid to the surviving spouse of such employee by the City for any such calendar month. In the event of the employee's death, the monthly benefit otherwise payable to a minor child of any such employee for any calendar month under Section (1) or (2) shall be reduced by the amount of the Workers' Compensation Benefit (not including Medical Expense Reimbursement Benefits or Lump Sum Benefits) otherwise paid to said minor child of such employee by the City, for any such calendar month. In the event of the employee's death, the monthly benefit otherwise payable to any other beneficiary of any such employee for any calendar month under Section (1) or (2) shall be reduced by the amount of the monthly Workers' Compensation Benefit (not including Medical Expense Reimbursement Benefits or Lump Sum Benefits) otherwise paid to such beneficiary of

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such employee by the City or any third party on behalf of the City for any such calendar month.

(6) Cost of living adjustment.

Beginning May 12, 2003 and each January 1 thereafter, all retired employees and beneficiaries thereof eligible to receive a monthly retirement payment shall receive an annual cost of living adjustment increase of 1.5% of their monthly retirement benefit, except that no such increase shall be effective as to any year for which such increase is disapproved by the governing body of the City of Macon, based on financial soundness of the plan. The monthly retirement payment shall be adjusted by multiplying the amount of the monthly payment by 1.5%. This ordinance shall also apply to all employees who retired prior to May 12, 2003.

(7) Supplemental benefit.

A supplemental benefit of $100.00 per month shall be paid to current and future retirees (but not including spouses or other beneficiaries) with twenty-five (25) years of full time service credit with the City of Macon or who become eligible for disability retirement except that no such supplemental benefit shall be effective as to any year for which such supplemental benefit is disapproved by the governing body of the City of Macon, based on the financial soundness of the plan.

ARTICLE IV-A. OPTIONAL RETIREMENT BENEFITS

(1) Joint and survivor option.

By filing an application with the Board, any employee may designate his or her spouse (or any dependent approved by the Board) as his or her contingent pensioner and elect to receive a pension payable in accordance with one of the following options, in lieu of the pension to which he or she may otherwise become entitled upon retirement.

(a) Option 1: The employee shall receive an actuarial equivalent pension payable for life, and payments in the amount of 662/3% of such actuarial equivalent pension shall, after the employee's death, be continued to the contingent pensioner during the latter's lifetime.

(b) Option 2: The employee shall receive an actuarial equivalent pension payable for life, and payments in the amount of 100% of such actuarial equivalent pension shall, after the employee's death, be continued to the contingent pensioner during the latter's lifetime.

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(c) Option 3: The employee may elect to receive an actuarial equivalent pension, payable for life with 120 monthly payments guaranteed. In the event the employee should die before having received 120 monthly payments, the remaining payments will be made to his or her contingent pensioner.

(2) Aggregate payments.

The aggregate of the pension payments expected to be paid to an employee and his or her contingent pensioner under any of the above options shall be the actuarial equivalent of the pension which the employee is otherwise entitled to receive upon retirement.

(3) Election of options.

An employee may elect or revoke an option prior to retirement by filing such election or revocation in writing with the Board prior to retirement. Under no circumstances may an option be changed or revoked after the employee's retirement.

(4) Death before retirement.

An election made pursuant to this section shall become inoperative in the event that:

(a) the employee's death occurs prior to actual retirement; or (b) the death of the contingent pensioner occurs before the employee's actual retirement. (c) If an employee dies after becoming eligible to retire but before applying for retirement,
and such member is survived by a spouse, the surviving spouse shall be entitled to receive a benefit as if the member had elected to receive one hundred percent (100%) of the member's benefits as provided in Art. IV-A (1)(b) Option 2, such benefits to commence on the first day of the month Immediately following the death of the employee.

(5) Direct rollovers.

Notwithstanding any provision of this system to the contrary that would otherwise limit a distributee's election under this Article IV, a distributee may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover.

For purposes of this section the following definitions shall apply:

(a) 'Eligible rollover distribution' shall mean any distribution of all or any portion of the balance to the credit of the distribution, including any portion of the distribution that is

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not includable in gross income to the extent permitted by the Code, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period often (10) years or more; and any distribution to the extent such distribution is required under section 401(a)(9) of the Code.

(b) 'Eligible retirement plan' shall mean an individual retirement account described in section 408(a) of the Code, an individual retirement annuity described in section 408(b) of the Code, an annuity plan described in section 403(a) of the Code, a qualified trust described in section 401(a) of the Code, or an individual retirement plan described in Code Section 408A (Roth IRA), that accepts the distributee's eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. For these purposes, an eligible retirement plan shall also mean an annuity contract described in section 403(b) of the Code and an eligible plan under section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and which agrees to separately account for amounts transferred into such plan from this system. The definition of eligible retirement plan shall also apply in the case of a distribution to a surviving spouse.

(c) 'Distributee' shall include an employee or former employee. In addition, the employee's or former employee's surviving spouse is a distributee with regard to the interest of the spouse. For distributions after December 31, 2000, a non-spouse beneficiary who is a "designated beneficiary" under section 401(a)(9)(E) of the Code and the regulations thereunder, may by a direct trustee-to-trustee transfer ("direct rollover"), roll over all or any portion of his or her distribution to an individual retirement account (IRA) the beneficiary establishes for purposes of receiving the distribution. In order to be able to roll over the distribution, the distribution otherwise must satisfy the definition of an "eligible rollover distribution" under section 401(a)(31) of the Code. Although a non-spouse beneficiary may roll over directly a distribution, the distribution is not subject to the direct rollover requirements of section 461(a)(31) of the Code, the notice requirements of section 402(f) of the Code or the mandatory withholding requirements of section 3405(c) of the Code. If a non-spouse beneficiary receives a distribution from the system, the distribution is not eligible for a 60-day (non- direct) rollover. If the employee's named beneficiary is a trust, the system may make a direct rollover to an IRA on behalf of the trust, provided the trust satisfies the requirements to be a "designated beneficiary within the meaning of section 401(a)(9)(E) of the Code.

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(d) 'Direct rollover' shall mean a payment by the system to the eligible retirement plan specified by the distributee.

ARTICLE V. DEATH OR TERMINATION OF EMPLOYMENT

(1) Death before retirement.

(a) In Line of Duty. If any employee shall lose his or her life or later die from injuries received while in the discharge of his or her duties, and shall leave a widow and/or child or children under the age of eighteen (18) years, and unmarried, the board shall authorize and direct payment of a monthly benefit to the widow, child or children, but only in the following amounts and on the following conditions:

(i) The widow shall receive a monthly income of fifty per cent (50%) of the normal retirement benefit the employee would otherwise have received (average compensation being based on the thirty-six (36) months immediately preceding death), plus an additional fifteen per cent (15%) for the first minor child, twenty per cent (20%) for two minor children, and twenty-five per cent (25%) for three or more minor children.

(ii) If there be no widow, one (1) unmarried child under the age of eighteen (18) years shall receive a monthly income of fifty per cent (50%) of the normal retirement benefit the employee would otherwise have received (average compensation being based on the thirty-six (36) months immediately preceding death); two children shall receive fifty-five per cent (55%) of said benefit; three or more children shall receive sixty per cent (60%) of said benefit.

(iii) If there be a surviving widow and she subsequently dies, then the child or children shall receive the benefit applicable under Article V, Section (1)(a)(ii), just as if there had been no widow at member's death.

(iv) If there be a surviving widow and she remarries, then the child or children shall receive the benefit applicable under Article V, Section (1)(a)(i).

(b) Not In Line of Duty. If an employee dies from causes not attributed to his or her active duties, providing that such employee shall have fifteen (15) or more years service prior to the date of his or her death, the board shall authorize and direct payment of a monthly benefit to the widow, child or children in the following amounts:

(i) The widow shall receive a monthly income of fifty per cent (50%) of the non-service disability retirement benefit as provided in Article IV, Section (4)(b), that the

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employee would otherwise have received (average compensation being based on the thirty-six (36) months immediately preceding death), plus an additional fifteen per cent (15%) for the first minor child, twenty per cent (20%) for two minor children, and twenty-five per cent (25%) for three or more minor children.

(ii) If there be no widow, one (1) unmarried child under the age of eighteen (18) years shall receive a monthly income of fifty per cent (50%) of the non-service disability retirement benefit as provided in Article IV, Section (4)(b) that the employee would otherwise have received (average compensation being based on the thirty-six (36) months immediately preceding death); two children shall receive fifty-five per cent (55%) of said benefit; three or more children shall receive sixty per cent (60%) of said benefit

(iii) If there be a surviving widow and she subsequently dies, then the child or children shall receive the benefit applicable under Article V, Section (1)(b)(ii), just as if there had been no widow at member's death.

(iv) If there be a surviving widow and she remarries, then the child or children shall receive the benefit applicable under Article V, Section (1)(b)(i).

If an employee dies from causes not attributed to his or her active duties, but has less than fifteen (15) years of service, the employee's accumulated contribution, If any, shall be paid to the employee's beneficiary in a lump sum.

(2) Death benefit after retirement.

If an employee dies subsequently to actual retirement, his or her widow shall receive a benefit equal to fifty (50) percent of the benefit the employee was receiving at the time of his or her death; provided, however, the minimum benefit to be paid under this section [article] shall be five hundred dollars ($500.00) per month.

(3) Termination of employment.

Upon an employee's termination of employment for any reason other than death, disability or retirement, he or she shall be entitled to a deferred monthly benefit commencing as of his or her early or normal retirement date, as defined in Article III.

The benefit shall be computed in the same manner as defined in Article IV, Section (1), considering average compensation at the date of termination. The benefit shall then be multiplied by a fraction (not greater than 1), the numerator of which shall be the employee's years of service at date of termination not to exceed twenty-five (25) years, and the

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denominator of which shall be twenty-five (25) years. In addition, the benefit, as determined above, is adjusted in accordance with the vesting percentages, as follows:

Years of Service at Date of Separation Less than 5 Years 5 years but less than 6 years 6 years but less than 7 years 7 years but less than 8 years 8 years but less than 9 years 9 years but less than 10 years 10 years but less than 11years 11years but less than 12 years 12 years but less than 13 years 13 years but less than 14 years 14 years and over

Percentage of City Paid Portion of Benefit 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

If the payment of an employee's deferred termination benefit commences as of his or her early retirement date, the benefit described in this section [article] shall be reduced by five-twelfths (5/12) of one (1) percent for each month by which the early retirement date precedes the normal retirement date.
Upon the termination of an employee who is not eligible for any benefit under the plan, such employee shall receive a refund of his or her employee contributions, if any said contributions were made by employee. Any employee entitled to a deferred termination benefit, as defined under this section [article], shall not ordinarily receive a refund of employee contributions, if any such contributions have been made. However, should any employee entitled to a deferred termination benefit request a refund of his or her employee contributions, if any, then said employee shall sign a waiver of deferred termination benefit before such refund is granted and shall have no other remaining rights or interest in the plan.

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(4) Reemployment.

Between the dates of January 1, 1977 and December 31, 1977, should a former employee who previously had participated in this system be re-employed, he or she may recoup credit for his or her past service under the system by applying and paying into the system the amount which the system had refunded to such employee upon his or her prior termination plus any administrative costs all as determined by the board. The board shall be furnished with a copy of the result of a physical examination taken by said employee. Said board shall notify applicant of the sum required to be paid into the fund and the method of payment and re-admit said employee to said system with prior service credit in said system upon payment of said sum.

(5) Recoupment of credit for prior service.

Within ninety (90) days of the effective date of this Section 5 of Article V, any full-time employee of the Macon-Bibb County Fire and Police Departments currently employed by those departments on that date who contributed to the Macon-Bibb County Fire and Police Retirement System Fund and terminated his or her employment and was subsequently reemployed, may recoup credit for his or her past service under the system by applying and paying into the system a lump sum amount which the system had refunded to such employee upon his or her prior termination, plus five percent (5%) of the total refunded amount plus any administrative costs, as determined by the board.

The employee shall make application and pay the total amount due in one lump sum within the window period. No credit shall be recouped by the employee until such time as payment has been made in full. Provided however, any employee who is reemployed by Macon-Bibb County on or after January 1, 2014, may not pay any amounts into the system to recoup credit for past service nor will such employee be eligible to participate in the Plan after reemployment.

ARTICLE VI. CONTRIBUTIONS

(1) Employee contributions.

For any employee who on the effective date of this system was a member of the General Employee's Retirement System of the City of Macon and who made contributions to that system, the board shall have such contributions transferred to the fund and created under this system and such contributions will be credited to the individual account of each such employee.

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(2) City contributions.

The city shall quarterly make contributions as determined by the actuary as necessary to keep the system actuarially sound. The board relying on the advice of the actuary, may from time to time Increase or decrease the amount of the city contributions, provided, however, the benefits to be paid or made available under the system are not affected at any time. All city contributions shall be paid to the fund and shall be irrevocable except as herein provided and shall be used only for the benefit of the employees and their beneficiaries.

Investment of all employee contributions and all city contributions made toward the cost of the system will be accomplished through the fund. Payments of all benefits of all employees and beneficiaries shall be accomplished through the system.

ARTICLE VII. RETIREMENT BOARD OF TRUSTEES

(1) Appointment and term of office.

The Board shall consist of five (5) members chosen as follows:

(a) Two (2) Commissioners appointed by the Mayor; (b) One (1) active or retired representative from either the former City of Macon Police
Department or the Bibb County Sheriff's Department who participates in the Plan, chosen by a majority vote of the Plan participants from either the former City of Macon Police Department or the Bibb County Sheriff's Department both active and retired; (c) One (1) active or retired representative from the Macon-Bibb County Fire Department who participates in the Plan, chosen by a majority vote of the Plan participants from the Macon-Bibb County Fire Department both active and retired; and (d) A private resident of Macon-Bibb County (who is knowledgeable in investment finance), to be selected by the above-mentioned four.

The terms of office of the Board members shall each be for a term of two (2) years and until a successor has been selected. The Macon-Bibb County attorney shall serve as legal counsel for and advisor to the Board. The Macon-Bibb County Human Resources Director shall be responsible for conducting the votes of the Plan participants in selecting the law enforcement and firefighter representatives in a manner approved by the Board of Trustees. If the private resident position of the remains vacant for more than (60) days, then, the Mayor shall be authorized to appoint an interim private resident member, subject to confirmation by a majority vote of the Macon-Bibb County Commission.

The individual members of the Board serving on June 1, 2015, shall continue to serve for their respective terms and until a successor has been selected, unless said member ceases to

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meet the eligibility requirements set out above, in which case the member shall serve until a successor has been selected.

(2) Organization of the board.

The board shall elect a chairman and a secretary from among its members. The board may appoint such agents, who need not be members of such board, as it may deem necessary for the effective performance of its duties and it may delegate to such agents such powers and duties whether ministerial or discretionary as the board may deem expedient or appropriate. The compensation of such agent shall be fixed by the board within limits set by the city commissioners. The board shall act by majority vote of its active members. The board members shall serve without compensation.

(3) Selection of agents.

(a) Pursuant to section (2) above, which authorizes the city to set limits on the compensation of agents, the board shall be required to enter into a written agreement with any agents selected to perform duties on the board's behalf. The board is hereby authorized to enter into and to sign a written agreement with an agent, without the approval of the city, provided that the agent certifies to the board in the written agreement that the agent does not reasonably expect the cost of its services to exceed Twenty Thousand Dollars ($20,000.00).
(b) An agreement with an agent whose services are reasonably expected to exceed Twenty Thousand Dollars ($20,000.00) or the continued engagement of any agent whose cost of services for the previous twelve months have exceeded Twenty Thousand Dollars ($20,000.00) without the approval of the city shall require the consent of the city by adoption of a resolution of mayor and council. As a condition of seeking approval from the city, the board shall demonstrate to mayor and council that it has made a competitive selection based upon relevant criteria established and published as part of the selection process.
(c) Any written agreement entered into by the board on or after November 1, 2012 which does not comply with the requirements of this section as set forth above shall be null and void.

(4) Powers of the board.

The board shall have complete control of the administration of the system with all powers necessary to enable it to properly carry out its duties in that respect. Not in limitation, but in amplification of the foregoing, such board shall have the power to construe the said system and to determine all questions which shall arise thereunder and shall also have all the powers herein conferred upon it. It shall decide all questions relating to eligibility of employees to

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participate in the benefits of the system and shall determine the benefits of this system to which any employee or his or her beneficiary may be entitled. All disbursements shall be made upon, and in accordance with, written Instructions of the board, signed by the secretary. The decision of the board upon all matters within the scope of its authority shall be binding upon all parties of this instrument, employees and their beneficiaries.

The board shall establish rules and procedures to be followed by employees and beneficiaries in filing applications for benefits and in furnishing and verifying proof necessary to determine age and any other matters required to administer the system.

The board shall receive all applications for benefits. Upon receipt by the board of such an application, it shall determine all facts which are necessary to establish the right of the applicant to benefits under the provisions of the system and the amount thereof as herein provided. Upon request, the board will afford any applicant the right of hearing with respect to any findings of fact or determination.

The board shall prepare and distribute to the employees, at the expense of the city, and in such manner as it shall be deemed appropriate, information concerning the system.

To enable the board to perform its functions, the city shall supply full and timely information to the board of all matters relating to the compensation of the employees, their length of service, their retirement or other causes for termination of employment, and such other pertinent facts as the board may require.

The board shall designate an actuary who shall be the technical advisor of the board regarding the operation of the system and shall perform such other duties as are required in connection therewith.

The board shall be entitled to rely upon all tables, valuations, certificates, and reports furnished by the actuary and upon all opinions given by the city attorney, and the board shall be fully protected in respect to any action taken or suffered by them in good faith in reliance upon the advice or opinion of any such actuary or counsel, and all action so taken or suffered shall be conclusive upon each of them and upon all employees or other persons interested in the system.

(5) Records of board.

All acts and, determinations of the board shall be duly recorded by the secretary thereof, or under his or her supervision, and all such records, together with such other documents as may be necessary for the administration of the system shall be preserved in the custody of such secretary.

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(6) Exemption from liability of board.

The members of the board, and each of them, shall be free from all liability, joint or several, for their acts, omissions and conduct, and for the acts, omissions and conduct of their duly constituted agents, in the administration of the system and the city shall indemnify and save them, and each of them, harmless from the effects and consequences of their acts, omissions and conduct in their official capacity, except to the extent that such effects and consequences shall result from their own willful misconduct.

(7) Annual audit required.

An annual audit prepared by a certified public accountant chosen by the board shall be made at the close of each fiscal year (June 30) of all the transactions of the system.

ARTICLE VIII. TRUST AND TRUSTEE

The board at its own discretion shall appoint the trustee. The trust agreement shall be in such form and containing such provisions as the board deems appropriate, including, but not by way of limitation, the position with respect to the liability of the trustees, the authority of the board to settle the accounts of the trustee on behalf of all persons having interest in the trust and from time to time shall appoint a new trustee in place of any then acting trustee. With respect to any payment to or for the benefit of any employee or beneficiary under the system the trustee shall follow the directions of the board.

When entered into, the trust agreement shall be deemed to form a part of the system and any and all rights to benefits which may accrue to any person under the system shall be subject to all the terms and provisions of the trust agreement. A trust fund shall be established under the terms of said trust agreement and all employee contributions and city contributions shall be paid into the system and the trustee shall be authorized, subject to the direction of the board, to administer such fund, investing and reinventing the fund in any investments which are legal investments for insurance companies under the laws of this state, as the same may now or hereafter provide.

ARTICLE IX. MISCELLANEOUS

(1) Headings.

The headings and subheadings in this system have been inserted for convenience of reference only and are to be ignored in any construction of the provisions hereof.

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(2) Construction.

In the construction of this system the masculine shall include the feminine and the singular the plural in all cases where such meanings would be appropriate.

The system shall be construed in accordance with the law of the State of Georgia.

(3) Spendthrift clause.

To the extent permitted by law, none of the benefits, payments, proceeds or distributions under this system shall be subject to the claims of any creditor of the employee or to the claim of any creditor of any beneficiary hereunder or to any legal process by any creditor of such employee or any such beneficiary whomsoever, save by and at the instance of the City of Macon or the Macon Police Credit Union or the Macon Firemen's Credit Union, corporations of Bibb County, Georgia, and then only for money lawfully owing to said city or said credit unions by any particular member, and then only to the extent of such member's benefit payments and contributions to the system; and neither such employee or any such beneficiary shall have any right to alienate, commute, anticipate or assign any of the benefits, payments, proceeds or distributions under this system, except to the City of Macon or the Macon Police Credit Union or the Macon Firemen's Credit Union and if any employee shall attempt to dispose of the benefits provided for him other than to the City of Macon, Macon Police Credit Union or Macon Firemen's Credit Union or to dispose of the right to receive such benefits other than to the City of Macon, Macon Police Credit Union, or Macon Firemen's Credit Union or in the event there should be an effort to seize such benefits, or the right to receive such benefits by attachment, execution or other legal or equitable process by any except the City of Macon, Macon Police Credit Union, or Macon Firemen's Credit Union, such right may pass and be transferred at the discretion of the board, to such one or more as may be appointed by the board from among the beneficiaries, if any, theretofore designated by the employee, or from the spouse, children or other dependents of the employee, in such shares as the board may appoint. Any appointment so made by the board may be revoked by it at any time and further appointment made by it which may Include the employee.

(4) Legally incompetent.

If any employee or beneficiary is a minor, or is in the judgment of the board otherwise legally incapable of personally receiving and giving a valid receipt for any payment due him hereunder, the board may, unless and until claim shall have been made by a duly appointed guardian or committee of such person, direct that such payment or any part thereof be made to such person's spouse, child, parent, brother or sister or other person deemed by the board to have incurred expense for or assumed responsibility for the expenses of such person. Any

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payment so made shall be a complete discharge of any liability under this system for such payment.

(5) Benefits supported only by trust fund.

Any person having any claim under the system will look solely to the assets of the system for satisfaction. In no event will the city or any of its officials, members of its commission or agents, be liable in their individual capacities to any person whomsoever under the provisions of the system. Upon complete or partial termination of the system, the rights of all affected employees to benefits accrued as of the date of such termination shall become nonforfeitable to the extent the system is then funded.

(6) Misconduct.

If the board finds that any retired or terminated employee engaged in misconduct involving dishonesty or moral turpitude while employed with the city, the board shall reduce or suspend the benefits of the employee, which reduction or suspension shall continue until removed by notice from the board.

(7) Discrimination.

The city, through the board, shall administer the system in a uniform and consistent manner with respect to all employees and shall not permit discrimination of any kind.

(8) Limitation of liability; legal action.

It is expressly understood and agreed by each employee who becomes a member hereunder, that except for its or their willful neglect or fraud, neither the city nor the board shall be in any way subject to any suit or litigation, or to any legal liability, for any cause or reason or thing whatsoever, in connection with this system or its operation, and each such employee hereby releases the city and all its officers and obligation.

To any action or proceeding involving the assets held with respect to the system or the administration thereof, the city, the board and the trustee shall be the only necessary parties and no employees or former employees of the city or their beneficiaries or any other person having or claiming to have an Interest in the system shall be entitled to any notice or process. Any final judgment which is not appealed or appealable that may be entered in any such action or proceeding shall be binding and conclusive on the parties hereto, the board and all persons having or claiming to have any interest in the system.

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(9) Claims.

Any payment to an employee or beneficiary, or to their legal representative, in accordance with the provisions of this system, shall to the extent thereof be in full satisfaction of all claims hereunder against the trustee, board and the city, any of whom may require such employee, beneficiary or legal representative, as a condition precedent to such payment, to execute a receipt and release therefor in such form as shall be determined by the trustee, the board or the city, as the case may be.

(10) USERRA.

Notwithstanding any provision of this Plan to the contrary, contributions, benefits, and service credit with respect to qualified military service will be provided in accordance with Code section 414(u). In the case of a death or disability occurring on or after January 1, 2007, if an employee dies while performing qualified military service (as defined in section 414(u) of the Code), the survivors of the employee are entitled to any additional benefits (other than benefit accruals relating to the period of qualified military service) provided under the system as if the employee had resumed and then terminated employment on account of death. For years beginning after December 31, 2008, (a) an individual receiving a differential wage payment, as defined by section 3401(h)(2) of the Code, shall be treated as an employee of the city, (b) the differential wage payment shall be treated as basic compensation, and (c) the system shall not be treated as failing to meet the requirements of any provision described in section 414(u)(1)(C) of the Code by reason of any contribution or benefit which is based on the differential wage payment.

(11) Exclusive Benefit.

The Plan and trust will be maintained and administered for the exclusive benefit of participants and their beneficiaries.

ARTICLE X. SPECIAL DISTRIBUTION RULES

(1) Required Minimum Distribution Rules.

Notwithstanding anything contained herein to the contrary, the board shall direct that payment of an employee's pension commence by the first day of April in the calendar year following the later of (a) the calendar year in which the employee attains age seventy and one-half (70 1/2), or (b) the calendar year in which the employee retires. The forgoing requirement shall be administered by the board in accordance with a reasonable and good faith interpretation of Section 401(a)(9) of the Code pursuant to Treas. Reg. Section 1.401(a)(9)-1, A-2(d).

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(2) Limitation on Benefits.

The annual benefit payable under this system to an employee at any time shall not exceed the maximum permissible amount. "Maximum permissible amount" shall mean $160,000.00, as adjusted by the Secretary of the Treasury for each calendar year under section 415(d) of the Code, with the new limitation to apply to limitation years ending within the calendar year of the date of the adjustment. The limitations, adjustments, and other requirements set forth in this Article X shall comply with the provisions of section 415 of the Code (specifically including any special rules under sections 415(b)(2)(G) and 415(b)(11) of the Code) and the final regulations promulgated thereunder, the terms of which are specifically incorporated herein by reference for Limitation Years beginning on or after July 1, 2007, except where an earlier effective date is otherwise provided in the final regulations or in this Article X. The application of the provisions of this Article X shall not cause the maximum permissible amount for any employee to be less than the employee's accrued benefit under all the defined benefit plans of the employer or a predecessor employer as of the end of the last limitation year beginning before July 1, 2007, under provisions of the plans that were both adopted and in effect before April 5, 2007 (provided such provisions were both adopted and in effect before April 5, 2007, and satisfied the applicable requirements of statutory provisions, regulations, and other published guidance relating to section 415 of the Code in effect as of the end of the last limitation year beginning before July 1, 2007).

ARTICLE XI. EARLY RETIREMENT INCENTIVE PROGRAM

An enhanced early retirement benefit shall be made available to certain employees participating in this Plan on a one-time basis, in accordance with and subject to the following requirements, and shall be referred to herein as the Early Retirement Incentive Program or "ERIP"

(1) Eligibility for Enhanced Early Retirement Benefit under ERIP.

An employee participating in this Plan is eligible to elect to participate in the ERIP and receive a normal pension, if, assuming the employee worked through December 31, 2015, he or she attained age forty-eight (48) and earned at least twenty-three (23) years of service on or before December 31, 2015.

An employee is eligible to elect to participate in the ERIP and receive an early pension if, assuming the Participant worked through December 31, 2015, he or she attained at least twenty-three (23) years of service. Terminated employees and elected employees are not eligible to elect to participate in the ERIP.

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(2) Description of Enhanced Benefits.

Subject to the applicable limitations of Code Section 415, the enhanced early retirement incentive benefit payable to an employee who elects to participate in the ERIP shall be computed by substituting a multiplier of two and one-half percent (2.5%) for benefits determined under Article IV, and assuming the employee worked for the employer until December 31, 2015. Therefore, the pension benefit shall be based upon the employee's service and his average compensation as of December 31, 2015, times 2.5%; provided however, the annual benefit payable shall not exceed ninety percent (90%) of average compensation and the early pension shall be subject to the reductions as provided in Article IV section (3) of the Plan.

(3) Additional Benefits.

A supplemental benefit will be paid from the Plan to an employee who elects to participate in the ERIP equal to $200 per month for the life of the employee.

(4) Window Period for Election.

Any employee, who satisfies the eligibility requirements of the ERIP in Section (a) above, may elect to terminate employment, retire and receive the enhanced early retirement benefit described in this Section by submitting the required forms to the designated individual no later than 5:00 p.m. on July 31, 2015. An employee may not make an election to retire under the ERIP after he or she has terminated employment with the Employer.

(5) 7-Day Revocation Period.

Any employee electing to retire early under the ERIP may revoke his or her election by providing written notice of the revocation to the designated individual within seven (7) days after he or she submitted the election form (the revocation period). If the employee does not revoke his or her election within the 7-day revocation period, the election to terminate employment, retire and receive an enhanced retirement benefit pursuant to the ERIP shall become irrevocable when the revocation period ends.

(6) Termination of Employment; Retirement Date.

Employees who irrevocably elect to participate in the ERIP shall be required to retire no later than September 30, 2016. Benefits for an employee who elects to participate in the ERIP shall commence on the first day of the month following his or her termination of employment and shall be paid on the first day of each succeeding month thereafter for as long as the employee remains eligible to receive such benefits. If an employee dies before

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COUNTY HOME RULE ORDINANCES

commencement of benefits under this ERIP, the employee's election to participate in the ERIP shall be null and void, notwithstanding any provisions herein to the contrary.

(7) Voluntary Election.

The election to retire and receive enhanced early retirement benefits pursuant to the ERIP shall be completely voluntary.

The effective date of this article XI is May 31, 2015. The rights and obligations under the Plan with respect to employees whose employment with the Employer is terminated for any reason whatsoever prior to the effective date of this Plan Amendment shall be governed by the Plan as it existed and was in effect at the time of such termination.

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 THAT SHE IS THE CLASSIFIED/LEGAL MANAGER FOR THE MACON TELEGRAPH OR TRAVIS KNIGHT, WHO DEPOSES AND SAYS HE IS THE DIGITAL DIRECTOR OF ADVERTISING FOR THE MACON TELEGRAPH, AND ARE ALL AUTHORIZED BY THE PUBLISHER THEREOF TO MAKE THIS AFFIDAVIT, AND THAT ADVERTISEMENT AS PER ATTACHED CLIPPING HAS BEEN PUBLISHED IN THE MACON TELEGRAPH ON THE FOLLOWING DATES: 12/5, 12, 14

SIGNED s/ Dianne Buck

SWORN TO AND SUBSCRIBED BEFORE ME THIS 21st Day of December, 2015

s/ ANGEL WILFONG [SEAL]

GEORGIA LAWS 2016 SESSION

4399

GEORGIA, BIBB COUNTY PUBLIC NOTICE Macon-Bibb County proposes amendment its Charter so as to include the Macon Fire and Police Employees Retirement System (the "Plan") as Appendix III and so as to adopt a restatement of the Plan incorporating prior amendments for filing with the Internal Revenue Service for a determination letter. 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.

Filed in the Office of the Secretary of State December 22, 2015. __________

DEKALB COUNTY DEKALB COUNTY PENSION BOARD; CLARIFICATIONS; COMPLIANCE-RELATED UPDATES.

A HOME RULE ORDINANCE

A HOME RULE ORDINANCE BY THE GOVERNING AUTHORITY OF DEKALB COUNTY UNDER THE HOME RULE PROVISIONS FOR COUNTIES OF THE CONSTITUTION OF THE STATE OF GEORGIA, TO AMEND AN ACT OF THE GENERAL ASSEMBLY OF 1962, FOUND IN GEORGIA LAWS 1962, PAGE 3088, ET SEQ., AS AMENDED, CREATING THE DEKALB COUNTY PENSION BOARD, SO AS TO MAKE CLARIFYlNG CHANGES AND COMPLIANCE-RELATED UPDATES TO THE PENSION CODE, AND FOR OTHER PURPOSES.

NOW, THEREFORE, BE IT ORDAINED by the Governing Authority of DeKalb County, Georgia, and it is hereby ordained by the authority of same, pursuant to the home rule provisions for counties of the Constitution of the State of Georgia, that the state law creating the DeKalb County Pension Board, known as 1962 Ga. Laws p. 3088, et seq., as amended, (hereinafter referred to as "the Act") is hereby further amended as follows:

PART I. ENACTMENT.

By adding the following language at the end of the last paragraph of the section codified in the Code of DeKalb County, Georgia, Appendix B, as section 901:

Nothing in this section 901 shall be interpreted to mean that any current or former participant of this plan may opt out of participation in this plan after he has made his first contribution. When and if a judge or other officer, employee or deputy who is receiving or will receive payments of salary from DeKalb County and the State of Georgia (or any institution, bureau or department thereof) first becomes eligible to participate in this plan,

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COUNTY HOME RULE ORDINANCES

that individual may make a one-time irrevocable election to opt out of participation in this plan, but may do so only before he makes his first contribution.

******

By adding the following language as a new paragraph at the end of the section codified in the Code of DeKalb County, Georgia, Appendix B, as section 901:

Beginning as of June 26, 2013, the terms 'spouse' and 'surviving spouse' as those terms are used herein, mean the individual to whom a participant is lawfully married under the laws of any state or other jurisdiction where the marriage was performed, without regard to gender or the state of residence. 'Spouse' or 'surviving spouse' shall not include domestic partners or other similar relationships that do not satisfy a state or other jurisdictional requirement for a legal marriage.

******

By deleting the first sentence of the section codified in the Code of DeKalb County, Georgia, Appendix B, as Section 902, entitled "Creation of board; members, vacancies", and replacing it with the following:

There is hereby authorized and created the pension board of DeKalb County to consist of nine (9) members, one (1) of whom shall be the chief executive officer of DeKalb County, two (2) of whom shall be elected by the board of commissioners of said county, one (1) of whom shall be the director of finance of DeKalb County, one (1) of whom shall be the director of the merit system of DeKalb County, and two (2) of whom shall be officers, employees or deputies of DeKalb County subject to the provisions of this article, elected at an election to be held on the second Monday in January, 1964, and every fourth year thereafter, on the second Monday in January. Effective for board elections on and after January 1, 2016, an officer, employee, or deputy must have at least seven (7) years of service under this plan to qualify for election to the pension board.

******

By adding the following language at the end of the section codified in the Code of DeKalb County, Georgia, Appendix B, as section 903:

Each member of the pension board shall perform his duties in a manner to preserve the immunity granted to such individuals under O.C.G.A. 51-1-20.

******

GEORGIA LAWS 2016 SESSION

4401

By deleting from the section codified in the Code of DeKalb County, Georgia, Appendix B, as section 908, entitled "[p]ayment of benefits", the language that appears before subheading (a) of Section 908.

******

By amending the section codified in the Code of DeKalb County, Georgia, Appendix B, as section 908, to delete the language that appears after the heading for subsection 908(b) (entitled "[Benefits paid hereunder shall be classified as follows:]") and before the subheading for 908(b)1. (entitled "[Normal retirement:]").

******

By amending the section codified in the Code of DeKalb County, Georgia, Appendix B, as section 908, to delete subsections 908(b)(1)(C) and 908(b)(1)(D) from their current location and move them to new section 908.1 (to be entitled "Historical provisions"), subsection (a) (to be entitled "Adjustments to retirement benefits"), numbered as subsections 908.1(a)(1) and 908.1(a)(2), respectively. New section 908.1 should appear immediately after the end of section 908.

******

By amending the section codified in the Code of DeKalb County, Georgia, Appendix B, as section 908, to delete the "A." that appears at the beginning of existing subsection 908(b)(2) (entitled "[d]elayed retirement") in between the heading for subsection 908(b)(2) and the language "Delayed retirement date".

******

By amending the section codified in the Code of DeKalb County, Georgia, Appendix B, as section 908, to delete all language that appears between the end of subsection 908(b)(3)(B)(iii) and the beginning of subsection 908(b)(4).

******

By adding the following language (previously deleted from subsection 908(b)(3)) to new section 908.1 (to be entitled "Historical provisions") as new subsection 908.1(b)(1), to read as follows:

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COUNTY HOME RULE ORDINANCES

(b) Retirement incentives

(1) 1996 retirement incentive. A participant who has attained age fifty (50) and less than age fifty-five (55), and who has completed at least twenty-five (25) years of service, and who retires with an early retirement date between September 1, 1996 and November 1, 1996 (inclusive) shall receive an immediate monthly retirement benefit which shall be an amount computed and payable in accordance with subsection 3.B. of this section 8, with no deduction for each complete month by which the date the benefit commences precedes the normal retirement date of the participant.

******

By adding the language that formerly was codified as subsection 908(b)(3.5) (entitled "2010 [r]etirement [i]ncentives") (deleted above) in the Code of DeKalb County Georgia, Appendix B, as new subsection 908.1(b)(2) (to be entitled "908.1 Historical provisions"; "(b) Retirement incentives"; "(2) 2010 Retirement incentives").

******

By amending the section codified in the Code of DeKalb County, Georgia, Appendix B, as section 908, to delete the "A." that immediately precedes "Beneficiary" at the beginning of subsection 908(b)(9).

******

By amending the section codified in the Code of DeKalb County, Georgia, Appendix B, as section 908, to delete subheading 908(b)(10) and all of the language in subsection 908(b)(10)(A) that appears before subsection 908(b)(10)(B) and replace that deleted language with the following:

10. Maximum benefits.

A. Benefits with respect to a participant may not exceed the maximum benefits specified under Section 415 of the Internal Revenue Code for governmental plans. This section does not constitute an election under Section 415(b)(10)(C) of the Internal Revenue Code.

******

GEORGIA LAWS 2016 SESSION

4403

By amending the section codified in the Code of DeKalb County, Georgia, Appendix B, as section 908, to delete subheading 908(b)(11) and all of the language in subsection 908(b)(11)(A) and replace that deleted language with the following:

11. Minimum distribution requirements.

A. Benefit payments under this plan must begin by the later of April 1 of the calendar year following the year in which the participant reaches age seventy and one-half (70 1/2) or retires from active employment. The participant's entire interest in the plan must be distributed over the life of the participant or the lives of the participant and a designated beneficiary, over a period not extending beyond the life expectancy of the participant or the life expectancy of the participant and designated beneficiary.

When a participant dies after distribution of benefits has begun, the remaining portion of the participant's interest shall be distributed at least as rapidly as under the method of distribution prior to the participant's death.

When a participant dies before distribution of benefits has begun, the entire interest of the participant shall be distributed within five (5) years of the participant's death. The five-year payment rule does not apply to any portion of the participant's interest which is payable to a designated beneficiary over a period not greater than the life or life expectancy of the beneficiary and which begins within one (1) year after the date of the participant's death. The five-year payment rule does not apply to any portion of the participant's interest which is payable to a surviving spouse over the life or life expectancy of the spouse which begins no later than the date the participant would have reached age seventy and one-half (70 1/2).

******

By amending the section codified in the Code of DeKalb County, Appendix B, as section 908, to delete the "A." that immediately precedes "Direct rollover of eligible rollover distributions" at the beginning of subsection 908(b)(12).

******

By amending the section codified in the Code of DeKalb County, Appendix B, as section 913, to delete the following language from the portion of Section 913 that comes after subsection (b):

In the event the certificate tendered by the applicant and the certification of the county physician appointed by the board shall disagree as to the condition of the applicant, then

4404

COUNTY HOME RULE ORDINANCES

and in that event, the pension board shall conduct a hearing for the purpose of determining the true condition of the applicant.

and replace that deleted language with the following:

In the event the certificate tendered by the applicant and the certification of the county physician appointed by the board shall disagree as to the condition of the applicant, the pension board shall consider both opinions and render a decision. If the pension board denies the application, the participant may request a hearing before the pension board.

By amending the section codified in the Code of DeKalb County, Appendix B, as section 933, to delete the last sentence of subsection 933(a) and replace it with the following:

For purposes of this section 933, "preretirement" refers to the period before a participant first received a pension benefit under subsection 8(b)(1), 8(b)(2), or 8(b)(3) of this plan [subsection 908(b)(1), 908(b)(2), or 908(b)(3) of this appendix] or under the 1996 or 2010 retirement incentives [subsection 908.1(b) of this appendix].

PART II. REPEALER.

All laws or parts of laws in conflict with this ordinance are hereby repealed.

PART III. SEVERABILITY.

Should any part, portion, or paragraph of this ordinance be declared unconstitutional or void by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this ordinance not so declared to be invalid, but the same shall remain in full force and effect as if separately adopted.

PART IV. ADOPTION PROCESS.

This ordinance shall be presented to the Board of Commissioners of DeKalb County, Georgia for adoption at two regular, consecutive meetings of the County Commissioners, held not less than seven (7) nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment shall have been published in the official organ of DeKalb County once a week for three (3) weeks within a period of sixty (60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment is on file in the office of the Clerk of Superior Court of DeKalb County for the purpose of examination and inspection by the public.

GEORGIA LAWS 2016 SESSION

4405

PART V. DATES OF ADOPTION.

This ordinance shall be first presented to the Board of Commissioners of DeKalb County, Georgia on the 13th day of October, 2015, and again on the 27th day of October, 2015, at the regular time and place of the meeting of the Board of Commissioners of DeKalb County, Georgia.

PART VI. FILING.

A copy of this ordinance shall be filed with the Clerk of the DeKalb County Superior Court for the purpose of examination and inspection by the public, along with sufficient copies of same for distribution to those members of the public.

PART VII. EFFECTIVE DATE.

The provisions of this ordinance shall become effective when a copy of this ordinance, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which such notice was published are filed with the Secretary of State.

ADOPTED by the DeKalb County Board Commissioners this 27th day of October, 2015.

s/ LARRY JOHNSON LARRY JOHNSON, MPH Presiding Officer Board of Commissioners DeKalb County, Georgia

APPROVED by the Chief Executive Officer of DeKalb County, Georgia this 29th day of October, 2015.

s/ LEE MAY LEE MAY Interim Chief Executive Officer DeKalb County, Georgia

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COUNTY HOME RULE ORDINANCES

ATTEST:

s/ BARBARA H. SANDERS BARBARA H. SANDERS CCC Clerk to the Board of Commissioners and Chief Executive Officer DeKalb County, Georgia

APPROVED AS TO SUBSTANCE:

s/ GWENDOLYN BROWN-PATTERSON Gwendolyn Brown-Patterson Director of Finance DeKalb County, Georgia

APPROVED AS TO FORM:

s/ O.V. Brantley O.V. Brantley County Attorney DeKalb County, Georgia

I, the undersigned, BARBARA H. SANDERS Clerk of The Board of Commissioners, DeKalb County, Georgia, DO HEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance adopted by said Board meeting lawfully assembled on this 27th day of October, 2015.

And same appears in Minutes of said Board this 15th day of December, 2015.

s/ BARBARA H. SANDERS Clerk of Commissioners DeKalb County, Georgia

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,

GEORGIA LAWS 2016 SESSION

4407

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 Proposed amendments include certain compliance-related updates was published in said newspaper on the following date(s): 10/08/15, 10/15/15, 10/22/15

s/ CAROLYN JERNIGAN GLENN CAROLYN J. GLENN, PUBLISHER

Sworn to and subscribed before me this 10/22/15.

s/ JACQUELINE BRYANT Notary Public
My commission expires September 22, 2018. [SEAL]

PUBLIC NOTICE

The public is hereby notified that action is underway by the DeKalb County Board of Commissioners to amend certain provisions of a local act of the General Assembly (1962 Ga. Laws p. 3088, et seq., as amended) relating to the creation of the DeKalb County Pension Board. Specifically, the proposed amendments include certain compliance-related updates; changes designed to clarify portions of the pension code; a requirement that employee candidates for future pension board elections have at least seven years of service; and a change in the pension board's procedure for determining whether an applicant for a disability pension is totally disabled. The public is hereby further notified that these amendments will be considered by the DeKalb County Board of Commissioners at its regular October 13, 2015 and October 27, 2015 meetings. Pursuant to the Home Rule for Counties provisions of the Georgia Constitution, it is necessary for the Board of Commissioners to adopt an ordinance containing an amendment to a local act of the General Assembly at two regular consecutive meetings held not less than seven (7) nor more than sixty (60) days apart. The public is hereby further notified that a copy of said proposed amendments is on file in the office of the clerk of DeKalb County Superior Court, DeKalb County Courthouse, Decatur, Georgia, for public examination and inspection, and that upon written request, copies are available from the Clerk of the DeKalb County Superior Court for interested members of the public.

Filed in the Office of the Secretary of State December 29, 2015.

HOME RULE ORDINANCES
OF MUNICIPAL CORPORATIONS

GEORGIA LAWS 2016 SESSION

4411

CITY OF COVINGTON OATH OF OFFICE

AN ORDINANCE TO AMEND SECTION 22 OF THE CHARTER OF THE CITY OF COVINGTON, PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY KNOWN AS "THE MUNICIPAL HOME RULE ACT OF 1965"; TO REPEAL ALL OTHER ACTS AND ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES.

WHEREAS, the City of Covington, Georgia, a municipal corporation of the State of Georgia (the "City"), operates pursuant to the Constitution and laws of the State of Georgia and its Charter, approved January 30, 1962, (Ga. L 1962, p. 2003), as amended; and

WHEREAS, the City has now determined that it is necessary to make a certain amendment to its Charter pursuant to its home rule powers granted under the provisions of Article IX, Section II, Paragraph II of the Constitution of the State of Georgia and O.C.G.A. Sections 36-35-1 through 36-35-7;

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Covington in council duly assembled and IT IS HEREBY ORDAINED, by the authority of the same, as follows:

Section 1. The Charter of the City of Covington, Georgia, which was established by an Act creating a new Charter for the City of Covington, Georgia, approved on January 30, 1962, (Ga. L. 1962, p. 2003), is amended by deleting Section 22 thereof and substituting the following in lieu thereof:

"Sec. 22. - Oath of office. Before January 1 of the year next following the election of the mayor and/or any council members, and before they enter upon the discharge of their official duties, the mayor shall, before some officer authorized to administer oaths in the State of Georgia, take and subscribe the following oath: "I do solemnly swear or affirm that I will, to the best of my ability, discharge the duties of the mayor of the City of Covington during my continuance of office, so help me God," and the mayor, after being so qualified, shall have full power and authority to administer a like oath to each of the council members."

Section 2. All portions of the Charter or amendments thereto and all ordinances in conflict herewith shall be and the same are hereby repealed.

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MUNICIPAL HOME RULE ORDINANCES

Section 3. If any part of this ordinance shall be declared void, it is the intent and the purpose hereof that all other provisions not so declared void shall remain in full force and effect.

Section 4. The City Clerk is hereby authorized and directed to cause a notice, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, to be published in The Covington News, the official newspaper in which Sheriff's advertisements are published in Newton County, in which the city is located, once a week for three weeks within a period of sixty days immediately preceding the day of the final adoption of this ordinance. The City Clerk is also hereby authorized and directed to cause the publisher of The Covington News to execute an affidavit of such publication.

ENACTED AND ADOPTED this 18th day of May, 2015.

By: s/ RONNIE JOHNSON RONNIE JOHNSON, Mayor

Attest: s/ AUDRA M. GUTIERREZ AUDRA M. GUTIERREZ, City Clerk

(CITY SEAL)

EXHIBIT A

NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF COVINGTON, GEORGIA
BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY KNOWN AS
"THE MUNICIPAL HOME RULE ACT OF 1965"

NEWTON COUNTY CITY OF COVINGTON, GEORGIA

Notice is hereby given that an ordinance will be introduced on May 4, 2015, and read for final adoption on May 18, 2015, to amend the Charter of the City of Covington, Georgia, which was created by an Act approved on January 30, 1962, (Ga. L. 1962, p. 2003), as amended in its entirety on May 7, 2012, so as to change the date by which the newly elected mayor and council members must take the oath of office before they enter upon the discharge of their duties.

GEORGIA LAWS 2016 SESSION

4413

A copy of this proposed amendment is on file in the office of the Clerk of the City of Covington, 2194 Emory Street, N.W., Covington, Georgia, and is on file in the office of the Clerk of the Superior Court of Newton County, 1132 Usher Street, N.W., Covington, Georgia, for the purpose of examination and inspection by the public, all as required by law.

This 19th day of April, 2015.

AUDRA M. GUTIERREZ, City Clerk

CLERK'S CERTIFICATE

NOW COMES the undersigned Clerk of the City of Covington, (the "City"), keeper of the records and seal thereof, and certifies that the foregoing pages of typewritten matter constitute a true and correct copy of an Ordinance duly adopted by the City in a public meeting properly and lawfully assembled on May 18, 2015, in compliance with Official Code of Georgia Annotated Section 50-14-1, which meeting was open to the public and at which a quorum was present and acting throughout, the original of which Ordinance has been entered in the official records of the City and is in my official possession, custody and control and that such Ordinance is in full force and effect as of the date herein below set forth.

This 15th day of June, 2015.

s/ AUDRA M. GUTIERREZ AUDRA M. GUTIERREZ, City Clerk

(CITY SEAL)

The Covington News AFFIDAVIT OF PUBLICATION
STATE OF GEORGIA NEWTON COUNTY

Personally appeared before the undersigned officer:

T. Pat Cavanaugh

Who says under oath that he is the Publisher of The Covington News, a newspaper having a general circulation and whose principal office is in said Newton County, And that the legal advertisement was published. RE: City of Covington. Notice of Intention to Amend Charter of The City of Covington.

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MUNICIPAL HOME RULE ORDINANCES

Run dates: 4/19,26,5/10

s/ T. PAT CAVANAUGH

Sworn to and subscribed before me the 1st day of June 2015.

s/ BRANDI JOHNSON Brandi Johnson Notary Public My Commission Expires April 12, 2019

(Notary Seal)

NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF COVINGTON, GEORGIA
BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY KNOWN AS
"THE MUNICIPAL HOME RULE ACT OF 1965"

NEWTON COUNTY CITY OF COVINGTON, GEORGIA

Notice is hereby given that an ordinance will be introduced on May 4, 2015, and read for final adoption on May 18, 2015, to amend the Charter of the City of Covington, Georgia, which was created by an Act approved on January 30, 1962, (Ga. L. 1962, p. 2003), as amended in its entirety on May 7, 2012, so as to change the date by which the newly elected mayor and council members must take the oath of office before they enter upon the discharge of their duties.

A copy of this proposed amendment is on file in the office of the Clerk of the City of Covington, 2194 Emory Street, N.W., Covington, Georgia, and is on file in the office of the Clerk of the Superior Court of Newton County, 1132 Usher Street, N.W., Covington, Georgia, for the purpose of examination and inspection by the public, all as required by law.

This 19th day of April, 2015.

AUDRA M. GUTIERREZ, City Clerk

Filed in the Office of the Secretary of State June 29, 2015. __________

GEORGIA LAWS 2016 SESSION

4415

CITY OF BERKELEY LAKE AD VALOREM TAX RATE; MANNER OF ADOPTION.

ORDINANCE NO. 0-183-15

A HOME RULE ORDINANCE AMENDING SECTIONS 6.11 AND 6.27 OF ARTICLE 6 "FINANCE", PART I OF THE CHARTER OF THE CITY OF BERKELEY LAKE TO CHANGE THE METHOD OF ADOPTING THE ANNUAL AD VALOREM TAX RATE FROM ORDINANCE TO RESOLUTION; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR REPEAL OF CONFLICTING ORDINANCES; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

Section 1. It is hereby ordained by the governing authority of the City of Berkeley Lake that the Code of the City of Berkeley Lake be amended to read as follows:

PART I CHARTER Article 6. Finance

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

The city council, by resolution, 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 resolution, 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 6.27. Tax levies.

The city 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 this city.

Section 3: Should any article, section, subsection, paragraph, clause, phrase or provision of this ordinance be adjudged invalid of held unconstitutional, such decision shall not affect or invalidate the remaining portions of this ordinance.

Section 4: All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

4416

MUNICIPAL HOME RULE ORDINANCES

Section 5. This ordinance shall be effective upon adoption.

Passed and adopted by the Mayor and Council on this 18th day of June, 2015.

s/ LOIS D. SALTER LOIS SALTER Mayor

ATTEST: s/ TOM ROZIER TOM ROZIER City Clerk

(SEAL)

1st Reading: May 21, 2015 2nd Reading: June 18, 2015 Council Adoption: June 18, 2015

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF GWINNETT

Personally appeared before the undersigned, a notary public within and for said county and state, Robert D. McCray, 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.: 255464 Name and File No.: 6/18 MTG AMEND CITY CHARTER a true copy of which is hereto attached, was published in said newspaper on the following date(s): 05/28/15 Thu 06/04/15 Thu 06/11/15 Thu

s/ ROBERT D. MCCRAY Robert D. McCray, SCNI Vice President of Sales and Marketing

GEORGIA LAWS 2016 SESSION

4417

s/ TODD CLINE By: Todd Cline Editor

Sworn and subscribed before me 06/26/15 s/ VALERIE HARDEMAN Notary Public My commission expires March 6, 2018

(SEAL)

PUBLIC NOTICE CITY OF BERKELEY LAKE CONSIDERATION OF ORDINANCE TO AMEND CITY CHARTER UNDER HOME RULE POWERS 8:00 PM THURSDAY, JUNE 18, 2015 BERKELEY LAKE CITY HALL 4040 SOUTH BERKELEY LAKE RD. BERKELEY, LAKE GA 30096-3016
PHONE: 770.368.9484

Pursuant to O.C.G.A. 36-35-3(b)(1), notice is hereby given that the City Council of the City of Berkeley Lake is considering the adoption of a home rule ordinance (O-183-15) amending Sections 6.11 and 6.27 of the City Charter to change the method of setting the annual ad valorem tax rate from ordinance to resolution.

A copy of the proposed ordinance is on file with the City Clerk at City Hall, 4040 South Berkeley Lake Road, and on file with the Clerk of Court of the Gwinnett Superior Court for public inspection.

Filed in the Office of the Secretary of State July 1, 2015. __________

CITY OF CHAMBLEE ELECTION DISTRICTS.

ORDINANCE NO. 678

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF CHAMBLEE, GEORGIA, ARTICLE 3, BOARD OF MAYOR AND COUNCIL MEMBERS, SECTION 1.1 "ELECTION DISTRICTS" TO PROVIDE FOR REAPPORTIONED ELECTION DISTRICTS DUE TO ANNEXATION OF PROPERTY AND FOR ALL OTHER LAWFUL PURPOSES

4418

MUNICIPAL HOME RULE ORDINANCES

BE IT ORDAINED AND IT IS HEREBY ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CHAMBLEE, GEORGIA THAT THE PROVISIONS OF ARTICLE 3, SECTION 1.1 OF THE CHARTER OF THE CITY OF CHAMBLEE SHALL BE AMENDED BY DELETING SAID SECTION 1.1 IN ITS ENTIRETY AND SUBSTITUTING IN LIEU THEREOF A NEW SECTION 1.1 WHICH NEW SECTION SHALL READ AS FOLLOWS:

SECTION 1.1 Election districts.

The corporate area of the City of Chamblee is divided into three districts for the purpose of electing council members from each such district. For such purposes, said districts are to be known as Election Districts and are to be numbered Election Districts 1, 2 and 3 respectively. Two council members shall be elected from the city at large.

(1) Election District 1 shall include the area lying within the following described lines and boundaries: Beginning at the point where the centerline of Chamblee-Dunwoody Road would intersect the centerline of Harts Mill Road if the centerline of Harts Mill Road was extended easterly in a straight line; running thence southeasterly along the centerline of Chamblee Dunwoody Road to a point where the centerline of Chamblee-Dunwoody Road would intersect the centerline of Pierce Drive if the centerline of Pierce Drive was extended easterly in a straight line; thence running westerly and southwesterly along the centerline of Pierce Drive to the point where the centerline of Pierce Drive intersects the centerline of Peachtree Boulevard; thence running southwesterly along the centerline of Peachtree Boulevard to a point where the centerline of Peachtree Boulevard would intersect the centerline of Chamblee-Tucker Road if the centerline of Chamblee-Tucker Road was extended northerly in a straight line; thence running southeasterly along the centerline of Chamblee-Tucker Road to a point where the centerline of Chamblee-Tucker Road intersects the centerline of Peachtree Road; thence running northeasterly along the centerline of Peachtree Road to a point where the centerline of Chamblee-Dunwoody Road would intersect the centerline of Peachtree Road if Peachtree Road was on the same grade as Chamblee-Dunwoody Road rather than being elevated by a bridge above the Chamblee-Dunwoody roadbed; thence continuing southeasterly from said point of intersection along the centerline of Chamblee-Dunwoody Road to a point where the centerline of Chamblee-Dunwoody Road intersects the centerline of Shallowford Road; thence running southerly along the centerline of Shallowford Road to a point where the centerline of Shallowford Road intersects the centerline of Chamblee-Tucker Road; thence running southeasterly along the centerline of Chamblee-Tucker Road to a point where the centerline of Chamblee-Tucker Road intersects the northerly right-of-way line of the Northeast Expressway (inclusive of access road) (a/k/a Interstate Highway I-85) in Land Lot 196 of the18th District of DeKalb County, Georgia; thence following

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said northerly right-of-way line in a southerly and southwesterly direction to a point where the said northerly right-of-way line of the Northeast Expressway (inclusive of access road) intersects the centerline of Shallowford Road; thence running northerly along the centerline of Shallowford Road to a point where the centerline of Shallowford Road would intersect the centerline of Woodside Way if the centerline of Woodside Way was extended easterly in a straight line; running thence westerly and northwesterly along the centerline of Woodside Way to a point where the centerline of Buford Highway would intersect the centerline of Woodside Way if the centerline of Woodside Way was extended northwesterly in a straight line; thence running northeasterly along the centerline of Buford Highway to a point where the centerline of Buford Highway intersects the centerline of Chamblee-Tucker Road; running thence westerly along the centerline of Chamblee-Tucker Road to a point where the centerline of Chamblee-Tucker Road intersects the centerline of New Peachtree Road; running thence westerly along the centerline of New Peachtree Road to a point where the centerline of New Peachtree Road intersects the centerline of Clairmont Road; thence running northwesterly along the centerline of Clairmont Road to a point where the centerline of Clairmont Road would intersect the centerline of Peachtree Road if Peachtree Road was elevated to the same grade as Clairmont Road; thence continuing westerly along the centerline of Peachtree Road to a point where the centerline of Peachtree Road intersects the west line of Land Lot 278 of the 18th District of DeKalb County; thence northerly along the west line of said Land Lot 278 and continuing northerly also along the west line of Land Lot 300 of said 18th District and continuing northerly along the west Land Lot line of Land Lot 307 of said 18th District to point where the western line of Land Lot 307 intersects the centerline of Harts Mill Road; running thence in a northerly, easterly and northeasterly direction along the centerline of Harts Mill Road following the curvature thereof to a point where the centerline of Harts Mill Road would intersect the centerline of Chamblee-Dunwoody Road if the centerline of Harts Mill Road was extended easterly in a straight line, this point being the point of beginning of this Election District 1.

(2) Election District 2 shall include the area lying within the following described lines and boundaries: Beginning at the point where the centerline of Chamblee-Dunwoody Road would intersect the centerline of Harts Mill Road if the centerline of Harts Mill Road was extended easterly in a straight line; running thence southeasterly along the centerline of Chamblee Dunwoody Road to a point where the centerline of ChambleeDunwoody Road would intersect the centerline of Pierce Drive if the centerline of Pierce Drive was extended easterly in a straight line; thence running westerly and southwesterly along the centerline of Pierce Drive to the point where the centerline of Pierce Drive intersects the centerline of Peachtree Boulevard; thence running southwesterly along the centerline of Peachtree Boulevard to a point where the centerline of Peachtree Boulevard would intersect the centerline of Chamblee-Tucker

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Road if the centerline of Chamblee-Tucker Road was extended northerly in a straight line; thence running southeasterly along the centerline of Chamblee-Tucker Road to a point where the centerline of Chamblee-Tucker Road intersects the centerline of Peachtree Road, thence running northeasterly along the centerline of Peachtree Road to a point where the centerline of Peachtree Road would intersect the centerline of Chamblee-Dunwoody Road if the centerline of Chamblee-Dunwoody Road was on the same grade as Peachtree Road rather than running beneath a bridge which carries Peachtree Road over the Chamblee-Dunwoody Road roadbed; thence continuing southeasterly from said point of intersection along the centerline of Chamblee-Dunwoody Road to a point where the centerline of Chamblee-Dunwoody Road intersects the centerline of Shallowford Road; running thence northerly along the centerline of Shallowford Road to a point where the centerline of Shallowford Road intersects the eastern corporate limit line; running thence northerly and northwesterly along the eastern corporate limit line to a point where the eastern corporate limit line intersects the southerly right-of-way line of Interstate Highway 285; running thence westerly and northwesterly along the southerly right-of way line of Interstate Highway 285 to a point where the southerly right-of-way line of Interstate Highway 285 intersects the centerline of Chamblee-Dunwoody Road; running thence southerly and southeasterly along the centerline of Chamblee- Dunwoody Road to a point where the centerline of Chamblee-Dunwoody Road would intersect the centerline of Harts Mill Road if the centerline of Harts Mill Road was extended easterly in a straight line, this point being the point of beginning of this Election District 2.

(3) Election District 3 shall include the area lying within the following described lines and boundaries: Beginning at the point where the centerline of New Peachtree Road intersects the eastern right-of-way line of Clairmont Road; running thence easterly along the centerline of New Peachtree Road to a point where the centerline of New Peachtree Road intersects the centerline of Chamblee-Tucker Road; running thence southerly along the centerline of Chamblee-Tucker Road to a point where the centerline of Chamblee-Tucker Road intersects the centerline of Buford Highway; running thence southwesterly along the centerline of Buford Highway to a point where the centerline of Buford Highway would intersect the centerline of Woodside Way if the centerline of Woodside Way was extended northerly in a straight line; from said point running thence southeasterly along the centerline of Woodside Way to a point where the centerline of Woodside Way would intersect the centerline of Shallowford Road if the centerline of Woodside Way was extended southerly in a straight line; from said point running thence southerly along the centerline of Shallowford Road to a point where the centerline of Shallowford Road intersects the northerly right-of-way line of the Northeast Expressway (inclusive of access road) (a/k/a Interstate Highway I-85) in Land Lot 196 of the18th District of DeKalb County, Georgia; thence following said northerly right-of-way line in a southerly and southwesterly direction to a point where

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the said northerly right-of-way line of the Northeast Expressway (inclusive of access roads) intersects the eastern right-of-way line of Clairmont Road; thence running northerly along the eastern right-of-way line of Clairmont Road to a point where the eastern right-of-way line of Clairmont Road would intersect the southern right of-way line of Eighth Street if the southern right-of- way line of Eighth Street was extended easterly in a straight line; running thence westerly and northerly along the corporate limit line to a point where the corporate limit line intersects the centerline of Peachtree Road; running thence northeasterly along the centerline of Peachtree Road to a point where the centerline of Peachtree Road would intersect the centerline of Clairmont Road if the centerline of Clairmont Road was on the same grade as Peachtree Road rather than being elevated by a bridge above the Peachtree Road roadbed; thence running southerly along the centerline of Clairmont Road to a point at its intersection with the centerline of New Peachtree Road, thence easterly along the centerline of New Peachtree Road to the point where the centerline of New Peachtree Road Intersects the eastern right-of-way line of Clairmont Road, this point being the point of beginning of this Election District 3.

The foregoing was proposed by Council member Zanger with a motion that the same be adopted. Said motion was seconded by Council me Hogan. Same was then put to a vote and 5 Council members voted in favor of the Ordinance and 0 Council members voted against the Ordinance. Said motion was thereupon declared passed and duly adopted this 16th day June, 2015.

s/ EMMIE D NIETHAMMER Emmie Niethammer City Clerk, City of Chamblee, Georgia

Approved this 16th day of 2015. s/ R. ERIC CLARKSON The Honorable R. Eric Clarkson Mayor, City of Chamblee, Georgia

Approved as to form: s/ JOE FOWLER City Attorney

First reading May 19, 2015 Second reading June 16, 2015

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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 Reapportion election districts was published in said newspaper on the following date(s): 05/21/15, 05/28/15, 06/04/15

s/CAROLYN JERNIGAN GLENN CAROLYN J. GLENN, PUBLISHER

Sworn to and subscribed before me this 06/04/15.

s/JACQUELINE BRYANT Notary Public My commission expires September 22, 2018

NOTICE OF PROPOSED AMENDMENT TO CHARTER OF THE CITY OF CHAMBLEE, GA

City of Chamblee DeKalb County

Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Chamblee, Georgia (Ga. L. 1935 p. 976 et. Seq., approved March 28, 1935) so as to amend Article 3, Section 1.1 of the Charter so as to ++Reapportion election districts++, to repeal conflicting portions of the Charter and for all other lawful purposes.

A copy of the proposed Ordinance to amend the Charter is on file in the Office of the City Clerk of the City of Chamblee, Georgia and the Office of the City Clerk of the Superior Court of DeKalb County, Georgia for the purpose of examination and inspection by the public.

Emmie Niethammer City Clerk City of Chamblee, Georgia

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Filed in the Office of the Secretary of State July 13, 2015. __________

CITY OF BYRON RECORDER'S COURT; APPOINTMENT OF PRO TEM JUDGES.

# 2015-4

AN ORDINANCE OF THE CITY OF BYRON, GEORGIA, AMENDING THE CHARTER OF THE CITY OF BYRON AS SET FORTH IN AN ACT OF THE GENERAL ASSEMBLY OF GEORGIA, APPROVED FEBRUARY 13, 1941 (GA. LAWS 1941, P. 1210, ET. SEQ.) AS AMENDED, PARTICULARLY TO AMEND SECTION 23(b) OF SAID CHARTER AS AMENDED PARTICULARLY BY AN ACT APPROVED OCTOBER 8, 2001 (GA. LAWS 2002, P. 5906, ET. SEQ.) SO AS TO PROVIDE FOR THE APPOINTMENT OF PRO-TEM JUDGES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

BE IT ORDAINED by the Mayor and Council of the City of Byron, Georgia and it is hereby so ordained by the authority of same, pursuant to the authority granted the City of Byron under the Municipal Home Rule Act of 1965 (1965 Ga. Laws p. 298, et seq., as amended, O.C.G.A. 36-35-3, et. seq.) as follows:

Section 23 entitled Creation of Recorder's Court of the Charter of the City of Byron, Georgia is hereby amended by adding a new Section 23 (b) (3) so as to provide for the appointment of pro-tem judges. Said Section 23(b) (3) shall read as follows:

Section 23. Creation of Recorder's Court

(b)(3) The council may appoint pro-tem judges as may be required for the purpose of presiding in the absence of the Chief Judge. Said pro-tem judges shall be required to meet the same qualifications as the Chief Judge, shall be required to take the oath required of the Chief Judge and shall serve at the pleasure of the city council.

This Ordinance shall be effective upon filing with the Secretary of State. All Charter provisions or Ordinances or parts of Ordinances of the City of Byron in conflict herewith are hereby repealed.

SO ORDAINED by the Mayor and Council of the City of Byron, Georgia, this 13th day of April, 2015.

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Mayor:

s/ LAWRENCE C. COLLINS Lawrence C. Collins

s/ MICHAEL L. CHIDESTER Michael L. Chidester, Mayor Pro-Tem

s/ JAMES RICHARDSON James Richardson, Council Member

s/ FARRELL W. BASS Farrell W. Bass, Council Member

s/ MICHAEL S. CHUMBLEY Michael S. Chumbley, Council Member

Attest: s/ TELINA ALLRED Telina Allred, City Clerk

s/ ALAN C. DORSEY Alan C. Dorsey, Council Member

SO ORDAINED by the Mayor and Council of the City of Bryon, Georgia, this 11th day of May, 2015.

Mayor:

s/ LAWRENCE C. COLLINS Lawrence C. Collins

s/ MICHAEL L. CHIDESTER Michael L. Chidester, Mayor Pro-Tem

s/ JAMES RICHARDSON James Richardson, Council Member

s/ FARRELL W. BASS Farrell W. Bass, Council Member

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s/ MICHAEL S. CHUMBLEY Michael S. Chumbley, Council Member

Attest: s/ TELINA ALLRED Telina Allred, City Clerk

s/ ALAN C. DORSEY Alan C. Dorsey, Council Member

CITY OF BYRON, STATE OF GEORGIA I hereby certify that this instrument is a true copy of the original document. Witness my official signature this 19th day of May, 2015.

s/ TELINA ALLRED City Clerk, City of Byron

Publisher's Affidavit

Personally appeared before me on this date, Judy Robinson, Publisher of The Leader Tribune, the official legal organ for Peach County, Georgia, who certifies that the legal notice was published in The Leader Tribune on the following dates: April 1, 8, 15 2015 charter

This 22 Day of June, 2015

s/ JUDY ROBINSON Judy Robinson, Publisher

Sworn and subscribed before me this 22 day of June, 2015 s/ SHERRY LITTLE

PUBLIC NOTICE In accordance with the procedure set forth in the Municipal Home Rule Act, O.C.G.A. 36-35-1, et seq., the City of Byron proposes to amend Section 23 of the Charter of the City of Byron with regard to the appointment of Pro-Tem Judges. A copy of the proposed amendment is on file in the Office of the Clerk of the City of Bryon and in the Office of the Peach County Superior Court Clerk. Joan W. Harris Attorney for the City of Byron.

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Filed in the Office of the Secretary of State July 14, 2015.